Absent Participation in Common Transaction or Occurrence, Defendants Accused of Infringing the Same Patents Should Not be Joined in a Single Suit

Defendants' motion to sever plaintiff's suit involving eleven defendants and four patents was granted. "Plaintiff has not alleged that the Defendants have engaged in the same transaction or occurrence or series of transactions or occurrences. Rather, Defendants are accused of infringing the patents in similar ways, but not as part of the same transaction or occurrence or series of transactions or occurrences. Each Defendant operates differently and offers products that often compete with those of other Defendants. Joinder is thus improper under Rule 20(a)."

Interval Licensing LLC v. Apple Inc., 2-11-cv-00708 (WAWD April 29, 2011, Order) (Pechman, J.)