最近更新:2025-01-17
更新

2024-cv-12808

Guangdong Aoyun Technology Co LTD v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:12/12/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
01/10/2025 SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 1/10/2025.
01/10/2025 MINUTE entry before the Honorable Matthew F. Kennelly: The Court finds based on its review of plaintiff's memorandum and the allegations in the complaint that joinder of multiple defendants is proper here under 35 USC 299 and Fed. R. Civ. P. 20. The telephonic hearing set for 1/17/2025 is vacated. Plaintiff's motion for electronic service of process 9 is granted. Plaintiff's motion for entry of an ex parte temporary restraining order 7 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 1/29/2025 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Any motion for preliminary injunction or motion to extend the TRO must be filed by 1/27/2025. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. In addition plaintiff should serve process promptly and not wait until too close to the preliminary injunction hearing to do so. If there is an insufficient interval between service of summons and the preliminary injunction hearing the Court may deny entry of a preliminary injunction due to inadequate notice. Mailed notice.
01/02/2025 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 6 is granted. The plaintiff in this patent infringement suit has sued 8 defendants. Because the case is currently under seal, the Court will be somewhat cryptic in its description of the patented item. The patent is not a design patent; it is a utility patent. Each of the infringing products is alleged to have the particular feature that is covered by the patent, but the accused products otherwise look quite different from each other. Because this is a patent infringement case, 35 USC 299(a) governs the question of joinder. Plaintiff's complaint alleges in relatively conclusory terms that the defendants are all connected with each other in various ways. In most of the so-called "Schedule A" intellectual property cases filed in this district against multiple defendants, it is plausible to infer connections among the defendants, because often they are all selling the identical or virtually indistinguishable products. That is not so here. Thus it's far harder to make the case that the offering and selling of the accused products arises from "the same transaction, occurrence, or series of transactions or occurrences," as required by section 299(a). And plaintiff has not made that case in its complaint. Plaintiff is ordered to show cause in writing by 1/10/2025 why the defendants other than the first-named defendant should not be dismissed without prejudice for improper joinder. The case is set for a telephonic hearing on 1/17/2025 at 9:05 AM, using call-in number 650-479-3207, access code 2305-915-8729.
12/27/2024 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 12/27/2024: Mailed notice.
12/22/2024 MAILED Patent report to Patent Trademark Office, Alexandria VA.
附件:
1:((List of Patents))
12/21/2024 MEMORANDUM by Guangdong Aoyun Technology Co Ltd in support of motion for miscellaneous relief 9
附件:
1:(Exhibit Declaration of Cheng)
12/21/2024 MOTION by Plaintiff Guangdong Aoyun Technology Co Ltdfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
12/21/2024 MEMORANDUM by Guangdong Aoyun Technology Co Ltd in support of motion for temporary restraining order 7
12/21/2024 MOTION by Plaintiff Guangdong Aoyun Technology Co Ltd for temporary restraining order
12/21/2024 MOTION by Plaintiff Guangdong Aoyun Technology Co Ltd to seal document sealed document 5, sealed document 4
12/21/2024 SEALED DOCUMENT by Plaintiff Guangdong Aoyun Technology Co Ltd re Infringing Evidence and Analysis
附件:
1:(Exhibit Exhibit Part 3)
2:Exhibit Exhibit Part 2
3:Exhibit Exhibit Part 1
12/21/2024 SEALED DOCUMENT by Plaintiff Guangdong Aoyun Technology Co Ltd - Schedule A Defendants
12/13/2024 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.
12/13/2024 CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 1).
12/12/2024 ATTORNEY Appearance for Plaintiff Guangdong Aoyun Technology Co Ltd by He Cheng
12/12/2024 CIVIL Cover Sheet
12/12/2024 COMPLAINT filed by Guangdong Aoyun Technology Co Ltd; Jury Demand. Filing fee $ 405, receipt number AILNDC-22837205.
附件:
1:(Exhibit Exhibit 4 - US DHS Report)
2:Exhibit Exhibit 1 - U.S. Patent No. 12,115,099
3:Exhibit Exhibit 3 - Law Journal Article
4:Exhibit Exhibit 2 - US CBP Report

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