Joinder

News & Analysis as of

Institution and Joinder Decisions for October 17, 2014

Institution Decisions - In First Data Corporation v. Cardsoft (Assignment for the Benefit of Creditors), LLC, IPR2014-00715, Paper 9, IPR2014-00720, Paper 8 (October 17, 2014), the Board denied inter partes review as...more

Institution Decisions, Dispositions, and Joinder Motions for October 16, 2014

Institution Decisions - In United States Endoscopy Group, Inc. v. CDx Diagnostics, Inc., IPR2014-00642, Paper 7 (October 16, 2014), the Board instituted inter partes review of claims 1-39 of U.S. Patent No. 6,258,044...more

Federal Circuit Decision Highlights Risk of Co-owning Patents

Co-owning any piece of property can lead to unwanted and unexpected headaches. And as demonstrated by the Federal Circuit in STC.UNM v. Intel Corp., Fed. Cir. No. 2013-1241, this is especially true with respect to...more

Joinder — Split decisions on the Same Day are Revealing

In Fujitsu Semiconductor Limited v. Zond, LLC, IPR2014-00858, Paper 13 (October 2, 2014), the Board granted Fujitsu’s motion to join the proceeding with prior IPR2014-00803....more

Board Uses its Discretion to Duck Joinder Question

In Microsoft Corporation v. Enfish, LLC, IPR2014-00574, Paper 13, IPR2014-00576, Paper 13, IPR2014-00577, Paper 13 (September 29, 2014), the Board denied Microsoft’s request to join the petition, with one of the prior inter...more

Possibility of Joinder Does Not Justify Making the Patent Owner Respond Early

In SkyHawke Technologies, LLC v. L and H Concepts, L.L.C., IPR2014-01485, Paper 6 (September 30, 2014), the petitioner submitted a request for joinder of the proceeding with IPR214-00438 that it previously filed, also...more

IP Newsflash - October 2014

Federal Circuit Affirms Inequitable Conduct Based On “Intentionally Selective” Disclosure - On September 26, 2014, a divided Federal Circuit panel affirmed the unenforceability of three American Calcar patents,...more

Federal Circuit Affirms Dismissal Where Co-Owner of Patent Refuses to Join Suit

The Federal Circuit recently denied en banc review of its prior decision dismissing a patent infringement suit where a co-owner of the patent-in-suit refused to join the case voluntarily and the court held that it could not...more

Joinder of insurers – Belcastro v Gabriel Nakhl

The potential savings in legal costs often warrant resisting the direct joinder of an insurer, notwithstanding the relatively low bar set by the authorities. In Belcastro v Gabriel Nakhl & Ors [2014] NSWSC 1305 the insurers...more

IPR Proceedings Filed Eight Months Apart Is Too Long to Permit Joinder

In the Macronix International Co., Ltd. et al. v. Spansion LLC, the PTAB denied Petitioner's motion for joinder under Section 315(c). On November 8, 2013, the Petitioner filed a petition for inter partes review of U.S. Patent...more

Make That First Bite A Big One

In Medtronic, Inc. v. Marital Deduction Trust, IPR2014-00695, Paper 18 (September 25, 2014), the Board denied Medtronic’s motion to join the IPR with a prior IPR 2014-00100, also involving U.S. Patent No. 5,593,417. The...more

The Board’s Disjointed View of Joinder

In Target Corporation v. Destination Maternity, IPR2014-00508, Paper 20 IPR2014-00509, Paper 19 (September 25, 2014), the Board denied the petitions as barred under 35 USC 315(b),finding that Target could not “join” its later...more

Institution Decisions on September 29, 2014

Institution Decisions - In Microsoft Corporation v. Enfish, LLC, IPR2014-00577, Paper 13, IPR2014-00574, Paper 14, IPR2014-00576, Paper 13 (September 29, 2014), the Board denied Microsoft’s motion for joinder, and...more

Fighting Fraudulent Joinder: Getting Your Case Into Federal Court

Tort actions involving pharmaceuticals and medical devices usually involve state law claims, and therefore, diversity jurisdiction is often the only way to proceed in a federal court. Plaintiffs, however, may join doctors,...more

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

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...more

D.C. Circuit Limits Discovery and Joinder for Downloading "Swarms"

AF Holdings v. Does et al. - Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called “copyright trolls” who subpoenaed...more

Patent Owner Failed to Justify Joining Five IPR’s

In Ford Motor Co. v. Cruise Control Technologies LLC, IPR2014-0281, Paper 19, (July 2, 2014) the Board denied patent owner’s motion to join five proceedings U.S. Patent No. 6,324,463. The Board ducked the question of whether...more

Medtronic Files for Inter Partes Review of Endotach Intravascular Stent Patent

On April 25, 2014, Medtronic, Inc. and Medtronic Vascular, Inc. (“Medtronic”) filed a second petition (the ’695 Petition) with the Patent Trial and Appeal Board requesting inter partes review of U.S. Patent No. 5,593,417...more

Joinder Denied

Athrex, Inc. v. Bonutti Skeletal Innovations LLC, IPR2013-00632, Paper 23 (April 16, 2014), petitioner moved to joint IPR2014-00632 with IPR2014-00633 to avoid any estoppel effect if a decision is renedered in one proceeding...more

Joinder Denied, But Requirements Explained

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,...more

Joinder in Inter Partes Review Proceedings Takes Shape

To date, three distinct scenarios relating to joinder have been presented to the Board, each demonstrating inter partes review strategies being employed by Petitioners, as well as the Board’s willingness to join proceedings...more

Family Law: Corporate And Trust Challenges To Service Of Process And Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s...more

‘Court procedure rules overcome Section 6 LR(MP) Act Problem’

In Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd (In Liq); in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in Liq) [2013] FCA 883, the Federal Court of Australia granted leave to join the...more

The Futility of Petitioning Congress (After the Fix Is In): Stakeholders Tell Judiciary Committee What's Wrong with Goodlatte Bill...

What everybody doesn't seem to know is how to get Congress to listen to the needs of the innovation community when well-heeled sectors put their lobbying and financial support in favor of legislation purportedly aimed at...more

Patent Reform Update: Leahy Introduces Senate Bill, Goodlatte Circulates House Manager’s Amendment

Significant congressional activity took place on November 18, 2013, bringing patent reform several steps closer to enactment. While final passage remains too early to predict (and no single bill has yet been voted out of...more

32 Results
|
View per page
Page: of 2