Kness Opinion in Counterfeiting Cases

Federal Judge Orders a Stay of All “Schedule A” IP cases on his N.D. Illinois docket – may affect other jurisdictions where Schedule A cases (like Amazon Cases) are filed for example in Western District of Pennsylvania. Here is the order from one case:

UNITED STATES DISTRICT COURT FOR THE Northern District of Illinois − CM/ECF NextGen 1.8 (rev. 1.8.3)
Eastern Division

Warner Bros. Entertainment Inc.
Plaintiff,
v.
The Partnerships And Unincorporated Associations
Identified On Schedule A,
Defendant.

Case No.: 1:25−cv−06252
Honorable John F. Kness

NOTIFICATION OF DOCKET ENTRY
This docket entry was made by the Clerk on Monday, June 9, 2025:

MINUTE entry before the Honorable John F. Kness: On the Court’s initiative, all
pending motions are held in abeyance, and the case is stayed pending further order. This
stay, which the Court is entering in other so−called “Schedule A” cases on its docket
where requests for temporary restraining orders remain pending, is intended to permit the
Court the opportunity to reassess its previous approach in Schedule A litigation involving
Lanham Act, Copyright Act, and Patent Act claims typically brought on an ex parte basis
against various online merchants. This reassessment will consider, among other things,
whether: (1) ex parte proceedings are appropriate in these types of cases; (2) the routine
sealing of parts or all of the docket is appropriate; (3) the routine granting of temporary
restraining orders on an ex parte basis is a sound exercise of judicial discretion; (4) the
routine granting of prejudgment asset restraints is a sound exercise of judicial discretion;
and (5) the mass joinder of defendants is appropriate under the circumstances typically
present in Schedule A cases. Plaintiff remains free, of course, to dismiss this action
voluntarily if they wish to pursue their claims in another District, but no supplemental
briefing on the pending motions may be filed absent advance leave of Court. Mailed
notice. (exr, )

For More Information, please contact our IP Practice Area Chair Henry M. Sneath, Esq.