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Problematic Approaches Of The Joinder Clause Under The America Invents Act By Federal District Courts, Ping-Hsun Chen
Problematic Approaches Of The Joinder Clause Under The America Invents Act By Federal District Courts, Ping-Hsun Chen
Ping-Hsun Chen
Before 35 U.S.C. § 299 was enacted, some minority district courts had permitted joinder of independent defendants only because the same patent was infringed. 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. However, the Eastern …
Inventorship, Double Patenting, And The America Invents Act, N. Scott Pierce
Inventorship, Double Patenting, And The America Invents Act, N. Scott Pierce
N. Scott Pierce
The Leahy-Smith America Invents Act of 2011 (AIA) defines an “inventor” as “the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.” Prior art that consists of a “disclosure . . . made by the inventor or joint inventor” or “subject matter [that] had, before such disclosure, been publicly disclosed by the inventor or a joint inventor,” when disclosure is “made 1 year or less before the effective filing date of a claimed invention,” is excepted from the novelty requirement. However, there is nothing in the AIA or its legislative …