In New York Law Journal Article, Marko Zoretic and Jack Hendershott Examine ‘Schedule A’ Design Patent Cases

Knobbe Martens partner Marko Zoretic and associate Jack Hendershott authored “'Schedule A' Cases: A Powerful Tool for Enforcing Design Patents,” for The New York Law Journal.

In the article, Mr. Zoretic and Mr. Hendershott examine Schedule A cases in the Northern District of Illinois, which is a preferred venue for these increasingly popular cases. The authors begin by explaining the significance of Schedule A cases, noting that they are important because they provide plaintiffs with “a powerful and relatively quick tool for enforcing design patents against sellers—in particular, foreign sellers—that sell products on popular online marketplaces.”

However, Mr. Zoretic and Mr. Hendershott explain that Schedule A cases are also open to abuse “due to the lack of adversarial proceedings in obtaining a TRO”. They write, “Design patent holders should thus consider this particularly effective method of enforcement against foreign defendants. And foreign defendants that suspect they might be accused of design patent infringement should be mindful of the potentially drastic and immediate consequences of a Schedule A design patent case against them and consider product redesigns.”

Read the full article here.