Archive | Joinder

Joinder Ordered of All Parties with Potential Standing to Assert Patent

Following a patent owner’s appeal of an adverse judgment, and a remand by the Federal Circuit for consideration of a motion to substitute a purported purchaser of rights in the patent-in-suit, a district court has ordered joinder of the purported purchaser. Mformation Techs. v. Research in Motion, No. C-08-4990 EMC (N.D. Cal. Aug. 29, 2013). […]

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No Joinder Under AIA Just Because Accused Smartphones All Use Android

Different manufacturers’ use of the Android operating system in their respective smartphones did not arise out of the “same transaction or occurrence” under the joinder provision of the America Invents Act, 35 U.S.C. § 299.  Motorola Mobility, Inc. v. Apple Inc., nos. 1:12-cv-20271-RNS and 1:10-cv-23580-RNS, (S.D. Fla. July 31, 2012).  Accordingly, the court granted defendant […]

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E.D. Texas Applied Wrong Standard for Joinder of Patent Defendants: Fed. Circuit

Eight of eighteen defendants named in a complaint for patent infringement sought a writ of mandamus directing the Eastern District of Texas to sever and transfer claims against the respective defendants to various district courts.  The Federal Circuit partially granted the writ, directing the district court to “determine whether the claims ‘aris[e] out of the […]

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