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ARTICLE · 19 JULY 2017

Federal Circuit May Be Poised To Eliminate Issue Joinder

Duane Morris LLP
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The Nidec case recently heard at the Federal Circuit illustrates why joinder is such a contentious issue.

United StatesLitigation, Mediation & Arbitration
Duane Morris
Duane Morris
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A Federal Circuit panel may toss so-called "issue joinder" from inter partes review proceedings after hearing oral arguments last month in Nidec Motor Corporation v. Zhongshan Broad Ocean Company. Issue joinder allows the same party to raise new issues in separate proceedings and then join them.The joinder provision of the AIA has proven contentious since the creation of inter partes reviews. (See our previous post on joinder here). The statute reads:

If the Director institutes an inter partes review, 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. 35 U.S.C. § 315(c) (emphasis added).

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