(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.
2013—Subsec. (a). Pub. L. 112–274substituted “only if” for “or counterclaim defendants only if” in introductory provisions.
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–274effective Jan. 14, 2013, and applicable to proceedings commenced on or after such date, see section 1(n) ofPub. L. 112–274, set out as a note under section
5 of this title.
Section applicable to any civil action commenced on or after Sept. 16, 2011, see section 19(e) ofPub. L. 112–29, set out as an Effective Date of 2011 Amendment note under section
1295 of Title
28, Judiciary and Judicial Procedure.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.