; (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 inter partes review, which overcomes the rebuttable presumption against joinder set forth in subsection (b), and which the Director shall grant if the Director authorizes an inter partes review to be instituted on the subsequent petition under section 314. (2) Joined party Any person joined as a party to an inter partes 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 inter partes review. ; and (G) by adding at the end the following: (g) Federal court and International Trade Commission validity determinations An inter partes 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 with respect to any ground described in section 311(b). . (2) Technical and conforming amendments Section 316(a) of title 35, United States Code, is amended— (A) in paragraph (11), by striking section 315(c) and inserting section 315(d)