This is old news. This law is almost a year old and was not retroactively applicable, though was deemed to apply to pending litigation as of the enacted date, September of 2011.
Since EDIG did not have success with joinder of multiple defendants anyway this cannot hurt them in terms of substantive claims. However, it is one more reason why I doubt DM will be taking on the cost burden of bringing additional litigation as now discovery will have to be undertaken individually instead of collectively.
Pertinent information about this law follows:
Joinder of Parties (Sec. 19, § 299)
Mere allegations that multiple accused infringers each have infringed a patent is insufficient for joinder in one action.
?Parties that are accused infringers may be joined in one action as defendants, or have their actions consolidated for trial, only if:
(1)any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and
(2)questions of fact common to all defendants or counterclaim defendants will arise in the action.
LL
AI
