Service and Ex Parte Remedies Against Chinese Defendants in IP Litigation: A Practitioners Guide

57 questions on service and ex parte remedies against chinese defendants in IP litigation, answered and cited by the UpLaw editorial team.

• Are wrongful-seizure damages under the DTSA capped at the bond?
• Can a court enter default without a returned Article 6 certificate?
• Can I get a preliminary injunction against a Chinese manufacturer while Hague service is still pending?
• Can I just mail or email the summons and complaint to a Chinese company?
• Does China treat email as a “postal channel” covered by its Article 10 objection?
• Does Rule 4(m)'s 90-day service deadline apply to service abroad?
• Does the “address known” question determine whether email service is safe?
• Has China objected to Article 10 of the Hague Service Convention?
• How does a validity challenge affect the likelihood-of-success showing on a patent preliminary injunction?
• How does China's 2024 Civil Procedure Law treat foreign judgments?
• How does eBay v. MercExchange affect irreparable-harm proof against a Chinese infringer?
• How does the patentee's own delay affect a preliminary injunction motion?
• How do the circuits differ on granting anti-suit injunctions?
• How do you draft the “why notice should not be required” certification in a China case?
• How is a DTSA seizure executed procedurally?
• How long does an ex parte TRO last, and what must it say?
• How should counsel draft a service-waiver clause with a Chinese counterparty?
• If a U.S. court permits email service, does that make the judgment enforceable in China?
• Must a plaintiff try Hague Central Authority service before asking for alternative service under Rule 4(f)(3)?
• Should a plaintiff assume a U.S. judgment will be enforced in China under the reciprocity reforms?
• What are the limits of the Rockefeller service-waiver route?
• What are the main criticisms of Schedule A practice?
• What are the three exits from Hague Convention exclusivity?
• What bond is required for a TRO or preliminary injunction, and is the defendant's recovery capped?
• What did Grupo Mexicano hold about pre-judgment asset freezes?
• What did Rockefeller v. SinoType decide about contractual service waivers?
• What did Volkswagenwerk v. Schlunk hold about the Hague Convention's exclusivity?
• What did Water Splash v. Menon decide, and why doesn't it help against China?
• What does Hague Convention Article 15 require before entering a default judgment?
• What does Rule 65(d) require in the text of an injunction or TRO?
• What enforcement tools can run in parallel while Hague service is pending?
• What findings must a court make before ordering a DTSA seizure?
• What is a DTSA ex parte civil seizure?
• What is an anti-anti-suit injunction, and when is it used?
• What is a Schedule A case?
• What is the decision sequence when the defendant is a known manufacturer and you must enforce in China?
• What is the decision sequence when the defendant is an anonymous online counterfeiter?
• What is the Hague Service Convention, and what is China's Central Authority?
• What is the Schlunk “occasion to transmit abroad” loophole?
• What is the single most important drafting step to defuse the service problem before a dispute?
• What is the split over court-ordered email service on Chinese defendants?
• What makes evidence collection difficult in cases against Chinese defendants?
• What must a movant show to obtain a temporary restraining order without notice?
• What must a patentee show to get a preliminary injunction against a Chinese manufacturer?
• What relief does Hague Convention Article 16 give a defaulting defendant?
• What single question forks the entire strategy in a cross-border IP case?
• What two questions should be answered at intake in a cross-border IP case?
• When is court-ordered email service the right call, and when is it a trap?
• Which provisions of Rule 4 govern service on a Chinese company?
• Why are arbitral awards easier to enforce in China than court judgments?
• Why does the service question govern the whole outcome of an IP case against a Chinese defendant?
• Why do Schedule A asset freezes survive Grupo Mexicano?
• Why is an ITC Section 337 action so valuable against a Chinese defendant?
• Why is a preliminary injunction harder to get on a standard-essential patent?
• Why is Hong Kong an attractive arbitral seat for disputes with Chinese counterparties?
• Why is the asset freeze sought before the defendant is served in a Schedule A case?
• Why should you not send a cease-and-desist letter before applying for a DTSA seizure?