Ford on Invalidity vs. Noninfringement

I'm in NYC for the IP Scholars Conference (IPSC) at Cardozo Law, and one of the (many) article presentations I'm really looking forward to is Patent Invalidity Versus Noninfringement (forthcoming in the Cornell Law Review), by Roger Ford (Bigelow Fellow at Chicago, @rford). Ford argues that patent defendants are more likely to argue noninfringement than invalidity, and that this imbalance exacerbates the problem of bad patents. This article is well worth a look, both because it is a fun read (peppered with examples from actual patents) and, more importantly, because the basic insight seems right.

Guest Blogger--David Taylor on Patent Misjoinder

Many thanks to Sarah Tran for highlighting my most recent scholarship on the Written Description blog yesterday and permitting me the opportunity to post a short response.

The blog entry was particularly timely. Just this past Friday the Federal Circuit resolved the split of authority among district courts applying Federal Rule of Civil Procedure 20, which governs permissive joinder, in patent infringement cases. See In re EMC Corp., slip op. (Fed. Cir. May 4, 2012) (granting a petition for writ of mandamus). The Federal Circuit ultimately ordered the district court to reconsider the issues of severance and joinder of accused infringers using a standard articulated in the opinion.

David Taylor: Patent Misjoinder

How should district courts interpret the joinder provisions of the America Invents Act? In Patent Misjoinder (forthcoming New York University Law Review), Professor David Taylor provides a comprehensive analysis of 35 U.S.C. § 299 and offers a statutory interpretation that would maximize judicial efficiencies and avoid undue prejudice to accused infringers. To develop his interpretation, Professor Taylor considers the policy concerns of permissive joinder and how these concerns have led to divergent joinder standards.