But courts routinely use their discretion to grant procedural departures to Schedule A plaintiffs—e.g., e mail service, ex parte asset freezes, mass joinder upon conclusory allegations. Perhaps it is time for judges to begin using their discretion to make routine departures for Schedule A defendants, too. First, the truth that some of the infringement claims could be colorable does not change the fact that the plaintiff introduced quite a few claims that have been not—including the claims brought in opposition to the moving defendants. If the plaintiff had sued Hyponix and NinjaSafe separately, would which have modified the court’s analysis? …

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