In re EMC Corporation
677 F.3d 1351 (Fed. Cir. 2012) Cited 223 times 1 Legal AnalysesHolding that Rule 20 "requires shared, overlapping facts that give rise to each cause of action, and not just distinct, albeit coincidentally identical, facts. The sameness of the accused products is not enough to establish that claims of infringement arise from the 'same transaction'"
MGT Gaming, Inc. v. WMS Gaming, Inc.
978 F. Supp. 2d 647 (S.D. Miss. 2013) Cited 23 timesFinding that manufacturers of casino gaming machines, who did not have any relationship with respect to the design, manufacture, or distribution of their respective gaming machines, could not be joined under § 299 because they were direct competitors; and finding that casino operators, who also were not acting in concert, could not be joined under § 299 because they were direct competitors
Digitech Image Techs., LLC v. AgfaPhoto Holding GmbH
Case No. 8:12-cv-1153-ODW(MRWx) (C.D. Cal. Oct. 1, 2012) Cited 8 times 1 Legal AnalysesCase No. 8:12-cv-1153-ODW(MRWx) 10-01-2012 DIGITECH IMAGE TECHNOLOGIES, LLC, Plaintiff, v. AGFAPHOTO HOLDING GMBH, et al., Defendants. OTIS D. WRIGHT, II ORDER GRANTING MOTION TO DISMISS OR SEVER FOR MISJOINDER [85] Pending before the Court is Defendant Leica Camera Inc.'s Motion to Dismiss or Sever for Misjoinder. (ECF No. 85.) Leica contends that the newly enacted statute, 35 U.S.C. § 299, expressly prohibits joinder of unrelated defendants on the basis that they have all infringed the patent-in-suit
Norman IP Holdings LLC v. Lexmark Int'l, Inc.
6:12cv510 (E.D. Tex. Aug. 10, 2012) Cited 4 times 1 Legal Analyses6:12CV508 CASE NO. 6:11-CV-495 08-10-2012 NORMAN IP HOLDINGS, LLC, Plaintiff, v. LEXMARK INTERNATIONAL, INC., et al., Defendants. LEONARD DAVIS SEVERED FROM AND CONSOLIDATED INTO MEMORANDUM OPINION AND ORDER Before the Court are the following thirteen motions to dismiss for improper joinder or sever: • TomTom's Motion to Dismiss for Improper Joinder (Docket No. 39); • Garmin International, Inc.'s and Garmin USA, Inc.'s Motion to Dismiss or, Alternatively, for Severance Due to Misjoinder (Docket No
Williamson v. Citrix Online LLC
Case No. CV 11-2409 AHM (JEMx) (C.D. Cal. Jun. 29, 2012)Case No. CV 11-2409 AHM (JEMx) 06-29-2012 RICHARD A. WILLIAMSON v. CITRIX ONLINE LLC A. HOWARD MATZ CIVIL MINUTES - GENERAL Present: The Honorable A. HOWARD MATZ, U.S. DISTRICT JUDGE +-------------------------------------------------+ ¦Stephen Montes¦Not Reported ¦ ¦ +--------------+-------------------------+--------¦ ¦Deputy Clerk ¦Court Reporter / Recorder¦Tape No.¦ +-------------------------------------------------+ Attorneys NOT Present for Plaintiffs: Attorneys NOT Present for Defendants: Proceedings:
Lektron, Inc. v. GE Lighting, Inc.
Case No. 11-CV-413-TCK-PJC (N.D. Okla. Mar. 30, 2012)Case No. 11-CV-413-TCK-PJC 03-30-2012 LEKTRON, INC. Plaintiff, v. GE LIGHTING, INC.; iLIGHT TECHNOLOGIES, INC.; THE SLOAN COMPANY, INC. D/B/A SLOANLED, INC.; AND PHILIPS SOLID-STATE LIGHTING SOLUTIONS, INC. Defendants. TERENCE C. KERN OPINION AND ORDER Before the Court is GE Lighting, Inc.'s ("GE") Motion to Dismiss for Misjoinder (Doc. 40). Defendant Sloan Company, Inc. d/b/a SloanLED, Inc. ("Sloan") submitted a response in support of GE's motion, incorporating the arguments presented by GE. (See
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,110 times 16 Legal AnalysesProviding for service via CM/ECF Systems
Rule 20 - Permissive Joinder of Parties
Fed. R. Civ. P. 20 Cited 11,697 times 22 Legal AnalysesGranting courts authority to "issue orders-including an order for separate trials."
Rule 21 - Misjoinder and Nonjoinder of Parties
Fed. R. Civ. P. 21 Cited 7,736 times 14 Legal AnalysesGranting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants
Section 299 - Joinder of parties
35 U.S.C. § 299 Cited 144 times 9 Legal AnalysesLimiting the joinder of accused infringers in patent cases