最近更新：2024-12-25
2023-cv-03301
| 日期 | 描述 |
|---|---|
| 12/19/2024 | MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Plaintiff noted it is missing some sales reports. Defendant stated after consultation with defendants, those that are missing sales reports are no longer selling the products at issue. By 1/6/25, Plaintiff shall send a list of all missing reports to Defendants and Defendants shall respond with necessary sales report or an indication that no sales have occurred, as appropriate, by 1/13/25. Status hearing set for 2/13/25 at 9:15 a.m. Court will review status report due 2/10/25 before the District Court. This Court will adjust the date for status hearing, if necessary. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 12/19/2024 | MINUTE entry before the Honorable Thomas M. Durkin: In light of the joint status report at [250], the parties shall file the next joint status report addressing the same issues on 2/10/2025. Mailed notice. |
| 12/18/2024 | STATUS Report Joint Status Report by ABC Corporation Presented before District Judge (Quezada Hastings, Sofia) |
| 10/21/2024 | MINUTE entry before the Honorable M. David Weisman: In light of Plaintiff's status report 248 indicating that the ex parte reexamination proceedings are ongoing, the status hearing set for 10/22/24 is stricken and reset to 12/19/24 at 1:00 p.m. Joint status report due by noon on 12/17/24. If a ruling by the USPTO is issued prior to 12/19/24, the parties shall promptly notify the Court. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 10/21/2024 | STATUS Report - JOINT Status Report (replacement of Dkt. 247) by Heifeng Zhizao (Shenzhen) Technology Co., LTD d/b/a Bebird Presented before Magistrate Judge (De Preter, Matthew) |
| 10/21/2024 | STATUS Report By Plaintiff by Heifeng Zhizao (Shenzhen) Technology Co., LTD d/b/a Bebird Presented before Magistrate Judge (De Preter, Matthew) |
| 09/03/2024 | MINUTE entry before the Honorable M. David Weisman: In light of the district court's order staying the case pending a reexamination by the USPTO 245, the status hearing set for 9/5/24 is stricken and reset to 10/22/24 at 9:15 a.m. Joint status report due by noon on 10/21/24. If a ruling by the USPTO is issued prior to 10/22/24, the parties shall promptly notify the Court. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 08/07/2024 | MINUTE entry before the Honorable Thomas M. Durkin: On June 13, 2024, the USPTO granted Defendants' requests for an ex parte reexamination of a patent at issue in this case. R. 238-1. Defendants move to stay this case pending the outcome of the ex parte reexamination. R. 238. Plaintiff is "not opposed to a stay in the proceedings" and states that the "resolution of the ex parte reexamination will have a substantial narrowing effect on the litigation and will result in appreciable judicial economy." R. 242 at 2. Defendants' motion to stay the case is granted. In conjunction with the stay, however, Plaintiff makes three requests. First, Plaintiff requests leave to file a motion to compel discovery. R. 242 at 3. That request is denied. Plaintiff may seek discovery following the resolution of the ex parte reexamination once the issues for litigation have been narrowed. Second, Plaintiff requests that Defendants be required "to produce monthly reports. showing the totality of the prior months sales of [accused] products." R. 242 at 3. Defendants have agreed to produce sales records to Plaintiff every three months. R. 244. The Court finds that Defendants' proposal is reasonable and orders Defendants to produce sales records every three months. Finally, Plaintiff requests that the Court renew the preliminary injunction. R. 242 at 3. The Court has already denied the Plaintiff's motion for a preliminary injunction, see R. 187, and for the same reasons, the Court denies Plaintiff's request to renew the preliminary injunction. This case is stayed until resolution of the ex parte reexamination by the USPTO. Within 14 days after the resolution of ex parte reexamination, the parties shall file a joint status report with the Court indicating next steps for litigation. Mailed notice. |
| 08/05/2024 | REPLY by AIFINISTORE, AISITIN Authorize Store, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, DUKINE, EAR CLEAN, EARHOME, Ear Vision, EarEternity, EarSoul, Earwax Tools Store, Earwise, Fadersal, GIRCamera, Heystop Official Store, Inim, LOYStore, LoykerOtoscope, QiYiEar, Shenzhen Yipincheng Technology Co., Ltd, YM-US Co., Ltd, Yaejstore, Yjear to Response[242] |
| 07/31/2024 | MINUTE entry before the Honorable Thomas M. Durkin: On July 24, 2023, Defendants Bang Bang You Pin (Shenzhen) Industrial Co., Ltd and YJH Inc. voluntarily posted a bond of $50,000. On August 4, 2023, Defendants AISITIN Authorize Store, BenicabeDirect, EARHOME, Heystop Official Store, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, and YM-US Co., Ltd voluntarily posted a bond of $50,000. Defendants now move for a release of these bonds. R. 234. Defendants contend that they agreed to post the bonds "to provide security to Plaintiff before the formal preliminary injunction hearing." Id. Defendants further contend that because the Court denied Plaintiff's motion for a preliminary injunction on December 18, 2023, "the purpose of the bonds is fulfilled or becomes moot." Id. Plaintiff disputes that the purpose of the bonds was related to the preliminary injunction. R. 236. In their motion, Defendants failed to provide the Court with evidence (such as by affidavit or by exhibit) as to the agreement regarding the bonds and their underlying purpose. Absent such evidence, the Court is unable to determine whether the purpose of bonds is moot. For this reason, Defendants' motion (R. [234]) is denied. Mailed notice. |
| 07/29/2024 | RESPONSE by Plaintiff ABC Corporation to motion to stay, [238] (De Preter, Matthew) |
| 07/24/2024 | CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendant Shenzhen Yipincheng Technology Co., Ltd USPTO Granting Ex Parte Reexamination of D974,856 Patent |
| 07/19/2024 | MINUTE entry before the Honorable M. David Weisman: Settlement conference held. All parties appeared via video conference. The parties were unable to reach a settlement in this matter, and there appears, at this point, little hope that settlement will be achieved based on the cavernous distance between the parties. Parties are remined that fact discovery closes on 8/30/24 [ECF [233]], subject to proceedings before the district court relating to staying discovery pending outcome of ex parte reexamination. See ECF [238], [239]. In other words, if the district court grants the pending motion to stay, this court will dutifully adjust the discovery schedule. If the district court does not grant the pending motion, this Court will be open to a very short extension time to complete fact discovery. All that said, discovery is not currently stayed. Status hearing set for 9/5/24 at 1:00 p.m. A joint status report shall be by noon on 9/4/24. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 07/15/2024 | MINUTE entry before the Honorable Thomas M. Durkin: The Court enters the following agreed briefing schedule as to the opposed motion to stay case pending outcome of ex parte reexamination [238]: Plaintiff's response is due by 7/29/2024; Defendants' reply is due by 8/5/2024. Mailed notice. |
| 07/15/2024 | MOTION by Defendants AIFINISTORE, AISITIN Authorize Store, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, BenicabeDirect, COLL CAM, DUKINE, Dreamcolor, EAR CLEAN, EARHOME, Ear Vision, Ear Wellness, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, GIRCamera, HappySmile Everyday, Heystop Official Store, Inim, LOYStore, LoykerOtoscope, MISONG, MLH.US.STORE, Macro Camera, QiYiEar, SUNPOLIN, Shenzhen Vision Health Technology Co., Ltd., Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, VANBAR, VITCOCO, YIEAR, YJH Inc, YM-US Co., Ltd, Yaejstore, YanKe Store, Yjear, huiyuedianzishangwu, ohuotoy store to stay Presented before District Judge 附件： 1:Exhibit 900 Patent Decision granting EPR 2:Exhibit 856 Patent EPR Request |
| 07/09/2024 | REPLY by Defendants AIFINISTORE, AISITIN Authorize Store, AOSITA, AOTOTEN-US, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, BenicabeDirect, COLL CAM, DUKINE, EAR CLEAN, EARHOME, Ear Camera, Ear Vision, Ear Wellness, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, GIRCamera, LOYStore, LoykerOtoscope, Shenzhen Yipincheng Technology Co., Ltd, YIEAR, YM-US Co., Ltd, Yaejstore, Yjear, ohuotoy store to memorandum in opposition to motion[236] |
| 07/02/2024 | MEMORANDUM by Heifeng Zhizao (Shenzhen) Technology Co., LTD d/b/a Bebird in Opposition to motion for release of bond obligation, [234] (De Preter, Matthew) |
| 06/24/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff shall respond to [234] by July 2, 2024. Defendants may reply by July 9, 2024. Mailed notice. |
| 06/22/2024 | MOTION by Defendants AISITIN Authorize Store, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, DUKINE, EAR CLEAN, EARHOME, Ear Camera, Ear Vision, Ear Wellness, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, Fadersal, GIRCamera, LOYStore, LoykerOtoscope, Macro Camera, QiYiEar, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, YIEAR, YM-US Co., Ltd, Yaejstore, ohuotoy store for release of bond obligation Presented before District Judge |
| 06/11/2024 | MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Discussion held regarding extension of discovery. Without objection, the fact discovery close date is extended to 8/30/24. Defendants' supplemental requests for production to be propounded by 6/18/24, and Defendants' additional deposition notices to be issued by 6/21/24. Depositions to be taken virtually. The Court encourages the parties to pursue any discovery they need for an effective settlement conference. Defendants to produce sales data by the end of the day today, 6/11/24. Video settlement conference set for 7/19/24 at 7:00 a.m. The Court explained its procedure for settlement conferences. Plaintiff's settlement letter shall be delivered to Defendants by 7/5/24 and Defendants' settlement letter shall be delivered to plaintiff by 7/12/24. Settlement letters are limited to 5 pages, excluding attachments. The parties must also submit their respective letters by email to Proposed_Order_Weisman@ilnd.uscourts.gov. Please note that settlement letters and documents are not to be filed on the CM-ECF system. Parties shall confer and send ONE email to Weisman_Chambers@ilnd.uscourts.gov by 7/12/24, identifying the email addresses of the individuals who intend to participate in the settlement conference. The parties do not object to the Court having ex parte discussions with counsel in advance of the settlement conference if the Court believes such conversations are warranted. Mailed notice |
| 06/07/2024 | STATUS Report Joint Status Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia) |
| 06/07/2024 | MINUTE entry before the Honorable M. David Weisman: Parties may appear in person or dial in using the Court's conference call-in number for the hearing scheduled for 6/11/24. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 05/23/2024 | MINUTE entry before the Honorable M. David Weisman: Motion hearing held. Discussion held regarding Defendants' emergency motion to compel answers in upcoming deposition occurring in Hong Kong [225]. As to Topic 13, because Defendants withdraw this issue, the motion as it relates to Topic 13 is denied as moot. Regarding Topic 50, as further stated on the record, the Court denies the motion to compel as to this issue because it is overbroad and unduly burdensome, and it would simply be unworkable to prepare a witness for such an expansive topic. As to Topic 61, because Defendants cannot explain why the location of where the patent was designed is relevant, this aspect of the motion to compel is denied. Regarding Topics 65-69, generally characterized as discovery on discovery, the Court noted that any concerns about discovery should have been litigated when Plaintiff responded to the request to produce; accordingly, the motion to compel as it relates to Topics 65-69 is denied. Regarding Topics 80-83, seeking Plaintiff's sales, Plaintiff states it is not claiming any lost profits, so the motion to compel responses to Topic 80 is denied in full, and Topics 81-83 are denied provisionally subject to reconsideration. As to Topics 81-83, the Court will entertain further limited additional written discovery on this issue, with appropriate leave of court, if it turns out that Defendants need this information, and they have a valid legal basis to obtain it. In addition, the Court may allow an additional deposition as to Topics 81-83, if necessary, but any further deposition need not occur in person. The Court denies Plaintiff's request for an award of costs because it does not find bad faith on Defendants' part in bringing the motion, and the motion promoted the efficient resolution of disputed issues). See Federal Rule of Civil Procedure 37(a)(5)(B) (award of attorney's fees not required if the circumstances surrounding the denied motion make the award of expenses unjust). Mailed notice |
| 05/22/2024 | MEMORANDUM by Heifeng Zhizao (Shenzhen) Technology Co., LTD d/b/a Bebird in Opposition to motion to compel, [225] and Cross Motion for Protective Order 附件： 1:Exhibit 1. Exemplary discovery responses of Defendants 2:Exhibit 2. Plaintiffs' objections to the notice of deposition of Shihong W 3:Exhibit 3. Plaintiffs' objections to the 30(b)(6) notice of deposition of |
| 05/22/2024 | MINUTE entry before the Honorable M. David Weisman: The Court will hear oral arguments on defendants' motion to compel [225] at tomorrow's (5/23/24) hearing. Mailed notice |
| 05/22/2024 | MINUTE entry before the Honorable M. David Weisman: Parties may appear in person or dial in using the Court's conference call-in number for the hearing scheduled for 5/23/24. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 05/22/2024 | NOTICE of Motion by Ruoting Men for presentment of motion to compel, [225] before Honorable M. David Weisman on 5/23/2024 at 09:30 AM. |
| 05/22/2024 | MOTION by Defendants AIFINISTORE, AISITIN Authorize Store, AOSITA, AOTOTEN-US, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, Barclays, BenicabeDirect, COLL CAM, EAR CLEAN, EARHOME, Ear Camera, Ear Vision, Ear Wellness, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, GIRCamera, HAMIQI, LOYStore, LoykerOtoscope, Macro Camera, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, YIEAR, YJH Inc, YM-US Co., Ltd, Yaejstore, Yjear, Yoobao, ohuotoy store to compel Plaintiff responses to Defendants' potential questions directed to Topics 13, 50, 61, 65-69, and 80-83 Presented before Magistrate Judge 附件： 1:Exhibit Plaintiff's objection to Defendants' deposition topics |
| 05/02/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Minute entry [222] is amended as follows. Attorney Fei Hu terminated. Mailed notice. |
| 05/01/2024 | MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. The parties argued their positions regarding the location of the depositions of Mr. Zhang and Mr. Wang. The Court ruled that depositions will take place in Hong Kong, and plaintiff's counsel can attend remotely, if they prefer. The depositions are to be completed by 5/31/24. The Court sets a status hearing for 6/11/24 at 9:15 a.m. A joint status report that sets forth the status of remaining discovery and the parties' settlement discussions and states whether the parties want to have a settlement conference or proceed with dispositive motions is due 6/7/24. Status hearing set for 6/6/24 and joint status report due on 6/3/24 are stricken. Mailed notice |
| 04/30/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Motion to withdraw as attorney [220] is granted. Attorneys Andrew Shea McElligott and Lyle Brent Vander Schaaf terminated. Mailed notice. |
| 04/29/2024 | STATUS Report Joint Status Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia) |
| 04/29/2024 | MOTION by Attorney Andrew McElligott, Lyle Vander Schaaf, and Fei Hu to withdraw as attorney for AISITIN Authorize Store, BenicabeDirect, Dreamcolor, EARHOME, Heystop Official Store, Inim, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, VITCOCO, YM-US Co., Ltd. No party information provided Presented before District Judge |
| 04/29/2024 | MINUTE entry before the Honorable M. David Weisman: Parties may appear in person or dial in using the Court's conference call-in number for the hearing scheduled for 5/1/24. The conference call-in number is 1-650-479-3207 and the access code is 2316 422 1828#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 04/29/2024 | MINUTE entry before the Honorable M. David Weisman: Parties may appear in person or dial in using the Court's conference call-in number for the hearing scheduled for 5/1/24. The conference call-in number is 1-650-479-3207 and the access code is 2316 422 1828#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 04/25/2024 | MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Discussion held regarding status of case. Counsel for both parties stated the parties are negotiating settlement between themselves but had no details. Court inquired of status of discovery, including status of subpoena on USPTO agent who initially assisted Plaintiff file their patent application. Defendants indicated the second patent agent has already agreed to be deposed. The Court is unclear as to relevance of the patent agents' testimony in this case given that Plaintiff confirmed it is standing on its patent application as is. According to Defendant, the issue is whether Plaintiff disclosed prior patents or patent applications and who made the decision about which disclosures to make. After discussion, Defendants indicated they will not pursue the patent agents' depositions at this time. Fact discovery is scheduled to close 6/14/24. Plaintiff and Plaintiff's company's depositions are scheduled for 5/28/24 and 5/29/24. Parties to discuss whether Defendants' depositions can proceed during that same period. Status hearing set for 6/6/24 at 1:00 p.m. Joint status report due by close of business on 6/3/24 setting forth the status of discovery and proposed dates for any extended discovery; a proposed deposition schedule; and whether the parties want a settlement conference. Defense counsel indicated potential difficulty with in-person depositions in China. Status hearing set for 5/1/24 at 9:15 a.m. for docket management purposes. Joint status report due 4/29/24 addressing the status of discussions on the location of the depositions and agreed-upon deponents. If the parties have reached resolution as to whether the May depositions will proceed in person or remotely as well as the individuals to be deposed, the Court will strike the 5/1/24 status hearing. Mailed notice |
| 04/18/2024 | STATUS Report by AISITIN Authorize Store, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, EAR CLEAN, EARHOME, Ear Vision, EarBeyond, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, GIRCamera, LOYStore, LoykerOtoscope, Macro Camera, Shenzhen Yipincheng Technology Co., Ltd, YIEAR, YM-US Co., Ltd, Yaejstore, Yjear, ohuotoy store Presented before Magistrate Judge |
| 04/18/2024 | STATUS Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia) |
| 04/10/2024 | ATTORNEY Appearance for Counter Claimants AISITIN Authorize Store, Heystop Official Store, NJ-US Co. Ltd, Defendants AISITIN Authorize Store, Heystop Official Store, NJ-US Co. Ltd by Tao Liu |
| 04/10/2024 | ATTORNEY Appearance for Defendants BenicabeDirect, EARHOME, MLH.US.STORE, QiYiEar, VANBAR, YM-US Co., Ltd, Counter Claimants BenicabeDirect, EARHOME, MLH.US.STORE, QiYiEar, VANBAR, YM-US Co., Ltd by Tao Liu |
| 04/10/2024 | ATTORNEY Appearance for Counter Claimants Dreamcolor, Inim, VITCOCO, Defendants Dreamcolor, Inim, VITCOCO by Tao Liu |
| 04/03/2024 | MINUTE entry before the Honorable M. David Weisman: The referral of this case having been reassigned to Magistrate Judge Weisman, the parties are directed to proceed with the schedule set by then-Magistrate Judge Harjani on 3/19/24 [209] and file a joint status report on 4/18/24 setting forth a brief background of the case; the status of discovery, including specifically whether the deadlines in the 3/19/24 minute order have been met; and the status of any settlement discussions. Status hearing set for 4/25/24 at 9:15 a.m. Mailed notice |
| 04/02/2024 | EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0009 IT APPEARING THAT Sunil R. Harjani has been appointed as a United States District Judge for the Northern District of Illinois; and IT FURTHER APPEARING THAT Judge Harjani is no longer sitting as a magistrate judge in the Eastern Division of this Court; and IT FURTHER APPEARING THAT the civil consent, civil referrals, and miscellaneous cases previously pending before Judge Harjani as a U.S. magistrate judge requires reassignment; therefore IT IS HEREBY ORDERED THAT the cases in the attached list are to be reassigned accordingly to the magistrate judge listed. It is also ordered that subsequent referrals where Judge Harjani was the designated magistrate judge, the Clerk shall randomly reassign to another magistrate judge of this Court pursuant to Local Rule 40.1. Case referred to the Honorable M. David Weisman. Signed by Executive Committee on 4/2/24. |
| 03/19/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 3/21/2024 is stricken and reset to 4/18/2024 at 9:15 a.m. By 4/12/2024, the parties shall file a joint status report with an update on fact discovery and the status of any settlement discussions. The Court has reviewed the latest Joint Status Report [208] which reports on several outstanding discovery issues. To assist in moving fact discovery along, the Court sets the following deadlines: (1) the time, date, method, and location of the depositions of Shihong Wang, the company representative of Plaintiff, and Raymond J. Chew shall be set by 4/11/2024; (2) by 4/8/2024, Defendants shall provide a date and time that Plaintiff may inspect physical exemplars of Defendants' accused products pursuant to its discovery requests; (3) by 4/8/2024, the Glacier Defendants shall serve Plaintiff with a deficiencies letter, outlining areas that they believe need to be addressed in supplemental productions; (4) by 4/8/2024, Plaintiff shall provide the samples of its products that allegedly embody the claimed designs and its past sales records for these products. If the parties seek adjustments to this schedule, they must file a motion demonstrating good cause. All outstanding discovery disputes must be discussed via videoconference or in person. The parties shall attempt to resolve discovery issues through good faith compromise without Court intervention. The parties are reminded that all fact will close on 6/14/2024. Mailed notice |
| 03/14/2024 | STATUS Report Joint Status Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia) |
| 03/04/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file excess pages for reply [73] is terminated as moot. Mailed notice. |
| 02/27/2024 | NOTICE of Voluntary Dismissal by ABC Corporation of Certain Defendants (Quezada Hastings, Sofia) |
| 02/21/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 2/22/2024 is stricken and reset to 3/21/2024 at 9:15 a.m. By 3/14/2024, the parties shall file a joint status report with an update on fact discovery, including confirmed deposition dates for all deponents, and the status of any settlement discussions. The Court has reviewed the latest Status Report [204]. The parties shall meet and confer in person or by videoconference as many times as necessary to work through the discovery production issues raised in the Status Report. The next joint status report shall include an update on the results of the parties' meet and confer efforts. Regarding depositions, Plaintiff did not serve any notices of depositions on Defendants. Defendants report that they intend to take the depositions of Plaintiff Bebird and Shihong Wang in April and May, 2024 as well as depositions via subpoenas of the two attorneys who prosecuted the asserted patents. The parties did not provide confirmed deposition dates, despite the Court's 12/13/2023 order that a list of all deponents with confirmed dates shall be included in the Status Report. See Doc. 181. The fact discovery deadline of 6/14/2024 stands. Mailed notice |
| 02/15/2024 | STATUS Report Joint Status Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia) |
| 02/12/2024 | AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Sunil R. Harjani on 2/12/2024. Mailed notice |
| 02/12/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for entry of agreed protective order [201] is granted. Counsel shall submit the proposed order via email to Proposed_Order_Harjani@ilnd.uscourts.gov. Mailed notice |
| 02/06/2024 | MOTION by Plaintiff ABC Corporation for Entry of Agreed Protective Order Presented before Magistrate Judge 附件： 1:Text of Proposed Order Proposed Protective Order |
| 02/04/2024 | TRANSCRIPT OF PROCEEDINGS held on 12/15/2023 before the Honorable Thomas M. Durkin. Preliminary Injunction - Volume 2. Order Number: 47616. Court Reporter Contact Information: Elia E. Carrion, EECarrionOfficialTranscript@gmail.com, 312.408.7782. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/26/2024. Redacted Transcript Deadline set for 3/6/2024. Release of Transcript Restriction set for 5/6/2024. |
| 02/04/2024 | TRANSCRIPT OF PROCEEDINGS held on 12/11/2023 before the Honorable Thomas M. Durkin. Preliminary Injunction - Volume 1. Order Number: 47545. Court Reporter Contact Information: Elia E. Carrion, EECarrionOfficialTranscript@gmail.com, 312.408.7782. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/26/2024. Redacted Transcript Deadline set for 3/6/2024. Release of Transcript Restriction set for 5/6/2024. |
| 01/10/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice [197] is granted. Attorney Fei Hu for AISITIN Authorize Store, BenicabeDirect, EARHOME, Heystop Official Store, Inim, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, VITCOCO, and YM-US Co., Ltd added. Mailed notice. |
| 01/10/2024 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21507404. Presented before District Judge 附件： 1:Exhibit List of Defendants |
| 01/08/2024 | FULL SATISFACTION of Judgment in the amount of 79,756.08 of certain defendants |
| 01/05/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice [194] is granted. Attorney Lyle Brent Vander Schaaf for AISITIN Authorize Store, BenicabeDirect, EARHOME, Heystop Official Store, Inim, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, VITCOCO, and YM-US Co., Ltd added. Mailed notice. |
| 01/05/2024 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21492644. Presented before District Judge 附件： 1:Exhibit List of Defendants 2:Exhibit List of Courts |
| 01/04/2024 | MEMORANDUM Opinion and Order: For the reasons stated in the attached order, Plaintiff's motion to dismiss, R. [127], is denied. Signed by the Honorable Thomas M. Durkin on 1/4/2024. Mailed notice. |
| 01/04/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Regarding the Motions for Clarification [189, 191], the Court entered an order on December 18, 2023 [187] that Plaintiff's Motion for Preliminary Injunction [46] was denied as to all appearing defendants. The Court's order [187] applies equally to all defendants who have: 1) filed an answer to the complaint [1]; 2) filed a notification as to affiliates in accordance with Local Rule 3.2; and 3) appeared in Court for the preliminary injunction hearing and argument on December 11 and December 15, 2023, as represented by either Crowell & Moring LLP or Glacier Law LLP. To the extent the preliminary injunction was previously entered [79] against a defendant who meets the above requirements, such defendants are no longer subject to the preliminary injunction. As specified in Court on December 15, 2023, this is without prejudice to Plaintiffs' right to pursue injunctive relief against such defendants as the case develops. Mailed notice. |
| 01/02/2024 | MOTION by Defendants Inim, VITCOCO to clarify scope of Court's December 18 Order Denying Plaintiff's Motion for Preliminary Injunction Presented before District Judge |
| 12/28/2023 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. |
| 12/27/2023 | MOTION by Defendants AIFINISTORE, DUKINE, Ear Camera, Earwax Tools Store, Fadersal, GIRCamera, Macro Camera, YIEAR, Yaejstore, Yjear to clarify Presented before District Judge |
| 12/18/2023 | MINUTE entry before the Honorable Thomas M. Durkin: Minute entry [187] is corrected as follows. In court closing arguments held on 12/15/2023. The remainder of the entry stands. Mailed notice. |
| 12/18/2023 | MINUTE entry before the Honorable Thomas M. Durkin: In court closing arguments held on 12/18/2023. For reasons stated on the record, Plaintiff's Motion for Preliminary Injunction [46] is denied as to appearing defendants and Plaintiff's Motion to Strike [184] is denied without prejudice. The Court will rule by mail as to Plaintiff's Motion to Dismiss [127]. Mailed notice. |
| 12/17/2023 | Notice of Preliminary Injunction Hearing Materials by ABC Corporation 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 7:Exhibit 7 8:Exhibit 8 |
| 12/14/2023 | MEMORANDUM by ABC Corporation in support of motion to strike[184] the Opinion of Certain Defendants' Proffered Expert, James M. Gandy (Quezada Hastings, Sofia) |
| 12/14/2023 | MOTION by Plaintiff ABC Corporation to strike other, [63] the Opinion of Certain Defendants' Proffered Expert, James M. Gandy Presented before District Judge (Quezada Hastings, Sofia) |
| 12/14/2023 | MINUTE entry before the Honorable Thomas M. Durkin: In Court closing arguments set for 12/15/2023 at 2:00 p.m. Counsel who are unavailable to appear in person may appear by video. The call-in number is (650) 479-3207 and the call-in ID is 180 815 7648. Counsel of record will receive an email with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 12/13/2023 | Notice of Lodging of Heifeng Zhizao (Shenzhen) Technology Co., Ltd.'s corporate credit information disclosure report by Shenzhen Yipincheng Technology Co., Ltd 附件： 1:Exhibit A |
| 12/13/2023 | MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 12/14/2023 is stricken and reset to 2/22/2024 at 9:15 a.m. By 2/15/2024, the parties shall file a joint status report with an update on fact discovery, including a list of all deponents with confirmed deposition dates, and any settlement discussions. The Court has reviewed the latest Status Report [177] which advises that the parties exchanged Rule 26(a)(1) disclosures and Plaintiff and the Glacier Law defendants issued written discovery requests. Defendants shall provide responses to Plaintiff's written discovery requests by 12/18/2023, and Plaintiff shall provide responses to the Glacier Law defendants by 12/29/2023. The parties are reminded that notices of depositions with agreed upon dates shall be issued by 2/9/2024 and the fact discovery deadline of 6/14/2024 stands. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 12/11/2023 | MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 12/11/2023 regarding motion for preliminary injunction [46], motion to dismiss [127]. Mailed notice. |
| 12/11/2023 | MINUTE entry before the Honorable Thomas M. Durkin: To listen in remotely to the hearing set for 12/11/2023 at 10:00 a.m., the call-in number is (650) 479-3207 and the call-in ID is 180 815 7648. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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