Third Party Motion for Joinder of IPR Denied

Authored by A. Antony Pfeffer

NetApp, Inc. was served with a complaint alleging infringement of U.S. Patent 5,978,791 on December 6, 2011, but did not file an IPR within one year. However, an IPR on this same patent had been filed by EMC Corporation and VMware Inc (IPR2013-0082), and trial was instituted on May 17, 2013. NetApp then filed an IPR (IPR2013-0319) on May 30, 2013 along with a motion for Joinder to the -0082 IPR. This IPR was similar to the earlier -0082 IPR but added an additional claim to the IPR (claim 35). According to the motion for joinder:

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