最近更新：2024-12-25
2022-cv-04903
| 日期 | 描述 |
|---|---|
| 07/05/2022 | STATE COURT TRANSCRIPT of proceedings held on June 27, 2022. |
| 07/01/2022 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) The Partnerships and Unincorporated Associations Identified in Schedule A. Document filed by Yueshen Ji, Shantou Taihui Trading Co. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 06/28/2022 | ORDER FOR PRELIMINARY INJUNCTION: The Court, after considering the facts and arguments presented at the preliminary injunction hearing held on June 27, 2022, finds that the PIO should be GRANTED. The Court therefore enters a Preliminary Injunction Order, as follows: 1. IT IS ORDERED that Defendants and their officers, affiliates, agents, and employees are hereby enjoined from the following pending further order from this Court: (As further set forth herein.) SO ORDERED. This Preliminary Injunction Order is entered at New York City, New York, on this 28th day of June, 2022. (Signed by Judge Katherine Polk Failla on 6/28/2022) |
| 06/28/2022 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [18] Proposed Order was reviewed and approved as to form. |
| 06/28/2022 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 18 Proposed Order was reviewed and approved as to form. |
| 06/27/2022 | PROPOSED ORDER. Document filed by Shantou Taihui Trading Co., Yueshen Ji. Related Document Number: [14]. Proposed Order to be reviewed by Clerk's Office staff. |
| 06/27/2022 | Minute Entry for proceedings held before Judge Katherine Polk Failla: Show Cause Hearing held on 6/27/2022. Attorney Robert Dewitty representing Plaintiffs present. Attorney Tiang Huang representing Defendants PlusRoc, ADIIL, chenchenus, DorZeUS, and Zienlay US. present. The injunctive relief is continued. Defendants have three weeks to respond to complaint. (Court Reporter Alena Lynch) |
| 06/22/2022 | ***SELECTED PARTIES*** ORDER denying without prejudice [15] Motion to Add. Accordingly, the Court denies Plaintiffs' motion without prejudice. If Plaintiffs seek to renew their motion, the Court expects that they will do so on a more robust factual and legal record. The Clerk of Court is directed to terminate the motion at docket entry 15. The Clerk of Court is further directed to file this Order under seal, viewable only to Plaintiffs and the Court, pending further order of the Court. (Signed by Judge Katherine Polk Failla on 6/22/2022) |
| 06/21/2022 | CERTIFICATE OF SERVICE of Complaint; Order on Temporary Restraining Order; other served on Corporation Service Company, agent of Amazon for Defendants on Schedule A on June 17, 2022. Service was accepted by Cynthia Jones, Employee. Document filed by Yueshen Ji, Shantou Taihui Trading Co., CERTIFICATE OF SERVICE of Summons and Complaint. The Partnerships and Unincorporated Associations Identified in Schedule A served on 6/17/2022, answer due 7/8/2022. Service was accepted by Cynthia Jones, Employee. Document filed by Yueshen Ji; Shantou Taihui Trading Co. |
| 06/21/2022 | ***EX-PARTE***FIRST MOTION to Add Party(ies) EEEkit, yoyofreeshopyoyofreeshop, Spedtees, Guozhi, Aubety, GIPTIME, JanaraJanara, OBSTKUCHEN, Zienlay US, Aika Designs, Lodnyds, GBLinGBLin, HomvigourHomvigour, PHIA-US, SyoleeDirect, Hibebes, Artuxer, ISPINNERISPINNER, Countoon, PHIA-USPHIA-US. Document filed by Shantou Taihui Trading Co., Yueshen Ji. (Attachments: # (1) Exhibit List A)Motion or Order to File Under Seal: [12]. |
| 06/17/2022 | ***SELECTED PARTIES*** TEMPORARY RESTRAINING ORDER filed by Yueshen Ji, Shantou Taihui Trading Co. IT IS ORDERED that Defendants and their officers, affiliates, agents, and employees are hereby enjoined from engaging in the following for fourteen (14) days from the date of this Order, and for such further period as may be provided by order of the Court: a. manufacturing, importing, distributing, offering for sale, or selling the Infringing Products into or within the United States and her territories; b. further infringing the 321 Patent and damaging Plaintiffs' patent rights; c. shipping, delivering, holding for sale, transferring or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, the Infringing Products; d. using, linking to, transferring, selling, exercising control over, or otherwise owning the Amazon Internet Store accounts or any other online marketplace account that is being used to sell, or is the means by which Defendants could continue to sell, the Infringing Products for the purpose of circumventing or otherwise avoiding the prohibitions set forth in this Order; e. operating and/or hosting any website or marketplace account for or on behalf of Defendants that are involved with the distribution, marketing, advertising, offering for sale, or sale of Infringing Products; and f. transferring or disposing of any monies or assets until further ordered by this Court, except by written agreement with Plaintiffs. IT IS FURTHER ORDERED that any third parties, including Amazon, are hereby restrained and enjoined from engaging in any of the following acts or omissions for fourteen (14) days days from the date of this Order, and for such further period as may be provided by order of this Court: a. within five (5) business days after receipt of such notice, providing services to Defendants' accounts and/or services used by Defendants to market, advertise, sell and/or offer for sale any goods in conjunction with the Infringing Products. Defendants are hereby ORDERED to show cause before this Court in Courtroom 618 of the United States District Court for the Southern District of New York at 40 Foley Square, New York, New York on June 27, 2022, at 10:00 a.m. or at such other time that this Court deems appropriate, why a preliminary injunction, pursuant to Fed. R. Civ. P. 65(a), should not issue. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed electronically with the Court on or before June 22, 2022. Plaintiffs shall file any Reply papers on or before June 24, 2022. IT IS ORDERED, pursuant to Federal Rules 64 and 65 of the Federal Rules of Civil Procedure, that within five (5) days of receipt of service of this Order, any entities with actual notice of this order (including any banks, credit card companies, or payment processing companies such as PayPal) shall restrain and enjoin all accounts and funds connected to each respective Defendant, each Defendant's Online Marketplace Accounts or websites, including, but not limited to, any financial accounts connected to the information listed in Schedule "A" hereto, and any e-mail addresses provided for each Defendant by third parties from transferring or disposing of any money or other of each Defendant's assets including, allowing the transfer of any accounts and/or funds internationally, until further ordered by this Court. IT IS FURTHER ORDERED that Amazon and its related companies and affiliates shall, within five (5) business days of receipt of this Order, identify and restrain all funds, as opposed to ongoing account activity, in or which hereafter are transmitted into the Amazon accounts related to each respective Defendant as identified on Schedule "A" hereto, as well as all funds in or which are transmitted into (i) any other accounts of the same customer(s), (ii) any other accounts which transfer funds into the same financial institution account(s), and/or any of the other Amazon accounts subject to this Order; and (iii) any other Amazon accounts tied to or used by any of the sellers identified on Schedule "A" hereto. Such restraining of the funds andthe disclosure of the related financial institution account information shall be made without notice to the account owners until after those accounts are restrained. No funds restrained by this Order shall be transferred or surrendered by Amazon for any purpose (other than pursuant to a chargeback made pursuant to Amazon security interest in the funds) without the express authorization of this Court or at the direction of Plaintiffs with written authorization from the affected Defendant. IT IS ORDERED that Plaintiffs shall deposit with the Court one thousand U.S. Dollars ($1,000.00), either as cash or security bond, which the Court deems sufficient to cover any damages suffered by Defendants as a result of a wrongful restraint hereunder. IT IS ORDERED that Plaintiffs' ex parte application and supporting papers (Dkt. #9, 10, 13) and this Order shall be filed under seal, viewable only to Plaintiffs, and shall remain under seal until June 24, 2022, unless a further Order is obtained from the Court and as further set forth in this Order. SO ORDERED. (Show Cause Hearing set for 6/27/2022 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla., Show Cause Response due by 6/22/2022.), Motions terminated: 9 EMERGENCY MOTION for Temporary Restraining Order. filed by Shantou Taihui Trading Co., Yueshen Ji, 13 EMERGENCY MOTION for Temporary Restraining Order. filed by Shantou Taihui Trading Co., Yueshen Ji., (Show Cause Hearing set for 6/27/2022 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla., Show Cause Response due by 6/22/2022., Replies due by 6/24/2022.) (Signed by Judge Katherine Polk Failla on 6/17/22) (yv) Transmission to Finance Unit (Cashiers) for processing. |
| 06/16/2022 | Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 6/16/2022. Attorney Robert Dewitty representing Plaintiffs present. (Court Reporter recorded) |
| 06/16/2022 | ***EX-PARTE***EMERGENCY MOTION for Temporary Restraining Order. Document filed by Shantou Taihui Trading Co., Yueshen Ji. (Attachments: # (1) Affidavit Declaration of Robert DeWitty, # (2) Affidavit Declaration of Xiaoqing Shen, # (3) Exhibit Exhibit - Article, # (4) Text of Proposed Order Proposed Order)Motion or Order to File Under Seal: [12]. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing. |
| 06/15/2022 | MEMO ENDORSEMENT on PLAINTIFFS' MOTION FOR LEAVE TO FILE UNDER SEAL: granting 7 Motion to Seal; granting 8 Motion to Seal. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate the motions at docket entries 7 and 8. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/15/2022) |
| 06/15/2022 | CIVIL COVER SHEET filed. |
| 06/15/2022 | ***EX-PARTE***FIRST MEMORANDUM OF LAW in Support re: [9] EMERGENCY MOTION for Temporary Restraining Order. Document filed by Shantou Taihui Trading Co., Yueshen Ji. Motion or Order to File Under Seal: [8]. |
| 06/15/2022 | ***EX-PARTE***EMERGENCY MOTION for Temporary Restraining Order. Document filed by Shantou Taihui Trading Co., Yueshen Ji. (Attachments: # (1) Affidavit Declaration of Robert DeWitty, # (2) Exhibit Exhibit 1 Sales Receipt, # (3) Exhibit Patent Search Wrapper, # (4) Text of Proposed Order Proposed Order, # (5) Exhibit Schedule A, # (6) Exhibit Defendants Internet Stores)Motion or Order to File Under Seal: [8]. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing. |
| 06/15/2022 | SECOND MOTION to Seal. Document filed by Shantou Taihui Trading Co., Yueshen Ji. 附件： 1:Affidavit Declaration of Robert DeWitty |
| 06/15/2022 | FIRST MOTION to Seal. Document filed by Shantou Taihui Trading Co., Yueshen Ji. |
| 06/13/2022 | ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Dewitty. The following case opening statistical information was erroneously selected/entered: Dollar Demand Blank; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of U.S. |
| 06/13/2022 | Case Designated ECF. |
| 06/13/2022 | Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. |
| 06/13/2022 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions. |
| 06/13/2022 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert Dewitty to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Invalid Nature of Suit/ Basis of Jurisdiction combination [830 Patent/Diversity] selected on Civil Cover Sheet form. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. |
| 06/13/2022 | ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Dewitty. The party information for the following party/parties has been modified: THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A, YUESHEN JI, SHANTOU TAIHUI TRADING CO. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. |
| 06/13/2022 | NOTICE of NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE. Document filed by Shantou Taihui Trading Co., Yueshen Ji. |
| 06/13/2022 | AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). |
| 06/13/2022 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions. |
| 06/13/2022 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert Dewitty to RE-FILE Document No. [2] Civil Cover Sheet. The filing is deficient for the following reason(s): Invalid Nature of Suit/ Basis of Jurisdiction combination [830 Patent/[4]Diversity] selected on Civil Cover Sheet form. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. |
| 06/13/2022 | ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Dewitty. The party information for the following party/parties has been modified: THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A, YUESHEN JI, SHANTOU TAIHUI TRADING CO. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. |
| 06/13/2022 | ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Dewitty. The following case opening statistical information was erroneously selected/entered: Dollar Demand Blank; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of U.S. |
| 06/10/2022 | NOTICE OF APPEARANCE by Robert Dewitty on behalf of YUESHEN JI, SHANTOU TAIHUI TRADING CO. |
| 06/10/2022 | AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review. |
| 06/10/2022 | CIVIL COVER SHEET filed. |
| 06/10/2022 | COMPLAINT against THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A. (Filing Fee $ 402.00, Receipt Number ANYSDC-26270148)Document filed by YUESHEN JI, SHANTOU TAIHUI TRADING CO. 附件： 1:Exhibit Exhibit |
