“Actual Links” Between Claims Against Separate Defendants Justify Joinder Under Pre-AIA Rules

The court denied defendant's motion to sever and transfer venue of plaintiff's claims. "[T]here are several 'actual links' between the facts underlying each claim of infringement against each Defendant, which links involve accused products comprising commonly sourced parts. . . . [Plaintiff] has shown – and [defendant] has not refuted – that all of the accused products operate the same way relative to the patents (by complying with the [same] standard) and that all of the accused products incorporate technology sourced from the same company. This Court believes that these are precisely the sort of 'actual links' that the Federal Circuit had in mind when it discussed the propriety of joinder in patent cases."

Negotiated Data Solutions, Inc. v. Apple Inc., et. al., 2-11-cv-00390 (TXED December 11, 2012, Order) (Gilstrap, J.).