Strategies for dealing with the non-joinder provision

Copyright 2012. Reprinted with permission.

On September 16 2011, as part of the America Invents Act (AIA), a law went into effect stipulating that multiple defendants joined in one patent action must be accused of “making, using, importing into the United States, offering for sale, or selling of the same accused product or process”. This provision – Section 299 of the Act – precludes joinder of multiple defendants where the only basis for joinder consists of allegations that all defendants infringe the same patent.

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Strategies for dealing with the non-joinder provision

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