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題名 Application of the Joinder Clause under the America Invents Act in the Context of Mobile Phone Technology
作者 陳秉訓
Chen, Ping-Hsun
貢獻者 科管智財所
關鍵詞 United States patent law; joinder of parties; patent law amendment of 2011;
     America Invents Act; non-practicing entity
日期 2015-03
上傳時間 18-Mar-2016 10:30:15 (UTC+8)
摘要 Before 35 U.S.C. § 299 was enacted, some minority district courts had permitted
     joinder of independent defendants only because they infringe the same patents. That
     gave a great incentive to non-practicing entities to sue as many defendants as possible
     in one suit. To resolve this problem, Congress created § 299(b) to abrogate the
     minority view of joinder. The Federal Circuit in In re EMC Corp. also created a test
     requiring finding of “an actual link between the facts underlying each claim of
     infringement.” The Federal Circuit provides six EMC factors for lower courts to
     determine permissive joinder. The Eastern District of Texas relies primarily on “the
     use of identically sourced parts” to find joiner, while other district courts have denied
     joinder of direct competitors. Particularly, in mobile phone technology cases, the
     Eastern District of Texas has permitted joinder only because the same hardware
     component is used, while other courts may find misjoinder only because mobile
     devices of one manufacturer’s operational system are not the same as mobile devices
     of another manufacturer’s operational system.
關聯 Fifth Annual Internet Law Work-in-Progress Conference, Santa Clara University, March 7, Santa Clara University School of Law
資料類型 conference
dc.contributor 科管智財所-
dc.creator (作者) 陳秉訓-
dc.creator (作者) Chen, Ping-Hsun-
dc.date (日期) 2015-03-
dc.date.accessioned 18-Mar-2016 10:30:15 (UTC+8)-
dc.date.available 18-Mar-2016 10:30:15 (UTC+8)-
dc.date.issued (上傳時間) 18-Mar-2016 10:30:15 (UTC+8)-
dc.identifier.uri (URI) http://nccur.lib.nccu.edu.tw/handle/140.119/82747-
dc.description.abstract (摘要) Before 35 U.S.C. § 299 was enacted, some minority district courts had permitted
     joinder of independent defendants only because they infringe the same patents. That
     gave a great incentive to non-practicing entities to sue as many defendants as possible
     in one suit. To resolve this problem, Congress created § 299(b) to abrogate the
     minority view of joinder. The Federal Circuit in In re EMC Corp. also created a test
     requiring finding of “an actual link between the facts underlying each claim of
     infringement.” The Federal Circuit provides six EMC factors for lower courts to
     determine permissive joinder. The Eastern District of Texas relies primarily on “the
     use of identically sourced parts” to find joiner, while other district courts have denied
     joinder of direct competitors. Particularly, in mobile phone technology cases, the
     Eastern District of Texas has permitted joinder only because the same hardware
     component is used, while other courts may find misjoinder only because mobile
     devices of one manufacturer’s operational system are not the same as mobile devices
     of another manufacturer’s operational system.		-
dc.format.extent 160213 bytes-
dc.format.mimetype application/pdf-
dc.relation (關聯) Fifth Annual Internet Law Work-in-Progress Conference, Santa Clara University, March 7, Santa Clara University School of Law-
dc.subject (關鍵詞) United States patent law; joinder of parties; patent law amendment of 2011;
     America Invents Act; non-practicing entity		-
dc.title (題名) Application of the Joinder Clause under the America Invents Act in the Context of Mobile Phone Technology-
dc.type (資料類型) conference-