最近更新:2024-12-25
更新

2024-cv-02535

Ap Global, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A to the Complaint

日期:04/08/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
10/10/2024 CONSENT JUDGMENT as to Defendant HONG KONG ZHANLAN (Doe 4) Signed by the Honorable Martha M. Pacold on 10/10/2024:
10/10/2024 MINUTE entry before the Honorable Martha M. Pacold: The joint motion for entry of consent judgment as to HONG KONG ZHANLAN (Doe 4) [89] is granted. Enter Order.
10/08/2024 MOTION by Plaintiff AP Global, Inc. to approve consent judgment Joint Motion for Entry of Consent Judgment (Doe 4)
附件:
1:Exhibit 1
10/08/2024 CONSENT JUDGMENT as to defendant Beewins (Doe 2) Signed by the Honorable Martha M. Pacold on 10/8/2024:
10/08/2024 MINUTE entry before the Honorable Martha M. Pacold: The joint motion for entry of consent judgment [86] is granted. Enter Order.
09/30/2024 MOTION by Plaintiff AP Global, Inc. to approve consent judgment Joint Motion for Entry of Consent Judgment (Doe 2)
附件:
1:Exhibit 1
09/09/2024 STATUS Report by AP Global, Inc.
08/21/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report, [83], which indicates that plaintiff is negotiating settlement with two defendants. By 9/9/24, plaintiff should file a status report updating the court on the status of the case including the status of settlement negotiations and proposed next steps. Mailed notice.
08/16/2024 STATUS Report by AP Global, Inc.
07/29/2024 CONSENT JUDGMENT as to defendant AOYILA (Doe 1) Signed by the Honorable Martha M. Pacold on 7/29/2024:
07/29/2024 MINUTE entry before the Honorable Martha M. Pacold: The parties' joint motion for entry of consent judgment, [80] is granted. Enter Order.
07/25/2024 MOTION by Plaintiff AP Global, Inc. to approve consent judgment Doe 5 (AOYILA)
附件:
1:Exhibit 1
07/17/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report, [78]. By 8/16/2024, plaintiff should file a status report updating the court on the status of settlement and proposed next steps.
07/15/2024 STATUS Report by AP Global, Inc.
07/09/2024 CONSENT JUDGMENT as to defendant No. 10 ZIOZERIT Signed by the Honorable Martha M. Pacold on 7/9/2024:
07/09/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff and defendant No. 10 ZIOZERTT's joint motion for entry of consent judgment, [75] is granted. Enter Order.
07/05/2024 NEW PARTIES: AOYILA, Beewins, HONG KONG ZHANLAN, Cousi-eu-US, ZIOZERTT and NECOKA added to case caption.
07/04/2024 MOTION by Plaintiff AP Global, Inc. to approve consent judgment
附件:
1:Exhibit 1
07/02/2024 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 7/2/2024: Mailed notice
07/02/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 7/2/2024:
07/02/2024 MINUTE entry before the Honorable Martha M. Pacold: No defendant remains who has appeared or filed an objection to the motion for preliminary injunction, [30]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction, [30] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.
07/02/2024 CONSENT JUDGMENT as to defendant SWOJG-US (Doe 3) Signed by the Honorable Martha M. Pacold on 7/2/2024:
06/28/2024 MINUTE entry before the Honorable Martha M. Pacold: By 7/1/24, plaintiff should file an updated proposed preliminary injunction order to the proposed order inbox which includes only the remaining defendants.
06/28/2024 MINUTE entry before the Honorable Martha M. Pacold: The parties' joint motion for entry of consent judgment [68] is granted. Plaintiff should submit a WORD version of the consent judgment to the court's proposed order inbox.
06/26/2024 MOTION by Plaintiff AP Global, Inc. to approve consent judgment Joint Motion for Entry of Consent Judgment
附件:
1:Exhibit 1
06/25/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's status report, [66], which indicates that plaintiff is settling with a number of defendants. By 7/15/2024, plaintiff should file a status report updating the court on the status of settlement and proposed next steps.
06/21/2024 STATUS Report by AP Global, Inc.
06/20/2024 Fourth Amended Complaint AMENDED complaint by AP Global, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A To The Complaint
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Supplement A
06/18/2024 MINUTE entry before the Honorable Martha M. Pacold: By 6/21/2024, plaintiff and any remaining defendants who have appeared and not been dismissed should file a status report updating the court on the status of the case and proposed next steps.
06/18/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received the stipulation of dismissal, [61], which seeks to dismiss defendants No. 8 Gaietty and No. 9 Houmujiuyou. under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants No. 8 Gaietty and No. 9 Houmujiuyou from the complaint, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended complaint by 6/20/2024 identifying the remaining defendants. Defendants No. 8 Gaietty and No. 9 Houmujiuyou are dismissed without prejudice.
06/13/2024 MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 6/13/2024. Plaintiff has settled with defendants No. 8 and 9, and will submit a stipulation of dismissal.
06/13/2024 STIPULATION of Dismissal Doe Nos. 8 (Gaietty) and 9 (Houmujiuyou)
06/13/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received the stipulation of dismissal, [59], which seeks to dismiss defendant No. 6 Keten Direct under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendant No. 6 Keten Direct from the complaint, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended complaint by 6/20/2024 identifying the remaining defendants. Defendant No. 6 Keten Direct is dismissed with prejudice.
06/11/2024 STIPULATION of Dismissal Doe 6 (Keten Direct; identified in Schedule A as "Katen Direct")
06/07/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed defendant Keten Direct's response to order to show cause and motion for nunc pro tunc orders, [57]. Defendant Keten Direct's response demonstrates excusable neglect under Federal Rule of Civil Procedure 6(b)(1)(B). Thus, plaintiff's motion to strike defendant Keten Direct's response to motion for entry of preliminary injunction, [50], is denied. Plaintiff's unopposed motion to extend the reply deadline for the preliminary injunction, [56], is granted. Plaintiff's reply is due by 6/18/2024.
06/05/2024 RESPONSE to Order to Show Cause to response in opposition to motion, [47], text entry, [55], MOTION by Plaintiff AP Global, Inc. to strike response in opposition to motion, [47] Motion to Strike Doe 6's (Katen Direct) Response to Motion for Entry of Preliminary Injunction [50]
06/04/2024 MOTION by Plaintiff AP Global, Inc. for extension of time to file response/reply
06/03/2024 MINUTE entry before the Honorable Martha M. Pacold: The court set a briefing schedule on the preliminary injunction on 5/15/24. See [39]. Pursuant to that schedule, defendants' responses to the motion for preliminary injunction were due by 5/28/24. Defendant Keten Direct filed its response two days late on 5/30/24. Defendant Keten Direct did not file a motion for extension of time. Defendant Keten Direct's 17.5-page brief is also oversized in violation of Local Rule 7.1. Defendant did not file a motion for excess pages. Defendant Keten Direct's response to the motion for preliminary injunction thus ignores both the deadline that this court set and the Local Rules. By 6/5/24, defendant Keten Direct is ordered to show cause why its response should not be stricken.
06/03/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the status reports, [48] and [49]. At least one defendant requests a preliminary injunction hearing. A telephonic hearing is set for 6/13/2024 at 8:50 a.m. The parties should be prepared to discuss their availability for a preliminary injunction hearing. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court.
06/01/2024 NOTICE by Keten Direct OF ITS SERVICE OF NOTICE OF RULE 30(B)(6) DEPOSITION OF AP GLOBAL, INC.
06/01/2024 NOTICE by Keten Direct SERVICE OF ITS RULE 26(a)(1) INTIAL DISCLOSURES
06/01/2024 ANSWER to amended complaint (Plaintiff AP Global Inc.'s [a California corporation] Third Amended Complaint), COUNTERCLAIM filed by Keten Direct against AP Global, Inc. by Keten Direct
05/31/2024 MOTION by Plaintiff AP Global, Inc. to strike response in opposition to motion, [47] Motion to Strike Doe 6's (Katen Direct) Response to Motion for Entry of Preliminary Injunction
05/30/2024 STATUS Report re Plaintiff;s preliminary injunction motion, settlement, and discovery schedule by Keten Direct
05/30/2024 STATUS Report by AP Global, Inc.
05/30/2024 RESPONSE by Keten Directin Opposition to MOTION by Plaintiff AP Global, Inc. for preliminary injunction [30]
附件:
1:Exhibit 1 - differences between the asserted patent and Keten's product
2:Exhibit 2 - similarities between the asserted patent and the prior art
3:Exhibit 3 - Patent Office's factual determinations and legal conclusions th
4:Exhibit 4 - Factual and legal concessions Plaintiff made before the Patent Offic
5:Exhibit 5 - Additional prior art reference that predates the patent
6:Exhibit 6 - user reviews with photos showing similarly-designed products that pr
7:Declaration Declaration of Keten's manager Ms. Shan Rao
05/28/2024 RESPONSE by Gaietyy, Houmujiuyouin Opposition to MOTION by Plaintiff AP Global, Inc. for preliminary injunction [30]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5
6:Declaration of Huishan Chen
7:Declaration of Yongheng Lu
05/28/2024 ATTORNEY Appearance for Defendants Gaietyy, Houmujiuyou by Brian Swift
05/23/2024 MINUTE entry before the Honorable Martha M. Pacold: The defendants' unopposed motion for an extension of time to file an answer or otherwise responsive pleading, [42], is granted. Defendants' answer or otherwise responsive pleading is due by 6/11/24. Mailed notice.
05/21/2024 Third AMENDED complaint by AP Global, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A To The Complaint
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Supplement A
05/21/2024 MOTION by Defendants Gaietyy, Houmujiuyou for extension of time UNOPPOSED
05/17/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal, [40], which seeks to voluntarily dismiss defendant No. 7 Mchoi Direct under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendant No. 7 Mchoi Direct from the complaint, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended complaint by 5/21/24 identifying the remaining defendants. Defendant No. 7 Mchoi Direct is terminated with prejudice.
05/16/2024 NOTICE of Voluntary Dismissal by AP Global, Inc. Dismissal of Doe 7
05/15/2024 ORDER: Defendants' motions to set a briefing schedule and unseal, [35], [38], are granted. The Clerk of Court is directed to unseal Docket numbers [2] through [4], [6] through [9]. Defendants' responses to the motion for a preliminary injunction are due by 5/28/24. Plaintiff's reply, if any, is due by 6/11/24. By 5/30/24, the parties should confer and file a joint status report indicating whether the parties believe a preliminary injunction hearing is necessary. If the parties believe a hearing is necessary, they should contact the courtroom deputy and include agreed proposed dates for a preliminary injunction hearing in the status report. The status report should also update the court on the status of settlement. Signed by the Honorable Martha M. Pacold on 5/15/2024. Mailed notice.
05/15/2024 MOTION by Defendant Keten Direct to set a briefing schedule and to unseal Dkts. 2-4, 6-9
05/15/2024 ATTORNEY Appearance for Defendant Keten Direct by Jingyi Guo
05/14/2024 ATTORNEY Appearance for Defendant Keten Direct by Zheng Liu
05/14/2024 MOTION by Defendants Gaietyy, Houmujiuyou to set a briefing schedule and to unseal Dkts. 2-4, 6-9
05/14/2024 ATTORNEY Appearance for Defendants Gaietyy, Houmujiuyou by Adam Edward Urbanczyk
05/06/2024 CERTIFICATE of Service Notice of Service of May 6, 2024, Order (Dkt. 32) by Theodore Joseph Chiacchio on behalf of AP Global, Inc. regarding set motion and R&R deadlines/hearings, 32
05/06/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for a preliminary injunction 30, under advisement and will consider the motion unopposed if no defendant appears and objects by 5/15/2024. Plaintiff shall serve defendants with this notice and file a certificate of notice on the docket.
05/03/2024 Memorandum in Support of Motion for Entry of Preliminary Injunction by AP Global, Inc.
05/03/2024 MOTION by Plaintiff AP Global, Inc. for preliminary injunction
04/29/2024 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A To The Complaint
04/26/2024 STATUS Report by AP Global, Inc.
04/26/2024 REGISTRY DEPOSIT INFORMATION Form by AP Global, Inc. (Received at the Intake Counter on 04/26/2024)
04/26/2024 Civil Bond BOND in the amount of $ 10,0000, receipt no. 100005450 posted by AP Global, Inc.
04/23/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO, 26 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO, 25, entered on 4/12/24 is extended until 5/10/24.
04/22/2024 MOTION by Plaintiff AP Global, Inc. for extension of time Motion to Extend Ex Parte Temporary Restraining Order
04/12/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/12/2024:
04/12/2024 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motion, 5, filed by plaintiff, the supporting memoranda, 6, and the temporary restraining order, plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 5, is 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 and websites 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 and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity 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.
04/11/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff emailed a version of the Schedule A to the proposed order box but not a proposed TRO that includes the current version of Schedule A. The proposed TRO must make clear which defendants it applies to, including by attaching the current version of Schedule A. Plaintiff should consult the standing orders on the court's website and by 4/17/24 send to the proposed order box a clean and track changes proposed TRO that includes amended Schedule A.
04/08/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's proposed TRO in the court's proposed order inbox. However, the proposed TRO does not include the Schedule A. Federal Rule of Civil Procedure 65(d) requires a TRO to "describe in reasonable detail-and not by referring to the complaint or other document-the act or acts restrained or required." Thus, by 4/10/24, plaintiff should submit to the proposed order inbox a proposed TRO that includes the Schedule A.

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