Overview
Our client received a notice from Amazon of its takedown of our client Hyponix’s slackline outdoor obstacle course for kids for alleged patent infringement, pursuant to an emergency ex parte temporary restraining order (TRO) freezing our client’s Amazon accounts and taking down and stopping sales of their products. Despite not being served, the source of the order was identified, and we immediately appeared for our client, initially filing a letter brief opposing plaintiff’s effort to extend the TRO showing there was no merit to the infringement claim. This was before any defendant was served notice of the infringement claim. We also sought and obtained oral argument regarding the TRO extension. At the hearing, presented our case. The Court denied extension of the TRO and lifted the restraining order, and instructed plaintiff that it would get no presumptions should it seek a preliminary injunction against any defendant. Plaintiff then voluntarily dismissed its claims against our client, whose product remains available for sale on Amazon.References
Jiangsu Huari Webbing Leather Co., Ltd. v. Joes Identified in Schedule A (SDNY).
