Joinder Denied For Petitioner Whose Invalidity Case Was Dismissed With Prejudice, PTAB Litigation Blog
Visit the PTAB Litigation Blog.
In the PTAB’s recent decision in Code 200 v. Bright Data Ltd., IPR2021-01503, Paper No. 13 (PTAB Mar. 14, 2022), the PTAB expounded upon the circumstances in which joinder of a “me-too” case under § 315(b) was not warranted. In that case, Petitioner brought an IPR challenging United States No. 9,742,866 (“the ’866 Patent”). The petition was virtually identical to a pending IPR brought by NetNut Ltd. (“the NetNut IPR”) against the ’899 Patent. The motion for joinder was crucial for Petitioner because it had been sued for infringement of the ’899 Patent in 2018. Thus, if Petitioner were not permitted to join the pending NetNut IPR, its IPR would be time-barred.
Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.