Dyson Files "Schedule A" Suit in Chicago Over Battery Pack Design Patent

Two white cylindrical battery cells on a pink background

Photo: finnrich / Pixabay

Dyson Technology Limited has filed a design patent lawsuit in the US District Court for the Northern District of Illinois against online sellers it has not named publicly. The case, Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 1:26-cv-12608, was filed on 14 October 2026.

The design

US Design Patent D710,299, titled "Battery Pack", was issued on 5 August 2014. It protects the ornamental appearance of a battery pack, not how it works. The named designers are James Dyson, Peter David Gammack, Timothy Nicholas Stickney and Jonathan George Marsh. According to Patent Litigator, Google Patents lists 5 August 2028 as the design's anticipated expiry date.

The claims

According to Patent Litigator's summary of the complaint, Dyson alleges that the defendants sell a look-alike battery pack through online marketplace stores that target US consumers, ship to Illinois and accept US dollars. The defendants are listed only in a "Schedule A" attached to the complaint and are alleged, on information and belief, to operate from China or other foreign jurisdictions. These are allegations; no court has yet ruled on them.

Dyson seeks temporary, preliminary and permanent injunctions, an order requiring marketplaces to stop displaying the listings, and either damages or the defendants' total profits under 35 U.S.C. § 289. Section 289 is the US remedy specific to design patents.

Why it matters

"Schedule A" cases, which join many anonymous online sellers in a single complaint and often start with a request for a temporary restraining order and asset freeze, are a familiar tool for brand owners in Chicago. They are also controversial, and some judges have begun questioning whether so many unrelated sellers can properly be sued together. Dyson's complaint includes language aimed at the joinder rules, alleging that the defendants' conduct forms "the same occurrence or series of occurrences".

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