35 U.S. Code § 299 - Joinder of parties
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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
(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.
Source(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.)
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.
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