2023-cv-15735 +组团 近期案件➥ 订阅
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| # | Date | Description |
| 59 |
04/26/2024
|
MAILED patent report with certified copies of orders dated 4/24/24 to Patent Trademark Office, Alexandria VA. 翻译 |
| 58 |
04/24/2024
|
FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 4/24/2024. Emailed notice. 翻译 |
| 57 |
04/24/2024
|
MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [35] 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 marks irreparably harms Plaintiff and confuses the public. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court determines that approximately 15% of revenue, as requested in Plaintiff's Declaration of Cong Peng [51], is an appropriate award of damages for patent infringement under 35 U.S.C. § 289 against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice. 翻译 |
| 56 |
04/16/2024
|
DECLARATION of Cong Peng regarding in court hearing, set deadlines, [50] 翻译 |
| 55 |
04/02/2024
|
MINUTE entry before the Honorable LaShonda A. Hunt: In-person motion hearing held. Counsel for Plaintiff appeared, and Defendants failed to appear. As discussed on the record, counsel is to submit a supplemental declaration setting forth a proxy calculation of costs and expenses by 4/16/24. Emailed notice. 翻译 |
| 54 |
04/01/2024
|
MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a) and Plaintiff's request to voluntarily dismiss [48], all claims against Defendants Yunnan, Minepargpp, FFtopv, Top 1 Store, Cshidworld, GPED, SUGIFT, TIMESS, and MaxFox are dismissed without prejudice. The Clerk is directed to terminate those defendants only. Emailed notice. 翻译 |
| 53 |
03/29/2024
|
STATUS Report by Guanyu (Shenzhen) Electronic Technology Co., Ltd. 翻译 |
| 52 |
03/22/2024
|
MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Plaintiff's Notices of Voluntary Dismissal, the Clerk is directed to terminate K-shine, BoRuiShi, FACBINY, Houflody, Jinglang Electronic, Lomus Products, Kamishops, affordableitemz, and toronto_phone_accessories as defendants. In its status report [37], Plaintiff indicates that it has resolved claims against all defendants, except those against whom it has moved for entry of default and default judgment. However, there is nothing on the docket reflecting that any claims against Defendants Yunnan, Minepargpp, FFtopv, Top 1 Store, Cshidworld, GPED, SUGIFT, TIMESS, and MaxFox are resolved. Accordingly, by 4/1/24, Plaintiff is directed to file a notice of dismissal as to these defendants or a status report if the litigation against any of these defendants remains unresolved. Emailed notice. 翻译 |
| 51 |
03/22/2024
|
MINUTE entry before the Honorable LaShonda A. Hunt: The Court has reviewed Plaintiff's Motion for Default Judgment [35] and the Amended Declaration in Support [44], seeking an award of Defaulting Defendants' total revenue-a combined $1,063,859.38-for patent infringement. However, "[d]amages in patent cases are measured under 35 U.S.C. § 284 in one of two ways-actual damages, if the evidence permits a calculation of lost profits, or a reasonable royalty." Oleksy v. Gen. Elec. Co., No. 06 C 1245, 2011 WL 4626015, at *4 (N.D. Ill. Oct. 3, 2011). Plaintiff has not provided sufficient evidence to assist the Court with calculating the proper measure of damages here. Accordingly, Plaintiff's Motion for Entry of Default Judgment [35] is set for a prove-up hearing on 4/2/24, at 10:00 AM in Courtroom 1425. Emailed notice. 翻译 |
| 50 |
02/28/2024
|
CERTIFICATE of Service by Tong Jin on behalf of Guanyu (Shenzhen) Electronic Technology Co., Ltd. regarding amended document[44] 翻译 |
| 49 |
02/28/2024
|
AMENDED Declaration in Support of Plaintiff's Motion for Entry of Default and Default Judgment, Pursuant to Court's Order [ECF No. 40] 翻译 |
| 48 |
02/27/2024
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant No. 25 Lomus Products 翻译 |
| 47 |
02/26/2024
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant Nos. 12 FACBINY & 14 Houflody 翻译 |
| 46 |
02/16/2024
|
CERTIFICATE of Service by Tong Jin on behalf of Guanyu (Shenzhen) Electronic Technology Co., Ltd. regarding order on motion for default judgment, order on motion for miscellaneous relief, terminate hearings, terminate motions, set motion and R&R deadlines/hearings, [40] 翻译 |
| 45 |
02/16/2024
|
MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment [35] against defendants Nejioon Store, Remalay, OBUYTENX, GuanghuaUS, FACBINY, Houflody, Voakod Direct, TENGLONGGUOJI, Einnen, NELSOTEK, CANUVU-Charger Store, and EVIGAL Store. These defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against each defendant is entered under Rule 55(a) of the Federal Rules of Civil Procedure. The Court has also reviewed Plaintiff's request for entry of default judgment against these defendants in the total amount of $1,091,199.81. In support of that request, Plaintiff attaches the declaration of counsel [35-2] which cites to evidence of alleged infringing sales shown in a 4-page exhibit [35-4] Plaintiff received from Amazon. However, Plaintiff does not explain what any of the terms in the document mean, let alone specify to which defendant the data applies. Even if defaulted defendants do not object, Plaintiff still bears the burden of proving up damages for patent infringement. What has been submitted to the Court is insufficient. Accordingly, Plaintiff is ordered to file an amended affidavit and supporting documentation for the proposed judgment award by 2/28/24, serve the affected defendants within one business day of filing, and promptly file proof of service. Defaulted defendants must file any objections to the motion for entry of default judgment by 3/14/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon these defendants within one business day of its entry on the docket and promptly file proof of service. Plaintiff's Motion for Default Judgment [35] is taken under advisement. No appearance is necessary on 2/29/24. Plaintiff's motion for remote appearance [38] is denied as moot. Emailed notice. 翻译 |
| 44 |
02/14/2024
|
NOTICE of Motion by Tong Jin for presentment of motion for miscellaneous relief[38] before Honorable LaShonda A. Hunt on 2/21/2024 at 10:00 AM. 翻译 |
| 43 |
02/14/2024
|
MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd.for Remote Appearance 翻译 |
| 42 |
02/12/2024
|
STATUS Report by Guanyu (Shenzhen) Electronic Technology Co., Ltd. 翻译 |
| 41 |
02/12/2024
|
NOTICE of Motion by Tong Jin for presentment of motion for default judgment[35] before Honorable LaShonda A. Hunt on 2/29/2024 at 10:00 AM. 翻译 |
| 40 |
02/12/2024
|
MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. for default judgment as to Defaulting Defendants 翻译 |
| 39 |
02/07/2024
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant Nos. 30 affordableitemz and 34 toronto_phone_accessories 翻译 |
| 38 |
02/02/2024
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant No. 26 Kamishops 翻译 |
| 37 |
01/29/2024
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant No. 23 Jinglang Electronic 翻译 |
| 36 |
12/28/2023
|
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 Executive Committee on 12/28/2023: Mailed notice. 翻译 |
| 35 |
12/24/2023
|
NEW PARTIES: Nejioon Store, Remalay, OBUYTENX, GuanghuaUS, FACBINY, Houflody, Voakod Direct, TENGLONGGUOJI, Einnen, NELSOTEK, CANUVU-Charger Store, EVIGAL Store, Jinglang Electronic, Lomus Products, Kamishops, affordableitemz and toronto_phone_accessories added to case caption. 翻译 |
| 34 |
12/21/2023
|
MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case [29]. Executed summons were returned and Defendants' responses to the complaint are due by 12/27/23. By 2/13/24, Plaintiff is ordered to file any motion for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. 翻译 |
| 33 |
12/21/2023
|
PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 12/21/2023. Emailed notice. 翻译 |
| 32 |
12/21/2023
|
MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction [22], which the Court now considers unopposed because no Defendant filed a notice of objection by the 12/20/23 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO [15], 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 [25] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, 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 remaining defendants listed on Schedule A [4] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Enter Preliminary Injunction Order. Emailed notice. 翻译 |
| 31 |
12/18/2023
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant Nos. 3 YouYou Limited, 11 Sanli, 13 Venere Direct, and 24 ENTIWELL STORE 翻译 |
| 30 |
12/15/2023
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant No. 31 aslovem 翻译 |
| 29 |
12/13/2023
|
CERTIFICATE of Service by Tong Jin on behalf of Guanyu (Shenzhen) Electronic Technology Co., Ltd. regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, [23] 翻译 |
| 28 |
12/13/2023
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant No. 28 yqtcompany1 翻译 |
| 27 |
12/13/2023
|
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction [22] is taken under advisement. A telephonic motion hearing is set for 12/21/23, at 9:45 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 12/20/23 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. Emailed notice. 翻译 |
| 26 |
12/12/2023
|
MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. for preliminary injunction 翻译 |
| 25 |
12/06/2023
|
SUMMONS Returned Executed by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to The Partnerships and Unincorporated Associations identified in Schedule A on 12/6/2023, answer due 12/27/2023. 翻译 |
| 24 |
11/29/2023
|
REGISTRY Deposit Information Form by Guanyu (Shenzhen) Electronic Technology Co., Ltd. 翻译 |
| 23 |
12/01/2023
|
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order [17] is granted. The TRO is extended to 12/18/23 for the reasons stated in the order granting the initial TRO [15]. Emailed notice. 翻译 |
| 22 |
12/01/2023
|
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations identified in Schedule A 翻译 |
| 21 |
11/30/2023
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant Nos. 27 hao16, 29 night0714, 32 deccat, 33 meich-8590, 35 sunlordgood, and 37 FDGAO 翻译 |
| 20 |
11/29/2023
|
BOND in the amount of $ 20,000 cashier's check, receipt no.4624293824, posted by Guanyu (Shenzhen) Electronic Technology Co., Ltd. 翻译 |
| 19 |
11/28/2023
|
MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd.to Extend the Sealed TRO (Dkt. No. 15) 翻译 |
| 18 |
11/27/2023
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant No. 1 - NO. 1 DIY 翻译 |
| 17 |
11/20/2023
|
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 11/20/23. Emailed to Plaintiff's Counsel on 11/20/23. 翻译 |
| 16 |
11/20/2023
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendants Nos. 2 ushapgo direct. 6 Mlfsaier, 9 BoRuiShi, 10 K-shine, and 15 JiaMingXin 翻译 |
| 15 |
11/20/2023
|
NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendants Nos. 20 Mertsev, 36 Suonee, and 38 ELEGIANT 翻译 |
| 14 |
11/20/2023
|
ATTORNEY Appearance for Defendants Yunnan Miguo Technology Co., Ltd., K-shine, Minepargoo, BoRuiShi, FFtopv, TOP 1 Store, Cshidworld, GPED, SUGIFT, TIMESS, MaxFox by Adam Edward Urbanczyk 翻译 |
| 13 |
11/16/2023
|
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motions to file documents under seal 6 8 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order and other relief, including a temporary asset restraint, expedited discovery and service of process by email and electronic publication, 7 is granted as to all defendants identified on sealed Schedule A at Dkt. 4, except Defendant Nos. 20, 36, and 38 for whom the Court did not find corresponding screenshot evidence in the 1000 pages of sealed exhibits at Dkt. 5. Plaintiff's written submissions establish that if defendants 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 defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $20,000 bond is sufficient to secure the injunctive relief. By 11/22/23, Plaintiff is to submit a proposed temporary restraining order using the standard form in this District for Schedule A cases. Mailed notice 翻译 |
| 12 |
11/09/2023
|
ATTORNEY Appearance for Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. by Tong Jin 翻译 |
| 11 |
11/07/2023
|
ATTORNEY Appearance for Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. by Steven G Kalberg 翻译 |
| 10 |
11/07/2023
|
MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. to seal document SEALED MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. Plaintiff's Ex Parte Motion for Entry of a Sealed Temporary Restraining Order and Other Relief 7 翻译 |
| 9 |
11/07/2023
|
SEALED MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. Plaintiff's Ex Parte Motion for Entry of a Sealed Temporary Restraining Order and Other Relief 翻译 |
| 8 |
11/07/2023
|
MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. to seal document sealed document 4, sealed document, 5 翻译 |
| 7 |
11/07/2023
|
SEALED DOCUMENT by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. Exhibits 1 (parts 1-5) and 2 翻译 |
| 6 |
11/07/2023
|
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. (mek,) 翻译 |
| 5 |
11/07/2023
|
CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1). (mek,) 翻译 |
| 4 |
11/07/2023
|
SEALED DOCUMENT by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. Schedule A 翻译 |
| 3 |
11/07/2023
|
ATTORNEY Appearance for Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. by David Randolph Bennett 翻译 |
| 2 |
11/07/2023
|
CIVIL Cover Sheet 翻译 |
| 1 |
11/07/2023
|
COMPLAINT filed by Guanyu (Shenzhen) Electronic Technology Co., Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21306488. 翻译 |