Untitled case

This case, Roadway Retail LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A, case number 1:24-cv-12029, was filed on November 21, 2024, in the Illinois Northern District Court. The plaintiff, Roadway Retail LLC, is asserting patent infringement against numerous unidentified defendants, often referred to as "Schedule A" defendants, who are typically foreign sellers on e-commerce platforms. This type of litigation is common in the Northern District of Illinois, which has become a preferred venue for design patent owners seeking statutory damages and injunctive relief against multiple online merchants.

The sole patent at issue is U.S. Patent No. 9,198,261. While a detailed technical sketch of this specific patent is not readily available without accessing the patent itself, in "Schedule A" cases in the Northern District of Illinois, the patents are frequently design patents. The accused products or services are typically various goods sold on e-commerce platforms by the "Schedule A" defendants, which are alleged to infringe the asserted patent.

The procedural posture of this case is active and it is before the Illinois Northern District Court. The reason for this venue's prominence in such cases is that federal judges in the Northern District of Illinois routinely find personal jurisdiction over these online storefront operators based on sales directed to consumers within the district, even when the sellers are located in mainland China. This case is notable due to its nature as a "Schedule A" case, which represents a significant pattern of patent enforcement against foreign online sellers in the Northern District of Illinois. These cases often involve preliminary injunctions and asset freezes, making them a powerful tool for patentees, though they also raise questions about the court's role in fostering such an environment.

It appears there is a conflict in the provided case metadata.

The case number 1:24-cv-12029 in the Illinois Northern District Court, according to available public dockets, corresponds to the case Roadway Retail LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A, filed on November 21, 2024. Cases with this type of "Schedule A" defendant naming are typically associated with trademark or copyright infringement claims against numerous unnamed entities, often related to counterfeit goods.

However, the prompt also specifies that the Patent at issue is 9,198,261 and requests a review of "this patent infringement litigation." There is no indication from available public records that U.S. Patent No. 9,198,261 is asserted or involved in the Roadway Retail LLC case.

Given the instruction to "Treat the case metadata in this prompt as authoritative" but also to prefer the metadata for "case number, and patents at issue," a direct contradiction arises if the specified case number refers to a matter that does not involve the specified patent in a patent infringement context. Without further clarification on how to resolve this discrepancy, it is not possible to provide a coherent legal development history for a patent infringement litigation that simultaneously matches case number 1:24-cv-12029 and involves patent 9,198,261.

Therefore, I cannot provide a detailed chronological legal development and outcome for a patent infringement litigation meeting both the specified case number and the patent at issue, as these two pieces of information appear to describe different, unrelated legal actions.

It is not possible to definitively identify the counsel of record for the plaintiff in the case 1:24-cv-12029 in the Illinois Northern District Court for patent 9198261 with the current information and search capabilities.

While searches for the case number "1:24-cv-12029 Illinois Northern District Court" consistently return a case titled "Roadway Retail LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A," filed on November 21, 2024, this case does not appear to be a patent infringement suit involving patent 9198261. The counsel listed for "Roadway Retail LLC" in that unrelated case are Benjamin Adam Campbell and Edward L. Bishop of Bishop Diehl & Lee, Ltd., and Nicholas S. Lee and Sameeul Haque of Dickinson Wright, PLLC. However, this is not the patent infringement case in question.

My attempts to directly find the assignee of patent 9198261 using web searches did not yield a direct, current assignee. Although Ancora Technologies Inc. frequently appears in patent litigation related to a similar patent (US Patent 6,411,941), and is known for enforcing its intellectual property rights, there is no direct evidence from the search results linking Ancora Technologies Inc. to the specific case number 1:24-cv-12029 concerning patent 9198261 in the Illinois Northern District Court.

Without direct access to the PACER docket for the specified patent infringement case (which might be under a sealed caption or not easily discoverable via general web search with the provided parameters), the plaintiff and their counsel of record for case 1:24-cv-12029 involving patent 9198261 cannot be identified.

In Schedule A patent infringement cases filed in the Northern District of Illinois, such as Roadway Retail LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A, identifying counsel of record for all defendants is inherently challenging due to the procedural nature of these cases. The "Schedule A" typically refers to a sealed list of numerous, often unnamed, online retailers who are initially unaware of the lawsuit. Plaintiffs commonly seek ex parte temporary restraining orders (TROs) and asset freezes, with service of process often authorized by email, and defendant identities revealed through third-party discovery.

As of the current date, detailed appearances for the broad group of "The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A" are not publicly available in a consolidated manner. However, PacerMonitor indicates that at least one defendant, Funtouch US, has made an appearance and is represented by counsel.

The counsel of record identified for defendant Funtouch US is:

• Name: Benjamin Solter
• Role: Counsel for Defendant Funtouch US (likely lead counsel for this specific defendant).
• Firm: Cross-Boarder Counselor, LLP
  • Office Location: While specific office location for Cross-Boarder Counselor, LLP is not immediately available in the search results, the firm name suggests a focus on international or cross-border clients, common in Schedule A litigation involving foreign online sellers.
• Relevant Patent Litigation Experience: Specific patent litigation experience for Benjamin Solter or Cross-Boarder Counselor, LLP related to this particular patent or similar Schedule A cases was not readily found in the provided search results. Their appearance in this case, representing an identified Schedule A defendant, suggests experience in defending online retailers in such matters.

Given the common practice in Schedule A cases, additional defendants may appear individually or in groups as they become aware of the lawsuit and choose to seek representation. Therefore, the list of defense counsel may expand over time.