The opinion of the court was delivered by: HonorableGARY Allen Feess
Present: The HonorableGARY ALLEN FEESS
Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No.
Attorneys Present for Plaintiff: Attorneys Present for Defendant:
Proceedings: (In Chambers)
ORDER TO SHOW CAUSE RE: JOINDER
Plaintiff Thermolife International, LLC ("Thermolife"), brings suit for patent infringement against Defendants Better Body Sports, LLC; Bio-Engineered Supplements and Nutrition, Inc.; Allmax Nutrition Inc.; Bronson Laboratories, Inc.; Engineered Sports Technology, LLC; Hi-Tech Pharmaceuticals, Inc.; Infinite Labs, LLC; Lecheek, LLC; Maximum Human Performance, LLC; Muscle Warfare, Inc.; Nutrex Research, Inc.; Pharmafreak Holdings Inc.; Purus Labs, Inc.; Reaction Nutrition, LLC; Redefine Nutrition LLC; SNI, LLC; Tiger Fitness Inc.; Lone Star Distribution; and All Star Health. (Docket No. 1 [Complaint ("Compl.")].)
Thermolife "is the owner and assignee of United States Patent No. 8,202,908 ("the '908 patent") titled "D-Aspartic Acid Supplement." (Id. ¶ 2.) Thermolife alleges that Defendants manufacture, sell, and distribute products that infringe the '908 patent. (Id. ¶¶ 26--38.) However, the Court is not convinced that joinder of all the defendants in this action is proper.
Congress recently addressed the issue of joinder in patent cases in section 19 of the Leahy-Smith America Invents Act, 35 U.S.C. § 299. See Leahy-Smith America Invents Act, Pub. L. No. 112--29, sec. 19(d), § 299, 125 (Stat. 284, 332--33 (2011)). Section 299 provides, in relevant part,
[P]arties that are accused infringers may be joined in one action as defendants . . . 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, ...