Joinder Defeats the Bar under 35 U.S.C. § 315(b)

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In Enzymotec Ltd. v. Neptune Technologies & Bioressources Inc., IPR2014-00556, Paper 19, (July 9, 2014) the Board granted Enzymotec’s motion for joinder of IPR2014-00556 with IPR2014-00003. Absent joinder with the other proceeding, Enzymotec’s Petition for Inter partes review is barred under 35 U.S.C. § 315(b).

The Board did not believe that the possibility of broadening the scope of issues in IPR2014-00003 was an adequate reason for denying joinder, noting section 315(c) permits joinder of “any person who properly files a petition under section 311.” There is no language in either § 311 or § 315(c) requiring the Board to limit Enzymotec’s Petition to identical issues in IPR2014-00003.

Topics:  Joinder, Patent Infringement, Patent Litigation, Patents, USPTO

Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology Updates

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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