Wednesday, April 10, 2013

Proper Joinder as to a Single Claim Precludes Misjoinder as to Other Independent Claims

The court denied defendants' motion to sever retailer defendants from plaintiff's infringement action for misjoinder. "[Plaintiff] accuses each defendant of infringement by making, using, selling, or offering to sell [the manufacturer defendants' game] systems. Thus, there is at least one common claim of patent infringement against all defendants for the same accused product. . . . Both Rule 20 and the [America Invents Act] allow for the joinder of two parties accused of patent infringement if any right to relief is asserted against the parties jointly, severally, or in the alternative. The word 'any' indicates that so long as joinder is appropriate for one or more claims, misjoinder will not result from the presence of other independent infringement claims against a defendant." UltimatePointer, LLC v. Nintendo Co., Ltd., et. al., 6-11-cv-00496 (TXED March 27, 2013, Order) (Davis, J.).

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