Footnote 61: Abrogating MyMail, Misjoinder in Patent Cases Revived

Tim Wilson, Senior IP Counsel, SAS Institute Inc, USA

One provision of the Leahy-Smith America Invents Act of 2011 (the “America Invents Act”) that has been less noticed is a litigation procedure reform: Section 299 Joinder of Parties. This provision clarifies FRCP 20 for patent cases, making it substantially more difficult to join multiple defendants in a single patent infringement action. I think that this Congressional action may significantly impact the business model of non-practicing entities (NPEs) and potentially limit the Eastern District of Texas as a patent litigation forum of choice.

Tim Wilson is Senior IP Counsel in the Legal Division at SAS Institute Inc., the world’s largest private software company, where he leads the patent practice. He also provides advice on all types of intellectual property law matters and competitive intelligence issues. Prior to joining SAS, Tim was an associate at Brown Raysman in New York, where he advised clients on all manner of licensing and outsourcing transactions. Tim began his legal career as a patent and intellectual property litigator with Jones Day in Cleveland. Tim received his JD from Syracuse University College of Law in 1192 and a BS from Pennsylvania State University in 1989. Tim is a member of the Editorial Board of Intellectual Property Magazine.