最近更新：2025-01-14
2024-cv-08816
| 日期 | 描述 |
|---|---|
| 12/22/2024 | NOTICE of Voluntary Dismissal by Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding Defendants 15, 16, 24, 25, 27, 28, 32, and 33 |
| 12/11/2024 | MAILED patent report with certified copy of minute order dated 12/6/2024 dated to Patent Trademark Office, Alexandria VA. (jn,) |
| 12/06/2024 | FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 12/6/2024. Mailed notice |
| 12/06/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice |
| 12/05/2024 | MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [38] is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's design patent irreparably harms plaintiff and confuses the public. This infringement was willful and defaulting defendants' profits are awarded pursuant to 35 U.S.C. § 289. A design patentee may recover damages under 35 U.S.C. § 284 or under 35 U.S.C. § 289, "but he shall not twice recover the profit made from the infringement." 35 U.S.C. § 289. Plaintiff asks the Court to award compensatory damages and treble damages pursuant to 35 U.S.C. § 284. Upon a finding of infringement, 35 U.S.C. § 284 provides that the Court "shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court." Compensatory damages under § 284 are defined as "compensation for pecuniary loss he (the patentee) has suffered from the infringement, without regard to the question whether the defendant has gained or lost by his unlawful acts." Aro Mfg. Co. v. Convertible Top Replacement Co., 377 U.S. 476, 507 (1964). Specifically, "a patentee is entitled to lost[-]profit damages if it can establish four things: (1) demand for the patented product; (2) absence of acceptable non-infringing alternatives; (3) manufacturing and marketing capability to exploit the demand; and (4) the amount of profit it would have made." Sunoco Partners marketing & Terminals L.P. v. U.S. Venture, Inc., 32 F.4th 1161, 1180 (Fed. Cir. 2022) (internal quotes and citation omitted). Plaintiff has offered no evidence regarding any of these factors. Nor has plaintiff offered a reasonable royalty estimate. Accordingly, its request for Section 284 damages is denied. A design patentee may also recover damages under 35 U.S.C. § 289. Section 289 provides that "[w]hoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or (2) sells or exposes for sale any article of manufacture to which such design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit, but not less than $250." 35 U.S.C. § 289. Regarding subtracting costs from gross revenue to calculate profits from infringement under 35 U.S.C. § 289, "[t]he burden of establishing the nature and amount of these costs, as well as their relationship to the infringing product, is on the defendants." Moose Labs LLC v. The Partnerships, et al., No. 22-cv-04227, Doc. 43, (N.D. Ill. Dec. 5, 2022) (internal quotes and citation omitted). Plaintiff asserts that the currently restrained amounts in defendants' frozen accounts should be awarded because defendants have not met their burden of apportioning gross sales or showing any deductions from revenue. Doc. 39 at 9. Plaintiff states that the information provided by Amazon indicates that the revenue generated by defendants from the sale of infringing products is at least $50,488.68 and the information provided by Temu indicates that 11,654 infringing products were sold. On this record, the Court concludes that plaintiff is entitled to the greater of the amount restrained or $250 from each defaulting defendant, totaling $12,322.53, as a reasonable calculation of profits from defendants' infringing activity. Oakley, Inc. v. The Partnerships, et al., No. 20-cv-02970 (N.D. Ill. Oct. 26, 2020) (Doc. 61) ("Although the information about defendants' profits and revenues is sparse and there is the possibility that the restrained funds were generated by non-infringing sales, the court concludes that plaintiff's efforts provide the best available measure of profits."); Moose Labs LLC, No. 22-cv-04227 (N.D. Ill. Dec. 5, 2022) (Doc. 43) ("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.") Plaintiff has also certified and established [41] that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 12/10/2024 is stricken. The forty-thousand-dollar ($40,000.00 USD) bond posted by Plaintiff, including any applicable or earned interest, is hereby released to Plaintiff's counsel: Avek IP, LLC. The Clerk of the Court is directed to return said bond previously deposited with the Clerk of the Court to Plaintiff's counsel by check made out to: Avek IP, LLC, 7285 W. 132nd Street, Suite 340, Overland Park, Kansas 66213. By the close of business on 12/5/2024, Plaintiff shall submit a proposed default judgment order to the Court's proposed order inbox for entry. Mailed notice. |
| 11/25/2024 | CERTIFICATE of Service by Allen Justin Poplin on behalf of Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding terminate hearings, set/reset hearings, [40] (Poplin, Allen Justin) |
| 11/25/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [38] for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 12/2/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 12/2/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 12/10/2024 at 9:15 a.m. Telephone status hearing set for 12/3/2024 is stricken. Mailed notice |
| 11/22/2024 | MEMORANDUM by Shangyou Jiayi Lighting Prodcut Co., Ltd. in support of motion for default judgment[38] 附件： 1:Declaration Poplin declaration |
| 11/22/2024 | MOTION by Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd. for default judgment as to remaining defendants (Poplin, Allen Justin) |
| 11/20/2024 | NOTICE of Voluntary Dismissal by Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding Defendant 14 |
| 11/11/2024 | NOTICE of Voluntary Dismissal by Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding Defendants 39 and 40 |
| 11/06/2024 | NOTICE of Voluntary Dismissal by Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding Defendant 20 |
| 11/01/2024 | NOTICE of Voluntary Dismissal by Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding Defendant 34 |
| 10/28/2024 | Terminating haohengbantuo, qipuyi, shenzhenbaokuangongyinglianyouxiangongsi d/b/a BSGlobalX, shenzhenshijinduoyunshangwuyouxiangongsi d/b/a Hezbjiti, tai zhou xin liu mao yi you xian gong si d/b/a xinliulighting, xia ying d/b/a ZELUXDOT, xinliulighting d/b/a Da ke, COLORPAI and LifeHarbor (Poplin, Allen Justin) |
| 10/28/2024 | NEW PARTIES: Melody Light, Luminance, Llana Yooli, LightInnovate, LightGlow, LifeHarbor, JINRUN H, Jincai Ecommerce, IRONFORGE LIGHTING, instockschoise, haohengbantuo, COLORPAI, Brightown Decor, BINDLAN LIGHTING and BINDLAN SMART LIFE added to case caption. (Poplin, Allen Justin) |
| 10/28/2024 | NEW PARTIES: YaaFen Garden, VOILEY home life, Tidal Drive, Starlight D, Smart Light, SereneGlow, SANOOL and qipuyi added to case caption. (Poplin, Allen Justin) |
| 10/28/2024 | NEW PARTIES: xinliulighting d/b/a Da ke, chongqing xingbaitai shangmao youxian gongsi d/b/a RY Shopping Time, shenzhenshijinduoyunshangwuyouxiangongsi d/b/a Hezbjiti, Guangxi Nanning Zhenzhen Technology Co., LTD d/b/a AiroZhenTop Direct, shenzhenbaokuangongyinglianyouxiangongsi d/b/a BSGlobalX, xia ying d/b/a ZELUXDOT and tai zhou xin liu mao yi you xian gong si d/b/a xinliulighting added to case caption. (Poplin, Allen Justin) |
| 10/24/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 10/24/2024. Mailed notice |
| 10/24/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [28] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [26, 31] that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. Plaintiff's Motion to Unseal [29] is granted. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 10/28/2024 is stricken. Summons was issued on 10/2/2024, and Defendants' responses to the complaint are due by 11/4/2024. Plaintiff should file any motion for entry of default and default judgment by 11/26/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 12/3/2024 at 9:15 a.m. Mailed notice |
| 10/21/2024 | CERTIFICATE of Service by Allen Justin Poplin on behalf of Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding terminate hearings, set/reset hearings, [30] (Poplin, Allen Justin) |
| 10/21/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [28] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all remaining defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by 10/23/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 10/23/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative preliminary injunction hearing is set for 10/28/2024 at 9:15 a.m. Telephone status hearing set for 10/29/2024 is stricken. Mailed notice |
| 10/18/2024 | MOTION by Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd. to unseal case (Poplin, Allen Justin) |
| 10/18/2024 | MOTION by Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd. for preliminary injunction 附件： 1:Exhibit Poplin declaration |
| 10/15/2024 | NOTICE of Voluntary Dismissal by Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding Defendants 9, 21, 31, and 36 |
| 10/14/2024 | SUMMONS Returned Executed by Shangyou Jiayi Lighting Prodcut Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/14/2024, answer due 11/4/2024. (Poplin, Allen Justin) |
| 10/14/2024 | NOTICE of Voluntary Dismissal by Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding Defendants 1 and 6 |
| 10/10/2024 | NOTICE of Voluntary Dismissal by Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding Defendant 11 |
| 10/09/2024 | BOND in the amount of $40,000.00 cashier's check, Receipt No. 100011838, posted by Shangyou Jiayi Lighting Product Co., Ltd. |
| 10/09/2024 | ATTORNEY Appearance for Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd. by Wangxue Deng |
| 10/09/2024 | Registry Deposit Information Form by Shangyou Jiayi Lighting Prodcut Co., Ltd. (Poplin, Allen Justin) |
| 10/08/2024 | NOTICE of Voluntary Dismissal by Shangyou Jiayi Lighting Prodcut Co., Ltd. regarding Defendants 10 and 37 (Poplin, Allen Justin) |
| 10/03/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order [18] is granted. For the reasons stated in Plaintiff's Memorandum [19], the Court finds good cause to extend the temporary restraining order an additional 14 days to 10/28/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 10/21/2024. Telephone status hearing set for 10/8/2024 is stricken and reset to 10/29/2024 at 9:15 a.m. Mailed notice |
| 10/03/2024 | MEMORANDUM by Shangyou Jiayi Lighting Prodcut Co., Ltd. in support of motion for temporary restraining order[18] 附件： 1:Exhibit Poplin declaration |
| 10/03/2024 | MOTION by Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd. for temporary restraining order extension (Poplin, Allen Justin) |
| 10/02/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 09/30/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 9/30/2024. Mailed notice |
| 09/30/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Enter Sealed Temporary Restraining Order at 9:00 a.m. on 9/30/2024. Mailed notice |
| 09/27/2024 | MINUTE entry before the Honorable Sunil R. Harjani: At counsel's request, telephonic status hearing previously set for 10/11/2024 is stricken and reset to 10/8/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 09/27/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal [4], motion for electronic service of process [9], and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [10] are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order will also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit products, and 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 10/4/2024. Telephone status hearing is set for 10/11/2024 at 9:15 a.m. By 9/30/2024, Plaintiff shall submit a proposed temporary restraining order to the Court's proposed order inbox for entry. The Court presumptively requires a bond of $1,000 per defendant. Mailed notice |
| 09/25/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion to seal [3] is stricken as duplicative. Mailed notice |
| 09/25/2024 | 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. |
| 09/25/2024 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1). |
| 09/25/2024 | MAILED Patent report to Patent Trademark Office, Alexandria VA |
| 09/24/2024 | MEMORANDUM by Shangyou Jiayi Lighting Prodcut Co., Ltd. in support of motion for temporary restraining order[10] (Poplin, Allen Justin) |
| 09/24/2024 | MOTION by Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd. for temporary restraining order (Poplin, Allen Justin) |
| 09/24/2024 | MOTION by Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd.Electronic Service of Process (Poplin, Allen Justin) |
| 09/24/2024 | Notice of Patent Claims by Shangyou Jiayi Lighting Prodcut Co., Ltd. (Poplin, Allen Justin) |
| 09/24/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shangyou Jiayi Lighting Prodcut Co., Ltd. (Poplin, Allen Justin) |
| 09/24/2024 | ATTORNEY Appearance for Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd. by Allen Justin Poplin (Poplin, Allen Justin) |
| 09/24/2024 | CIVIL Cover Sheet (Poplin, Allen Justin) |
| 09/24/2024 | MOTION by Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd. to seal [2] (Poplin, Allen Justin) |
| 09/24/2024 | MOTION by Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd. to seal [2] (Poplin, Allen Justin) |
| 09/24/2024 | SEALED EXHIBIT by Plaintiff Shangyou Jiayi Lighting Prodcut Co., Ltd. Schedule A regarding complaint[1] (Poplin, Allen Justin) |
| 09/24/2024 | COMPLAINT filed by Shangyou Jiayi Lighting Prodcut Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22518121. 附件： 1:Exhibit Schedule A 2:Exhibit 1 |
