; (B) a subsequent petition requests an inter partes review of only the additional claims of the patent that the petitioner, or a real party in interest or a privy of the petitioner, is later charged with infringing; and (C) that subsequent petition is accompanied by a request for joinder to the prior post-grant review, which the Director shall grant if the Director authorizes a post-grant review to be instituted on the subsequent petition under section 324. (2) Joined party Any person joined as a party to a post-grant review, and any real party in interest or any privy of such person, shall be estopped under this subsection and subsections (c)(1) and (e)(2) to the same extent as if that person, real party in interest, or privy had been the first petitioner in that post-grant review. ; and (5) by adding at the end the following: (h) Federal court and International Trade Commission validity determinations A post-grant review of a patent claim may not be instituted or maintained if, in a civil action arising in whole or in part under section 1338 of title 28, or in a proceeding before the International Trade Commission under section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ), in which the petitioner, a real party in interest, or a privy of the petitioner is a party, the court, or the International Trade Commission, as applicable, has entered a final judgment that decides a challenge to the validity of the patent claim. . (d) Conduct of post-Grant review Section 326 of title 35, United States Code, is amended— (1) in subsection (a)— (A) by amending paragraph (5) to read as follows: (5) setting forth standards and procedures for discovery of relevant evidence, including that such discovery shall be limited to— (A) the deposition of witnesses submitting affidavits or declarations; (B) evidence identifying the real parties in interest of the petitioner; and (C) what is otherwise necessary in the interest of justice;