These changes to
the joinder rules are responsible for much of the rise in the number of patent cases since 2011.
In addition to changing
the joinder rules, the AIA introduced a new forum: the Patent Trial and Appeal Board (PTAB).
PricewaterhouseCoopers found that two - thirds of all patent infringement lawsuits are filed by PAEs — 28 percent higher than five years ago (though changes in
joinder rules contained in the America Invents Act in September 2011 likely account for much of this increase).
Not exact matches
He maintained that the court, having in its
ruling on April 13, 2017 dismissed their
joinder application and described them as «strangers» with no interest to protect in the proceedings, they lacked right to «oust the court of its jurisdiction».
• Expanded PTAB panel overrules earlier three - judge panel,
rules that 35 U.S.C. § 315 (c) permits
joinder of multiple IPR proceedings brought by the same petitioner.
But, if the forum of the class action lawsuit is not one of the typically one or two states where the defendant is «at home», then a U.S. Supreme Court
ruling from June of 2017 that significantly changes the law of «specific jurisdiction» probably bars the
joinder of the foreign plaintiff as a member of the class.
The new provisions in the 2016
Rules that allow for consolidation of related arbitrations and
joinder of additional parties, as well as the appointment of an emergency arbitrator, would increase efficiency and flexibility of KCAB proceedings.
As multi-party disputes have become more and more common, arbitral institutions have begun to recognise the importance of including
joinder and consolidation provisions in their
rules to counter this difficulty.
In considering this, the parties should consult and familiarise themselves with how their preferred arbitral
rules deal with
joinder (i.e. adding a party to existing proceedings) and consolidation (i.e. joining multiple existing proceedings together) at the time of drafting the contract (s), as well as at the outset of any potential dispute itself.
The America Invents Act (AIA), key portions of which became effective in September, 2011, changed the procedural
rules regarding
joinder, or the number of defendants a plaintiff could sue in a single case.