Considering Joinder And Advice Of Counsel Under AIA

Law360, New York (February 7, 2012, 12:41 PM EST) -- On Sept. 16, 2011, the America Invents Act, commonly referred to as "patent reform," was signed into law. The AIA, of course, represents the most significant set of legislative changes to the U.S. patent laws since 1952. Two of these changes — limiting joinder of unrelated defendants in patent cases and barring evidence that a defendant failed to obtain advice of counsel to prove willful infringement or inducement — are of particular interest to companies defending patent infringement suits or considering options to enforce their own patents....

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