最近更新：2025-01-17
2024-cv-12341
| 日期 | 描述 |
|---|---|
| 01/13/2025 | BOND in the amount of $ 5000.00 cashiers check receipt no 100015228 posted by DPG USA Inc |
| 01/10/2025 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion to extend the temporary restraining order [25] is granted. The TRO is extended to 1/30/25 for the reasons stated in the order granting the initial TRO [23]. No appearance is necessary on 1/16/25. Mailed notice (gel,) |
| 01/08/2025 | NOTICE of Motion by Allen Justin Poplin for presentment of motion for temporary restraining order[25] before Honorable LaShonda A. Hunt on 1/16/2025 at 10:00 AM. (Poplin, Allen Justin) |
| 01/08/2025 | MEMORANDUM by DPG USA Inc. in support of motion for temporary restraining order[25] 附件： 1:Exhibit A |
| 01/08/2025 | MOTION by Plaintiff DPG USA Inc. for temporary restraining order extension (Poplin, Allen Justin) |
| 01/06/2025 | Registry Deposit Information Form by DPG USA Inc. |
| 01/02/2025 | SEALED Temporary Restraining Order. Signed by the Honorable LaShonda A. Hunt on 1/2/2025. Mailed notice. |
| 01/02/2025 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motions for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [17] and entry of a temporary restraining order [18] are granted. Plaintiff's written submissions establish that if Defendant 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 Defendant and implement the asset freeze. If Defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $5,000.00 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 1/16/25. Mailed notice. |
| 12/20/2024 | 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 Honorable Virginia M. Kendall on 12/20/2024: Mailed notice. |
| 12/31/2024 | NOTICE of Motion by Allen Justin Poplin for presentment of motion for temporary restraining order[18], motion for miscellaneous relief[17] before Honorable LaShonda A. Hunt on 1/16/2025 at 10:00 AM. (Poplin, Allen Justin) |
| 12/31/2024 | MEMORANDUM by DPG USA Inc. in support of motion for temporary restraining order[18] (Poplin, Allen Justin) |
| 12/31/2024 | MOTION by Plaintiff DPG USA Inc. for temporary restraining order (Poplin, Allen Justin) |
| 12/31/2024 | MOTION by Plaintiff DPG USA Inc.alternate service (Poplin, Allen Justin) |
| 12/13/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order [12] questioning whether Plaintiff had met its burden of establishing that permissive joinder of Defendant Nos. 1-37 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 Notice of Dismissal Under Rule 41(a)(1) [13] voluntarily dismissing Defendant Nos. 1-23, a Supplemental Memorandum Regarding Joinder [14] [15], and an Amended Schedule A including Defendant Nos. 24-37 only. Plaintiff essentially argues that joinder is proper because Defendant Nos. 24-37 all sell the identical products on Temu and use identical advertising images and such similarities support its conclusory allegation that Defendants jointly and severally infringed Plaintiff's patent, 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). Furthermore, Plaintiff's argument that all Defendants' use of the "same" rather than "similar" images is not persuasive. See id. ("Even if the webpages were identical, it would not necessarily suggest the defendants are connected. To the contrary, it would hardly be surprising that multiple, independent sellers of similar products would parrot each other's webpages or match each other's prices."). Because Plaintiff has failed to cure the misjoinder here, the Court exercises its discretion to do so. Therefore, the Court dismisses Defendant Nos. 25-37 without prejudice for improper joinder. This action will proceed as to Defendant No. 24 only. Plaintiff's motions for electronic service [4] and a TRO [5] as to all Defendants are terminated as moot. By 12/31/24, Plaintiff may file renewed electronic service and TRO motions as to Defendant No. 24, whose identity shall remain under seal until that date. If Plaintiff does not request further relief as to Defendant No. 24, all previously sealed documents will be unsealed, and this case may be dismissed for want of prosecution. Emailed notice. |
| 12/12/2024 | SEALED RESPONSE by DPG USA Inc. to memorandum, [14], order on motion for miscellaneous relief, order on motion for temporary restraining order, order on motion to seal, set deadlines, terminate motions, [12] |
| 12/12/2024 | MEMORANDUM order on motion for miscellaneous relief, order on motion for temporary restraining order, order on motion to seal, set deadlines, terminate motions, [12] by DPG USA Inc. 附件： 1:Appendix Redacted Schedule A |
| 12/12/2024 | NOTICE of Voluntary Dismissal by DPG USA Inc. of defendants 1-23 (Poplin, Allen Justin) |
| 12/05/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 37 Defendants in this single case and seeks ex parte relief against each of them [4] [5]. However, after reviewing the redacted and sealed versions of the complaint [1] [2] 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."). Examples of a few of the 37 Defendants using the same or similar images are not enough. By 12/19/24, 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 motions for electronic service [4] and a TRO [5] are taken under advisement until the joinder issue is resolved. Plaintiff's motion to seal [7] is granted. The unredacted version of the complaint and schedules [1] shall remain under seal until further order of the Court. Finally, the Court notes that none of these motions were timely noticed for presentment. As a one-time courtesy and because there is a preliminary joinder issue that needs to be resolved, Plaintiff's non-compliance with the Court's notice of presentment requirement will be disregarded. For future reference, non-compliant motions will be stricken. Emailed notice. |
| 12/04/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DPG USA Inc. (Poplin, Allen Justin) |
| 12/04/2024 | ATTORNEY Appearance for Plaintiff DPG USA Inc. by Wangxue Deng |
| 12/04/2024 | 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. |
| 12/04/2024 | 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). |
| 12/04/2024 | Notice of Patent Claims by DPG USA Inc. (Poplin, Allen Justin) |
| 12/04/2024 | ATTORNEY Appearance for Plaintiff DPG USA Inc. by Allen Justin Poplin (Poplin, Allen Justin) |
| 12/04/2024 | MOTION by Plaintiff DPG USA Inc. to seal [2] (Poplin, Allen Justin) |
| 12/04/2024 | MEMORANDUM by DPG USA Inc. in support of motion for temporary restraining order[5] (Poplin, Allen Justin) |
| 12/04/2024 | MOTION by Plaintiff DPG USA Inc. for temporary restraining order (Poplin, Allen Justin) |
| 12/04/2024 | MOTION by Plaintiff DPG USA Inc.Electronic Service of Process (Poplin, Allen Justin) |
| 12/04/2024 | CIVIL Cover Sheet (Poplin, Allen Justin) |
| 12/04/2024 | SEALED DOCUMENT by Plaintiff DPG USA Inc. UNREDACTED Complaint 附件： 1:Appendix Schedule A-1 2:Appendix Schedule A-2 3:(Exhibit 1)(Poplin, Allen Justin) 4:Appendix Schedule A |
| 12/04/2024 | COMPLAINT filed by DPG USA Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22798566. 附件： 1:Exhibit 1 2:Appendix Schedule A-2 3:Appendix Schedule A-1 4:Appendix Schedule A |
