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2024-cv-03943
| 日期 | 描述 |
|---|---|
| 10/25/2024 | MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 10/25/24. Defendant #19 present in person via defense counsel. No defendant objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction 38. Accordingly, and based upon the same findings made in this Court's TRO 32, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 38. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff shall file an updated status report by 12/13/24, and Plaintiff's counsel shall add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice |
| 10/23/2024 | ATTORNEY Appearance for Defendant MOMOK by Jeffrey Louis Grinde, Jr |
| 10/23/2024 | ATTORNEY Appearance for Defendant MOMOK by Daniel I. Konieczny |
| 10/23/2024 | MINUTE entry before the Honorable John Robert Blakey: Defendant MOMOK's unopposed motion for extension of time to file answer 43 is granted and any answer shall be filed on or before 11/25/2024. Motion hearing set for 10/30/2024 is stricken. Mailed notice |
| 10/21/2024 | MOTION by Defendant MOMOK for extension of time to file answer regarding amended complaint, [23] UNOPPOSED |
| 10/11/2024 | MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 37, this case is dismissed without prejudice as to Defendants shop1102899441 (Defendant No. 37), AnDot Bag Store(Defendant No. 38), Llin Gui Na Store(Defendant No. 39), Shop910544265 Store(Defendant No. 40) and SUCH BEAUTIFUL Store(Defendant No. 41). Mailed notice |
| 10/07/2024 | MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, Plaintiff's motion for preliminary injunction 38 is entered and continued to 10/25/24 at 11:00 in Courtroom 1203. The 10/9/24 Notice of Motion date is stricken. Mailed notice |
| 10/04/2024 | NOTICE of Motion by Xiyan Zhang for presentment of motion for preliminary injunction, 38 before Honorable John Robert Blakey on 10/9/2024 at 11:00 AM. |
| 10/04/2024 | MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. for preliminary injunction 附件： 1:Supplement Brief in Support of Motion 2:Declaration in Support of Motion 3:(Text of Proposed Order for Preliminary Injunction) |
| 10/04/2024 | NOTICE of Voluntary Dismissal by Shenzhen HongHongJing Trading Co. Ltd. |
| 10/01/2024 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion [34] to extend the temporary restraining order entered 9/17/21 [32]. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 10/15/24. The 10/2/24 Notice of Motion date is stricken. The Court denies as moot Plaintiff's motion to deposit funds [33]. Mailed notice |
| 09/27/2024 | SUMMONS Issued as to Defendant THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A |
| 09/25/2024 | NOTICE of Motion by Xiyan Zhang for presentment of motion for miscellaneous relief 33, extension of time 34 before Honorable John Robert Blakey on 10/2/2024 at 11:00 AM. |
| 09/25/2024 | MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. for extension of time 附件： 1:Supplement Brief in Support of Motion 2:(Declaration in Support of Motion) |
| 09/23/2024 | MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd.to deposit funds with the Court. (Received by Intake Counter on 9/23/24). |
| 09/17/2024 | SEALED ORDER Signed by the Honorable John Robert Blakey on 9/17/2024. Mailed notice |
| 09/17/2024 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff having submitted a proposed order, the Court grants Plaintiff's motion for entry of a sealed temporary restraining order 25. Enter Sealed Order. Absent further order, this TRO will expire 9/30/24. Mailed notice |
| 07/23/2024 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff may proceed on its third amended complaint, which incorporates the Court's dismissal of Defendants identified in the second amended complaint. The Court grants Plaintiff's motions for leave to file under seal 24, 26 and for electronic service of process 27. The Court takes under advisement Plaintiff's third ex parte motion for entry of a sealed temporary restraining order 25 pending receipt of a proposed order that attaches the Schedule A listing all targeted Defendants. The 7/24/24 Notice of Motion date is stricken. Mailed notice |
| 07/16/2024 | PLAINTIFF'S RE-NOTICE OF PRESENTMENT FOR PLAINTIFF'S MOTIONS TO FILE UNDER SEAL, THIRD EX PARTE MOTION FOR ENTRY OF A SEALED TEMPORARY RESTRAINING ORDER AND OTHER RELIEF, AND PLAINTIFF'S MOTION FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) FOR JULY 24, 2024, AND WITHDRAWAL OF NOTICE OF PRESENTMENT FILED ON JULY 12 (ECF 28) NOTICE of Motion by Pete Scott Wolfgram for presentment of motion to seal 26, Sealed motion, 25, motion for miscellaneous relief, 27, Sealed motion 24 before Honorable John Robert Blakey on 7/24/2024 at 11:00 AM. |
| 07/12/2024 | NOTICE of Motion by Xiyan Zhang for presentment of motion to seal 26, Sealed motion, 25, motion for miscellaneous relief, 27, Sealed motion 24 before Honorable John Robert Blakey on 7/17/2024 at 11:00 AM. |
| 07/12/2024 | MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. for Electronic Service Process pursuant to Fed. R. Civ. P. 4(f)(3) 附件： 1:Supplement Brief in Support of Motion 2:Declaration by Pete Wolfgram in Support of the Motion 3:(Exhibit 1 to the Declaration) |
| 07/12/2024 | MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. to seal Plaintiff's Third TRO Request |
| 07/12/2024 | SEALED MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. PLAINTIFF'S THIRD EX PARTE MOTION FOR ENTRY OF A SEALED TEMPORARY RESTRAINING ORDER 附件： 1:Supplement Brief in Support of Motion 2:(Declaration of Zhan in Support of Motion) |
| 07/12/2024 | SEALED MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. 附件： 1:Text of Proposed Order PROPOSED order 2:Exhibit 1 - Part 1 3:Exhibit 2 - Part 2 4:Exhibit 2 5:(Exhibit Schedule A) |
| 07/12/2024 | THIRD AMENDED complaint by Shenzhen HongHongJing Trading Co. Ltd. against THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit Schedule A) |
| 07/03/2024 | MINUTE entry before the Honorable John Robert Blakey: Having reviewed Plaintiff's second amended complaint 15, which claims patent infringement against 51 separate Defendants, 15, the Court finds that the complaint may not proceed as to certain Defendants. The documents attached to the complaint undermine Plaintiff's claim of infringement as to Defendant No. 12, as the allegedly infringing product has an attached handle, which is not present in the patented design. See [21-3] at 49. Additionally, the screenshot evidence fails to support the personal jurisdiction allegations as to Defendants 20, 21, 25, 31, 40, 41, 42, 43, and 48. See [21-4] at 3; [21-4] at 7, 22, 47; [21-5] at 19-21, 23-25, 27, 31; [21-6] at 15. Accordingly, the Court dismisses this case as to Defendants 12, 20, 21, 25, 31, 40, 41, 42, 43, and 48. Plaintiff may proceed on its complaint as to the remaining Defendants (Nos. 1-11, 13-19, 22-24, 26-30, 32-39, 44-47, and 49-51), and the Court finds, based upon Plaintiff's allegations, that joinder of these Defendants in a single action remains proper. For example, Plaintiff alleges that the Defendant Internet Stores "share unique identifiers, such as using the same product images, same advertising, design elements and similarities of the infringing products offered for sale, indicating the products originate from the same Chinese factory"; that "Defendants all sell and/or offer for sale the same infringing products with minor variations as well as similar if not identical product images and descriptions as shown in Exhibit 1"; that the "infringing products are nearly identical and appear to originate from the same Chinese factory"; and that defendants' stores "include notable common features beyond selling the exact same infringing product, including the same product images, the accepted payment methods, check-out methods, lack of contact information, identically or similarly priced items, and the use of the same text and images." 15 2, 11, 12, 15. For present purposes, such allegations satisfy the "series of transactions or occurrences" requirement of § 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2), and Plaintiff may proceed against Defendants 1-11, 13-19, 22-24, 26-30, 32-39, 44-47, and 49-51 in this single action. The Court denies Plaintiff's motion to seal 21 for failing to comply with this Court's standing orders, which require all motions to be noticed for presentment. Mailed notice |
| 07/01/2024 | SEALED MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. (Attachments: # (1) Text of Proposed Order to Seal Amended Complaint, # (2) Exhibit Schedule A, # (3) Exhibit 1 - Part 1, # (4) Exhibit 1 - Part 2, # (5) Exhibit 1 - Part 3, # (6) Exhibit 1 - Part 4, # (7) Exhibit 2) |
| 06/25/2024 | MINUTE entry before the Honorable John Robert Blakey: The Court strikes Plaintiffs' motions 16, 17, 18, for failing to comply with this Court's standing orders and strikes the 6/26/24 Notice of Motion date. Mailed notice (gel,) |
| 06/24/2024 | MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. to seal PLAINTIFF'S SECOND EX PARTE MOTION FOR ENTRY OF A SEALED TEMPORARY RESTRAINING ORDER AND OTHER RELIEF |
| 06/24/2024 | SEALED MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. PLAINTIFF'S SECOND EX PARTE MOTION FOR ENTRY OF A SEALED TEMPORARY RESTRAINING ORDER AND OTHER RELIEF (Attachments: # (1) Supplement Brief in Support of Motion, # (2) Declaration in Support of Motion) |
| 06/24/2024 | SEALED MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. Motion to Seal Second Amended Complaint (Attachments: # (1) Text of Proposed Order to Seal Second Amended Complaint, # (2) Exhibit Schedule A, # (3) Exhibit 1 - Part 1, # (4) Exhibit 1 - Part 2, # (5) Exhibit 1 - Part 3, # (6) Exhibit 1 - Part 4, # (7) Exhibit 2) |
| 06/24/2024 | SECOND AMENDED complaint by Shenzhen HongHongJing Trading Co. Ltd. against THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit Schedule A |
| 06/18/2024 | MINUTE entry before the Honorable John Robert Blakey: In this patent infringement case, Plaintiff seeks to join 154 defendants in a single suit. Under 35 U.S.C. § 299, "parties that are accused infringers may be joined in one action as defendants. only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action. Id. § 299(a). The statute specifically provides that "accused infringers may not be joined in one action as defendants. based solely on allegations that they each have infringed the patent or patents in suit." Id. § 299(b). Plaintiff's complaint, which lumps all Defendants together, alleges on information and belief that "Defendants are an interrelated group of infringers working in active concert to knowingly and willfully make, use, offer for sale, sell, and/or import into the United States for subsequent sale or use products that infringe directly and/or indirectly the Patent in the same transaction, occurrence, or series of transactions or occurrences. For example, Defendants all sell and/or offer for sale the same infringing products with minor variations as well as similar if not identical product images and descriptions as shown in Exhibit 1." 5 10. But a cursory review of the exhibits attached to the complaint suggests otherwise. Plaintiff submitted a copy of the asserted patent, which consists of a single claim and eight figures depicting a cosmetic bag with a double zipper running across the top side with the handle and then diagonally down the sides of the bag. See [7-7]. Although some of the screenshot evidence shows bags that are obviously similar in design, much of it does not. For example, some of the screenshot evidence shows bags whose handles are adorned with rivets or buckles, neither of which are present in the patent drawing sheets. See, e.g., [7-3] at 3, 8, 36, 83, 127, 131, 156; [7-4] at 98, 106, 111, 119, 123, 131, 135, 139, 144, 159, 163, 167. Other screenshot evidence shows bags with zippers dissimilar to those in the drawing sheets. See, e.g., [7-3] at 3, 24, 36, 52, 87; [7-4] at 123, 139, 167; [7-5] at 18. Other screenshots show dissimilar bag patterns or markings. See, e.g., [7-3] at 32, 71; [7-4] at 127, 144; [7-5] at 67. One shows a handle looping off the side, rather than affixed at both ends on the top. [7-5] at 63. Such variations undermine Plaintiff's allegations in support of joinder. They also undermine Plaintiff's claimed likelihood of success on the merits. A design patent is infringed "if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to be the other." Ethicon Endo-Surgery, Inc. v. Covidien, Inc., 796 F.3d 1312, 1335 (Fed. Cir. 2015) (citing Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 670 (Fed.Cir. 2008)). "As with utility patents, the patentee must prove infringement of a design patent by a preponderance of the evidence," and "where the claimed and accused designs are 'sufficiently distinct' and 'plainly dissimilar,' the patentee fails to meet its burden of proving infringement as a matter of law." Id. (quoting Egyptian Goddess, 543 F.3d at 678-79). Here, that is the case with respect to many of the allegedly infringing products. As a result, the Court denies the motion for TRO and dismisses the complaint 5. To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to cure the deficiencies noted here, it may file an amended complaint by 7/2/24. If Plaintiff proceeds, counsel must first file an updated appearance form that establishes compliance with the Local Rules. In particular, Local Rule 83.12 provides that "only members in good standing of the general bar of this Court may enter an appearance on behalf of a party; file pleadings, motions or other documents; sign stipulations; or receive payments upon judgments, decrees or orders." Plaintiff's counsel filed appearance forms that differ from the form available on the Court's website in that they omit the question of whether counsel are, in fact, members of the general bar. Mailed notice (gel,) |
| 06/17/2024 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motions to seal 6, 7, 9, but denies Plaintiff's motion for entry of a sealed temporary restraining order 8 because Plaintiff appears to have filed an incomplete version of its patent. To evaluate Plaintiff's infringement claims and claims concerning the appropriateness of joining 154 Defendants in this single action, it must file a complete copy of the patent (including the claim(s)). The 6/19/24 Notice of Motion date is stricken. Mailed notice (gel,) |
| 06/14/2024 | MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. to seal Motion for Entry of TRO |
| 06/14/2024 | SEALED MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. (Attachments: # (1) Supplement Brief in Support of Motion, # (2) Declaration in Support of Motion) |
| 06/14/2024 | SEALED MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. (Corrected Motion) (Attachments: # (1) Text of Proposed Order Proposed Order, # (2) Exhibit A, # (3) Exhibit 1 - Part 1, # (4) Exhibit 1 - Part 2, # (5) Exhibit 1 - Part 3, # (6) Exhibit 1 - Part 4, # (7) Exhibit 2, # (8) Errata Notice of Errata) |
| 06/14/2024 | SEALED MOTION by Plaintiff Shenzhen HongHongJing Trading Co. Ltd. (Attachments: # (1) Text of Proposed Order Proposed Order, # (2) Exhibit Schedule A, # (3) Exhibit 1 - Part 1, # (4) Exhibit 2 - Part 2, # (5) Exhibit 3- Part 3, # (6) Exhibit 4- Part 4) |
| 06/14/2024 | FIRST AMENDED complaint by Shenzhen HongHongJing Trading Co. Ltd. against THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit A |
| 05/15/2024 | CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
| 05/15/2024 | CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category One). |
| 05/15/2024 | ATTORNEY Appearance for Plaintiff Shenzhen HongHongJing Trading Co. Ltd. by Pete Scott Wolfgram |
| 05/15/2024 | ATTORNEY Appearance for Plaintiff Shenzhen HongHongJing Trading Co. Ltd. by Xiyan Zhang |
| 05/15/2024 | CIVIL Cover Sheet |
| 05/15/2024 | COMPLAINT filed by Shenzhen HongHongJing Trading Co. Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21966499. 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit Schedule A) |
