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35 U.S.C. § 299, part of the America Invents Act (AIA), enacts important changes to the rules governing joinder of defendants in patent litigation cases commenced on or after Sept. 16, 2011, the date of its enactment. Specifically, the new law provides that, other than in Hatch-Waxman cases, accused defendants can neither be joined in one action nor have their cases consolidated for trial based solely on the fact that they were all accused of infringing the same patent.

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