Next Wednesday, April 2, at 5 pm: The Chicago-Kent IP Law Society will hold a panel on #ScheduleA litigation.
The event will be free & open to all.
I’m honored that these students have asked me to be a panelist & proud of them for taking on this important and timely subject. I hope you can join us!
Register (for free) here: bit.ly/CKScheduleA
Save the date: The Chicago-Kent IP Law Society is planning to host a panel on #ScheduleA litigation at 5 pm on Wednesday, April 2. Everyone is welcome to attend.
I'm honored that these students have asked me to be a panelist & proud that they're taking on this important issue.
Happy weekend, friends! In good news, our amicus brief got accepted by the Federal Circuit: storage.courtlistener.com/recap/gov.us... #DesignPatents #ScheduleA
This week in #ScheduleA:
- We submitted an amicus brief: law.stanford.edu/2025/02/13/j...
- Judge Tharp catches Hughes Sokol judge-shopping (again): bsky.app/profile/desi...
- When given an opportunity to respond to critiques, plaintiffs' counsel basically just says,"bUt CoUnTeRfEiTiNg!!":
Illinois Vs. The Internet: IP ...
This week in #ScheduleA:
- Judge Valderrama joins the anti-Bose team:
bsky.app/profile/desi...
- Judge Perry GETS IT: blog.ericgoldman.org/archives/202...
- Legal damages, you say? bsky.app/profile/desi...
- "Chinese" writing that isn't: bsky.app/profile/desi...
- #BlueSphere turns 2:
RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3lfuhz6fd3s2e
After getting pushback on joinder from Judge Daniel (then dropping all but one defendant), then getting pushback on joinder from Judge Perry (then doing the same) then getting called out by Judge Tharp for judge-shopping (then dismissing the whole case), Solawave has filed another #ScheduleA case:
Interesting new #ScheduleA personal jurisdiction decision. No completed sales into IL. One purchase order from the plaintiffs' agent. Defendant says it cancelled the sale & stopped selling the accused product. Judge Hunt says the cancelled sale is enough: www.scribd.com/document/809...
So, it looks like Solawave has filed two more #ScheduleA cases over the same design patent.
RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3lbrp72axls2t
Fantastic decision by Judge Daniel (NDIL) rejecting the "swarm" theory of #ScheduleA joinder:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.465560/gov.uscourts.ilnd.465560.27.0.pdf
Not sure if you saw this one, @design_law, but here's a #ScheduleA case with both an anonymous plaintiff and the patent-in-suit filed under seal. This is nuts.
https://www.courtlistener.com/docket/69319019/patent-holder-identified-in-exhibit-1/
FYI --The Smiley Company SPRL v. The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A -- Order on Motion to Seal — Document #12 https://www.courtlistener.com/docket/67856788/12/the-smiley-company-sprl-v-the-individuals-partnerships-and/ #stopthesadscheme #ScheduleA #SADScheme @SADLady @design_law @ericgoldman
![CIVIL DOCKET FOR CASE #: 0:23-cv-61899-RS
The Smiley Company SPRL v. Schedule A
Assigned to: Judge Rodney Smith
Date Filed # Docket Text
10/04/2023 1 COMPLAINT against The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A. Filing fees $ 402.00 receipt number AFLSDC-16970403, filed by The Smiley Company SPRL. (Attachments: # 1 Civil Cover Sheet)(Guerra, Richard) (Entered: 10/04/2023)
10/04/2023 2 Clerks Notice of Judge Assignment to Judge Rodney Smith.
Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nwn) (Entered: 10/05/2023)
10/05/2023 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Complaint) (nwn) (Entered: 10/05/2023)
10/11/2023 4 MOTION to Seal Schedule A to the Complaint per Local Rule 5.4 by The Smiley Company SPRL. (Attachments: #
08/29/2024 SYSTEM ENTRY - Docket Entry 11 [order] restricted/sealed until further notice. (cds) (Entered: 08/29/2024)
08/29/2024 12 ORDER Granting 4 Motion to Seal. Signed by Judge Rodney Smith on 8/29/2024. See attached document for full details. (cds) (Entered: 08/29/2024)
08/29/2024 SYSTEM ENTRY - Docket Entry 13 [order] restricted/sealed until further notice. (cds) (Entered: 08/29/2024](https://files.mastodon.social/media_attachments/files/113/075/363/432/300/938/original/3209a29920c04ee1.jpg "CIVIL DOCKET FOR CASE #: 0:23-cv-61899-RS
The Smiley Company SPRL v. Schedule A
Assigned to: Judge Rodney Smith
Date Filed # Docket Text
10/04/2023 1 COMPLAINT against The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A. Filing fees $ 402.00 receipt number AFLSDC-16970403, filed by The Smiley Company SPRL. (Attachments: # 1 Civil Cover Sheet)(Guerra, Richard) (Entered: 10/04/2023)
10/04/2023 2 Clerks Notice of Judge Assignment to Judge Rodney Smith.
Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nwn) (Entered: 10/05/2023)
10/05/2023 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Complaint) (nwn) (Entered: 10/05/2023)
10/11/2023 4 MOTION to Seal Schedule A to the Complaint per Local Rule 5.4 by The Smiley Company SPRL. (Attachments: #
08/29/2024 SYSTEM ENTRY - Docket Entry 11 [order] restricted/sealed until further notice. (cds) (Entered: 08/29/2024)
08/29/2024 12 ORDER Granting 4 Motion to Seal. Signed by Judge Rodney Smith on 8/29/2024. See attached document for full details. (cds) (Entered: 08/29/2024)
08/29/2024 SYSTEM ENTRY - Docket Entry 13 [order] restricted/sealed until further notice. (cds) (Entered: 08/29/2024")
@design_law Some serious design-concept fallacy going on in a new #ScheduleA case, JTLE Investments, 24-cv-6268 (N.D. Ill.).
After this order, the "Plaintiff filed an amended complaint [19] and an amended Schedule A [19−3], which," according to the judge, "remed[ied] the misjoinder. https://storage.courtlistener.com/recap/gov.uscourts.ilnd.455728/gov.uscourts.ilnd.455728.21.0.pdf
I'm not sure exactly how it was remedied, though. The new complaint doesn't appear to include anything more than conclusory handwaving on the subject of joinder: https://storage.courtlistener.com/recap/gov.uscourts.ilnd.455728/gov.uscourts.ilnd.455728.19.0.pdf
Maybe it's just that they trimmed down the number of defendants? (The #ScheduleA is still under seal.)
A good decision on #ScheduleA joinder from the NDIL (Judge Hunt):
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.455728/gov.uscourts.ilnd.455728.18.0.pdf
"[T]he continuing harm to plaintiffs who seek immediate relief from courts to protect their intellectual property rights and prevent further economic loss is a strong consideration [with respect to joinder]. But equally important are the due process rights of each defendant against whom ex parte relief, including the extraordinary remedy of an asset freeze without notice, is sought."
Pro se answer in one of the Tesla #ScheduleA cases says the defendant only sold $35 worth of the accused product, never to Florida, and not since 2022:
https://storage.courtlistener.com/recap/gov.uscourts.flsd.665177/gov.uscourts.flsd.665177.70.0.pdf
Just stumbled across this...
The Defendant's counsel pointing out the current case "is a refiled case" and they "dismissed the [original] case and refiled it as the current case as soon as that [original] case was assigned to Judge Seeger".
Brilliant stuff - and this one keeps pointing out the errors.
And just like that, the day before the hearing, it's cancelled and the judge issues the preliminary injunction, that no defendant is likely to have had chance to object to. Receiving the summons and documents on a Friday of a long holiday weekend so noone able to get any legal advice most likely, until yesterday if lucky enough.
How is this fair on anyone?
It's half term here in the UK so I've being doing well, not really doing much social media type stuff.
I've just got wind of a Minecraft schedule A hearing tomorrow, and as I haven't listened in to an NDIL hearing this year, I may just have to have a listen, see how things are going in Illinois courts see if any defendants show up. Doubt it but maybe worth a listen to a judge I've not heard before in these cases.
Interesting decision in one of the Cozy Comfort #ScheduleA cases:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.448842/gov.uscourts.ilnd.448842.173.0.pdf
On first skim, there are some missteps (e.g., the judge seems to be falling victim to concept fallacy at Goddess step 1) but, overall, it's nice to see a judge actually look closely at some of these claims.
There's also an interesting discussion on patent joinder, though the judge suggests any §299 might be cured by the trademark allegations.
