<Can someone point to the wording of the new rules that limits the NPEs with respect to litigation?>
I believe this is it. Note the underlined portion.
Opty
‘‘§ 299. Joinder of parties
‘‘(a) JOINDER OF ACCUSED INFRINGERS.—With re8
spect 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—
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.