Divided PTAB Panel Denies Issue Joinder As A Matter Of Law

Interpreting the statutory provision regarding the one-year time limitation and joinder of parties, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) issued a divided 3-2 expanded panel decision denying petitioner's petition as barred by the one-year time limitation and denying petitioner's motion for joinder as a matter of law, finding that 35 U.S.C. § 315(c) permits joinder of parties, but precludes joinder of issues raised by the same party.  Target Corp. v. Destination Maternity Corp., Case No. IPR2014-00508 (PTAB, Sept. 25, 2014) (Fitzpatrick, APJ) (Green, APJ, dissenting). 

The patent owner, Destination Maternity, sued petitioner Target in district court for infringement of its patent.  Within the allotted one-year time limitation, petitioner filed two IPR petitions seeking invalidation of all of the claims of the patent.  The PTAB instituted both IPR petitions on all but one of the challenged claims.