最近更新：2025-01-17
2025-cv-00181
| 日期 | 描述 |
|---|---|
| 01/15/2025 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[16], motion for miscellaneous relief[21] before Honorable John Robert Blakey on 1/22/2025 at 11:00 AM. |
| 01/15/2025 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22] |
| 01/15/2025 | MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief[21] |
| 01/15/2025 | MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 01/15/2025 | SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Part 1 regarding declaration[19] |
| 01/15/2025 | DECLARATION of Giles Samuel Lane regarding memorandum in support of motion[17] 附件： 1:Exhibit 1 |
| 01/15/2025 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17] |
| 01/15/2025 | MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order[16] |
| 01/15/2025 | MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 01/14/2025 | SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Part 1 regarding amended complaint[13] |
| 01/14/2025 | SEALED EXHIBIT by Plaintiff Dyson Technology Limited Amended Schedule A regarding amended complaint[13] |
| 01/14/2025 | AMENDED complaint by Dyson Technology Limited against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 2 |
| 01/13/2025 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to seal [4] but dismisses the complaint [1] without prejudice based upon improper joinder. Plaintiff has sued 62 online marketplaces alleging patent infringement, see [1], [2]. Joinder of multiple defendants in a single suit appears to run afoul of 35 U.S.C. § 299, which provides that "parties that are accused infringers may be joined in one action as defendants. only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action." Id. § 299(a). The statute specifically provides that "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." Id. § 299(b). Plaintiff's complaint, which lumps all Defendants together, alleges that "E-commerce stores operating under the Seller Aliases share unique identifiers establishing a logical relationship between them, suggesting that Defendants' operation arises out of the same transaction, occurrence, or series of transactions or occurrences." [1] 3. Along the same lines, Plaintiff alleges that "the e-commerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images. Additionally, Infringing Products for sale by the Seller Aliases bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." Id. 18. But the screenshot evidence attached to the complaint [3-1] belies Plaintiff's conclusory allegations. Accordingly, the Court finds that Plaintiff has failed to demonstrate the propriety of joining all 62 defendants in this single action and dismisses the complaint [1] without prejudice. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support joinder, it may do so by 2/10/25. Mailed notice. |
| 01/08/2025 | 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. |
| 01/08/2025 | CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). |
| 01/07/2025 | ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham |
| 01/07/2025 | ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph |
| 01/07/2025 | ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain |
| 01/07/2025 | ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio |
| 01/07/2025 | Notice of Claims involving Patents by Dyson Technology Limited |
| 01/07/2025 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited |
| 01/07/2025 | CIVIL Cover Sheet |
| 01/07/2025 | MOTION by Plaintiff Dyson Technology Limited for leave to file under seal |
| 01/07/2025 | SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1-2 regarding complaint[1] |
| 01/07/2025 | SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint[1] |
| 01/07/2025 | COMPLAINT filed by Dyson Technology Limited; Filing fee $ 405, receipt number AILNDC-22922466. 附件： 1:Exhibit 2 |
