Today, Fri., May 4, 2012, in In re Misc EMC, Misc. No. 100, the Federal Circuit (Rader, Dyk and Moore) granted mandamus and ordered the  E.D. Tex. district court to reconsider its ruling that allowed joinder of 18 defendants based on a new “sameness test” for joinder (rejecting the district court’s “not dramatically different” test).  The new sameness test appears to limit joinder of multiple defendants in a single case, but the Court noted that cases still may be coordinated in a single court if venue is proper and that multidistrict litigation may be proper for pretrial issues of claim construction and patent invalidity.
Continue Reading Patent Alert: Federal Circuit creates “sameness test” for joinder of multiple defendants (In re EMC)

Today, Mon., Apr. 9, 2012, in In re MSTG, Misc. No. 996, the Federal Circuit (Rader, Dyk and Moore) on mandamus affirmed a district court’s ruling that the patent owner must produce negotiation documents underlying settlement agreements, ruling that there was no settlement privilege to preclude such production.  This case will impact the usual discovery disputes about production of settlement documents, but leaves enough unanswered questions for further development and parties may alter litigation strategies accordingly.
Continue Reading Patent Alert: Federal Circuit rules no settlement privilege to preclude producing docs underlying settlement agreements (In re MSTG)