最近更新：2024-12-25
2024-cv-05625
| 日期 | 描述 |
|---|---|
| 12/20/2024 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 13 to extend the temporary restraining order entered 12/10/24 11. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 1/7/25. The 1/8/25 Notice of Motion date is stricken. Mailed notice. |
| 12/18/2024 | MOTION by Plaintiff Fujian Mingta Toys Co. Ltd. to Extend the Sealed TRO [11] |
| 12/10/2024 | SEALED ORDER Signed by the Honorable John Robert Blakey on 12/10/2024. Mailed notice |
| 12/11/2024 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff having submitted a proposed order, the Court hereby grants Plaintiff's motion for temporary restraining order [4] based upon the materials submitted. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 12/24/24. Mailed notice |
| 07/09/2024 | MINUTE entry before the Honorable John Robert Blakey: In this case, Plaintiff sues Plaintiff sues 125 separate defendants for patent and copyright infringement, [1]. Plaintiff asserts a design patent claiming the ornamental design for a toy and a copyright for a "magnet counting maze." [2-8], [2-9]. 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). Moreover, joinder of multiple defendants in a single copyright infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). Here, Plaintiff alleges that Defendants "are all offering for sale the same or substantially similar infringing products and this case will involve common questions of fact to all Defendants. Furthermore, Defendant Internet Stores share unique identifiers, such as using the same or substantially similar product images, same advertising, design elements and similarities of the infringing products offered for sale, establishing a logical relationship between them, and suggesting that Defendants' operation arises out of the same transaction, occurrence, or series of transactions or occurrences." [1] 4. Plaintiff further alleges 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 and to violate Plaintiff's exclusive rights in the Copyright in the same transaction, occurrence, or series of transactions or occurrences. For example, Defendants all sell and/or offer for sale the same Infringing Product with minor variations as well as similar if not identical product images and descriptions as shown in Exhibits 1-1 to 1-5, suggesting that the Infringing Products were manufactured by and come from a common source." Id. 10. The screenshot evidence attached to the complaint supports these allegations. As a result, the Court finds that Plaintiff's allegations satisfy the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2); Plaintiff may proceed against the identified Defendants in this single action. The Court grants Plaintiff's motions to seal [3], [6], and strikes the 7/10/24 Notice of Motion date. The Court takes under advisement Plaintiff's motion for temporary restraining order [4]; if Plaintiff wants the Court to resolve the motion, it must submit a proposed order, as provided in the Court's standing orders. Mailed notice |
| 07/04/2024 | MOTION by Plaintiff Fujian Mingta Toys Co. Ltd. to seal document sealed document[5] |
| 07/04/2024 | MOTION by Plaintiff Fujian Mingta Toys Co. Ltd. for temporary restraining order |
| 07/03/2024 | 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. |
| 07/03/2024 | CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1). |
| 07/03/2024 | MOTION by Plaintiff Fujian Mingta Toys Co. Ltd. to seal document sealed document, 2 |
| 07/03/2024 | SEALED DOCUMENT by Plaintiff Fujian Mingta Toys Co. Ltd. 附件： 1:Sealed Schedule A 2:Sealed Exhibit 1-1 3:Sealed Exhibit 1-2 4:Sealed Exhibit 1-3 5:Sealed Exhibit 1-4 6:Sealed Exhibit 1-5 7:Sealed Exhibit 2 8:Sealed Exhibit 3 9:(Sealed Exhibit 4) |
| 07/03/2024 | COMPLAINT filed by Fujian Mingta Toys Co. Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22210753. 附件： 1:Public Schedule A 2:Public Exhibit 1 3:Public Exhibit 2 4:Public Exhibit 3 5:Public Exhibit 4 6:(Civil Cover Sheet) |
