Category: Joinder Post AIA
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Board Limits Multiple IPR Challenges in Samsung Electronics v. Rembrandt Wireless Technologies
June 22, 2015 Rembrandt Wireless Technologies sued Samsung and Research in Motion for infringement of U.S. Patent 8,457,228 in June 2013. The ‘228 patent relates to data communications, and in particular to a data communication system in which a plurality of modems use different types of modulation in a network. In June of 2014, Samsung filed six IPR…
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Target Wins Rehearing of IPR Joinder Decision with Expanded Panel
Last fall, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to require joinder requests by a non-party to an ongoing proceeding. (Target Corp. v. Destination Maternity Corp., IPR2014-00508 and IPR2014-00509.) Prior to that decision, the Board had interpreted § 315(c) to allow for issue joinder by the petitioner of the original proceeding (see, for…
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Lex Machina’s 2013 Patent Litigation Report Shows Disparity Between Litigated Patents and those under PTAB Review
Litigation and post-grant proceedings often go hand-in-hand. A new litigation report published by Lex Machina summarizes patent litigation data for 2013 and prior years. It is an interesting report and very easy to digest. Two findings caught my eye. The first one relates to the overall number of patent litigation cases filed in 2013: Plaintiffs filed 6,092…
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IPO Article on Misjoinder
My last post was on the America Invents Act amendments to 35 U.S.C. 299 affecting joinder in patent infringement actions. If you are interested in that topic, you should see an article reported in today’s IPO Daily News. The article was written by Scott Burt from Jones Day, Barry F. Irwin from Kirkland & Ellis…
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America Invents Act Impacts Joinder in Patent Infringement Cases
The America Invents Act brought a lot of changes for patent attorneys. This post will discuss the impact of Section 19 of the Act on joinder of parties in litigation. The amendments to 35 U.S.C. § 299 provide that joinder of defendants shall not be permitted “solely on allegations that they have infringed a patent…