Footnote 61: Abrogating MyMail, Misjoinder in Patent Cases Revived
Abstract
One provision of the Leahy-Smith America Invents Act of 2011 (the “America Invents Act”) that has been less noticed is a litigation procedure reform: Section 299 Joinder of Parties. This provision clarifies FRCP 20 for patent cases, making it substantially more difficult to join multiple defendants in a single patent infringement action. I think that this Congressional action may significantly impact the business model of non-practicing entities (NPEs) and potentially limit the Eastern District of Texas as a patent litigation forum of choice.
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