Talking about #ScheduleA to a non-legal audience always feels like an exercise in figuring out how to say "that's not how that's supposed to work" in different ways to fit all the different contexts.
#schedulea
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This is a great example of how difficult it is to keep tabs on what is going on in #ScheduleA litigation.
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And just yesterday, Judge Alonso granted the motions to dismiss. The judge concluded that Grumpy Cat did not establish personal jurisdiction over the complaining #ScheduleA defendants, rejecting the theory of (what I call) "jurisdiction by shopping cart": storage.courtlistener.com/recap/gov.us...
Shall we check in to see what's been going on in this Grumpy Cat #ScheduleA case?
Sydney woman who sold a cartoo...
The Guardian · Sydney woman who sold a cartoon cat T-shirt told to pay US$100,000 in Grumpy Cat copyright case
#ScheduleA at the Federal Circuit: Hangzhou Chic, redux, has been calendared for oral argument on August 5. #DesignPatents
Judge Coville denies a TRO/PI in a #ScheduleA case, due mainly to concerns about personal jurisdiction and joinder. See Qian v. Schedule A, No. 2:25-CV-00184, 2025 WL 1868052, at *5 (W.D. Pa. July 7, 2025). www.scribd.com/document/886...
ScribdQIAN v. AiYaYa - Entry 49 | PDF | Injunction | Personal Jurisdiction
A defendant in a #ScheduleA case argues: "Plaintiff's core allegations of trademark counterfeiting and infringement are fatally flawed as they hinge on a mark registered solely on the Supplemental Register." #trademarks
Observation: I haven't looked at this empirically, but there seem to be a lot more #ScheduleA decisions from SDFL than from NDIL on Westlaw.
Of course you know this makes me think of #ScheduleA litigation, where plaintiffs' firms appear to copy each other all the time....
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For those who don't know: It is standard for #ScheduleA plaintiffs' counsel to argue that it's proper to bring their mass IP enforcement cases in Chicago in order to protect Illinois consumers. But now that a few judges are pushing back on these lawyers' business model, they're filing elsewhere.
Ivan Moreno has a great story about Judge Kness's #ScheduleA full-stop order over at @law360.bsky.social:
Judge's Halt On Counterfeit Su...
Bluesky SocialLaw360 (@law360.bsky.social)Law360 delivers real-time legal news and analysis on the practice of law, covering 60+ industries and practice areas at both the local and national levels.
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Judge Tharp just sanctioned some #ScheduleA lawyers for doing what Judge Kness says that they "of course" may do:
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Still thinking about the last (substantive) sentence here. I don't think this is an "of course" situation.
But maybe Judge Kness is trying to preempt an argument that his #ScheduleA freeze is prejudicing these plaintiffs?
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Bluesky Social · Casey Hewitt (@hewittlaw.bsky.social)🚨 Judge Kness stays ALL pending Schedule A cases before him to reevaluate whether the extraordinary relief granted to Plaintiffs is a proper use of judicial discretion. Looks like the Schedule A scam may be ending? 👀 R. Corp v. Schedule A, No. 1 25 cv 6337 (NDIL June 9, 2025)
I suspect we're seeing more design patent cases overall because the NDIL (and other courts) continue to allow #ScheduleA litigation, not--as this first graf seems to suggest--that we're seeing more DP cases in NDIL because there's been a general increase in DP cases: www.law360.com/articles/234...
Or, alternatively, it's not a "docket control issue," it's that judges are waking up to all the problems with #ScheduleA litigation. www.law360.com/articles/234...
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Just did a quick Bloomberg Dockets search and this is the first #ScheduleA case I'm seeing in D. Kansas. (I searched for both that phrase as well as for other cases filed by this firm.)
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Seriously, though, the #ScheduleA boilerplate allegations are written in a way that lets plaintiffs pick literally any federal court. It's difficult to imagine that this dispute has any realistic connection to Kansas.
#ScheduleA pops up in Kansas:
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The part at the end about refiling is also interesting, in light of all the #ScheduleA judge-shopping we've been seeing--especially in light of this case:
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New estimates on the volume and nature of #ScheduleA litigation:
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Bluesky Social · Eric Goldman (@ericgoldman.bsky.social)My new estimates re. Schedule A Defendants (SAD Scheme) cases:
* 7,700 total cases, 40% of those filed since 1/1/24 📈
* 1.5M SAD Scheme defendants
* $600M court filing fees not paid due to SAD Scheme
* 70% of cases are ™️ cases, 20% ©️, 10% patent
* 88% in N.D. Ill.
#StopTheSADScheme