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35 U.S.C. § 299 — Joinder of parties
Federal law — U.S. Code and appendices · legal_authorities
**(a) Joinder of Accused Infringers.—** With respect to any civil action arising under any Act of Congress relating to patents, other than an action or trial in which an act of infringement under section 271(e)(2) has been pled, parties that are accused infringers may be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, only if—
(1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and
(2) questions of fact common to all defendants or counterclaim defendants will arise in the action.
**(b) Allegations Insufficient for Joinder.—** For purposes of this subsection, accused infringers may not be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, based solely on allegations that they each have infringed the patent or patents in suit.
**(c) Waiver.—** A party that is an accused infringer may waive the limitations set forth in this section with respect to that party.
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Stable record: federal_law:legal_authorities:record_usc_9c0b5992481153d3b413ad4d
Source file: Laws/federal/codes/united-states-code/title-35/section-299-joinder-of-parties--3f9c575807.md
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Source location: Title 35, Chapter 29, § 299; chapter-029-remedies-for-infringement-of-patent-and-other-actions.md
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**(a) Joinder of Accused Infringers.—** With respect to any civil action arising under any Act of Congress relating to patents, other than an action or trial in which an act of infringement under section 271(e)(2) has been pled, parties that are accused infringers may be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, only if—
(1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and
(2) questions of fact common to all defendants or counterclaim defendants will arise in the action.
**(b) Allegations Insufficient for Joinder.—** For purposes of this subsection, accused infringers may not be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, based solely on allegations that they each have infringed the patent or patents in suit.
**(c) Waiver.—** A party that is an accused infringer may waive the limitations set forth in this section with respect to that party.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Public Advisory Committees.—**
(1) **Appointment.—** — The United States Patent and Trademark Office shall have a Patent Public Advisory Committee and a Trademark Public Advisory Committee, each of which shall have nine voting members who shall be appointed by the Secretary of Commerce and serve at the pleasure of the Secretary of Commerce. In each year, 3 members shall be appointed to each Advisory Committee for 3-year terms that shall begin on December 1 of that year. Any vacancy on an Advisory Committee shall be filled within 90 days after it occurs. A new member who is appointed to fill a vacancy shall be appointed to serve for the remainder of the predecessor’s term.
(2) **Chair.—** — The Secretary of Commerce, in consultation with the Director, shall designate a Chair and Vice Chair of each Advisory Committee from among the members appointed under paragraph (1). If the Chair resigns before the completion of his or her term, or is otherwise unable to exercise the functions of the Chair, the Vice Chair shall exercise the functions of the Chair.
**(b) Basis for Appointments.—** Members of each Advisory Committee—
(1) shall be citizens of the United States who shall be chosen so as to represent the interests of diverse users of the United States Patent and Trademark Office with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee;
(2) shall include members who represent small and large entity applicants located in the United States in proportion to the number of applications filed by such applicants, but in no case shall members who represent small entity patent applicants, including small business concerns, independent inventors, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 5
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction—
(1) of an appeal from a final decision of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court of the Northern Mariana Islands, in any civil action arising under, or in any civil action in which a party has asserted a compulsory counterclaim arising under, any Act of Congress relating to patents or plant variety protection;
(2) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on [section 1346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346&num=0&edition=prelim), except that jurisdiction of an appeal in a case brought in a district court under section 1346(a)(1), 1346(b), 1346(e), or 1346(f) of this title or under section 1346(a)(2) when the claim is founded upon an Act of Congress or a regulation of an executive department providing for internal revenue shall be governed by sections 1291, 1292, and 1294 of this title;
(3) of an appeal from a final decision of the United States Court of Federal Claims;
(4) of an appeal from a decision of—
(A) the Patent Trial and Appeal Board of the United States Patent and Trademark Office with respect to a patent application, derivation proceeding, reexamination, post-grant review, or inter partes review under title 35, at the instance of a party who exercised that party’s right to participate in the applicable proceeding
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Federal law — U.S. Code and appendices · legal_authorities
Page 120
TITLE 35—PATENTS
§ 298
ployee, director, officer, partner, or independent
contractor of such invention promoter), or by
the failure of that invention promoter to dis-
close such information as required under sub-
section (a), may recover in a civil action against
the invention promoter (or the officers, direc-
tors, or partners of such invention promoter), in
addition to reasonable costs and attorneys’
fees—
(A) the amount of actual damages incurred
by the customer; or
(B) at the election of the customer at any
time before final judgment is rendered, statu-
tory damages in a sum of not more than $5,000,
as the court considers just.
(2) Notwithstanding paragraph (1), in a case
where the customer sustains the burden of proof,
and the court finds, that the invention promoter
intentionally misrepresented or omitted a mate-
rial fact to such customer, or willfully failed to
disclose such information as required under sub-
section (a), with the purpose of deceiving that
customer, the court may increase damages to
not more than three times the amount awarded,
taking into account past complaints made
against the invention promoter that resulted in
regulatory sanctions or other corrective actions
based on those records compiled by the Commis-
sioner of Patents under subsection (d).
(c) DEFINITIONS.—For purposes of this sec-
tion—
(1) a ‘‘contract for invention promotion serv-
ices’’ means a contract by which an invention
promoter
undertakes
invention
promotion
services for a customer;
(2) a ‘‘customer’’ is any individual who en-
ters into a contract with an invention pro-
moter for invention promotion services;
(3) the term ‘‘invention promoter’’ means
any person, firm, partnership, corporation, or
other entity who offers to perform or perfo
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