For our weekly SoCal IP Institute meeting on Monday, July 23, 2018, we will discuss the following Petition for Certiorari:
Advanced Video Technologies v. HTC Corporation (available here)
Federal Rule of Civil Procedure Rule 19 provides that where a necessary party to a lawsuit has not been joined, “the court must order that the person be made a party.” The CAFC has ruled that involuntary joinder under Rule 19 does not apply to patent cases due to a “substantive right” that a co-owner of a patent can impede the right of another co-owner from suing infringers in a patent infringement lawsuit.
The question presented in this petition is: “did the Federal Circuit properly create an exception to Rule 19 of the Federal Rules of Civil Procedure in patent law, requiring a dismissal of a case in which Rule 19 would otherwise mandate joinder of an absent patent owner as an involuntary plaintiff?”
All are invited to join us on Monday July 23, 2018, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.