A review of patent owners’ Oppositions to Joinder shows three common arguments against joining inter partes reviews: the lack of availability of issue joinder, the failure of joinder to simplify issues before the Board, and the inequity of allowing joinder. This post explores counter-arguments which can be used by a Petitioner when bringing a Motion for Joinder of IPRs
The joinder of inter partes reviews is left to the discretion of the Patent Trial and Appeals Board (“the Board”). 35 U.S.C. § 315(c) (“the Director, in his or her discretion, may join as a party to that inter partes review any person who properly files a petition under section 311 that the Director, after receiving a preliminary response under section 313 or the expiration of the time for filing such a response, determines warrants the institution of an inter partes review under section 314.). Continue reading “Overcoming Common Arguments Against Joinder of IPRs”