News & Analysis as of

Joinder

Lucky Seven – Multi-Plaintiff Misjoinder Fails in Illinois Post-BMS

by Reed Smith on

Once the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), definitively determined that non-resident plaintiffs can’t go suing non-resident defendants anywhere they want,...more

Timely Joinder Cannot Save Untimely IPR When Nothing to Join

by Jones Day on

In IPR2017-01054 and IPR2017-01055 (Fresenius Kabi USA, LLC v. Hospira Inc.), the PTAB denied institution of inter partes reviews of U.S. Patent Nos. 8,242,158 and 8,338,470, because Petitioner Fresenius filed the IPR...more

The Eastern District of Texas Again Broadly Applies IPR Estoppel and Finds a Joined Party in the IPR Is Also Subject to Estoppel

by Knobbe Martens on

A magistrate judge in the Eastern District of Texas recommended in Network-1 Technologies, Inc. v. Alcatel-Lucent USA, Inc. Case No. 6:11-cv-492 (E.D.Tex. September 25, 2017) that Hewlett-Packard (“HP”) should be estopped...more

Federal Circuit Avoids Addressing Joinder, Questions Expanded Panel Use

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB or Board) decision finding claims invalid as obvious, but did not directly address the PTAB’s determination that joinder was...more

Issue Eight: PTAB Trial Tracker

by Goodwin on

A Surprise Move Designed to Shield Patents from IPR - On September 8, 2017, Allergan announced that it had assigned its patents covering Restasis®, a dry eye treatment with a reported $1.4B in sales last year, to the Saint...more

Samsung Bioepis Files for Joinder With Hospira Petitions Against Genentech Patents

by Goodwin on

Samsung Bioepis has filed three petitions for IPR challenging Genentech patents related to the use of Herceptin® (trastuzumab): IPR2017-01958, challenging U.S. Patent 6,627,196; IPR2017-01959 challenging U.S. Patent...more

The PTAB Review - August 2017

Federal Circuit Raises “Serious Questions” About PTAB Joinder Practice - In a recent concurrence in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. Ltd., two Federal Circuit judges criticized the Patent Trial and...more

Federal Circuit Concurring Opinion Asks Whether the Exception To One-Year Time Bar For Filing Inter Partes Review Petitions Via...

by Brinks Gilson & Lione on

In Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., No. 2016-2321 (Fed. Cir. Aug. 22, 2017), a concurring opinion by Judges Dyk and Wallach questioned whether petitioners may use joinder to circumvent time bar...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Nidec v. Zhongshan, the entire panel affirms a determination of obviousness but two judges question whether § 315(c) of the AIA was improperly used to permit joinder as to a second Zhongshan petition filed after the...more

Expanded PTO Panels and Improper Joinder: The Federal Circuit Fires a Warning Shot

by Jones Day on

The Federal Circuit’s decision in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., (Fed. Cir. No. 16-2321), expresses a growing discomfort with the Patent Office’s practice of joinder and expanded panels....more

Federal Circuit Signals that Issue Joinder and Expanded Panels May Not Be Long for the IPR World

A fairly straightforward Federal Circuit decision today affirming a PTAB determination of obviousness provides insight into a potential reining in of the PTAB on two issues. In Nidec Motor Corp. v. Zhongshan Broad Ocean...more

PTAB Denies Joinder of IPR Petitioner That Won’t Take “Silent Understudy” Role

by Jones Day on

In orders entered July 10 and 12, 2017, the PTAB instituted further inter partes review (IPR) of six Allergan Inc. (“Allergan”) patents relating to cyclosporine compositions. Each of U.S. Patent Nos. 8,633,162, 8,685,930,...more

New International Rules of Chinese Arbitration Association Streamline Processes

by Jones Day on

The Chinese Arbitration Association ("CAA") adopted the Chinese Arbitration Association International Arbitration Rules 2017 ("CAAI Rules") on July 1, 2017. The Rules—which can apply only to arbitrations seated outside of...more

The Kingdom of Saudi Arabia's Implementing Regulations of the 2012 Arbitration Law enter into force

by Hogan Lovells on

On 22 May 2017, the Kingdom of Saudi Arabia passed the Implementing Regulations of the 2012 Arbitration Law ("Implementing Regulations"). These regulations came into force on 9 June 2017 after publication in the Saudi Gazette...more

PTAB Denies Apple's Motion to Withdraw IPR Petition and Motion for Joinder

by Knobbe Martens on

The PTAB denied Apple’s motion to withdraw both its IPR petition and concurrent motion for joinder to prevent Apple from circumventing potential estoppel ramifications in Apple Inc. v. Papst Licensing GmbH & Co. KG,...more

PTAB Grants Joinder of Time-Barred Petitioner to IPR after Settlement with Original Petitioner

by Knobbe Martens on

The PTAB granted joinder of a time-barred petitioner to an IPR trial after the patent owner settled its dispute with the original petitioner in AT&T Services, Inc. v. Convergent Media Solutions, LLC, IPR2017-01237, Paper 10...more

House Amends Class Action & Fraudulent Joinder Statutes

by Strasburger & Price, LLP on

On March 9, 2017, the House passed the Fairness in Class Action Litigation Act of 2017 and the Innocent Party Protection Act, addressing class actions and fraudulent joinder suits, respectively. The class action bill...more

Where Party Joined Pending IPRs, Delaware Takes Broad View of § 315 Estoppel

by Jones Day on

In Parallel Networks Licensing, LLC v. International Business Machines Corporation, No. 1:13-cv-02072, Dkt. No. 366 (D. Del. Feb. 22, 2017) (Slip Op.), the court held IBM was estopped from asserting obviousness under §103...more

Curtailing Abusive Litigation: Congress to Consider Important Legal Reform Legislation This Week

If your organization is facing abusive litigation—or is concerned about that possibility—you may be pleased to know that, this week, the U.S. House of Representatives is expected to consider and pass four bills aimed at...more

More on Missouri – What To Expect and Not To Expect After Dolan

by Reed Smith on

This is a follow-up to our post last week on the Missouri Supreme Court’s momentous personal jurisdiction decision in State ex rel. Norfolk Southern Railway Co. v. Dolan, ___ S.W.3d ___, 2017 WL 770977 (Mo. Feb. 28, 2017)...more

The Funny Guy Case is No Laughing Matter: Virginia Supreme Court Applies Res Judicata in Rejecting Contract Claim

by Littler on

The Supreme Court of Virginia recently issued an opinion applying the principles of res judicata to affirm the dismissal of a contract claim.  In The Funny Guy, LLC v. Lecego, LLC, No. 160242 (Feb. 16, 2017), the plaintiff...more

Justice Department Joins Whistleblower Suit Accusing UnitedHealth Group of Overcharging Medicare by “Hundreds of Millions”

The U.S. Department of Justice (DOJ) has joined a whistleblower lawsuit, United States of America ex rel Benjamin Poehling v. Unitedhealth Group Inc., No. 16-08697 (Cent. Dist. Cal. Sep. 17, 2010), ECF No. 79, against...more

Is Everybody Here? Supreme Court Defines Necessary Parties

by Strasburger & Price, LLP on

Texas Rule of Civil Procedure 39(a) requires joinder of person who is subject to service as a party to the suit if that person’s absence would prevent complete relief or that person claims an interest in the litigation....more

Breaking News: PTAB Grants One Petition and Denies Another for Review of Genentech’s Cabilly Patent

by Goodwin on

Merck Sharp & Dohme filed two petitions for inter partes review of Genentech’s U.S. Patent 6,331,415, one of the “Cabilly Patent,” which claims processes and materials broadly applicable to recombinant antibody manufacturing....more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

by Carlton Fields on

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 control,...more

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