Joinder Denied, But Requirements Explained

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In Regions Financial Corporation, v. Retirement Capital Access Management Company, LLC, CBM2014-00012, Paper 17 (March 25, 2014) the Board denied a motion to join the case with CBM2013-00014 because under the circumstances, joinder would have a significant adverse impact on the Board’s ability to complete the existing proceeding in a timely manner.  The Board noted that oral argument had already been schedule in the first CBM.

The Board outlined the showing required in a motion for Joinder

As the moving party, Petitioners have the burden of proof in establishing entitlement to the requested relief. 37 C.F.R. §§ 42.20(c). A motion for joinder should: (1) set forth the reasons why joinder is appropriate; (2) identify any new grounds of unpatentability asserted in the petition; (3) explain what impact (if any) joinder would have on the trial schedule for the existing review; and (4) address specifically how briefing and discovery may be simplified. See e.g. Kyocera Corp. v. SoftView LLC, IPR2013-00004, Paper 15 at 4 (Apr. 24, 2013).

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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