Texas Joinder Ruling Lets Plaintiffs Skirt Key AIA Provision

Law360, New York (August 15, 2012, 9:35 PM EDT) -- A Texas federal judge's recent ruling that the America Invents Act bars a patent holder from joining unrelated defendants to an infringement suit — but does not preclude consolidating the severed suits — allows plaintiffs to perform an end-run around the joinder provision of the patent reform law, attorneys say.

The joinder provision of the act, which applies to suits filed after it went into effect Sept. 16, prohibits defendants from being joined in one action merely because they are alleged to have infringed the same patent.

Plaintiff Norman IP Holdings LLC claimed the joinder provision did not apply to suits...

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