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ARTICLE · 14 AUGUST 2015

Overcoming Common Arguments Against Joinder Of IPRs

Duane Morris LLP
Duane Morris LLP
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The joinder of inter partes reviews is left to the discretion of the Patent Trial and Appeals Board ("the Board").

United StatesIntellectual Property
Duane Morris
Duane Morris
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A review of patent owners' Oppositions to Joinder shows three common arguments against joining inter partes reviews: the lack of availability of issue joinder, the failure of joinder to simplify issues before the Board, and the inequity of allowing joinder.  This post explores counter-arguments which can be used by a Petitioner when bringing a Motion for Joinder of IPRs

The joinder of inter partes reviews is left to the discretion of the Patent Trial and Appeals Board ("the Board"). 35 U.S.C. § 315(c) ("the Director, in his or her discretion, may join as a party to that inter partes review any person who properly files a petition under section 311 that the Director, after receiving a preliminary response under section 313 or the expiration of the time for filing such a response, determines warrants the institution of an inter partes review under section 314.).

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