#scheduleafightsback — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #scheduleafightsback, aggregated by home.social.
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Some great arguments in favor of dissolving the preliminary injunction in a GBC "Schedule A" case. So of course, that defendant got dismissed:
https://bsky.app/profile/design-law.bsky.social/post/3l7qzh57zi32a -
Some great arguments in favor of dissolving the preliminary injunction in a GBC "Schedule A" case. So of course, that defendant got dismissed:
https://bsky.app/profile/design-law.bsky.social/post/3l7qzh57zi32a -
I listened in to another hearing today as I've found a way to dial in internationally for free. 🎉🎉🎉
The judge made me laugh so much. He suggests to a bunch of defendants that appeared, that they should just email the lawfirm as they are reasonable and probably dismiss them if they e sold nothing and have removed products from sale.
Hahahah the lawfirm are reasonable ...... Do the judges not get that they're only reasonable for 💲💲💲
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I listened in to another hearing today as I've found a way to dial in internationally for free. 🎉🎉🎉
The judge made me laugh so much. He suggests to a bunch of defendants that appeared, that they should just email the lawfirm as they are reasonable and probably dismiss them if they e sold nothing and have removed products from sale.
Hahahah the lawfirm are reasonable ...... Do the judges not get that they're only reasonable for 💲💲💲
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So Mr Musk has 5 #ScheduleA lawsuits on the go in Florida. He probably has no idea 🤷♀️
It's good to see 2 out of the 5 judges questioning joinder. Interesting how there's only 55 defendants on the 265 case whereas there's at least 400+ on at least 3 others. #ScheduleAFightsBack
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Underwhelmed about the latest minute entry here from Judge Durkin.
It could have had so much more ooomph to it ... A bit more Seeger oomph would be nice
Great the the preliminary injunction is dissolved for this defendants though!! #SADLawsuit #ScheduleAFightsBack #scheduleA
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Underwhelmed about the latest minute entry here from Judge Durkin.
It could have had so much more ooomph to it ... A bit more Seeger oomph would be nice
Great the the preliminary injunction is dissolved for this defendants though!! #SADLawsuit #ScheduleAFightsBack #scheduleA
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Judge Jenkins grants sanctions against attorney Patrick Jones and his former client, Expiditee (#Xped) for misconduct in a #ScheduleA case:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.409127/gov.uscourts.ilnd.409127.146.0.pdf
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Judge Jenkins grants sanctions against attorney Patrick Jones and his former client, Expiditee (#Xped) for misconduct in a #ScheduleA case:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.409127/gov.uscourts.ilnd.409127.146.0.pdf
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Aaaaand: Roblox settled with Bigfinz before the judge could rule on the motion for fees. #ScheduleA #ScheduleAFightsBack
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Aaaaand: Roblox settled with Bigfinz before the judge could rule on the motion for fees. #ScheduleA #ScheduleAFightsBack
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Another motion to file an amicus brief in a Shein #ScheduleA case: https://www.scribd.com/document/705669591/Roadget-v-Schedule-A-01174-Attorney-Amicus-Brief
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Another motion to file an amicus brief in a Shein #ScheduleA case: https://www.scribd.com/document/705669591/Roadget-v-Schedule-A-01174-Attorney-Amicus-Brief
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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.
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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.
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Great to see foreign defendants trying to fight back in Florida.
Must be especially awkward as they're filing answers by snail mail 🐌📬
16 answers so far!!
I personally find it madness that a summons can be served via email but if anyone wants to respond to the court, pro se, it has to be done via the post. Probably another tactic to file in a state which is likely to mean defendants can't defend.
#ScheduleA #ScheduleAFightsBack #SADLawsuit #Florida #floridalawsuit #civilcase #Trademark #ip
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A #ScheduleA defendant files a motion to dissolve the TRO in one of the TOB cases:
https://www.scribd.com/document/691523305/TOB-1-23-cv-01563-Motion-to-Dissolve
(h/t @hewittlaw)
The Missouri-based defendant notes that TOB "accuses 161 different Defendants—and 236 different product listings—of infringing U.S. Patent No. 11,744,256."
They also make a fairly detailed case for noninfringement by their own product.
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A #ScheduleA defendant files a motion to dissolve the TRO in one of the TOB cases:
https://www.scribd.com/document/691523305/TOB-1-23-cv-01563-Motion-to-Dissolve
(h/t @hewittlaw)
The Missouri-based defendant notes that TOB "accuses 161 different Defendants—and 236 different product listings—of infringing U.S. Patent No. 11,744,256."
They also make a fairly detailed case for noninfringement by their own product.
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Shein gets caught up in a #ScheduleA net; hires Quinn Emanuel to fight back:
https://www.scribd.com/document/688597591/Hexin-v-Schedule-A-Shein-Motion-to-Modify
Shein argues, inter alia, that Hexin's representations to the court about the location of the defendants and where they held their money "were inaccurate with respect to SDC and Plaintiff’s factual investigation pursuant to Fed. R. Civ. P. 11 should have confirmed as much."
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Shein gets caught up in a #ScheduleA net; hires Quinn Emanuel to fight back:
https://www.scribd.com/document/688597591/Hexin-v-Schedule-A-Shein-Motion-to-Modify
Shein argues, inter alia, that Hexin's representations to the court about the location of the defendants and where they held their money "were inaccurate with respect to SDC and Plaintiff’s factual investigation pursuant to Fed. R. Civ. P. 11 should have confirmed as much."
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This is interesting: At least five defendants are fighting (or have fought) back in this latest Sport Dimension #ScheduleA case:
Also, the pictures submitted with these motions to dissolve and dismiss make it clear that:
1) The infringement claims here are....not universally meritorious.
2) The defendants are NOT all "offering for sale, or selling of the same accused product," which means joinder is improper under 35 U.S.C. § 299.
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This is interesting: At least five defendants are fighting (or have fought) back in this latest Sport Dimension #ScheduleA case:
Also, the pictures submitted with these motions to dissolve and dismiss make it clear that:
1) The infringement claims here are....not universally meritorious.
2) The defendants are NOT all "offering for sale, or selling of the same accused product," which means joinder is improper under 35 U.S.C. § 299.
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As in so many instances where someone on a #ScheduleAFightsBack, it looks like these defendants were quickly dismissed (in this case, on the same day):
One wonders whether the judge even read the emergency motion.
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As in so many instances where someone on a #ScheduleAFightsBack, it looks like these defendants were quickly dismissed (in this case, on the same day):
One wonders whether the judge even read the emergency motion.
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There's a lot going on in this case; I hope to have more updates when I get a second to breathe. Anyway, definitely another one for the #ScheduleAFightsBack file.
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There's a lot going on in this case; I hope to have more updates when I get a second to breathe. Anyway, definitely another one for the #ScheduleAFightsBack file.
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Unsurprisingly, Ningbo doesn't want to do a hearing on #BirdRock 's motion for fees:
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Unsurprisingly, Ningbo doesn't want to do a hearing on #BirdRock 's motion for fees:
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Okay, some big #ScheduleA news via @hewittlaw:
eBay fights back (and wins) against an overly broad asset freeze:
https://www.scribd.com/document/657312687/Milkmen-v-Schedule-A-Order-Re-EBayThe plaintiff sought to freeze over $5M in the sellers' accounts but e Bay came back with evidence that only $1,290.89 pertained to the infringing products.
#ScheduleAFightsBack #DesignPatents
Why did eBay fight back? Here's how the court describes the harm (eBay's brief is still under seal):
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Okay, some big #ScheduleA news via @hewittlaw:
eBay fights back (and wins) against an overly broad asset freeze:
https://www.scribd.com/document/657312687/Milkmen-v-Schedule-A-Order-Re-EBayThe plaintiff sought to freeze over $5M in the sellers' accounts but e Bay came back with evidence that only $1,290.89 pertained to the infringing products.
#ScheduleAFightsBack #DesignPatents
Why did eBay fight back? Here's how the court describes the harm (eBay's brief is still under seal):
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One of the defendants has filed a motion to dismiss or to dissolve the preliminary injunction in #TiaraBliss
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.431843/gov.uscourts.ilnd.431843.53.1.pdf
The court is apparently holding a hearing about it....right now: https://www.courtlistener.com/docket/67104150/tiara-bliss-inc-v-the-individuals-corporations-limited-liability/?order_by=desc
#ScheduleA #ScheduleAFightsBack #PatentFedi #PatentedShowerCaps
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One of the defendants has filed a motion to dismiss or to dissolve the preliminary injunction in #TiaraBliss
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.431843/gov.uscourts.ilnd.431843.53.1.pdf
The court is apparently holding a hearing about it....right now: https://www.courtlistener.com/docket/67104150/tiara-bliss-inc-v-the-individuals-corporations-limited-liability/?order_by=desc
#ScheduleA #ScheduleAFightsBack #PatentFedi #PatentedShowerCaps
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Defendant files a motion to recover the bond in a #ScheduleA utility patent case: https://www.scribd.com/document/652394655/SoClean-v-Schedule-A-Choice-One-Motion-for-Bond-Damages
According to this defendant, the asserted patent is directed to a machine and the accused product is a "mat and dust cover" (for that kind of machine).
"Given the obvious differences between the SoClean Patented Product and the ChoiceOne product, above, there was no basis for SoClean's lawsuit against ChoiceOne."
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Defendant files a motion to recover the bond in a #ScheduleA utility patent case: https://www.scribd.com/document/652394655/SoClean-v-Schedule-A-Choice-One-Motion-for-Bond-Damages
According to this defendant, the asserted patent is directed to a machine and the accused product is a "mat and dust cover" (for that kind of machine).
"Given the obvious differences between the SoClean Patented Product and the ChoiceOne product, above, there was no basis for SoClean's lawsuit against ChoiceOne."
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One of the #TiaraBliss defendants has filed a motion to dissolve the preliminary injunction:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.431843/gov.uscourts.ilnd.431843.47.0_2.pdf
According to this defendant:
For more on this case, see: https://mastodon.social/@design_law/110412809084966509
#PatentFedi #LawFedi #Utility Patents #ScheduleA #ScheduleAFightsBack
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One of the #TiaraBliss defendants has filed a motion to dissolve the preliminary injunction:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.431843/gov.uscourts.ilnd.431843.47.0_2.pdf
According to this defendant:
For more on this case, see: https://mastodon.social/@design_law/110412809084966509
#PatentFedi #LawFedi #Utility Patents #ScheduleA #ScheduleAFightsBack
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Anyway, there's also an interesting (pending) motion to set aside the default here:
- Motion: https://storage.courtlistener.com/recap/gov.uscourts.flsd.625094/gov.uscourts.flsd.625094.104.0.pdf
- Opposition: https://storage.courtlistener.com/recap/gov.uscourts.flsd.625094/gov.uscourts.flsd.625094.107.0.pdf
- Reply: https://storage.courtlistener.com/recap/gov.uscourts.flsd.625094/gov.uscourts.flsd.625094.108.0.pdf
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Anyway, there's also an interesting (pending) motion to set aside the default here:
- Motion: https://storage.courtlistener.com/recap/gov.uscourts.flsd.625094/gov.uscourts.flsd.625094.104.0.pdf
- Opposition: https://storage.courtlistener.com/recap/gov.uscourts.flsd.625094/gov.uscourts.flsd.625094.107.0.pdf
- Reply: https://storage.courtlistener.com/recap/gov.uscourts.flsd.625094/gov.uscourts.flsd.625094.108.0.pdf
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While poking around in the dockets yesterday, I was reminded of this #ScheduleA case and learned that some of the defendants are fighting back:
In this one, the plaintiff alleges infringement of a utility patent, U.S. Patent No. 7,530,706, which is directed to an "LED lighting apparatus with fast changing focus" https://patents.google.com/patent/US7530706B2/en?oq=7530706+(
Full complaint: https://www.scribd.com/document/648156651/Lead-Creation-v-Schedule-A-Complaint
But this one has a twist.
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While poking around in the dockets yesterday, I was reminded of this #ScheduleA case and learned that some of the defendants are fighting back:
In this one, the plaintiff alleges infringement of a utility patent, U.S. Patent No. 7,530,706, which is directed to an "LED lighting apparatus with fast changing focus" https://patents.google.com/patent/US7530706B2/en?oq=7530706+(
Full complaint: https://www.scribd.com/document/648156651/Lead-Creation-v-Schedule-A-Complaint
But this one has a twist.
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Okay, so now NinjaSafe's motion for fees is also fully briefed: https://storage.courtlistener.com/recap/gov.uscourts.nysd.596309/gov.uscourts.nysd.596309.69.0.pdf
At first glance, it looks (not surprisingly) pretty similar to Hyponix's reply: https://mastodon.social/@design_law/110417662584156530
#JiangsuVersusJoes #Utility Patents #ScheduleA #ScheduleAFightsBack
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Okay, so now NinjaSafe's motion for fees is also fully briefed: https://storage.courtlistener.com/recap/gov.uscourts.nysd.596309/gov.uscourts.nysd.596309.69.0.pdf
At first glance, it looks (not surprisingly) pretty similar to Hyponix's reply: https://mastodon.social/@design_law/110417662584156530
#JiangsuVersusJoes #Utility Patents #ScheduleA #ScheduleAFightsBack
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Hyponix has filed its reply in support of its motion for fees in #JiangsuVersusJoes: https://storage.courtlistener.com/recap/gov.uscourts.nysd.596309/gov.uscourts.nysd.596309.67.0.pdf
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Hyponix has filed its reply in support of its motion for fees in #JiangsuVersusJoes: https://storage.courtlistener.com/recap/gov.uscourts.nysd.596309/gov.uscourts.nysd.596309.67.0.pdf
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Oh, one more note on the plaintiff's oppositions to the pending motion for fees in #JiangsuVersusJoes
As far as I can tell, the plaintiff did NOT attempt to justify its #ImproperDisgorgementDemands.
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Oh, one more note on the plaintiff's oppositions to the pending motion for fees in #JiangsuVersusJoes
As far as I can tell, the plaintiff did NOT attempt to justify its #ImproperDisgorgementDemands.