Overview
In Schedule A proceedings, plaintiffs file suit against counterfeiters and move for ex parte relief while keeping the defendants’ identities under seal. After injunctive relief is obtained, defendants can be served by email. Most defendants never appear, resulting in default judgments with relief ranging from transferring domain names to collecting damages from frozen assets in payment services like Amazon and PayPal.
Unbeknownst to a Leason Ellis client who runs a legitimate international business, an improper patent infringement Schedule A complaint was filed against it by a competitor in the Northern District of Illinois, resulting in an ex parte preliminary injunction and the freezing of its assets. After being retained on a Tuesday afternoon, Leason Ellis attorneys filed an emergency motion and appeared by video for a court hearing by Friday morning, resulting in the court vacating the preliminary injunction and dismissing three of the defendants that same day. See Headwaters, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 1:21-CV-06303 (N.D. Ill.).
