Legal Question in Intellectual Property in California

The plaintiff is suing three different companies for �patent infringement�, normally if the plaintiff sees that the three companies infringed the same then the plaintiff can file all three cases as related. In this case the plaintiff did not file related because all three companies infringed differently, which describes �unrelated� Nobody is making the decision as to whether a case is �related� or �unrelated� It is just a standard procedure and question on filing forms when a plaintiff files more than one case in the same area which, in this case is the area is patent infringement.

My original question: is there a civil code or, law that would allow the �defendant� or defending attorney to overturn the plaintiffs case(s) alleged filed as unrelated cases to related cases? I am not sure what the advantage of the defending attorney�s reasoning would be to perform this.


Asked on 5/24/11, 11:54 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I assume that as a matter where Federal law governs, the cases are filed in a United States District Court. It also sounds as though they were filed as three separate actions. Finally, I'd guess that the defendants know about the other suits and maybe have asked the court to consolidate the matters.

A Federal Court is empowered to consolidate cases pending before them under Federal Rule of Civil Procedure 42(a), which reads as follows:

"When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all of the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concering proceedings therein as may tend to avoid unnecessary costs or delay."

That gives the court substantial powers over the three cases.

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Answered on 5/24/11, 12:59 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I should add that consolidation of cases does not merge the separate lawsuits into a single action, nor does it make the defendants in Case #1 defendants in Case #2; nor does it affect any substantive right of a party. It is only a procedural short-cut.

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Answered on 5/24/11, 1:02 pm


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