Lin

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FORCE MOS TECHNOLOGY CO., LTD., Case No. 22-cv-08938-SVK

8 Plaintiff,

ORDER DECLINING TO JOIN NON-

9 v. PARTIES UNDER FEDERAL RULE

OF CIVIL PROCEDURE 19

10 BO-IN LIN, Re: Dkt. No. 75 11 Defendant.

12 This action stems from Defendant-attorney Bo-In Lin’s alleged failure to maintain Plaintiff 13 Force MOS Technology Co., Ltd.’s patents. Because of this failure, the patents expired, rendering 14 them unenforceable. Plaintiff did not discover the patents’ expiration until after certain third 15 parties allegedly infringed the patents (the “Third Parties”). It subsequently commenced this 16 action against Defendant, asserting claims for, inter alia, legal malpractice. 17 In answering Plaintiff’s third amended complaint (the “TAC” at Dkt. 55), Defendant raised 18 as an affirmative defense “Plaintiff’s failure to join [the Third Parties as] indispensable and 19 necessary parties.” See Dkt. 62 at 31. The Parties subsequently appeared for a case-management 20 conference…