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SharkNinja v. Schedule A Defendants — Frozen Drink Maker IP | PatSnap
Explore in Eureka
Case ID1:25-cv-25323
FiledNov 2025
ClosedNov 2025
Patent Litigation

SharkNinja v. Schedule A Defendants: Ninja SLUSHi Design Patent Action Closed in 4 Days

SharkNinja Operating LLC filed suit in the Southern District of Florida asserting design patent USD1091236S covering the Ninja SLUSHi 88 oz. Professional Frozen Drink Maker against anonymous online marketplace sellers. The court closed the case sua sponte just four days after filing, requiring SharkNinja to refile motions in compliance with detailed procedural requirements before the case can be restored to the active docket.

Resolution time
4days
4 days — unusually swift administrative closure before any merits review
Patents asserted
1
USD1091236S — Ninja SLUSHi 88 oz. Frozen Drink Maker, ornamental design patent
Outcome
Case Terminated
Closed for administrative purposes only; without prejudice to refile compliant motions
Cost ruling
Not Assessed
No costs or fees ruled upon; case closed before any adversarial proceedings commenced
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

Sua Sponte Closure: SharkNinja’s Schedule A Action Hits Procedural Gate

On November 14, 2025, SharkNinja Operating LLC filed Case No. 1:25-cv-25323 in the U.S. District Court for the Southern District of Florida before Judge Rodolfo A. Ruiz II, asserting infringement of design patent USD1091236S — which covers the ornamental appearance of the Ninja SLUSHi 88 oz. Professional Frozen Drink Maker. The defendants were identified only as individuals and entities listed on a Schedule A, a common structure in online marketplace anti-counterfeiting actions targeting sellers on platforms such as Amazon.

On November 18, 2025 — just four days after filing — the court issued a sua sponte order closing the case for administrative purposes only, without prejudice. Judge Ruiz denied all pending motions as moot and required SharkNinja to refile motions in full compliance with the order within 14 days. The closure is not a dismissal on the merits; the case can be restored to the active docket once defendants are properly served and all procedural requirements are met.

The four-day timeline reflects the Southern District of Florida’s increasingly rigorous gatekeeping of Schedule A IP actions rather than any substantive weakness in SharkNinja’s claims. The court’s order signals judicial scrutiny of personal jurisdiction over each defendant, alternate service procedures under Rule 4(f)(3), and Hague Convention compliance — requirements that have become standard hurdles in anonymous-defendant IP enforcement in this district. The public record does not yet reveal the identities of any defendants or whether TRO relief will ultimately be granted.

Case at a glance
Case no.1:25-cv-25323
CourtFlorida Southern
JudgeRodolfo A. Ruiz, II
FiledNovember 14, 2025
ClosedNovember 18, 2025
Duration4 days
OutcomeCase Terminated
Verdict causeInfringement Action
BasisCase Terminated
Prior Art Intelligence
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Case data sourced from PACER / Florida Southern District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

Filing to Case Terminated in 4 days

4 days — unusually swift administrative closure before any merits review

Case timeline: Complaint filed NOV 14 2025, NOV–DEC — 4 days total Horizontal timeline showing the three key events in Sharkninja Operating, LLC v THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A from filing to resolution. Source: PACER, Florida Southern District Court. NOV 14 2025 Complaint filed Pre-trial proceedings NOV 18 2025 Case Terminated 4 DAYS TOTAL
Dismissal terms

Administrative closure without prejudice: what the order means for both parties

Legal mechanism

Administrative closure ≠ dismissal on the merits

The court’s sua sponte order closed the case for ‘administrative purposes only, without prejudice.’ This is a procedural housekeeping measure, not a ruling on the validity of SharkNinja’s design patent or the merits of the infringement claim. SharkNinja retains the right to refile compliant motions within 14 days and to move to restore the case to the active docket once defendants are properly served.

Without prejudice — case survives
Plaintiff outcome

SharkNinja must clear procedural hurdles before injunctive relief

SharkNinja’s path to a temporary restraining order or preliminary injunction requires it to separately plead personal jurisdiction over each individual defendant, demonstrate the four-factor TRO standard as to each defendant, and satisfy alternate service requirements including Hague Convention analysis. The closure imposes real compliance costs but does not extinguish the underlying IP rights or the enforcement action.

Refiling required within 14 days
Defendant outlook

Anonymous sellers gain temporary respite — no injunction yet

Because the court denied all pending motions as moot, no temporary restraining order or asset freeze has been entered. Schedule A defendants — who have not yet been formally served or identified — benefit from the delay. However, the closure is explicitly without prejudice, meaning SharkNinja can and likely will refile. Defendants remain exposed to the full range of remedies once the procedural requirements are satisfied.

No TRO entered — exposure remains
Commercial implications

S.D. Fla. tightening scrutiny of Schedule A marketplace actions

This order is consistent with a broader pattern in the Southern District of Florida, where judges have increasingly imposed sua sponte procedural requirements on mass-defendant Schedule A IP cases. For brand owners pursuing online marketplace enforcement, the order signals that boilerplate TRO filings face heightened judicial scrutiny — requiring granular per-defendant jurisdictional and service analysis before emergency relief will be considered.

Higher bar for Schedule A TROs
Legal analysis based on PACER docket records for case 1:25-cv-25323 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffSharkninja Operating, LLCCompanyConsumer appliance IP licensor — holder of design patent USD1091236SSearch in Eureka ↗
DefendantTHE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE AIndividualAnonymous online marketplace sellers identified solely by username or store addressSearch in Eureka ↗
Plaintiff counselChristopher Edward CheekAttorneyCounsel for Sharkninja Operating, LLCSearch in Eureka ↗
Plaintiff counselKevin Crow KaplanAttorneyCounsel for Sharkninja Operating, LLCSearch in Eureka ↗
Plaintiff law firmCoffey Burlington, P.L.Law FirmRepresenting Sharkninja Operating, LLCSearch in Eureka ↗
Presiding judgeJudge Rodolfo A. Ruiz, IIJudgeFlorida Southern District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“THIS CAUSE comes before the Court upon sua sponte review. The Complaint for Injunctive Relief and Damages alleges violations of Plaintiff’s intellectual property rights by Defendants identified on Schedule “A.” See generally Complaint [ECF No. 1]. The Court, having previously handled similar cases brought against defendants who have been identified solely by their internet username or marketplace addresses, anticipates that Plaintiff has filed or will soon file an Ex Parte Motion for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3). See generally, e.g., Am. Honda Co. v. Individuals, Partnerships & Unincorporated Associations Identified on Schedule “A”, No. 24- 24251, 2024 WL 5342502 (S.D. Fla. Nov. 15, 2024). In the interests of judicial economy and due process, it is hereby ORDERED AND ADJUDGED as follows: 1. Any pending motions are DENIED AS MOOT and shall be refiled within fourteen (14) days of the date of this Order, in compliance with the following: Case 1:25-cv-25323-RAR Document 8 Entered on FLSD Docket 11/18/2025 Page 1 of 5 Page 2 of 5 a. Any request for alternate service under Federal Rule of Civil Procedure 4(f)(3), entry of temporary restraining order, or entry of preliminary injunction must be filed separately from the Complaint via the appropriate motion. b. Any motion for entry of temporary restraining order must be filed separately from any motion for entry of preliminary injunction. c. Any motion for entry of temporary restraining order or for entry of preliminary injunction must include detailed steps Plaintiff has taken to verify that this Court has personal jurisdiction over EACH Defendant. See Meier ex rel. Meier v. Sun Int’l Hotels, Ltd., 288 F.3d 1264, 1268–69 (11th Cir. 2002) (“The plaintiff has the burden of establishing a prima facie case of personal jurisdiction over a nonresident defendant.”). Plaintiff must sufficiently allege this Court’s jurisdiction over EACH Defendant pursuant to Florida Statutes § 48.193(1)(a)(1)–(2) and § 48.193(1)(a)(6), or, in the alternative, Rule 4(k) of the Federal Rules of Civil Procedure. d. Any motion for entry of temporary restraining order or for entry of preliminary injunction must include or incorporate allegations that show: “(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that the entry of the relief would serve the public interest,” and establish entitlement to relief with regard to EACH Defendant. Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225–26 (11th Cir. 2005); see also Levi Strauss & Co. v. Sunrise Int’l. Trading Inc., 51 F.3d 982, 985 (11th Cir. 1995). Additionally, if a motion requests entry of a temporary restraining order without notice to the adverse party or parties, the motion must also plead “specific facts in an affidavit or a verified complaint” that “clearly show that immediate and Case 1:25-cv-25323-RAR Document 8 Entered on FLSD Docket 11/18/2025 Page 2 of 5 Page 3 of 5 irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition, and the movant’s attorney must certify “in writing any efforts made to give notice and the reasons why it should not be required.” FED. R. CIV. P. 65(b)(1). e. Any motion for alternate service upon Defendants must state what methods Plaintiff has undertaken to effectuate service. A motion for alternate service will not be granted where a plaintiff does not provide evidence or affidavits to show what efforts Plaintiff has undertaken to determine whether the addresses it has on file for EACH Defendant are actually associated with EACH Defendant. See, e.g., Zuru (Singapore) Pte., Ltd. v. Individuals Identified on Schedule A Hereto, No. 22-2483, 2022 WL 14872617, at *2 (S.D.N.Y. Oct. 26, 2022) (finding alternative process under Rule 4(f)(3) proper where plaintiff “conducted further online research, sent mail to the addresses, and conducted in-person visits” to determine whether physical addresses provided by Amazon were accurate). Further, any motion for alternate service effectuated upon a foreign defendant pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure must detail: i. the proposed method of service for EACH Defendant; ii. the domicile of EACH Defendant; iii. what reasonable efforts were undertaken to discover EACH Defendant’s domicile; and iv. whether the form of alternate service requested is permitted by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents given EACH Defendant’s domicile. Case 1:25-cv-25323-RAR Document 8 Entered on FLSD Docket 11/18/2025 Page 3 of 5 Page 4 of 5 2. Additionally, within fourteen (14) days of the date of this Order, counsel for Plaintiff shall file a verified response to this Order, which must include: a. Whether counsel has conducted a search of case filings in the records of the Clerk of the United States District Court for all districts to ascertain whether Defendants have ever been sued prior to the filing of this suit for any alleged violations of Plaintiff’s intellectual property rights. If counsel did not conduct such a search prior to the filing of this lawsuit, counsel shall conduct that search prior to responding to this Order and indicate the results of that search in a verified response. b. If there has been a prior suit of the nature referred to in paragraph 2(a), supra, counsel shall include in the verified response information about the present status of that litigation, if it is pending, and, if not pending, the nature of the disposition (e.g., settlement, dismissal, or other disposition). c. If a prior suit of the nature described in paragraph 2(a), supra, was resolved by settlement, counsel shall furnish to the Court specific details of that settlement, including any agreement for attorney’s fees and costs that is either known to counsel or which can be ascertained with reasonable inquiry. Copies of these documents shall be furnished with the response to this Order. Counsel shall also explain whether Defendants have complied with any settlement agreement and, if not, what actions Defendants must take to comply with that settlement agreement. d. Counsel shall explain what efforts were taken by the parties to the prior litigation to enforce the terms of any prior settlement agreement. 3. Motions to file documents under seal or to proceed anonymously or pseudonymously in these cases are disfavored by the Court. See Landmark Commc’ns, Inc. v. Case 1:25-cv-25323-RAR Document 8 Entered on FLSD Docket 11/18/2025 Page 4 of 5 Page 5 of 5 Virginia, 435 U.S. 829, 839 (1978) (“The operations of the courts and the judicial conduct of judges are matters of utmost public concern.”); Chicago Trib. Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311 (11th Cir. 2001) (“The common-law right of access to judicial proceedings, an essential component of our system of justice, is instrumental in securing the integrity of the process.”); Doe v. Frank, 951 F.2d 320, 323 (11th Cir. 1992) (“It is the exceptional case in which a plaintiff may proceed under a fictitious name.). Accordingly, any such motions shall be denied with leave to refile only after all the requirements of this Order have been complied with and only once the exceptional circumstances required to grant such a motion have been shown. 4. This case is CLOSED for administrative purposes only, without prejudice to Plaintiff to refile any motions in compliance with the terms of this Order. Further, to the extent the operative Complaint is not in compliance with the terms of this Order, Plaintiff shall promptly file an Amended Complaint. 5. Once all Defendants are properly served, any party may move to re-open the case and restore it to the active docket. 6. Failure to comply with any of the requirements set forth herein will result in the dismissal of this case for failure to comply with Court orders, without further notice. See FED. R. CIV. P. 41(b)). DONE AND ORDERED in Miami, Florida, this 18th day of November, 202”
Source: PACER Docket, Case 1:25-cv-25323, Florida Southern District Court

The court’s sua sponte order is procedural rather than substantive — it makes no finding on infringement, patent validity, or damages. The order’s closure ‘for administrative purposes only, without prejudice’ means SharkNinja’s claims remain fully alive. The directive to refile separately structured motions, with per-defendant jurisdictional and service analysis, reflects Judge Ruiz’s established practice in Schedule A cases and signals that compliant refiling will be evaluated on its merits.

PACER case 1:25-cv-25323 · Public docket record Explore in Eureka ↗
Patent at issue

USD1091236S — Ninja SLUSHi 88 oz. Frozen Drink Maker ornamental design

Publication No.USD1091236S
Application No.US29/987972
Patent details
ProductOrnamental design of the Ninja SLUSHi 88 oz. Professional Frozen Drink Maker
Cited in actionNovember 14, 2025

USD1091236S is a U.S. design patent protecting the ornamental appearance of the Ninja SLUSHi 88 oz. Professional Frozen Drink Maker — a consumer appliance for producing frozen blended beverages. Design patents under 35 U.S.C. § 171 protect the distinctive visual characteristics of a product, not its functional features. The asserted patent covers the specific aesthetic design elements that distinguish the Ninja SLUSHi in the marketplace, making visual copying by third-party sellers an actionable infringement.

For SharkNinja, design patent protection on a hero consumer appliance like the SLUSHi serves a dual commercial function: it deters counterfeit physical products and look-alike listings on online marketplaces that erode brand equity and consumer trust. In the competitive frozen beverage appliance category — where shelf presence and distinctive form factor drive purchase decisions — a registered design patent provides a rapid enforcement pathway against sellers offering visually similar products without authorisation, including via Schedule A multi-defendant actions.

Patent data sourced from USPTO via PatSnap Eureka patent database Search patent records in Eureka ↗
Freedom to operate

Should you run an FTO against USD1091236S for frozen drink maker designs?

Any manufacturer, importer, or online marketplace seller offering a frozen beverage appliance or frozen drink maker that resembles the Ninja SLUSHi’s ornamental design should assess freedom-to-operate against USD1091236S. This is particularly relevant for private-label brands, OEM suppliers in Asia, and marketplace resellers who source products with similar aesthetic profiles. A design patent infringement analysis applies the ‘ordinary observer’ test — if the overall appearance is substantially similar, liability may arise regardless of brand name.

PatSnap Eureka’s FTO Search Agent can map the design patent landscape around frozen beverage appliances, identify the visual claim scope of USD1091236S, surface related design and utility filings in SharkNinja’s portfolio, and flag commercially similar products already in litigation. Running an FTO before launching a competing product or marketplace listing reduces the risk of becoming a Schedule A defendant in a future SharkNinja enforcement action.

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Related litigation

Similar Schedule A design patent cases in S.D. Florida consumer appliances

Cases matching SharkNinja-style Schedule A design patent enforcement actions in the Southern District of Florida against anonymous online marketplace sellers.

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Sharkninja Operating, LLC patent enforcement history, Florida Southern case history, Sharkninja Operating, LLC’s full IP portfolio, and comparable case analysis
Am. Honda v. Schedule A (2024)Comparable TRO outcomesZuru Singapore v. Schedule AS.D. Fla. design IP trends
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Strategic implications

What this case signals for the consumer appliance IP enforcement landscape

SharkNinja’s rapid administrative closure illustrates how procedural gatekeeping is reshaping online marketplace IP enforcement strategies.

Schedule A enforcement demands per-defendant jurisdictional diligence upfront

The S.D. Fla. order makes clear that blanket assertions of jurisdiction over anonymous marketplace sellers will no longer suffice. Brand owners must demonstrate individual personal jurisdiction for each Schedule A defendant — a requirement that significantly increases pre-filing investigation costs but also strengthens the evidentiary foundation for emergency relief.

Design patent enforcement against online counterfeits remains viable — but slower

The administrative closure does not signal that design patent claims like USD1091236S are weak. Rather, the court’s procedural demands suggest that well-prepared Schedule A complaints with robust per-defendant analysis will ultimately proceed. Brands that invest in pre-filing investigation are better positioned to survive sua sponte review and obtain TRO relief faster.

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Full strategic analysis in PatSnap Eureka
Two gated insights detail jurisdiction-level risks in S.D. Fla. consumer goods Schedule A actions and design patent enforcement.
Hague Convention risk mapPrior settlement disclosurePer-defendant TRO strategy
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Frequently asked questions

Sharkninja v INDIVIDUALS — key questions answered

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Track SharkNinja’s Ninja SLUSHi design patent enforcement in real time

Monitor refiling activity, TRO outcomes, and defendant identification in Case 1:25-cv-25323 with PatSnap Eureka litigation alerts. Run an FTO analysis against USD1091236S before launching any frozen beverage appliance with a similar visual design.

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