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題名 Joinder of Unrelated Infringers as Defendants in Patent Litigation under the Jurisprudence of the United States District Court for Eastern District of Texas—A Critical Review
作者 陳秉訓
Chen, Ping-Hsun
貢獻者 科管智財所
日期 2016-06
上傳時間 29-Aug-2016 14:33:02 (UTC+8)
摘要 In 2011, the Leahy-Smith America Invents Act (“AIA”) was enacted. 35 U.S.C. § 299 was created to limit district court’s power to permit joinder of unrelated infringers as defendants in a single lawsuit. Before that, district courts apply Rule 20 of the Federal Civil Procedure. The Eastern District of Texas had permitted joinder only because the same patent was infringed. By introducing § 299, Congress intended to abrogate such approach. Later, the Federal Circuit in In re EMC limited the practice of Rule 20 and required a finding of “an actual link between the facts underlying each claim of infringement.” EMC also offered six factors for determination of joinder. However, this article demonstrates that the Eastern District of Texas still prefers joinder of unrelated defendants. The court has taken the “actual link” standard to a next level. The court primarily looks to common facts regarding the accused products or processes. Particularly when products are accused, the third EMC factor “the use of identically sourced components”becomes a dispositive factor. The only rebuttal may be to prove that the accused products are “independently developed products using differently sourced parts.”
關聯 Journal of the Patent & Trademark Office Society, Vol.98, No.2, pp.155-181
資料類型 article
dc.contributor 科管智財所
dc.creator (作者) 陳秉訓zh_TW
dc.creator (作者) Chen, Ping-Hsun
dc.date (日期) 2016-06
dc.date.accessioned 29-Aug-2016 14:33:02 (UTC+8)-
dc.date.available 29-Aug-2016 14:33:02 (UTC+8)-
dc.date.issued (上傳時間) 29-Aug-2016 14:33:02 (UTC+8)-
dc.identifier.uri (URI) http://nccur.lib.nccu.edu.tw/handle/140.119/100792-
dc.description.abstract (摘要) In 2011, the Leahy-Smith America Invents Act (“AIA”) was enacted. 35 U.S.C. § 299 was created to limit district court’s power to permit joinder of unrelated infringers as defendants in a single lawsuit. Before that, district courts apply Rule 20 of the Federal Civil Procedure. The Eastern District of Texas had permitted joinder only because the same patent was infringed. By introducing § 299, Congress intended to abrogate such approach. Later, the Federal Circuit in In re EMC limited the practice of Rule 20 and required a finding of “an actual link between the facts underlying each claim of infringement.” EMC also offered six factors for determination of joinder. However, this article demonstrates that the Eastern District of Texas still prefers joinder of unrelated defendants. The court has taken the “actual link” standard to a next level. The court primarily looks to common facts regarding the accused products or processes. Particularly when products are accused, the third EMC factor “the use of identically sourced components”becomes a dispositive factor. The only rebuttal may be to prove that the accused products are “independently developed products using differently sourced parts.”
dc.format.extent 170461 bytes-
dc.format.mimetype application/pdf-
dc.relation (關聯) Journal of the Patent & Trademark Office Society, Vol.98, No.2, pp.155-181
dc.title (題名) Joinder of Unrelated Infringers as Defendants in Patent Litigation under the Jurisprudence of the United States District Court for Eastern District of Texas—A Critical Review
dc.type (資料類型) article