Monday, January 30, 2012

Assertion of Identical Patents Among Multiple Defendants Does Not Justify Joinder

The magistrate judge recommended severing plaintiff's claims against four defendants into separate actions for misjoinder. "Plaintiff asserts that all Defendants violated every Patent. There is no allegation, however, that these alleged violations are related. . . . Plaintiff suggests that all that is necessary to join unrelated Defendants who have allegedly committed unrelated acts of Patent infringement, is that the Patent be 'the same.' The Court is not persuaded."

Brandywine Communications Technologies, LLC v. Verizon Communications, Inc., et. al., 6-11-cv-01344 (FLMD January 24, 2012, Order) (Baker, M.J.)

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