最近更新：2025-01-18
2024-cv-12377
| 日期 | 描述 |
|---|---|
| 01/17/2025 | MOTION by Plaintiff Peixian JiYi Cat Trading Co. Ltd. for extension of time extend TRO |
| 01/10/2025 | SEALED ORDER Signed by the Honorable LaShonda A. Hunt on 1/10/2025. Mailed notice (gel,) |
| 01/10/2025 | 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, expedited discovery, and service of process by e-mail and/or electronic publication 27 is granted. Plaintiff's written submissions establish that if defendant was informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendant, 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 defendant from an order directing it 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 $1,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Plaintiff's renewed motion to exceed page limitation 31 is granted. Plaintiff may exceed the 15-page limit by filing an 18-page memorandum in support of Plaintiff's renewed ex parte motion for entry of a TRO 28 instanter. Plaintiff's motion for leave to file under seal 30 is granted. Second Amended Schedule A 29 shall remain sealed until further court order. No appearance is necessary on the motion for a TRO, motion for leave to exceed page limits, or motion for leave to seal on 1/14/25. Mailed notice |
| 01/08/2025 | MOTION by Plaintiff Peixian JiYi Cat Trading Co. Ltd. for leave to file excess pages |
| 01/08/2025 | MOTION by Plaintiff Peixian JiYi Cat Trading Co. Ltd. to seal document sealed document[29] |
| 01/08/2025 | MOTION by Plaintiff Peixian JiYi Cat Trading Co. Ltd. for temporary restraining order |
| 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. |
| 12/26/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 18 questioning whether Plaintiff had met its burden of establishing that permissive joinder of 96 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 first amended schedule A 19, memorandum in response to the Court's order to show cause regarding joinder 20, declaration of Konrad Sherinian and accompanying exhibits 21, and second declaration of Ran Wei 22. Plaintiff argues that joinder is proper because each Defendant is selling substantially the same product made by the same manufacturer, Defendants incorporate numerous common design elements and intentionally omit or provide erroneous contact information, Plaintiff is generally facing a "swarm of attacks," Defendants employ similar advertising and marketing strategies, and Defendants allegedly are in constant communication with each other in QQ.com chat rooms. 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 use similar tactics to avoid law enforcement 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 4-6, 8, 11-15, 17-23, 26-36, 38, 40-41, 43, 45-50, 52-54, 56-57, 59-62, 66, 69-71, 73-75, 77-78, 80-88, 90, 92, and 94-96 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, including a temporary injunction, a temporary asset restraint, and expedited discovery 8 and Plaintiff's motion to exceed page limit 13 as to all Defendants are terminated as moot. By 1/9/25, Plaintiff may file a renewed TRO motion and motion to exceed page limit 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. Plaintiff's motion for leave to file under seal 23 is granted. First Amended Schedule A 19 shall remain sealed until further court order. No appearance is necessary on 1/7/25. Emailed notice. |
| 12/25/2024 | MOTION by Plaintiff Peixian JiYi Cat Trading Co. Ltd. to seal document sealed document[19] First Amended Schedule A |
| 12/18/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 96 Defendants in this single case and seeks ex parte TRO relief against each of them 8. 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 1/2/25, 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 8 and motion for leave to file excess pages 13 remain under advisement until the joinder issue is resolved. Emailed notice. |
| 12/05/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for a temporary restraining order 8 and for leave to file excess pages 13 are taken under advisement. No appearance is necessary on 12/10/24. Emailed notice. |
| 12/03/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal [14] is granted in part and denied in part. Schedule A [3], Exhibit 1 to the Complaint [2], and Exhibit 1 to the Declaration of Ran Wei [12] shall remain sealed until further court order. However, Plaintiff has not established any basis for sealing its patent information [2-1]. See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case. be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."). The Clerk of Court is directed, forthwith, to unseal Exhibit 2 to the Complaint [2-1]. No appearance is necessary on 12/10/24. Emailed notice. |
| 12/02/2024 | NOTICE of Motion by Konrad Val Sherinian for presentment of motion to seal document 14, motion for temporary restraining order 8, motion for leave to file excess pages 13 before Honorable LaShonda A. Hunt on 12/10/2024 at 10:00 AM. |
| 12/02/2024 | MOTION by Plaintiff Peixian JiYi Cat Trading Co. Ltd. to seal document sealed document 3, sealed document 2, sealed document 12 |
| 12/02/2024 | MOTION by Plaintiff Peixian JiYi Cat Trading Co. Ltd. for leave to file excess pages |
| 12/02/2024 | SEALED DOCUMENT by Plaintiff Peixian JiYi Cat Trading Co. Ltd. Exh 1 to Dec of Ran Wei - Evidence of Infringement 附件： 1:(Exhibit Evidence Stores 49-96) |
| 12/02/2024 | DECLARATION of Ran Wei regarding motion for temporary restraining order 8 |
| 12/02/2024 | DECLARATION of Konrad Sherinian regarding motion for temporary restraining order 8 附件： 1:(Exhibit Exh. 4 - Binder of Unreported Cases) 2:Exhibit Exh. 3 - Civil Procedure Law of the People's Republic of China 3:Exhibit Exh. 2 - Hague Convention 4:Exhibit Exh. 1 - Intellectual Property Rights Seizure Statistics |
| 12/02/2024 | MEMORANDUM by Peixian JiYi Cat Trading Co. Ltd. in support of motion for temporary restraining order 8 |
| 12/02/2024 | MOTION by Plaintiff Peixian JiYi Cat Trading Co. Ltd. for temporary restraining order |
| 12/02/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Peixian JiYi Cat Trading Co. Ltd. |
| 12/02/2024 | ATTORNEY Appearance for Plaintiff Peixian JiYi Cat Trading Co. Ltd. by Depeng Bi |
| 12/02/2024 | 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. |
| 12/02/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1). |
| 12/02/2024 | ATTORNEY Appearance for Plaintiff Peixian JiYi Cat Trading Co. Ltd. by Konrad Val Sherinian |
| 12/02/2024 | CIVIL Cover Sheet |
| 12/02/2024 | SEALED DOCUMENT by Plaintiff Peixian JiYi Cat Trading Co. Ltd. Schedule A to Complaint |
| 12/02/2024 | SEALED DOCUMENT by Plaintiff Peixian JiYi Cat Trading Co. Ltd. Exh. 1 to Complaint - Sealed 附件： 1:(Exhibit Exh. 2 to Complaint - Sealed) |
| 12/02/2024 | COMPLAINT filed by Peixian JiYi Cat Trading Co. Ltd.; Filing fee $ 405, receipt number AILNDC-22788433. 附件： 1:(Exhibit Exh. 5 - Combating Trafficking in Counterfeit and Pirated Goods) 2:Exhibit Exh. 1 - An Infringing Product Public 3:Exhibit Exh. 2 - Design Patent - Public 4:Exhibit Exh. 3 - Intellectual Property Rights Seizure Statistics 5:Exhibit Exh. 4 - Alibaba, Amazon, and Counterfeiting in the Age of the Internet |
