§ 299. Joinder of parties

337 words·~2 min read·/usc/title-35/section-299

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(a)Joinder of Accused Infringers.— With respect to any civil action arising under any Act of Congress relating to patents, other than an action or trial in which an act of infringement under section 271(e)(2) has been pled, parties that are accused infringers may be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, only if—

(1)any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and

(2)questions of fact common to all defendants or counterclaim defendants will arise in the action.

(b)Allegations Insufficient for Joinder.— For purposes of this subsection, accused infringers may not be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, based solely on allegations that they each have infringed the patent or patents in suit.

(c)Waiver.— A party that is an accused infringer may waive the limitations set forth in this section with respect to that party.

(Added Pub. L. 112–29, § 19(d)(1), Sept. 16, 2011, 125 Stat. 332; amended Pub. L. 112–274, § 1(c), Jan. 14, 2013, 126 Stat. 2456.)

Connections1 cite this · traces to 2

Cited by 1 section

U.S. Code

§ 1295
Jurisdiction of the United States Court of Appeals for the Federal Circuit

Traces to 2 documents

U.S. Code

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Pub. L. 112–29, § 19(d)(1)
125 Stat. 332
Pub. L. 112–274, § 1(c)
126 Stat. 2456
Pub. L. 112–274
section 1(n) of Pub. L. 112–274
section 19(e) of Pub. L. 112–29

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cites case law

§ 299

Joinder of parties

U.S.C.×1

U.S.C.§ 5

U.S.C.§ 1295

Pub. L.Pub. L. 112–29, § 19(d)(1)

Stat.125 Stat. 332

Pub. L.Pub. L. 112–274, § 1(c)

Stat.126 Stat. 2456

Pub. L.Pub. L. 112–274

Cites 9 · showing 7Cited by 1 across 1 source