XYZ Corporation v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A"
In a Schedule "A" copyright infringement case, foreign e-commerce sellers moved under Rule 60(b)(4) to vacate a $150,000-per-defendant default final judgment for lack of personal jurisdiction. The court held that Florida's long-arm statute, Fla. Stat. s 48.193(1)(a)(2), was not satisfied because the defendants submitted unrebutted declarations that they never sold, shipped, or advertised any allegedly infringing product in Florida, and mere accessibility of an interactive website to Florida consumers is insufficient. The default judgment was vacated as void, those defendants were dismissed, and the plaintiff was ordered to return all funds collected.
Key facts
- XYZ Corporation sued foreign e-commerce sellers identified on Schedule 'A' for copyright infringement, obtained a $150,000-per-defendant default final judgment against defendants who did not appear.
- Defendants moved under Rule 60(b)(4) to vacate the judgment, submitting unrebutted declarations that they never sold, shipped, advertised, or otherwise conducted business in Florida.
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Why it matters
This is a useful decision for defendants swept into Florida "Schedule A" mass IP suits: it confirms that a Rule 60(b)(4) motion can undo a large default judgment (and compel return of frozen/collected funds) where the… — full analysis with a trial
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