最近更新：2024-12-25
2021-cv-00818
| 日期 | 描述 |
|---|---|
| 03/09/2023 | FULL SATISFACTION of Judgment regarding order[54] in the amount of the Judgment Amount as to certain defendant |
| 12/23/2021 | FULL SATISFACTION of Judgment regarding order 54 in the amount of the Judgment Amount as to certain defendants |
| 06/17/2021 | RETURN of U.S. Post Office Receipt article #7019 2280 0000 0962 6985 sent to Justin R. Gaudio, of Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606 |
| 06/09/2021 | MAILED patent report along with copy of order dated 06/08/2021 to Patent Trademark Office, Alexandria VA. |
| 06/08/2021 | MINUTE entry before the Honorable Martha M. Pacold: In light of the dismissal of Defendants efancy at Line No. 26, Hoseten-C at Line No. 24, Jimfoty at Line No. 34, Mootea310 at Line No. 38, and Qionii at Line No. 39, the court strikes the status report deadline for 6/9/2021. Civil case terminated. |
| 06/04/2021 | ORDER Defendants Hoseten-C at Line No. 20; efancy at Line No. 26; Jimfoty at Line No. 34; Mootea310 at Line No. 38; Qionii at Line No. 39; Wxiannv at Line No. 43; Xjianhua at Line No. 44; and Liqing0917 at Line No. 45 are hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) 55 filed by Plaintiff on 6/4/2021. Signed by the Honorable Martha M. Pacold on 6/4/2021: Mailed notice |
| 06/04/2021 | FULL SATISFACTION of Judgment regarding order 54 in the amount of the Judgment Amount as to certain defendant |
| 06/04/2021 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants |
| 06/02/2021 | MAILED out the ten thousand dollars ($10,000) surety bond posted Plaintiff to Justin R. Gaudio, of Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606 via Certified mail Receipt Article Number: 7019 2280 0000 0962 6985. |
| 06/02/2021 | FINAL JUDGMENT ORDER UNDER RULE 54(b): Signed by the Honorable Martha M. Pacold on 6/2/2021: Mailed notice |
| 06/02/2021 | ORDER In the court's 5/14/2021 minute entry, it gave all defendants until 5/24/2021 to object to plaintiff's motion for entry of default and default judgment as to the defendants identified on Schedule A, with the exception of certain defendants [48]. See [52]. To date, no defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment [48] against all defendants identified on Schedule A, with the exception of Defendants efancy, Hoseten-C, Jimfoty, Mootea310, and Qionii, and finds that there is no just reason for delay. See Fed. R. Civ. P. 54(b). Based on the evidence submitted in support of plaintiff's motion and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded as set forth in the Final Judgment Order Under Rule 54(b), and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its design patent causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff or their counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Justin R. Gaudio, of Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order Under Rule 54(b) as to all defendants, except Defendants efancy, Hoseten-C, Jimfoty, Mootea310, and Qionii, on Schedule A attached to the Final Judgment Order Under Rule 54(b). Plaintiff is directed to file a status report by 6/9/2021 as to the status of the claims against Defendants efancy, Hoseten-C, Jimfoty, Mootea310, and Qionii, including proposed next steps in the case. Signed by the Honorable Martha M. Pacold on 6/2/2021: Mailed notice |
| 05/14/2021 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 48 must enter an appearance and file a written objection by 5/24/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
| 05/13/2021 | ORDER: Defendants Wxiannv at Line No. 43, Xjianhua at Line No. 44, and Liqing0917 at Line No. 45 are hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) [47] filed by Plaintiff on 5/13/2021. Signed by the Honorable Martha M. Pacold on 5/13/2021. Mailed notice |
| 05/13/2021 | NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for entry of default as to the Defendants identified on Schedule A, with the exception of certain DefendantsMOTION by Plaintiff Oakley, Inc. for default judgment as to the Defendants identified on Schedule A, with the exception of certain Defendants[48] |
| 05/13/2021 | MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment, [48] 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 05/13/2021 | MOTION by Plaintiff Oakley, Inc. for entry of default as to the Defendants identified on Schedule A, with the exception of certain Defendants, MOTION by Plaintiff Oakley, Inc. for default judgment as to the Defendants identified on Schedule A, with the exception of certain Defendants |
| 05/13/2021 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants |
| 04/16/2021 | SUMMONS Issued as to Defendant "The Partnerships and all other Defendants identified in the Complaint" |
| 04/15/2021 | ORDER: The Clerk of Court is directed to issue a single original summons in the name of "The Partnerships and all other Defendants identified in the Complaint" that shall apply to all Defendants. The Clerk of Court is directed to unseal Schedule A to the complaint [2], Exhibit 1 to the complaint [3], Exhibit 2 to the Declaration of Jason Groppe [15], and the TRO [27]. Signed by the Honorable Martha M. Pacold on 4/15/2021. Mailed notice |
| 04/15/2021 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/15/2021: |
| 04/15/2021 | MINUTE entry before the Honorable Martha M. Pacold: Motion hearing held on 4/15/2021 regarding motion for preliminary injunction[38]. No defendant appeared or filed a written objection to the motion. Plaintiff's motion for preliminary injunction [38] is granted for the reasons stated in open court and for the reasons outlined in the Memorandum in Support [39]. |
| 04/08/2021 | SEALED EXTENDED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/8/2021: |
| 04/08/2021 | MINUTE entry before the Honorable Martha M. Pacold: Telephonic motion hearing held 4/8/2021 on plaintiff's ex parte motion to extend the temporary restraining order [34]. For the reasons given in the Sealed Extended Temporary Restraining Order (and discussed on the record), plaintiff's ex parte motion to extend the temporary restraining order [34] to 4/15/2021 is granted (for seven days, until the hearing on the motion for preliminary injunction, as requested at the 4/8/2021 hearing, rather than 14 days as requested in the motion [34]). Enter Sealed Extended Temporary Restraining Order. Telephonic hearing on plaintiff's motion for preliminary injunction [38] is set for 4/15/2021 at 10:30 a.m. The call-in number is 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against recording or rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions deemed necessary by the court. The court has taken the motion for preliminary injunction [38] under advisement and will consider the motion unopposed if no party appears and files a written objection by 4/14/2021 or appears and objects at the preliminary injunction hearing on 4/15/2021. Plaintiff shall serve defendants with this notice. |
| 04/07/2021 | SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/7/2021, answer due 4/28/2021. 附件： 1:Declaration of Thomas J. Juettner |
| 04/07/2021 | NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for preliminary injunction [38] |
| 04/07/2021 | MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[38] 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 04/07/2021 | MOTION by Plaintiff Oakley, Inc. for preliminary injunction |
| 04/07/2021 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 04/07/2021 | MINUTE entry before the Honorable Martha M. Pacold: The court will hold a hearing on Plaintiff's ex parte motion to extend the Temporary Restraining Order [34] on 4/8/2021 at 10:30 a.m. |
| 04/05/2021 | NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order[34] |
| 04/05/2021 | MEMORANDUM by Oakley, Inc. in support of extension of time[34] 附件： 1:Declaration of Justin R. Gaudio |
| 04/05/2021 | MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order |
| 03/23/2021 | EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/23/2021: |
| 03/23/2021 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order [29] to 4/8/2021 is granted. |
| 03/22/2021 | NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order[29] |
| 03/22/2021 | MEMORANDUM by Oakley, Inc. in support of extension of time[29] 附件： 1:Declaration of Justin R. Gaudio |
| 03/22/2021 | MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order |
| 03/17/2021 | SURETY BOND in the amount of $ 10,000.00 posted by Oakley, Inc. (Document not imaged) |
| 03/11/2021 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/11/2021: |
| 03/11/2021 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions [4], [11], [16], the supporting memoranda [12], [17], the memorandum in support of joinder [23], and the temporary restraining order, Plaintiff's motions for leave to file under seal [4], for electronic service of process [16], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery [11] are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement of Plaintiff's design patent and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest "because infringement interferes with the property rights inherent in Plaintiff's patent, including Plaintiff's right to control its design. Those rights cannot be fully compensated by money damages. The harm to Plaintiff's patent rights may be more compensable through damages than in other similar trademark cases brought by counsel. Patent protection is not intended to address public perception of the source of goods; consumer confusion is a less weighty concern here. Nevertheless, there is some irreparable harm and there is no countervailing harm to defendants from an order directing them to stop infringement." Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 1:20-cv-05972 (N.D. Ill. May 22, 2020) (Docket No. 33). Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether Plaintiff genuinely intends to pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity (including evidence that defendants are selling the identical product from "one or a few common suppliers," see Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 1:21-cv-00536 (N.D. Ill. Mar. 6, 2021) (Docket No. 14)) and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
| 03/11/2021 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed Plaintiff's response to the court's 2/22/2021 minute entry, which directed Plaintiff to show cause why joinder of all defendants listed on Schedule A is proper. See [22], [23]. For purposes of the show-cause order [22], the court finds that Plaintiff has discharged its obligation to show that the joinder requirements of 28 U.S.C. § 299 and Rule 20 have been met. See Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 1:21-cv-00536 (N.D. Ill. Mar. 6, 2021) (Docket No. 14). |
| 03/09/2021 | NOTICE OF RECENT RELATED DECISION by Oakley, Inc. 附件： 1:Exhibit 1 |
| 03/08/2021 | MEMORANDUM by Oakley, Inc. Establishing that Joinder is Proper 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 3:Exhibit 2 4:Exhibit 3 5:Exhibit 4 |
| 02/22/2021 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motions for leave to file under seal [4], for electronic service of process [16], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery [11]. These motions are taken under advisement, and the court directs plaintiff to show cause by 3/8/2021 why joinder of all defendants listed on Schedule A is proper. Plaintiff's response should address both 35 U.S.C. § 299 and Rule 20, along with any other authority plaintiff believes is relevant. |
| 02/17/2021 | Notice of Claims Involving Patents by Oakley, Inc. |
| 02/17/2021 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. |
| 02/17/2021 | NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[11], MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [16], MOTION by Plaintiff Oakley, Inc. for leave to file under seal[4] |
| 02/17/2021 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 02/17/2021 | MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[16] |
| 02/17/2021 | MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 02/17/2021 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibits 2 - Parts 1-2 regarding declaration[14] |
| 02/17/2021 | DECLARATION of Jason Groppe regarding memorandum in support of motion[12] 附件： 1:Exhibit 1 |
| 02/17/2021 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 02/17/2021 | MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[11] |
| 02/17/2021 | MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 02/16/2021 | MAILED patent report to Patent Trademark Office, Alexandria VA. |
| 02/12/2021 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. |
| 02/12/2021 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner |
| 02/12/2021 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen |
| 02/12/2021 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler |
| 02/12/2021 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. |
| 02/12/2021 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio |
| 02/12/2021 | CIVIL Cover Sheet |
| 02/12/2021 | MOTION by Plaintiff Oakley, Inc. for leave to file under seal |
| 02/12/2021 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-2 regarding complaint[1] 附件： 1:Exhibit 1-1 2:Exhibit 1-2 |
| 02/12/2021 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1] |
| 02/12/2021 | COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number 0752-17926650. 附件： 1:Exhibit 2 2:Exhibit 3 3:Exhibit 4 4:Exhibit 5 |
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