The America Invents Act’s non-joinder provision may be behind the court’s about-face.
On May 4, in what appears to be an about-face from a March 2011 order in another case, the Federal Circuit granted a petition for writ of mandamus and vacated an Eastern District of Texas order denying motions to sever and transfer. In re EMC Corp., 2012 U.S. App. LEXIS 9159 (Fed. Cir. May 4, 2012). In the district court, 18 companies had been accused, in one complaint, of infringing three patents related to online backup and storage services.
