最近更新：2024-12-25
2022-cv-06100
| 日期 | 描述 |
|---|---|
| 02/10/2023 | DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 2/10/2023: Mailed notice (jk2,) |
| 02/10/2023 | ORDER: The court has not received any objections to plaintiff's motion for entry of default and default judgment 46. The court therefore grants plaintiff's motion for entry of default and default judgment 46 against all defendants identified on Schedule A. See Fed. R. Civ. P. 54(b). Based on the evidence submitted in support of plaintiff's motion and the admission of liability by virtue of the default, plaintiff has established that the defendants are liable for patent infringement, that damages should be awarded as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its design patent causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff or their counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 2/10/2023. Mailed notice |
| 02/02/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the Schedule A 44 is granted. Defendants No. 11 HEKXIN Store, No. 45 FEISEDY, No. 46 FURISHQI, and No. 49 OuShiun optical are dismissed. The court takes the motion for default and default judgment 46 under advisement. Any defendant objecting to plaintiff's motion for entry of default and default judgment 46 must enter an appearance and file a written objection by 2/9/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
| 01/31/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[47] 附件： 1:Exhibit 1 |
| 01/31/2023 | MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[46] 附件： 1:Exhibit 1 |
| 01/31/2023 | MOTION by Plaintiff Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Oakley, Inc. for default judgment as to all Defendants 附件： 1:Exhibit A |
| 01/31/2023 | AMENDED exhibit[2] Amended Schedule A |
| 01/31/2023 | MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter |
| 01/06/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 41 is granted. Defendant No. 44 bruno dunn glasses is dismissed. |
| 01/05/2023 | AMENDED exhibit[2] Amended Schedule A |
| 01/05/2023 | MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter |
| 12/29/2022 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. |
| 12/21/2022 | NEW PARTIES: SICHUAN MACHINERY IMPORT & EXPORT CO., LTD., Xiamen Suowei Technology Co., Ltd., AOZE monopolize Store, BOYARN Glasses Official Store, Bunny girl sexy store Store, DONSUNGA Cycling Pro Store, Dream jk Store, Fashionnova Store, GV EYEWEAR Store, Happines Shop Store, HEKXIN Store, Iqtemot Store, JFMao Accessories Store, Joyson Discount Store, JSJM Sports Factory Store, KT Outdoor Store, mangel eyes pro Store, MIIWAY Boutique Store, Our Cycling Store, PolarColor Store, Professional outdoor product Store, Ragerace Store, REIC666 Store, Ruigreat Outdoor Equipment Store, Shop1100004008 Store, Shop1100169175 Store, Shop1100180319 Store, Shop1100308057 Store, Shop1100330154 Store, Shop1100390639 Store, Shop1102136495 Store, Shop3622155 Store, Shop5005138 Store, Shop5737141 Store, taojin outdoors Store, TopSport Equipment Store, Unlimited S store Store, uull Store, Violeta Store, Win win store Store, winna.etech Outdoor Fun Store, xiao9C Store, XIKEDUO Professional Sports Store, bruno dunn glasses, FEISEDY, FURISHQI, LiNaKuaJing, oLxcougan, OuShiun optical, Rong Shop, Sun song, yfnvlq, asdfghjkl020 Store, designer350 Store, popular08 Store, Shouzhi Store, sunglasses_belt Store, whalejewelry Store, boyi001, trendyfoam, DMFSHTA, Kpop-JINLONG and New2002NM added to case caption. |
| 12/21/2022 | SUMMONS Issued as to Defendant The Partnerships and all other Defendants identified in the complaint. |
| 12/21/2022 | ORDER: The Clerk of Court is directed to unseal Schedule A to the Complaint 2, Exhibit 1 to the Complaint 3, Exhibit 2 to the Declaration of Jason Groppe 17, and the TRO 22. The Clerk of Court is directed to issue a single original summons in the name of "The Partnerships and all other Defendants identified in the Complaint" that shall apply to all Defendants. Signed by the Honorable Martha M. Pacold on 12/21/2022: Mailed notice |
| 12/21/2022 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/21/2022: |
| 12/21/2022 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 30 is granted. Enter Preliminary Injunction. The Clerk of Court is directed to unseal Schedule A to the Complaint 2, Exhibit 1 to the Complaint 3, Exhibit 2 to the Declaration of Jason Groppe 17, and the TRO 22. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so are located on the court's website at www.ilnd.uscourts.gov/instructions. |
| 12/19/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint [34] is granted. Defendant No. 50 PORADAY is dismissed. |
| 12/16/2022 | AMENDED exhibit 2 Amended Schedule A |
| 12/16/2022 | MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter |
| 12/09/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the Schedule A 28 is granted. The court has taken the motion for preliminary injunction 30 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/19/2022. Plaintiff shall serve defendants with this notice. |
| 12/08/2022 | SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/8/2022, answer due 12/29/2022. 附件： 1:Declaration of Thomas J. Juettner 2:Exhibit A |
| 12/08/2022 | MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[30] 附件： 1:Declaration of Jake M. Christensen 2:Exhibit 1 |
| 12/08/2022 | MOTION by Plaintiff Oakley, Inc. for preliminary injunction 附件： 1:Exhibit A |
| 12/08/2022 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Amended Schedule A regarding MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter 28 |
| 12/08/2022 | MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter |
| 11/29/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the temporary restraining order 25 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 moving any assets from accounts in U.S. based financial institutions to offshore accounts. The court's TRO 22 entered on 11/14/2022 is extended until 12/12/2022. |
| 11/28/2022 | MEMORANDUM by Oakley, Inc. in support of extension of time[25] 附件： 1:Declaration of Jake M. Christensen |
| 11/28/2022 | MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order |
| 11/22/2022 | SURETY BOND in the amount of $10,000.00 posted by Oakley, Inc. (Document not scanned). |
| 11/21/2022 | DOCUMENT ENTERED IN ERROR. |
| 11/16/2022 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 11/14/2022 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/14/2022: |
| 11/14/2022 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for leave to file under seal [4] is granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13] and motion for electronic service of process [18] are 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 timely 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. |
| 11/11/2022 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 11/11/2022 | MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[18] |
| 11/11/2022 | MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 11/11/2022 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 - Parts 1-2 regarding declaration[16] |
| 11/11/2022 | DECLARATION of Jason Groppe regarding memorandum in support of motion[14] 附件： 1:Exhibit 1 |
| 11/11/2022 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 11/11/2022 | MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[13] |
| 11/11/2022 | MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 11/07/2022 | MAILED patent report to Patent Trademark Office, Alexandria VA. |
| 11/03/2022 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner |
| 11/03/2022 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen |
| 11/03/2022 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler |
| 11/03/2022 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio |
| 11/03/2022 | Notice of Claims Involving Patents by Oakley, Inc. |
| 11/03/2022 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. |
| 11/03/2022 | CIVIL Cover Sheet |
| 11/03/2022 | MOTION by Plaintiff Oakley, Inc. for leave to file under seal |
| 11/03/2022 | COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-20012185. 附件： 1:Exhibit 2 2:Exhibit 3 3:Exhibit 4 4:Exhibit 5 |
