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Posts tagged #ScheduleA

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status
hearing held on 3/4/2026. For the reasons stated on the record, Defendant
jiujiangshengyixi's motion to vacate default judgment order [39] is granted. Plaintiff's
motion to enforce settlement or stay Defendant's motion [44] is denied as moot. Mailed
notice. (ecw, )

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 3/4/2026. For the reasons stated on the record, Defendant jiujiangshengyixi's motion to vacate default judgment order [39] is granted. Plaintiff's motion to enforce settlement or stay Defendant's motion [44] is denied as moot. Mailed notice. (ecw, )

Judge Durkin granted a motion to set aside a default judgment (as to one defendant) in a #ScheduleA case. The plaintiff has appealed. See Makiko Kimura v. jiujiangshengyixi, No. 26-01650 (7th Cir. Apr 03, 2026).

Here's the appealed-from order:

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Judge Kocoras grants eBay's motion to dissolve a #ScheduleA preliminary injunction due to misjoinder.

COLLECTANEA J. LIMITED v. SCHEDULE A, No. 25 C 4839, 2026 WL 891930, at *6 (N.D. Ill. Mar. 31, 2026)

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We know that #ScheduleA plaintiffs are looking for new places to file. The more persuasive, critical decisions there are, the harder that will be.

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I'll note that this is one reason why defendant pinching and pressing are bad. #ScheduleA plaintiffs are moving their cases away from judges who might write decisions that persuasively criticize their business model.

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Here is another Judge Schydlower decision denying an asset freeze and email service in a #ScheduleA case brought by Baker Botts(!!):

BEIJING IQIYI SCIENCE & TECHNOLOGY CO. v. SCHEDULE A, No. 6:25-CV-00287-LS, 2026 WL 915701 (W.D. Tex. Mar. 28, 2026) (citing Eicher & Zorro)

#EicherImpact

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In denying this #ScheduleA plaintiffs' motion to seal, Judge Schydlower relies on Eicher Motors and Zorro, among other precedents.

STEEL CITY ENTERPRISES, INC., Plaintiff, v. SCHEDULE "A," Defendants., No. 6:25-CV-00335-LS, 2026 WL 851442, at *1 (W.D. Tex. Mar. 28, 2026) #EicherImpact

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Judicial Scrutiny Of Counterfeit Suits Forces Brands To Adapt

By Ivan Moreno ·
Law360 (April 2, 2026, 11:27 PM EDT) -- Federal judges are placing new restrictions on so-called Schedule A lawsuits that brand owners initiate to sue dozens and sometimes hundreds of online sellers allegedly peddling counterfeit products at once, demanding more than shopping-cart screenshots to establish jurisdiction and pressing plaintiffs to justify mass joinder and damages claims.

Judicial Scrutiny Of Counterfeit Suits Forces Brands To Adapt By Ivan Moreno · Law360 (April 2, 2026, 11:27 PM EDT) -- Federal judges are placing new restrictions on so-called Schedule A lawsuits that brand owners initiate to sue dozens and sometimes hundreds of online sellers allegedly peddling counterfeit products at once, demanding more than shopping-cart screenshots to establish jurisdiction and pressing plaintiffs to justify mass joinder and damages claims.

Don't love this headline, though.

For more on why it's factually incorrect to use the phrase "counterfeit suits" refer to all #ScheduleA suits, see this article: papers.ssrn.com/sol3/papers....

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TOP NEWS

iStock-1206860790.jpg
Analysis
Justices' Cox Decision Fuels Debate Over DMCA's Relevance
By Ivan Moreno
The U.S. Supreme Court's unanimous decision last week shielding Cox Communications from contributory copyright liability and wiping out a massive piracy verdict against the internet service provider has sparked a debate over how much the Digital Millennium Copyright Act's safe harbor provision still matters.
Read full article » | Save to favorites »

Analysis
3 Federal Circuit Clashes To Watch In April
By Ryan Davis
The Federal Circuit argument calendar for this month includes Centripetal Networks' appeal of a decision clearing Cisco of infringing cybersecurity patents after a multibillion-dollar award was thrown out, as well as Ecobee's challenge to an $11.5 million infringement verdict involving smart thermostats.
Read full article » | Save to favorites »

Analysis
Judicial Scrutiny Of Counterfeit Suits Forces Brands To Adapt
By Ivan Moreno
Federal judges are placing new restrictions on so-called Schedule A lawsuits that brand owners initiate to sue dozens and sometimes hundreds of online sellers allegedly peddling counterfeit products at once, demanding more than shopping-cart screenshots to establish jurisdiction and pressing plaintiffs to justify mass joinder and damages claims.
Read full article » | Save to favorites »

TOP NEWS iStock-1206860790.jpg Analysis Justices' Cox Decision Fuels Debate Over DMCA's Relevance By Ivan Moreno The U.S. Supreme Court's unanimous decision last week shielding Cox Communications from contributory copyright liability and wiping out a massive piracy verdict against the internet service provider has sparked a debate over how much the Digital Millennium Copyright Act's safe harbor provision still matters. Read full article » | Save to favorites » Analysis 3 Federal Circuit Clashes To Watch In April By Ryan Davis The Federal Circuit argument calendar for this month includes Centripetal Networks' appeal of a decision clearing Cisco of infringing cybersecurity patents after a multibillion-dollar award was thrown out, as well as Ecobee's challenge to an $11.5 million infringement verdict involving smart thermostats. Read full article » | Save to favorites » Analysis Judicial Scrutiny Of Counterfeit Suits Forces Brands To Adapt By Ivan Moreno Federal judges are placing new restrictions on so-called Schedule A lawsuits that brand owners initiate to sue dozens and sometimes hundreds of online sellers allegedly peddling counterfeit products at once, demanding more than shopping-cart screenshots to establish jurisdiction and pressing plaintiffs to justify mass joinder and damages claims. Read full article » | Save to favorites »

#ScheduleA judge shopping makes the @law360.bsky.social week in review: www.law360.com/articles/246...

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My @chicagokentlaw.bsky.social colleague Greg Reilly has written a great essay related to this issue. That essay will be published as part of our #ScheduleA symposium.

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The use of the word "routine" here is interesting. As far as I can tell, defendant pinching is part of the standard operating procedure of many #ScheduleA firms. So I guess it's "routine" in the sense of being "usual." But I suspect she's trying to suggest that it's normal, unobjectionable...

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Preview
Judicial Scrutiny Of Counterfeit Suits Forces Brands To Adapt - Law360 Federal judges are placing new restrictions on so-called Schedule A lawsuits that brand owners initiate to sue dozens and sometimes hundreds of online sellers allegedly peddling counterfeit products a...

SAFE, "bar association" formed by #ScheduleA plaintiffs' counsel "is concerned that framing routine procedural responses to joinder rulings as sanctionable conduct—or as fodder for academic criticism—creates yet another obstacle for brand owners trying to enforce their rights...."

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In other cases, courts have decreased profit awards based on equity when a separate award
of defendant’s profits unjustly enriches the plaintiff, excessively punishes the defendant, or there
Case: 1:22-cv-05936 Document #: 67 Filed: 04/01/26 Page 6 of 18 PageID #:2124
6
is a lack of sufficient evidence linking the defendant’s profits to the infringement. See, e.g.,
Alexander Binzel Corp. v. Nu-Tecsys Corp., 2000 U.S. Dist. LEXIS 5238, at *42-44 (N.D. Ill. Mar.
23, 2000) (reducing award of damages from $4 million to $2.37 million where there was also a
lost profits award, and wrongful profits award was equivalent of company’s total sales); Stuart v.
Collins, 489 F. Supp. 827, 834 (S.D.N.Y. 1980) (reducing award of defendant’s profits from
$350,000 to $200,000 where the original amount represented substantially more than plaintiff had
ever earned and defendant’s conduct, while willful, was not in bad faith or an intentional attempt
to trade off plaintiff’s goodwill); Lurzer GMBH v. Am. Showcase, Inc., 75 F. Supp. 2d 98, 104
(S.D.N.Y. 1998) (court exercised its discretion to reduce the profits award by half to $326,405.50
where, in part, “the slim evidence that Klik! sales resulted from use of the ‘Archive’ name suggests
that awarding a full accounting [is] unwarranted.”). There is no separate award in this case

In other cases, courts have decreased profit awards based on equity when a separate award of defendant’s profits unjustly enriches the plaintiff, excessively punishes the defendant, or there Case: 1:22-cv-05936 Document #: 67 Filed: 04/01/26 Page 6 of 18 PageID #:2124 6 is a lack of sufficient evidence linking the defendant’s profits to the infringement. See, e.g., Alexander Binzel Corp. v. Nu-Tecsys Corp., 2000 U.S. Dist. LEXIS 5238, at *42-44 (N.D. Ill. Mar. 23, 2000) (reducing award of damages from $4 million to $2.37 million where there was also a lost profits award, and wrongful profits award was equivalent of company’s total sales); Stuart v. Collins, 489 F. Supp. 827, 834 (S.D.N.Y. 1980) (reducing award of defendant’s profits from $350,000 to $200,000 where the original amount represented substantially more than plaintiff had ever earned and defendant’s conduct, while willful, was not in bad faith or an intentional attempt to trade off plaintiff’s goodwill); Lurzer GMBH v. Am. Showcase, Inc., 75 F. Supp. 2d 98, 104 (S.D.N.Y. 1998) (court exercised its discretion to reduce the profits award by half to $326,405.50 where, in part, “the slim evidence that Klik! sales resulted from use of the ‘Archive’ name suggests that awarding a full accounting [is] unwarranted.”). There is no separate award in this case

"In other cases" - presumably, normal cases? #ScheduleA cases are not normal cases.

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Yeah, definitely. I didn't even get to it in my WUSTL piece because I was out of space. But it's definitely an issue in the #ScheduleA case, both with respect to the individual defendant dismissals and also with the question of whether defendant pinching counts as "refiling" under the Local Rules.

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I've talked about this case before. It's not a #ScheduleA case, it's a new-style thing Deckers has been doing lately (while still also filing Schedule A cases).

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Note that this is not a #ScheduleA case. It's one of those new-style cases that I don't yet have a good name for. ("Deckers model" maybe?)

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This is the panel that also heard Louis Poulsen, another #ScheduleA case (which they haven't yet decided). And the author here was on the panel that heard Kangol, the email service case. I don't know if either of those things affected the decision to make Monthly precedential. But it's interesting.

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Oh, wow: Big #ScheduleA news in the Seventh Circuit:

"The court, on its own motion, RECALLS the mandate, and VACATES the nonprecedential disposition and judgment entered on March 9, 2026."

The new, precedential decision in Liu v. Monthly is available here: media.ca7.uscourts.gov/cgi-bin/Opin...

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In a normal case, the defendant(s) could point this out. But #ScheduleA cases structurally discourage meaningful defendant participation, so

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It's also interesting to me that the #ScheduleA plaintiffs are not, for the most part, leaning into the Boe attorneys' argument (it's allowed by the rules so we can do it and it's fine).

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Anyway, I clearly need to spend some more time on these new-style cases. I'm still not sure why Deckers is suing some defendants this way and some defendants using the #ScheduleA model. See, e.g., Deckers Outdoor Corporation v. Schedule A, Docket No. 1:26-cv-02794 (N.D. Ill. Mar 12, 2026).

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These aren't #ScheduleA cases because, in addition to no secret defendant list, there's no preliminary asset freeze. It looks like Deckers is, however, asking (and here, getting) the judges to seize the defendants' accounts upon default judgment. So there's still a cash grab, it just comes later.

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Kennelly is a good, smart judge. He is not a #ScheduleA critic. And he seems to have taken criticism of the Schedule A litigation model personally (see the quoted post). So if you're a Schedule A plaintiff and you draw him, safe to call that a "win."

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We can see they are doing this because--unlike in a #ScheduleA case--Deckers is listing the defendant aliases openly, on the front of the (unsealed) complaints.

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MINUTE entry before the Honorable John Robert Blakey: In this case, Plaintiff
attempted to join defendants it has already conceded may not properly be joined in one
suit, see [26] at 1−2 (indicating that Plaintiff sued the named defendants in a prior case
before Judge Pacold, but then voluntarily dismissed them when Judge Pacold challenged
joinder). Although joinder decisions may involve some measure of discretion, repeatedly
naming the exact same group or subgroup of defendants in new cases until a case is
assigned to a judge the Plaintiff believes to be hospitable to Plaintiff's own theory of
joinder constitutes a willful abuse of the judicial process. If Plaintiff had a good faith
factual and legal basis to join these defendants, it could have pressed its position in the
prior case (and appealed in due course if appropriate), but it declined to do so. Instead,
when challenged, Plaintiff cut and ran, then filed a new suit, seeking to join the same
parties based upon the same allegations. That strategy not only constitutes an egregious
form of forum shopping, it also consumes scarce judicial resources, as Plaintiff asks judge
after judge to make the same exact determination, hoping for a more favorable outcome.
Based upon Plaintiff's abuse of the judicial process, the Court dismisses this case with
prejudice. See, e.g., Fuery v. City of Chicago, 900 F.3d 450, 452 (7th Cir. 2018) (quoting
Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101, 107 (2017) ("District courts
'possess certain inherent powers, not conferred by rule or statute, to manage their own
affairs so as to achieve the orderly and expeditious disposition of cases. That authority
includes the ability to fashion an appropriate sanction for conduct which abuses the
judicial process.' "); Salmeron v. Enter. Recovery Sys., Inc., 579 F.3d 787, 793 (7th Cir.
2009) ("Sanctions meted out pursuant to the court's inherent power are appropriate where
the offender has willfully abused the judicial process or otherw…

MINUTE entry before the Honorable John Robert Blakey: In this case, Plaintiff attempted to join defendants it has already conceded may not properly be joined in one suit, see [26] at 1−2 (indicating that Plaintiff sued the named defendants in a prior case before Judge Pacold, but then voluntarily dismissed them when Judge Pacold challenged joinder). Although joinder decisions may involve some measure of discretion, repeatedly naming the exact same group or subgroup of defendants in new cases until a case is assigned to a judge the Plaintiff believes to be hospitable to Plaintiff's own theory of joinder constitutes a willful abuse of the judicial process. If Plaintiff had a good faith factual and legal basis to join these defendants, it could have pressed its position in the prior case (and appealed in due course if appropriate), but it declined to do so. Instead, when challenged, Plaintiff cut and ran, then filed a new suit, seeking to join the same parties based upon the same allegations. That strategy not only constitutes an egregious form of forum shopping, it also consumes scarce judicial resources, as Plaintiff asks judge after judge to make the same exact determination, hoping for a more favorable outcome. Based upon Plaintiff's abuse of the judicial process, the Court dismisses this case with prejudice. See, e.g., Fuery v. City of Chicago, 900 F.3d 450, 452 (7th Cir. 2018) (quoting Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101, 107 (2017) ("District courts 'possess certain inherent powers, not conferred by rule or statute, to manage their own affairs so as to achieve the orderly and expeditious disposition of cases. That authority includes the ability to fashion an appropriate sanction for conduct which abuses the judicial process.' "); Salmeron v. Enter. Recovery Sys., Inc., 579 F.3d 787, 793 (7th Cir. 2009) ("Sanctions meted out pursuant to the court's inherent power are appropriate where the offender has willfully abused the judicial process or otherw…

Judge Blakey dismisses another #ScheduleA cases for defendant pinching.

Sigmaxgo LLC v. SCHEDULE A, No. 1:26-cv-00132 (N.D. Ill.), ECF 27

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MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing
held. Plaintiffs' Motion for entry of a preliminary injunction [34] is granted. Enter
Preliminary injunction order. The Clerk's office is directed to unseal all previously sealed
documents. Plaintiff is ordered to add all Defendant names listed in the Schedule A to the
docket within three business days. Instructions can be found on the court's website at
www.ilnd.uscourts.gov. Plaintiff moves [41] to strike on the basis that Defendant Yuan
Yuanjie's motion [39] cites non−existent cases, likely generated by an artificial
intelligence platform. The Court had reviewed Defendant's motion which cites, for
example "NSI Int'l, Inc. v. Partnerships & Unincorporated Associations Identified on
Schedule A, Case No. 1:24−cv−05560 (N.D. Ill. 2024)." Though the case number exists,
the case number identifies a different case unrelated to Defendant's motion. Because
Defendant has cited non−existent cases, Plaintiff's motion [41] to strike is granted and
Defendant's motion [39] is stricken. Presentment of motion set for 3/17/26 is stricken.
Telephonic status hearing set for 4/14/26 at 9:30 a.m. Members of the public and media
will be able to call in to listen to this hearing. The call−in number is 650−479−3207 and
the access code is 1804010308. Persons granted remote access to proceedings are
reminded of the general prohibition against photographing, recording, and rebroadcasting
of court proceedings. Violation of these prohibitions may result in sanctions, including
removal of court issued media credentials, restricted entry to future hearings, denial of
entry to future hearings, or any other sanctions deemed necessary by the Court. Notice
mailed by Judge's staff (lf, )

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Plaintiffs' Motion for entry of a preliminary injunction [34] is granted. Enter Preliminary injunction order. The Clerk's office is directed to unseal all previously sealed documents. Plaintiff is ordered to add all Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website at www.ilnd.uscourts.gov. Plaintiff moves [41] to strike on the basis that Defendant Yuan Yuanjie's motion [39] cites non−existent cases, likely generated by an artificial intelligence platform. The Court had reviewed Defendant's motion which cites, for example "NSI Int'l, Inc. v. Partnerships & Unincorporated Associations Identified on Schedule A, Case No. 1:24−cv−05560 (N.D. Ill. 2024)." Though the case number exists, the case number identifies a different case unrelated to Defendant's motion. Because Defendant has cited non−existent cases, Plaintiff's motion [41] to strike is granted and Defendant's motion [39] is stricken. Presentment of motion set for 3/17/26 is stricken. Telephonic status hearing set for 4/14/26 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call−in number is 650−479−3207 and the access code is 1804010308. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, )

Judge Alonso strikes a pro se filing by a #ScheduleA defendant, for "cite[ing] non−existent cases, likely generated by an artificial intelligence platform."

Swarovski Aktiengesellschaft et al v. Schedule A, No. 1:26-cv-01352 (N.D. Ill.), ECF 36

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D156701 - issued in 1950 for a design for a shopping cart

D156701 - issued in 1950 for a design for a shopping cart

How are #ScheduleA plaintiffs responding to judicial pushback in the NDIL? I was curious, so I went looking for answers.

What I found: Judge shopping. Lots of it.

For more, see this forthcoming piece: papers.ssrn.com/sol3/papers....

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Preview
Injunction Constraints Impede Utility Patent Counterfeit Cases - Law360 A Texas federal judge ruled this month that the strongest tool to stop counterfeiters in so-called Schedule A cases doesn't apply to utility patents, which attorneys say cements a long-standing practi...

No, the issue is not that "injunction restraints" are "impeding" these cases. The issue is that #ScheduleA plaintiffs are asking for remedies that they are not entitled to.

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This week in #ScheduleA:

- Wood v. Eiazuiks, No. 25-02340 (3d Cir.), has been calendared for argument on Friday, 5/15, in Philadelphia.

- The appellees have filed their brief in PROMIER PRODUCTS INC. v. GEAROZ (3d Cir.)

- New appeal: Zhang v. Schedule A, No. 26-01539 (Fed. Cir. Mar 19, 2026).

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In this piece, I identify and analyze two new forms of judge shopping I've observed in #ScheduleA cases in the Northern District of Illinois. I analogize these tactics to certain forms of cheating at roulette—namely, “pinching” and “pressing” bets.

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This new #ScheduleNay litigation model (working title) puts a lot of pressure on the rules and norms around fair notice.

In both these cases and #ScheduleA cases, the judges often approve alternative service of process. Namely, service by email to whatever address is on file with the platforms.

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