The Board’s Disjointed View of Joinder

In Target Corporation v. Destination Maternity, IPR2014-00508, Paper 20 IPR2014-00509, Paper 19 (September 25, 2014), the Board denied the petitions as barred under 35 USC 315(b),finding that Target could not “join” its later filed petitions with its prior, timely filed petitions.  The Board found that joinder only allows parties to join, and a party cannot join a proceeding to which it is already a party.  The Board separately denied Target motion for joinder in IPR2014-00508, Paper 18, IPR2014-00509, Paper 18.

The Board provided a detailed analysis of Joinder under 35 U.S.C. 315(c), acknowledging prior decisions of the Board that reached a different result, allowing a party to “join itself” in Ariosa Diagnostics v. Isis Innovation Ltd., IPR2012-00022 (September 2, 2014) (Paper 66); Samsung Elecs. Co. v. Virgina Innovation Scis., Inc., IPR2014-00557 (June 13, 2014); Microsoft Corp. v. Proxyconn, Inc., IPR2013-00109 (Feb. 25, 2013) (Paper 15); ABB Inc. v. Roy-G-Biv Corp., IPR2013-00286 (August 9, 2013) (Paper 14); Sony Corp. v. Yissum Research Dev. Co. of the Hebrew Univ. of Jerusalem, IPR2013-00327 (September 24, 2013) (Paper 15).

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About Bryan Wheelock

Education J.D., Washington University in St. Louis B.S.E. in Mechanical Engineering, Duke University Bryan Wheelock's practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies. In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.