Multidistrict Litigation (“MDL”) Transfers – Recent Decisions ….
As we previously reported, the Smith-Leahy America Invents Act (“AIA”) prohibits plaintiff patent owners from joining multiple, unrelated defendants in a single action. An unintended, yet significant, consequence of this is that patent holders must bring serial litigations when more than one unrelated infringer is implicated. And, with the added possibility of declaratory judgment actions commenced in different venues, there is a real potential to have multiple cases — involving the same patent(s) — scattered across different judicial districts. Beyond the obvious resource concerns, this scenario may increase the risk of conflicting rulings.