Excellent redaction in this #ScheduleA case. I have no idea what patent could be at issue! Wang v. Annex A, No. 23-cv-7716 (N.D. Ill.)

An unusual #ScheduleA case. Perhaps a docketing error. #LawFedi

@ericgoldman @design_law Plus @design_law has this blog post on #ScheduleA #DesignPatent cases: "We need to talk about the NDIL’s Schedule-A cases” at https://patentlyo.com/patent/2022/10/guest-post-about.html

Wondering wtf is up with #ScheduleA and #DesignPatents?

@ericgoldman has you covered in “A SAD [Schedule A Defendants Scheme] New Category of Abusive Intellectual Property Litigation” at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4381824

(thanks to @design_law for the pointer)

#USlaw #law #patents

"[T]he Court is not inclined to allow a lawsuit...to proceed on the possibility that the defendants may eventually waive the application of the [joinder] statute. A 'shoot first and ask questions later' approach does not seem to the Court to be appropriate here, particularly...with under-seal filing, ex parte temporary restraining orders, asset freezes, and the like."

Oakley, Inc. v. Schedule "A", 2021 WL 308882, at *2 (N.D. Ill. Jan. 30, 2021) (Kennelly, J.). #ScheduleA #Patents

"[P]laintiff asks the Court to make the inferential leap—worthy of Bob Beamon in the 1968 Olympics—that if it becomes known that the plaintiff has filed a lawsuit against someone, the defendants will all hide their assets. The Court is unwilling to draw this inference without some supporting evidence and argument."

Pat. Holder Identified in Exhibit 1 v. Does 1-254, No. 21 C 514, 2021 WL 410661, at *2 (N.D. Ill. Feb. 6, 2021) (Kennelly, J.).

#ScheduleA #Patents

I'm glad these #ScheduleA cases are getting more attention in the legal press.

But I wish reporters would be less credulous when they quote the attorneys who file them.

#LawFedi #LegalJournalism

"Patent litigation dipped 5.6% across the country and the drop off was steeper in the country’s busiest patent districts, even as case numbers jumped in some previously less-used venues.

Chicago’s Northern District of Illinois and the Boston-centered District of Massachusetts showed increases of 35.3% and 81.8%, respectively, according to Bloomberg Law data."

https://news.bloomberglaw.com/ip-law/chicago-boston-get-more-patent-suits-despite-overall-decline

#Litigation #ScheduleA

Earlier this week, I heard a design patent prosecutor make a flip remark about the #ScheduleA case that went to the Federal Circuit (https://patentlyo.com/patent/2022/10/guest-post-about.html), along the lines of it being surprising that anyone actually showed up to defend in that kind of case case.

But it's hard to show up when you're not served properly, or if you get dismissed from the case as soon as you show any indication you *will* fight back.

Casio asks the NDIL to enjoin (a secret list of) defendants from infringing an expired design patent (h/t @hewittlaw):
https://www.scribd.com/document/625931894/Casio-v-Schedule-A-Complaint

That's, um...not a thing.

#DesignPatents #Litigation #ScheduleA #Remedies

I can't wait for oral argument in this one: https://www.courtlistener.com/docket/66672045/gorge-design-group-llc-v-meaning-xuansheng/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

In the meantime, here are the briefs: https://www.scribd.com/document/615575243/Gorge-Design-v-Xuansheng-Fed-Cir-briefs

#ScheduleA #GorgeDesign #FederalCircuit #UtilityPatents #Trademarks #Copyrights

Here's a pretty interesting order in a #ScheduleA case, this time from #SDFL: https://www.scribd.com/document/624788784/Maxi-s-v-Schedule-A-Order-on-TRO#

#DesignPatents #Copyrights #Trademarks

Behold, the heartbreaking work of staggering design genius at the center of the latest #ScheduleA design patent case: https://patents.google.com/patent/USD669945S1/en?oq=country:US+type:DESIGN+D669%2c945

There are (shocker!) no pictures of any accused devices, at least not in the public filings.

So it's anyone's guess whether these infringement claims have any merit.

https://www.scribd.com/document/623378295/JFXD-TRX-ACQ-v-Schedule-A-Complaint

#DesignPatents #Litigation

"Plaintiff suspects that the 'profit realized by certain Defendants may be minimal,' and that the 'sales volume by certain Defendants may be relatively low.' If that's the case, one wonder how important it is to seek emergency injunctive relief at all. It sure doesn't seem like an emergency."

#ScheduleA #Remedies #JudgeSeeger

CC: @emptydoors

""These [Schedule A] cases are coming with a level and frequency that is making some of us wonder: Why? Why us? Why this district?' the judge said during a subsequent hearing. 'Have we been too easy and not skeptical enough on this practice? Are we getting taken advantage of by the plaintiffs' bar in bringing these cases?'"

https://www.law360.com/articles/1568802/northern-ill-a-surprise-magnet-for-counterfeiting-suits

Hearing transcript: https://www.law360.com/articles/1568802/attachments/1

(h/t @hewittlaw)

#NDIL #ScheduleA

And of course, these aren't all counterfeiting cases. Some are design patent cases.

#DesignPatents #ScheduleA

This one, on the other hand... https://design-law.tumblr.com/post/707421753308217344/does-this-shower-caddy-infringe-this-design

#DesignPatents #ScheduleA

Hey check it out - A design patent infringement claim in a Schedule A case that looks like it actually has merit: https://design-law.tumblr.com/post/707421184127647744/does-this-dog-food-bowl-infringe-this-design

Note: This is in SDNY, not NDIL; not filed by the usual suspects.

#DesignPatents #ScheduleA

@hewittlaw I'm glad to see (at least some) NDIL judges getting wise to what's going on in (at least some of) these cases. #ScheduleA

As with their previous statement to Judge Seeger (https://storage.courtlistener.com/recap/gov.uscourts.ilnd.422387/gov.uscourts.ilnd.422387.20.0.pdf), the tone here is pretty striking.

#ScheduleA #Trademarks #LawFedi #BlueSphere