§ 299. Joinder of parties

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2011

   Pub. L. 112–29 § 19(d)(1) · 125 Stat. 332

   Enacted · 35 U.S.C. § 299

   Added Pub. L. 112–29, § 19(d)(1), Sept. 16, 2011, 125 Stat. 332

   Source evidence

   Code source credit
   Added Pub. L. 112–29, § 19(d)(1), Sept. 16, 2011, 125 Stat. 332

   Enacted provision · exact public law section
   (1) Joinder of parties and stay of actions.— Chapter 29 of title 35, United States Code, as amended by this Act, is further amended by adding at the end the following new section: “§ 299. Joinder of parties “(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, or counterclaim defendants 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 “(2) questions of fact common to all defendants or counterclaim defendants will arise in the action. “(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. “(c) Waiver.— A party that is an accused infringer may waive the limitations set forth in this section with respect to that party.” .

2. 2013

   Pub. L. 112–274 § 1(c) · 126 Stat. 2456

   Substituted · 35 U.S.C. § 299(a)

   Pub. L. 112–274 substituted “only if” for “or counterclaim defendants only if” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–274 substituted “only if” for “or counterclaim defendants only if” in introductory provisions.

   Enacted provision · exact public law section
   (c) Joinder of Parties.— Section 299(a) of title 35, United States Code, is amended in the matter preceding paragraph (1) by striking “or counterclaim defendants only if” and inserting “only if”.

   Effective date note
   Amendment by Pub. L. 112–274 effective Jan. 14, 2013, and applicable to proceedings commenced on or after such date, see section 1(n) of Pub. L. 112–274, set out as a note under section 5 of this title.

2 of 2 references resolved to an enrolled provision