Joinder

News & Analysis as of

Drafting the International Arbitration Clause

In too many transactions, the dispute resolution clause is treated as mere boilerplate. In fact, dispute resolution clauses present an opportunity for lawyers to add significant value to their clients’ transactions. Giving...more

Summary of Revised AAA Construction Industry Rules Effective July 1, 2015

The American Arbitration Association recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised Rules, which became effective on July 1, "further align the AAA Construction Rules with...more

Summary of Revised AAA Construction Industry Rules Effective July 1, 2015

The American Arbitration Association recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised Rules, which became effective on July 1, "further align the AAA Construction Rules with...more

Arbitrator and Mediator. Member of AAA National Panel of Construction Arbitrators

AAA issued revised Construction Industry Arbitration Rules which took effect July 1, 2015. There are significant changes in the new rules which are intended to make the arbitration process more efficient and cost-effective. ...more

Federal Circuit Finds Nunc Pro Tunc Agreement Does Not Confer Standing

The tenuous nature of an exclusive licensee’s standing to enforce a patent was something I learned early in my legal career, when I was a judicial clerk at the Federal Circuit. In Alps South LLC v. Ohio Willow Wood Co., the...more

Motion To Join Additional Party Comes Too Late

Thynge, C.M. J. Magistrate recommends that plaintiff’s motion to amend its complaint to add infringement claims against non-party Microsoft be denied. Plaintiff sought to join Microsoft in November, 2014, which it...more

PTAB Rejects Samsung's Bid to Join Its Own Previously Initiated IPR Proceeding As An Unjustified "Second Bite At The Apple"

In IPR2015-00821, Petitioner Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc., sought to join its Petition with a recently initiated IPR proceeding involving the same patent, parties, and counsel. The...more

Collaborating Before The PTAB [Video]

One of the most important decisions that a patent defendant must make is whether to join with other co-defendants in America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board. Attorneys Seth Northrop and...more

Medical Device Trade Group Pens Letter in Opposition to Innovation Act

The Medical Device Manufacturers Association (“MDMA”) has been vocal in lobbying Capitol Hill for what they consider “necessary changes” to patent law for continuing medical device innovation.  Part of that lobbying has...more

Iqbal Pleading Standard Does Not Apply to Fraudulent Joinder Analysis on Motion to Remand

In Overholt v. Purina Animal Nutrition LLC, the Honorable Robert Holmes Bell was faced with determining whether a defendant was added to the plaintiffs' state court complaint in a fraudulent effort to defeat federal diversity...more

Is The Deck Stacked Against Patent Owners In The PTAB? [Video]

Two years after the creation of the America Invents Act post-grant proceedings, many patent owners are facing an uphill battle when attempting to defend their intellectual property before the Patent Trial and Appeal Board...more

Consent Judgments Entered Against Individuals and Law Firm Accused of Mass-Joinder Mortgage Rescue Scams

Consent judgments in a lawsuit brought by the Florida and Connecticut Attorneys General have been entered against five individuals and one law firm for their part in an alleged “mass-joinder” mortgage rescue scam....more

PTAB Panels Are Divided Regarding Interpretation Of The Joinder Provision

The America Invents Act (AIA) allows a petitioner to request joinder of an inter partes review (IPR) of a patent with an IPR proceeding previously instituted with respect to that patent so long as the request for joinder is...more

PTAB Issues Rare Grant of Rehearing and Clarifies Scope of Joinder - Target Corp. v. Destination Maternity Corp.

In a rare decision granting a petitioner’s request for rehearing, a twice-expanded panel of the Patent Trial and Appeal Board (PTAB or Board) reversed its earlier decisions denying institution of the inter partes review (IPR)...more

PTAB Allows Petitioner to Join Its Own Previously Filed Inter Partes Review

In Target Corp. v. Destination Maternity Corp., IPR2014-00508, the Patent Trial and Appeal Board (PTAB) granted Target Corporation’s Request for Rehearing on its previously denied Motion for Joinder, and ultimately granted...more

Joinder of defendants in apportionable claims: a question of justice

A recent Western Australian Court of Appeal case demonstrates the circumstances in which a court will join a prospective defendant in an apportionable claim. In Hart v JGC Accounting & Financial Services Pty Ltd...more

Joinder Denied: The Ins And Outs Of Filing And Joining IPR Petitions On A Timely Basis

For patent infringement defendants filing an Inter Partes Review (“IPR”) petition to challenge the validity of the patents asserted against them has become popular, largely because of the high rate of patents rendered invalid...more

IPR Motions for Joinder are Common, But Not Automatic

Recent statistics show that motions for joinder are granted about 60% of the time. While parties can, therefore, expect a sympathetic ear regarding these motions, they are not always successful and it is worth noting the...more

No Joinder Without Proof That Grounds Could Not Have Been Raised Previously

Reloaded Games, Inc. v. Parallel Networks LLC - Addressing the issue of joinder to an already instituted inter partes review (IPR), the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board)...more

Patent Filings, Institution Decisions, and Dispostitions for November 20, 2014

New Filings - Zetec, Inc. filed IPR2015-00280 challenging U.S. Patent No. 6,823,269, assigned to Westinghouse Electric Co LLC....more

Insitution Decisions and Dispositions for November 19, 2014

Institution Decisions - In Advanced Micro Devices, Inc.. v. Zond, LLC, IPR 2014-01072, Paper 11 (November 19, 2014), the Board instituted inter partes review of claims 16, 28, 41, 42, 45, and 46 of U.S. Patent No....more

Waiver of Florida Spousal Homestead Rights by Deed Upheld

A recent Florida appellate decision finds that the joinder of a spouse on a deed of homestead property to a trust constitutes a valid waiver of homestead rights, even though the deed contains no waiver language....more

Divided PTAB Panel Denies Issue Joinder as a Matter of Law

Target Corp. v. Destination Maternity Corp. - Interpreting the statutory provision regarding the one-year time limitation and joinder of parties, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board...more

Patent Filings and Institution Decisions for November 7, 2014

New Filings - 2Wire Inc. filed IPR2015-00239 challenging U.S. Patent No, 7,471,721 assigned to TQ Delta, LLC....more

IPR Joinder, While Common, is Not a Matter of Right

In IPR2014-00702, the Board denied Petitioner’s Motion for Joinder with a similar proceeding (IPR2014-00057), in a case styled as Unified Patents, Inc. v. PersonalWeb Technologies, LLC & Level 3 Communications, involving US...more

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