Tuesday, February 19, 2013

Stipulated Waiver of AIA Joinder Rules Rejected

The court rejected the parties' stipulation to "waive" the joinder limitations of 35 U.S.C. § 299 as they pertained to plaintiff's infringement action against 13 defendants and instead dismissed the action for improper joinder as to all but the first-named defendant. "[Plaintiff] has alleged no relationship between the defendants other than that they have each infringed the [patent-in-suit] and that some of them use the same distributors . . . to sell their allegedly infringing products. . . . The Court believes that some consolidation of effort is likely to achieve judicial economy, particularly in the area of claim construction. However, it is not at all clear that other significant efficiencies can be achieved through the proposed stipulated joinder. . . . [D]epending on the evidentiary record as to each defendant, pre-trial motion practice could vary significantly from case to case." (page 2)

Thermolife International, LLC v. Better Body Sports, LLC, et. al., 2-12-cv-09229 (CACD February 13, 2013, Order) (Feess, J.).

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