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2024-cv-08626
| 日期 | 描述 |
|---|---|
| 11/01/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 11/1/2024. Emailed notice. |
| 11/01/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 36 is granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $3,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 11/6/24. Emailed notice. |
| 10/31/2024 | NOTICE of Motion by Matthew Richard Grothouse for presentment of motion for temporary restraining order 36 before Honorable LaShonda A. Hunt on 11/6/2024 at 10:00 AM. |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff Audiowear Technology Corporation Exhibit 1 to Motion for Temporary Restraining Order |
| 10/31/2024 | MEMORANDUM in Support of Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 10/30/2024 | MOTION by Plaintiff Audiowear Technology Corporation for temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery |
| 10/24/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Reconsideration of Joinder of Defendants Pursuant to 35 U.S.C. § 299 33 is granted as to Plaintiff's alternative request to find proper joinder for Defendant Nos. 18, 19, and 20 only, and denied in all other respects. Defendant No. 1 is dismissed, and this action will proceed as to Defendants Nos.18, 19, and 20 only. By 11/7/24, Plaintiff may file a renewed TRO motion as to Defendant Nos. 18, 19, and 20, whose identity shall remain under seal until that date. If Plaintiff does not request further relief as to Defendant Nos. 18, 19, and 20, all previously sealed documents will be unsealed, and this case may be dismissed for want of prosecution. No appearance is necessary on 10/29/24. Emailed notice. |
| 10/17/2024 | NOTICE of Motion by Matthew Richard Grothouse for presentment of motion for reconsideration 33 before Honorable LaShonda A. Hunt on 10/29/2024 at 10:00 AM. |
| 10/17/2024 | MOTION by Plaintiff Audiowear Technology Corporation for reconsideration regarding sealed document 31 |
| 10/09/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 27 questioning whether Plaintiff had met its burden of establishing that permissive joinder of 107 Defendants in this case was proper under 35 U.S.C. §299. Plaintiff was granted leave to file either a supplemental memorandum or an amended Schedule A consistent with that ruling. In response, Plaintiff filed a Memorandum in Support of Joinder of Defendants Pursuant to 35 U.S.C. §299 31, arguing that there is a level of coordination amongst Defendants because they operate from China, sell the exact same product, and use some of the same photographs in their product listings. Plaintiff contends that such similarities support its conclusory allegation that Defendants' actions arise out of the same transaction, occurrence, or series of transactions or occurrences, but the Court remains unconvinced. See Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at *2 (N.D. Ill. Jan. 4, 2024) (finding that plaintiff's allegations that all of the defendants' online storefronts share numerous similarities, are located in China, and have a similar number of employees were insufficient to establish joinder under 35 U.S.C. § 299). Because Plaintiff has failed to cure the misjoinder here, the Court exercises its discretion to do so. Therefore, the Court dismisses Defendants 2 - 107 without prejudice for improper joinder. This action will proceed as to Defendant 1 only. Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order 13 and Motion for Electronic Service 20 as to all Defendants are terminated as moot. By 10/23/24, Plaintiff may file a renewed TRO motion as to Defendant 1, whose identity shall remain under seal until that date. If Plaintiff does not request further relief as to Defendant 1, all previously sealed documents will be unsealed, and this case may be dismissed for want of prosecution. Emailed notice. |
| 10/08/2024 | SEALED DOCUMENT by Plaintiff Audiowear Technology Corporation Memorandum in Support of Joinder of Defendants Pursuant to 35 U.S.C. 299 附件： 1:(Exhibit 1) |
| 10/08/2024 | DECLARATION of Matthew R. Grothouse |
| 10/08/2024 | SEALED DOCUMENT by Plaintiff Audiowear Technology Corporation Amended Schedule A 附件： 1:Exhibit 1, Part 1 2:(Exhibit 1, Part 2) |
| 10/08/2024 | AMENDED complaint by Audiowear Technology Corporation against Partnerships, Corporations, and Unincorporated Associations identified on Schedule A 附件： 1:(Exhibit 1 - Complaint Redlines) |
| 10/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 107 Defendants in this single case and seeks ex parte TRO relief against each of them 13. However, after reviewing the complaint 1 and other filings, the Court questions whether Plaintiff has established sufficient grounds for joinder of all Defendants. See 35 U.S.C. § 299; Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at *1 (N.D. Ill. Jan. 4, 2024) ("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."). By 10/16/24, Plaintiff must either (a) file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A Defendant to demonstrate that joinder is proper; or (b) file under seal an amended Schedule A with a subset of Defendants, along with an amended declaration that explains how each of these Defendants is properly joined with each other and includes labeled exhibits that contain screenshots or other information specific to Defendants listed on amended Schedule A only. The motion for a TRO 13 and the motion for electronic service of process 20 are taken under advisement until the joinder issue is resolved. No appearance is necessary on 10/8/24. Plaintiff's Motion to Appear Telephonically 24 is denied as moot. Emailed notice. |
| 10/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 4 is granted. Schedule A 2, Exhibit 1 to the Complaint 3, and Exhibit 2 to the Declaration of Patrick Lockman 19 shall remain under seal pending further order of the Court. No appearance is necessary on 10/8/24. Emailed notice. |
| 10/01/2024 | NOTICE of Motion by Matthew Richard Grothouse for presentment of motion for miscellaneous relief 24 before Honorable LaShonda A. Hunt on 10/8/2024 at 10:00 AM. |
| 10/01/2024 | MOTION by Plaintiff Audiowear Technology Corporationto Appear Telephonically |
| 10/01/2024 | NOTICE of Motion by Matthew Richard Grothouse for presentment of motion to seal 4, motion for miscellaneous relief 20, motion for temporary restraining order 13 before Honorable LaShonda A. Hunt on 10/8/2024 at 10:00 AM. |
| 09/20/2024 | NOTICE by Audiowear Technology Corporation re MOTION by Plaintiff Audiowear Technology Corporation to seal documents 4, MOTION by Plaintiff Audiowear Technology Corporation for temporary restraining order including a temporary injunction, a temporary asset restraint, and expedited discovery 13, MOTION by Plaintiff Audiowear Technology Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 20 |
| 09/20/2024 | MEMORANDUM by Audiowear Technology Corporation in support of motion for miscellaneous relief 20 |
| 09/20/2024 | MOTION by Plaintiff Audiowear Technology Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 09/20/2024 | SEALED DOCUMENT by Plaintiff Audiowear Technology Corporation |
| 09/20/2024 | SEALED DOCUMENT by Plaintiff Audiowear Technology Corporation |
| 09/20/2024 | DECLARATION of Elaine Lam regarding memorandum in support of motion 14 |
| 09/20/2024 | DECLARATION of Julia Tsao regarding memorandum in support of motion 14 附件： 1:(Exhibit 1) |
| 09/20/2024 | DECLARATION of Matthew R. Grothouse regarding memorandum in support of motion 14 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 09/20/2024 | MEMORANDUM by Audiowear Technology Corporation in support of motion for temporary restraining order 13 |
| 09/20/2024 | MOTION by Plaintiff Audiowear Technology Corporation for temporary restraining order including a temporary injunction, a temporary asset restraint, and expedited discovery |
| 09/20/2024 | ATTORNEY Appearance for Plaintiff Audiowear Technology Corporation by Lena Nadine Bacani |
| 09/20/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Motion by Attorney Lena Bacani for Leave to Appear Pro Hac Vice on behalf of Audiowear Technology Corporation 10 is granted. Emailed notice. |
| 09/19/2024 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22499808. |
| 09/19/2024 | 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. |
| 09/19/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). |
| 09/19/2024 | MAILED Patent report to Patent Trademark Office, Alexandria VA |
| 09/19/2024 | ATTORNEY Appearance for Plaintiff Audiowear Technology Corporation by Matthew Richard Grothouse |
| 09/19/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Audiowear Technology Corporation |
| 09/19/2024 | NOTICE by Audiowear Technology Corporation - Notice of Claims Involving Patent |
| 09/19/2024 | CIVIL Cover Sheet |
| 09/19/2024 | MOTION by Plaintiff Audiowear Technology Corporation to seal documents |
| 09/19/2024 | SEALED DOCUMENT by Plaintiff Audiowear Technology Corporation Exhibit 1, Part 1 附件： 1:(Exhibit Part 2) |
| 09/19/2024 | SEALED DOCUMENT by Plaintiff Audiowear Technology Corporation Schedule A - Identifying Partnerships, Corporations, Persons, and Unincorporated Associations |
| 09/19/2024 | COMPLAINT FOR PATENT INFRINGEMENT filed by Audiowear Technology Corporation; Filing fee $ 405, receipt number BILNDC-22495460. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:(Exhibit 5) |
