Joinder Defeats the Bar under 35 U.S.C. § 315(b)

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In Enzymotec Ltd. v. Neptune Technologies & Bioressources Inc., IPR2014-00556, Paper 19, (July 9, 2014) the Board granted Enzymotec’s motion for joinder of IPR2014-00556 with IPR2014-00003. Absent joinder with the other proceeding, Enzymotec’s Petition for Inter partes review is barred under 35 U.S.C. § 315(b).

The Board did not believe that the possibility of broadening the scope of issues in IPR2014-00003 was an adequate reason for denying joinder, noting section 315(c) permits joinder of “any person who properly files a petition under section 311.” There is no language in either § 311 or § 315(c) requiring the Board to limit Enzymotec’s Petition to identical issues in IPR2014-00003.

 

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About Bryan Wheelock

Education J.D., Washington University in St. Louis B.S.E. in Mechanical Engineering, Duke University Bryan Wheelock's practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies. In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.