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Message: Apple, Google Targeted in Surge Before Patent Law Changes

<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.

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