Joinder Dispute Shelved by CAFC
The stay of the VirnetX IPR only lasted a little over a week. As a reminder, the VirnetX writ of mandamus was filed with the Federal Circuit on March 4th. The writ argued that the joinder exception of 315(b) is applicable only to timely filed petitions in which the request for joinder occurs outside of the 12-month window. That is, the joinder exception does not permit petitioners that have already missed their 12-month window to remedy the problem via joinder with another party’s proceeding.
Today, the Court issued its Order denying relief without prejudice to raise the issue in any subsequent appeal from the PTAB. (here)