Friday, June 7, 2013

No Joinder of Parties in PGR and CBM Proceedings

The Board denied the petitioner's request for authorization to file a motion to join additional parties to the proceeding as petitioners and as real parties-in-interest because the AIA lacked any statutes or rules for joining additional "parties." "The statutory framework provided by Congress [under 35 U.S.C. § 325(c)] thus contemplates the situation where a party might wish to join an additional petition with an already instituted proceeding, and provides a way for that party to do so. The statute requires the filing of 'more than 1' petition for joinder to take place.... Thus the statute and corresponding regulation are directed to joining of proceedings not parties."

Petition for Covered Business Method Patent Review by US Bancorp, CBM2013-00014 (PTAB June 5, 2013, Order) (Giannetti, APJ).

No comments: