最近更新：2024-12-25
2024-cv-05905
| 日期 | 描述 |
|---|---|
| 12/16/2024 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 12/16/2024. Emailed notice. |
| 12/16/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [47] is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's intellectual property irreparably harms Plaintiff and confuses the public. Considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $15,000 is an appropriate award of damages against the remaining defendant. However, treble damages and attorney's fees are not warranted because Plaintiff has not met its burden of establishing the requisite level of willfulness to warrant that additional relief. See Kenall Mfg. Co. v. Cooper Lighting, LLC, 723 F. Supp. 3d 640, 656 (N.D. Ill. 2024) ("[T]o establish willfulness, a patentee must show that the accused infringer had a specific intent to infringe at the time of the challenged conduct."). Enter Final Judgment Order. Civil case terminated. Emailed notice. |
| 11/12/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Its Motion for Entry of Default and Default Judgment Instanter [48] is granted. Thus, before the Court is Plaintiff's Motion for Entry of Default and Default Judgment [47] against the defendant identified in Amended Schedule A [26]. Defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, default against the defendant on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendant must be filed on or before 11/26/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon the affected Defendant within one business day of its entry on the docket and must promptly file proof of that service. Emailed notice. |
| 11/09/2024 | MOTION by Plaintiff Shenzhen Jisu Technology Co., Ltd. for leave to file Plaintiff's Motion for Entry of Default and Default Judgment |
| 11/09/2024 | MOTION by Plaintiff Shenzhen Jisu Technology Co., Ltd. for entry of default |
| 10/02/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 10/2/2024. Emailed notice. |
| 10/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction [39], which the Court now considers unopposed because no Defendant filed a notice of objection by the 10/1/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court on the record and in connection with entry of the TRO [31] [32], the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [38] that it provided electronic notice to defendants of the pendency of this case and provided the relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Amended Schedule A [26] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. |
| 09/23/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction [39] is taken under advisement. A telephonic motion hearing is set for 10/2/24, at 9:45 AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection 10/1/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 9/25/24. Emailed notice. |
| 09/20/2024 | NOTICE of Motion by Sameeul Haque for presentment of motion for preliminary injunction 39 before Honorable Lindsay C. Jenkins on 9/25/2024 at 10:00 AM. |
| 09/20/2024 | MEMORANDUM by Shenzhen Jisu Technology Co., Ltd. in support of motion for preliminary injunction 39 附件： 1:Declaration of Sameeul Haque 2:(Exhibit 1) |
| 09/20/2024 | MOTION by Plaintiff Shenzhen Jisu Technology Co., Ltd. for preliminary injunction 附件： 1:(Exhibit A) |
| 09/20/2024 | SUMMONS Returned Executed by Shenzhen Jisu Technology Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A on 9/20/2024, answer due 10/11/2024. 附件： 1:Declaration of Kathryn Smith 2:(Exhibit A) |
| 09/09/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order 34 is granted. The TRO is extended to 9/25/24 for the reasons stated in the order granting the initial TRO 31 32. No appearance is necessary on 9/11/24. Emailed notice. |
| 09/06/2024 | NOTICE of Motion by Sameeul Haque for presentment of motion for miscellaneous relief 34 before Honorable LaShonda A. Hunt on 9/11/2024 at 10:00 AM. |
| 09/06/2024 | MEMORANDUM by Shenzhen Jisu Technology Co., Ltd. in support of motion for miscellaneous relief 34 附件： 1:(Declaration of Sameeul Haque) |
| 09/06/2024 | MOTION by Plaintiff Shenzhen Jisu Technology Co., Ltd. to Extend the Temporary Restraining Order |
| 08/28/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 8/28/2024. Emailed notice. |
| 08/28/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 23 finding that Plaintiff had failed to meet its burden of establishing that joinder of nearly 60 defendants in this case was proper under 35 U.S.C. § 299. In response, Plaintiff filed an amended complaint 25 and an amended Schedule A 26, which remedy the misjoinder. Plaintiff's motion for leave to file under seal 29 is granted. Amended Schedule A 26, Exhibit 2 to the amended complaint 27, and Exhibit 6 to the amended complaint 28 shall remain under seal pending further order of the Court. Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 18 and Plaintiff's Motion for Alternative Service 20 are granted. Plaintiff's written submissions establish that if defendant was informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendant, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendant from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with this online marketplace defendant. Expedited discovery is warranted to identify defendant and implement the asset freeze. If defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. |
| 08/27/2024 | MOTION by Plaintiff Shenzhen Jisu Technology Co., Ltd. for Leave to File Certain Documents Under Seal |
| 08/27/2024 | First AMENDED complaint by Shenzhen Jisu Technology Co., Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A 附件： 1:Exhibit Schedule A 2:Exhibit 1 3:Exhibit 2 4:Exhibit 3 5:Exhibit 4 6:Exhibit 5 7:Exhibit 6 8:Exhibit Redline Amended Complaint |
| 08/02/2024 | ORDER ALLOWING LIMITED DISCOVERY PRIOR TO RULE 26(F) CONFERENCE Signed by the Honorable LaShonda A. Hunt on 8/2/2024. Emailed notice. |
| 07/30/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Counsel for Plaintiff appeared. For the reasons stated on the record, the Court finds that the complaint [1] does not satisfy the joinder requirements for a single patent lawsuit against nearly 60 seemingly independent Schedule A defendants. As discussed, Plaintiff's oral motion for limited Rule 26(f) discovery as to the identity of and connection between defendants is granted. Plaintiff is directed to submit a proposed order consistent with the Court's oral ruling to Judge Hunt's Proposed Order Inbox by 8/2/24. Plaintiff is further ordered to file a status report by 8/27/24, proposing next steps in the case. Plaintiff's Motion for Temporary Restraining Order [18] and Motion for Alternative Service [20] are entered and continued until the joinder issue is resolved. Emailed notice. |
| 07/23/2024 | NOTICE of Motion by Nicholas S. Lee for presentment of motion for miscellaneous relief 20, motion for temporary restraining order 18 before Honorable LaShonda A. Hunt on 7/30/2024 at 10:00 AM. |
| 07/23/2024 | MOTION by Plaintiff Shenzhen Jisu Technology Co., Ltd. for Alternative Service |
| 07/23/2024 | MEMORANDUM by Shenzhen Jisu Technology Co., Ltd. in support of motion for temporary restraining order 18 附件： 1:Declaration of Nicholas S. Lee 2:(Exhibit 1) |
| 07/23/2024 | MOTION by Plaintiff Shenzhen Jisu Technology Co., Ltd. for temporary restraining order |
| 07/23/2024 | MEMORANDUM by Shenzhen Jisu Technology Co., Ltd. Establishing that Joinder is Proper |
| 07/23/2024 | SEALED DOCUMENT by Plaintiff Shenzhen Jisu Technology Co., Ltd. Exhibit 2C 附件： 1:Defendant 53 2:Defendant 54 3:Defendant 55 4:Defendant 56 5:Defendant 57 6:Defendant 58 7:Defendant 59 8:Defendant 60 9:Defendant 61 10:Defendant 62 11:Defendant 63 12:Defendant 64 13:Defendant 65 14:Defendant 66 15:Defendant 67 16:Defendant 68 17:Defendant 69 18:Defendant 70 19:Defendant 71 20:Defendant 72 21:Defendant 73 22:Defendant 74 23:Defendant 75 24:Defendant 76 25:Defendant 77 26:Defendant 78 27:(Defendant 79) |
| 07/17/2024 | NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., Ltd. Under Rule 41(a)(1), Dazzstar (Def. 6), Yuntu SS Tech (Def. 8), DBD US (Def. 11), JAYFAN (Def. 22), NHOWIN (Def. 26), Raytin mall (Def. 27), Helilai (Def. 30), Heitu US (Def. 31), River K (Def. 32), ProKitCL (Def. 33), bablylot (Def. 34), GALAXYER (Def. 35), without prejudice |
| 07/15/2024 | MAILED sealed patent report to Patent Trademark Office, Alexandria VA |
| 07/15/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Certain Documents under Seal 4 is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of a temporary restraining order, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, Schedule A [5-1], Exhibit 2A 6, and Exhibit 2B 7 to the Complaint shall remain under seal pending further order of the Court. Conversely, Plaintiff also filed an unredacted version of the complaint 5, Exhibit 1 [5-2], Exhibit 6 [5-3], and Plaintiff's Notice of Claims [5-4] under seal; however, Plaintiff has not established any basis for sealing these documents. See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000). Accordingly, the Clerk's Office is directed, forthwith, to unseal the following filings: 5, [5-2], [5-3], and [5-4]. Emailed notice. |
| 07/12/2024 | ATTORNEY Appearance for Plaintiff Shenzhen Jisu Technology Co., Ltd. by Sameeul Haque |
| 07/12/2024 | ATTORNEY Appearance for Plaintiff Shenzhen Jisu Technology Co., Ltd. by Benjamin Adam Campbell |
| 07/12/2024 | ATTORNEY Appearance for Plaintiff Shenzhen Jisu Technology Co., Ltd. by Nicholas S. Lee |
| 07/12/2024 | ATTORNEY Appearance for Plaintiff Shenzhen Jisu Technology Co., Ltd. by Edward L. Bishop |
| 07/12/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Jisu Technology Co., Ltd. |
