最近更新：2024-12-25
2022-cv-04227
| 日期 | 描述 |
|---|---|
| 03/23/2023 | FULL SATISFACTION of Judgment regarding order[44] in the amount of the Judgment Amount as to certain defendants |
| 12/06/2022 | MAILED patent report to Patent Trademark Office, Alexandria VA |
| 12/05/2022 | DEFAULT JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 12/5/2022.Mailed notice |
| 12/05/2022 | MINUTE entry before the Honorable Joan B. Gottschall: The deadline of 11/28/2022 to object to plaintiff's motion for entry of default and default judgment has come and gone (see [41]), and no objection has been filed. Plaintiff's motion [38] for entry of default and default judgment is granted. Plaintiff asks the court to award "total profits," and, where applicable, statutory damages for design patent infringement under 35 U.S.C. § 289. Some defendants appear to sell non-infringing products. Plaintiff nevertheless asserts that all money in defendants' frozen financial accounts is presumptively profits from infringement, relying principally on WMS Gaming Inc. v. WPC Productions Ltd., 542 F.3d 601, 608 (7th Cir. 2008), as amended (Sept. 16, 2008), which is a trademark, not a patent, case. Nonetheless, WMS Gaming is consistent with Bergstrom v. Sears, Roebuck & Co., 496 F. Supp. 476, 497 (D. Minn. 1980), a design patent case, insofar as Bergstrom holds that, regarding subtracting costs from gross revenue to calculate profits from infringement under 35 U.S.C. § 289: "The burden of establishing the nature and amount of these costs, as well as their relationship to the infringing product, is on the defendants." Bergstrom, 496 F. Supp. at 497 (citing Henry Hanger & Display Fixture Corp. of Am. v. Sel-O-Rak Corp., 270 F.2d 635, 643 (5th Cir. 1959)); see also John Skenyon, Christopher Marchese & John Land, Patent Damages Law and Practice § 2:78 (Westlaw Nov. 2021 update). Accordingly, and because no defendant has appeared to rebut the presumption that the contents of defendants' financial accounts are profits from infringing activity, plaintiff's request for damages is granted. Enter default judgment. Civil case terminated.Mailed notice |
| 11/16/2022 | CERTIFICATE of Service by Plaintiff Moose Labs LLC regarding set motion and R&R deadlines/hearings, 41 附件： 1:(Exhibit A) |
| 11/14/2022 | MINUTE entry before the Honorable Joan B. Gottschall: Any written response to plaintiff's motion [38] for entry of default and for entry of default judgment is due on or before November 28, 2022. The court will rule on the papers unless a hearing is requested on or before November 28, 2022. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. Plaintiff is ordered to serve defendants and any affected third-party providers with a copy of this order and file a certificate of service on or before November 17, 2022. Mailed notice |
| 11/10/2022 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[39] 附件： 1:Exhibit 1 |
| 11/10/2022 | MEMORANDUM by Moose Labs LLC in support of motion for entry of default, motion for default judgment[38] 附件： 1:Exhibit 1 |
| 11/10/2022 | MOTION by Plaintiff Moose Labs LLC for entry of default, MOTION by Plaintiff Moose Labs LLC for default judgment as to all Defendants 附件： 1:Exhibit A |
| 11/10/2022 | EXHIBIT by Plaintiff Moose Labs LLC Amended Schedule A regarding set deadlines, [36] |
| 11/07/2022 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a notice 35 of dismissal with prejudice as to five defendants. The notice of dismissal is ineffective under Seventh Circuit case law holding that the proper way to drop fewer than all claims or defendants is to amend the complaint. Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015) (citing Berthold Types Ltd. v. Adobe Sys. Inc., 242 F.3d 772, 777 (7th Cir. 2001) (other citation omitted)). The court construes plaintiff's notice of voluntary dismissal as a motion for leave to amend the complaint to drop the defendants named in its notice of voluntary dismissal and grants plaintiff's motion. See Fed. R. Civ. P. 15(a). Plaintiff's amended complaint is due on or before 11/14/2022. Mailed notice |
| 11/04/2022 | NOTICE of Voluntary Dismissal by Moose Labs LLC as to certain defendants |
| 10/06/2022 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 10/06/2022 | NEW PARTIES: 420 Smoking Dropshipping Store, Dongdong Smoking Store Store, Dorang hookak Store, GZ Smoke Store, Happy Stoners Store, Shop1100370509 Store, SMOKALL Factory Store, SMOKALL Global Store, SMOKALL Official Store, SMOKALL World Store, SMOKALL World-Trade Store, Smokall-Business Store, SmoSmo Store, GREENRISE SUPPLY, MOUNTAINTOP, sanrongwangluokeji, Yinxi store, aiyue2020 Store, anfuhaiyi Store, bestgearstore Store, blingshop Store, China Dvd Vapes Store, cocacola2012 Store, comelon Store, cyc_amazed Store, cycelectronics Store, DabStore Store, danuo Store, flygirls Store, fzcta7 Store, fzctb5 Store, fzctb66 Store, fzctc5 Store, fzcte11 Store, fzcte4 Store, fzctg3 Store, fzctj0 Store, fzctj3 Store, fzctj6 Store, fzctn8 Store, fzcto6 Store, fzctp2 Store, fzctq2 Store, fzctq66 Store, fzctq88 Store, fzctr4 Store, fzctt2 Store, fzctv7 Store, fzctw5 Store, fzctw6 Store, Garden Vapes Store, greatrui Store, Guests Store, hellowin Store, hkfuzecheng01 Store, hkfuzecheng05 Store, hkfuzecheng09 Store, hkfuzecheng10 Store, hkhenyusheng02 Store, hkshenyusheng01 Store, honglongele03 Store, honglongele04 Store, honglongele05 Store, honglongele06 Store, icars Store, jiangxi2018 Store, kingsgadgets Store, knutm3582uh Store, maxdab Store, maxdab002 Store, mbmfactory Store, meido Store, meidoll Store, mingdingfeng Store, monggo Store, pabci Store, pabcq Store, pbeautgirl Store, pchengfugood Store, pcngarden Store, pcycvaporstore Store, pelsagirl Store, pfuzetech Store, pfzcfoxhunter Store, pfzctc88 Store, pfzctn3 Store, pfzctu2 Store, pgicux429cb Store, phiboys Store, phkfuzecheng04 Store, phonglongele02 Store, pjianyitech Store, plurang Store, pmadvapers Store, pmart Store, pparislove2020 Store, pquddv2317gx Store, Puff Bar Flex Store, richman88 Store, sellerwin Store, shixiang2020 Store, siruida Store, siruixiang Store, smoktechvape Store, szbesbuy Store, szloop Store, sztrustboys Store, tengdaele Store, Trust Seller Store, truststore2021 Store, wfgbj8064lf Store, yowjo8025gs Store, zechengtech Store and ziming2018 Store added to case caption. |
| 10/06/2022 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 10/06/2022 | NEW PARTIES: 420 Smoking Dropshipping Store, Dongdong Smoking Store Store, Dorang hookak Store, GZ Smoke Store, Happy Stoners Store, Shop1100370509 Store, SMOKALL Factory Store, SMOKALL Global Store, SMOKALL Official Store, SMOKALL World Store, SMOKALL World-Trade Store, Smokall-Business Store, SmoSmo Store, GREENRISE SUPPLY, MOUNTAINTOP, sanrongwangluokeji, Yinxi store, aiyue2020 Store, anfuhaiyi Store, bestgearstore Store, blingshop Store, China Dvd Vapes Store, cocacola2012 Store, comelon Store, cyc_amazed Store, cycelectronics Store, DabStore Store, danuo Store, flygirls Store, fzcta7 Store, fzctb5 Store, fzctb66 Store, fzctc5 Store, fzcte11 Store, fzcte4 Store, fzctg3 Store, fzctj0 Store, fzctj3 Store, fzctj6 Store, fzctn8 Store, fzcto6 Store, fzctp2 Store, fzctq2 Store, fzctq66 Store, fzctq88 Store, fzctr4 Store, fzctt2 Store, fzctv7 Store, fzctw5 Store, fzctw6 Store, Garden Vapes Store, greatrui Store, Guests Store, hellowin Store, hkfuzecheng01 Store, hkfuzecheng05 Store, hkfuzecheng09 Store, hkfuzecheng10 Store, hkhenyusheng02 Store, hkshenyusheng01 Store, honglongele03 Store, honglongele04 Store, honglongele05 Store, honglongele06 Store, icars Store, jiangxi2018 Store, kingsgadgets Store, knutm3582uh Store, maxdab Store, maxdab002 Store, mbmfactory Store, meido Store, meidoll Store, mingdingfeng Store, monggo Store, pabci Store, pabcq Store, pbeautgirl Store, pchengfugood Store, pcngarden Store, pcycvaporstore Store, pelsagirl Store, pfuzetech Store, pfzcfoxhunter Store, pfzctc88 Store, pfzctn3 Store, pfzctu2 Store, pgicux429cb Store, phiboys Store, phkfuzecheng04 Store, phonglongele02 Store, pjianyitech Store, plurang Store, pmadvapers Store, pmart Store, pparislove2020 Store, pquddv2317gx Store, Puff Bar Flex Store, richman88 Store, sellerwin Store, shixiang2020 Store, siruida Store, siruixiang Store, smoktechvape Store, szbesbuy Store, szloop Store, sztrustboys Store, tengdaele Store, Trust Seller Store, truststore2021 Store, wfgbj8064lf Store, yowjo8025gs Store, zechengtech Store and ziming2018 Store added to case caption. |
| 10/06/2022 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 10/06/2022 | NEW PARTIES: 420 Smoking Dropshipping Store, Dongdong Smoking Store Store, Dorang hookak Store, GZ Smoke Store, Happy Stoners Store, Shop1100370509 Store, SMOKALL Factory Store, SMOKALL Global Store, SMOKALL Official Store, SMOKALL World Store, SMOKALL World-Trade Store, Smokall-Business Store, SmoSmo Store, GREENRISE SUPPLY, MOUNTAINTOP, sanrongwangluokeji, Yinxi store, aiyue2020 Store, anfuhaiyi Store, bestgearstore Store, blingshop Store, China Dvd Vapes Store, cocacola2012 Store, comelon Store, cyc_amazed Store, cycelectronics Store, DabStore Store, danuo Store, flygirls Store, fzcta7 Store, fzctb5 Store, fzctb66 Store, fzctc5 Store, fzcte11 Store, fzcte4 Store, fzctg3 Store, fzctj0 Store, fzctj3 Store, fzctj6 Store, fzctn8 Store, fzcto6 Store, fzctp2 Store, fzctq2 Store, fzctq66 Store, fzctq88 Store, fzctr4 Store, fzctt2 Store, fzctv7 Store, fzctw5 Store, fzctw6 Store, Garden Vapes Store, greatrui Store, Guests Store, hellowin Store, hkfuzecheng01 Store, hkfuzecheng05 Store, hkfuzecheng09 Store, hkfuzecheng10 Store, hkhenyusheng02 Store, hkshenyusheng01 Store, honglongele03 Store, honglongele04 Store, honglongele05 Store, honglongele06 Store, icars Store, jiangxi2018 Store, kingsgadgets Store, knutm3582uh Store, maxdab Store, maxdab002 Store, mbmfactory Store, meido Store, meidoll Store, mingdingfeng Store, monggo Store, pabci Store, pabcq Store, pbeautgirl Store, pchengfugood Store, pcngarden Store, pcycvaporstore Store, pelsagirl Store, pfuzetech Store, pfzcfoxhunter Store, pfzctc88 Store, pfzctn3 Store, pfzctu2 Store, pgicux429cb Store, phiboys Store, phkfuzecheng04 Store, phonglongele02 Store, pjianyitech Store, plurang Store, pmadvapers Store, pmart Store, pparislove2020 Store, pquddv2317gx Store, Puff Bar Flex Store, richman88 Store, sellerwin Store, shixiang2020 Store, siruida Store, siruixiang Store, smoktechvape Store, szbesbuy Store, szloop Store, sztrustboys Store, tengdaele Store, Trust Seller Store, truststore2021 Store, wfgbj8064lf Store, yowjo8025gs Store, zechengtech Store and ziming2018 Store added to case caption. |
| 10/06/2022 | SUMMONS Returned Executed by Moose Labs LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/6/2022, answer due 10/27/2022. 附件： 1:Declaration of Thomas J. Juettner 2:(Exhibit A) |
| 10/06/2022 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 10/05/2022 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 10/5/2022. Mailed notice |
| 10/05/2022 | MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline [26], the preliminary injunction hearing set for 10/7/2022 is stricken. Plaintiff's motion for preliminary injunction [28] and motion for electronic service of process [30] are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal Schedule A to the complaint [2], Exhibit 1 to the complaint [3], Exhibit 2 to the Declaration of Jason Rush [17], and the temporary restraining order [22]. The law firm of Greer, Burns & Crain Ltd. is hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 12/5/2022.Mailed notice |
| 10/04/2022 | MEMORANDUM by Moose Labs LLC in support of motion for miscellaneous relief[30] 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 3:Exhibit 2 |
| 10/04/2022 | MOTION by Plaintiff Moose Labs LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 附件： 1:Exhibit A |
| 10/04/2022 | MEMORANDUM by Moose Labs LLC in support of motion for preliminary injunction[28] 附件： 1:Declaration of Jake M. Christensen |
| 10/04/2022 | MOTION by Plaintiff Moose Labs LLC for preliminary injunction 附件： 1:Exhibit A |
| 09/21/2022 | EXTENSION Of Temporary Restraining Order. Signed by the Honorable Joan B. Gottschall on 9/21/2022.Mailed notice |
| 09/21/2022 | MINUTE entry before the Honorable Joan B. Gottschall: The deadline to request a hearing has come and gone (see No. 21), and no request for a hearing has been received. Plaintiff's motion 23 to extend the sealed temporary restraining order 22 is granted. Enter order. The preliminary injunction hearing tentatively set for 9/23/2022 is stricken and reset to 10/7/2022 at 10:30 a.m. Due to the ongoing COVID-19 pandemic and in accordance with General Order No. 21-0027, the court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 2 to the Declaration of Jason Rush and any e-mail addresses provided for defendants by third parties that includes a link to said website.Mailed notice |
| 09/19/2022 | SURETY BOND in the amount of $10,000.00 posted by Moose Labs LLC (Document not scanned). |
| 09/20/2022 | MEMORANDUM by Moose Labs LLC in support of extension of time[23] 附件： 1:Declaration of Jake M. Christensen |
| 09/20/2022 | MOTION by Plaintiff Moose Labs LLC for extension of time of Temporary Restraining Order |
| 09/09/2022 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Joan B. Gottschall on 9/9/2022. Mailed notice |
| 09/09/2022 | MINUTE entry before the Honorable Joan B. Gottschall: The deadline to file an objection to, or request a hearing on, plaintiff's motion for a temporary restraining order has come and gone (see No. 19), and no objection or request for a hearing has been received. Plaintiff's motions for leave to file under seal 4 and for entry of a sealed temporary restraining order 13 are therefore granted. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for 9/23/2022 at 10:30 a.m. Due to the COVID-19 pandemic and in accordance with the guidance of General Order No. 21-0027, the court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 2 to the Declaration of Jason Rush and any e-mail addresses provided for defendants by third parties that includes a link to said website. Mailed notice |
| 08/19/2022 | CERTIFICATE of Service by Plaintiff Moose Labs LLC pursuant to 19 |
| 08/18/2022 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion [13] for entry of a temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice [18] of the motion and proposed form of temporary restraining order to the non-party providers of services to the defendants named in the proposed temporary restraining order. The non-party providers have until and including September 8, 2022, to object to plaintiff's request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in Schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). The non-party providers may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending an email message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before September 8, 2022. Plaintiff is ordered to serve the non-party providers with a copy of this order and file a certificate of service on or before August 22, 2022. Mailed notice |
| 08/18/2022 | CERTIFICATE of Service by Plaintiff Moose Labs LLC |
| 08/18/2022 | SEALED EXHIBIT by Plaintiff Moose Labs LLC Exhibit 2 - Parts 1-3 regarding declaration[16] |
| 08/18/2022 | DECLARATION of Jason Rush regarding memorandum in support of motion[14] 附件： 1:Exhibit 1 |
| 08/18/2022 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 08/18/2022 | MEMORANDUM by Moose Labs LLC in support of motion for temporary restraining order[13] |
| 08/18/2022 | MOTION by Plaintiff Moose Labs LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 08/15/2022 | MAILED patent report to Patent Trademark Office, Alexandria VA. |
| 08/11/2022 | 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. |
| 08/11/2022 | ATTORNEY Appearance for Plaintiff Moose Labs LLC by Thomas Joseph Juettner |
| 08/11/2022 | ATTORNEY Appearance for Plaintiff Moose Labs LLC by Jake Michael Christensen |
| 08/11/2022 | ATTORNEY Appearance for Plaintiff Moose Labs LLC by Amy Crout Ziegler |
| 08/11/2022 | ATTORNEY Appearance for Plaintiff Moose Labs LLC by Justin R. Gaudio |
| 08/11/2022 | Notice of Claims Involving Patents by Moose Labs LLC |
| 08/11/2022 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Moose Labs LLC |
| 08/11/2022 | CIVIL Cover Sheet |
| 08/11/2022 | MOTION by Plaintiff Moose Labs LLC for leave to file under seal |
| 08/11/2022 | SEALED EXHIBIT by Plaintiff Moose Labs LLC Exhibit 1 - Parts 1-3 regarding complaint[1] |
| 08/11/2022 | SEALED EXHIBIT by Plaintiff Moose Labs LLC Schedule A regarding complaint[1] |
| 08/11/2022 | COMPLAINT filed by Moose Labs LLC ; Filing fee $ 402, receipt number AILNDC-19732443. 附件： 1:Exhibit 2 2:Exhibit 3 3:Exhibit 4 4:Exhibit 5 |
