Knobbe Martens partner Marko Zoretic and associate Jack Hendershott authored the article “Do ‘Schedule A’ cases threaten foreign firms in the US?” for World IP Review.
Schedule A cases are lawsuits filed without identifying the defendants on the cover or in the body of a complaint. In the article, Mr. Zoretic and Mr. Hendershott explain that this is done intentionally to prevent defendants from learning that a lawsuit has been filed against them, providing plaintiffs a quick and powerful tool for enforcing design patents against sellers.
The authors then explain the potentially drastic and immediate consequences of a Schedule A design patent case: “Given the disruptive nature of a Schedule A proceedings, foreign sellers on U.S. online marketplaces that suspect they might be accused of design patent infringement should be mindful of the Schedule A procedure and should implement business practices that reduce the likelihood that their U.S. online business will be shut down due to an unanticipated TRO. In particular, foreign sellers on U.S. online marketplaces should consider monitoring competitor U.S. design patents and promptly consider and implementing product redesigns where necessary.”
Read the full article here.
