How Joinder Impacts Choice Of Patent Litigation Forum

Law360, New York (January 17, 2014, 11:50 AM EST) -- Joinder, the uniting of claims or parties in a single lawsuit, has become an important consideration for patent holders deciding where to enforce their intellectual property rights — U.S. district court, the U.S. International Trade Commission, or possibly both fora. This article examines the joinder rule change introduced by the Leahy-Smith America Invents Act and its implications for choosing the best forum for patent litigation.

Joinder rules have strategic and financial consequences. By joining all alleged infringers in a single lawsuit, a patent holder can economize...
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