#schedulea — Public Fediverse posts

You are cordially invited to the Fall 2025 Chicago-Kent Law Review Symposium, "Unsealing Schedule A."

The conference will be held via Zoom on Friday, Sept. 26.

Registration is free and open to the public: https://studentorgs.kentlaw.iit.edu/cklawreview/symposium/unsealing-schedule-a/

We hope you can join us!

#ScheduleA #LegalScholarship #LawProfs

And the underlying decision (by Judge Seeger): https://storage.courtlistener.com/recap/gov.uscourts.ilnd.422932/gov.uscourts.ilnd.422932.51.0.pdf

"The Court declines the request to award profits because Plaintiff offered evidence of revenue, not profits. Revenue and profits are not the same thing. The Court declines the invitation to assume that all of the revenue equals profits."

#ScheduleA #Remedies #DisgorgementOfProfits

Note that the disgorgement provision of the Lanham Act expressly addresses burden shifting (unlike the Copyright Act and § 289 of the Patent Act): "In assessing profits the plaintiff shall be required to prove defendant’s sales only; defendant must prove all elements of cost or deduction claimed."

https://www.law.cornell.edu/uscode/text/15/1117

So this provision provides the best support for the #ScheduleA "we can't prove their profits so give us the whole account" argument.

#Remedies #DisgorgementOfProfits

The substance of the design patent infringement claims are not yet publicly-available but, judging from the prayer for relief....I'm not optimistic as to their quality:

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.454648/gov.uscourts.ilnd.454648.1.0.pdf

(For anyone who doesn't know, this allegation makes two deep, fundamental errors of law. You can't get both profits AND damages and profits cannot be trebled.)

#DesignPatents #ScheduleA #ImproperTreblingDemands #Remedies

E-Link v. #ScheduleA - In a patent case (what kind of patent case? we can't tell because of all the sealing), Judge Cummings denies permissive joinder. Then, when the case is dumped on a new judge, that new judge (Harjani) adopts the Judge Hunt "Ali Baba" rule (40 is okay, for some reason). Neither judge mentions 35 U.S.C. § 299.

https://www.courtlistener.com/docket/68092739/e-link-plastic-metal-industrial-co-ltd/

#PatentFedi #CivProMatters #PermissiveJoinder

Want to know more about the #ScheduleA phenomenon? Then check out this AIPLA webinar in May (featuring @ericgoldman & yours truly):

https://www.aipla.org/detail/event/2024/05/29/default-calendar/aipla-cle-webinar-the-fine-line-between-battling-online-infringers-engaging-in-ip-trolling

This event is free for AIPLA members who are not seeking CLE. (AIPLA membership is free for #LawProfs and cheap for #LawStudents.)

This discussion of the burden of proof and design patent damages is good so I'll forgive the "patent design" part. Kyjen v. ScheduleA, 2024 WL 1421126, at *7. #ScheduleA #Remedies

Blue Spring v. #ScheduleA - This complaint (filed by Boies Schiller) is going in my all-time worst design patent infringement claims file:

https://www.scribd.com/document/708509893/Blue-Spring-v-Schedule-A-Complaint

Not only are the two design patent infringement claims that are actually alleged in the complaint absolutely baseless, the plaintiff (or perhaps more correctly, their attorneys) don't seem to understand the difference between a design patent and a utility patent.

#DesignPatents #PatentFedi #ConceptFallacy

Following Judge Durkin's grant of summary judgment against their design patent infringement claims (https://mastodon.social/@design_law/111771619167432208), the "hoverboard" #ScheduleA plaintiffs have appealed (again).

For a discussion of their first appeal, see: https://patentlyo.com/patent/2022/10/guest-post-about.html

#HangzhouChic #PatentFedi #DesignPatents #LawFedi

Judge in the WDPA denies motion for service by email on a Chinese defendant, where the plaintiff knows the defendant's address and has not adequately shown an urgency:

https://www.scribd.com/document/705209698/D-Squared-v-Guangdong-Bixing-Trading-Alt-service-WDPA

This isn't a #ScheduleA case but the discussion of China & the Hague Service Convention are relevant to those cases.

#CivProMatters #PatentFedi #ServiceByEmail #HagueServiceConvention

Periodic reminder that if you have any condition(s) that qualify you for "Schedule A Hiring" you don't have to go through the long federal jobs hiring process... you can work directly with the agency to hire you when you submit a resume with a letter from your doctor saying you qualify for Schedule A. https://www.opm.gov/forms/pdf_fill/sf256.pdf

and you can find lots and lots and lots of federal jobs that hire through Schedule A at https://usajobs.gov/

#jobs #hiring #scheduleA #usajobs

A group of defendants fights back in a Miami #ScheduleA case: https://www.scribd.com/document/695072739/Wearable-Shoe-Tree-v-Schedule-A-Certain-defendants-opp-n-to-motion-for-PI

The defendants are right. This product does not infringe this patent.

#ScheduleAFightsBack #ConceptFallacy

Concept fallacy, hanging hooks edition: https://www.scribd.com/document/695064350/Jacki-Easlick-v-CJ-Emerald-Complaint

#ConceptFallacy #ScheduleA #DesignPatents

I talk quite a bit about #CounterfeitRhetoric on here.

If you're interested in learning more, I just posted a draft of my working paper on the topic, "The Counterfeit Sham": https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

This paper includes a discussion of the #ScheduleA litigation model, the border-seizure bill that some want to resurrect in Congress & "terrorism" talk.

#DesignPatents #Counterfeiting #LegalScholarship #LawFedi #PatentFedi

More #ScheduleA news: Judge Daniel DENIES the motion for a preliminary injunction in the #TOB case: https://storage.courtlistener.com/recap/gov.uscourts.ilnd.434017/gov.uscourts.ilnd.434017.35.0_2.pdf

Ningbo has responded to BirdRock's motion for fees (as you might imagine, Ningbo is opposed): https://storage.courtlistener.com/recap/gov.uscourts.flsd.626222/gov.uscourts.flsd.626222.61.0.pdf

https://www.courtlistener.com/docket/66694123/xyz-corporation-v-the-individuals-partnerships-and-unincorporated/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

For prior discussions of this case and BirdRock's motion, see: #BirdRock

#DesignPatents #ConceptFallacy #ScheduleA #Litigation #LawFedi

One of the defendants, Waxman Sales (d/b/a BirdRock Home) is fighting back in a mass #ScheduleA case over snow brushes.

And they hired K&L Gates.

Motion for fees: https://storage.courtlistener.com/recap/gov.uscourts.flsd.626222/gov.uscourts.flsd.626222.56.0.pdf

Motion to increase bond: https://storage.courtlistener.com/recap/gov.uscourts.flsd.626222/gov.uscourts.flsd.626222.55.0.pdf

https://design-law.tumblr.com/post/714574314505158656/does-this-snow-brush-infringe-this-extremely

#BirdRock #DesignPatents #ConceptFallacy #Litigation #LawFedi #ScheduleAFightsBack

New #ScheduleA scholarship: "A SAD New Category of Abusive Intellectual Property Litigation" by @ericgoldman: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4381824

#LawProfs #LawFedi #Scholarship #IPScholarship #CivPro #CivProMatters