2024-cv-05218 +组团 近期案件➥ 订阅
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| # | Date | Description |
| 86 |
08/22/2025
|
MOTION by Plaintiff Pathway IP LLC to sever Presented before District Judge 翻译 |
| 85 |
07/25/2025
|
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff Pathway IP, LLC's Unopposed Motion to Extend Deadlines [293] is granted for good cause shown. The Court grants the Motion and extends the claim construction briefing as follows: Responsive Claim Construction Brief by the patent infringement asserter pursuant to LPR 4.2(c) shall be filed by 9/23/2025; Reply Claim Construction Brief pursuant to LPR 4.2(d) shall be filed by 10/7/2025; and Joint Claim Construction Chart shall be filed by 10/14/2025. By 10/18/2025, the parties shall file a Joint Status Report on the status of written and oral discovery, including any proposed or scheduled dates for any remaining fact witness depositions. A claim construction hearing will be set by the assigned District Judge in accordance with LPR 4.3. 翻译 |
| 84 |
07/24/2025
|
ATTORNEY Appearance for Counter Defendants Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Plaintiff Pathway IP LLC by Joseph Paul Hooper 翻译 |
| 83 |
07/24/2025
|
MOTION by Plaintiff Pathway IP LLC for extension of time UNOPPOSED Presented before Magistrate Judge (Poplin, Allen Justin) 翻译 |
| 82 |
07/24/2025
|
ATTORNEY Appearance for Counter Defendants Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Plaintiff Pathway IP LLC by Allen Justin Poplin (Poplin, Allen Justin) 翻译 |
| 81 |
07/02/2025
|
MINUTE entry before the Honorable Jeffrey T. Gilbert: By 8/19/2025, the parties shall file a Joint Status Report on the status of written and oral discovery, including any proposed or scheduled dates for any remaining fact witness depositions. Mailed notice 翻译 |
| 80 |
07/01/2025
|
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff Pathway IP, LLC's Unopposed Motion to Extend Deadlines in View of Change in Representation [289] is granted for good cause shown. The Court grants the Motion and extends the claim construction briefing as follows: Responsive Claim Construction Brief (by the patent infringement asserter) pursuant to LPR 4.2(c)) shall be filed by 7/25/2025; Reply Claim Construction Brief pursuant to LPR 4.2(d) shall be filed by 8/8/2025; and Joint Claim Construction Chart shall be filed by 8/15/2025. In addition, pursuant to the parties' Joint Stipulation and Motion to Continue Discovery During Claim Construction Proceedings [284], the case schedule entered on 9/17/2024 [191] is modified to permit discovery to proceed during claim construction briefing and until 42 days after the Court's claim construction ruling. Mailed notice 翻译 |
| 79 |
07/01/2025
|
MOTION by Plaintiff Pathway IP LLC for extension of time (unopposed) Presented before Magistrate Judge 翻译 |
| 78 |
07/01/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's unopposed motion for extension [287] is denied without prejudice. The Court notes that Magistrate Judge Gilbert issued the Rule 16 Scheduling Order in this matter [191]. Accordingly, any requests for modifications of that scheduling order shall be presented to Magistrate Judge Gilbert. Mailed notice. 翻译 |
| 77 |
06/27/2025
|
MOTION by Plaintiff Pathway IP LLC for extension of time (unopposed) Presented before District Judge 翻译 |
| 76 |
06/27/2025
|
ATTORNEY Appearance for Counter Defendants Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Plaintiff Pathway IP LLC by Allen Justin Poplin (Poplin, Allen Justin) 翻译 |
| 75 |
06/27/2025
|
ATTORNEY Appearance for Counter Defendants Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Pathway IP LLC, Plaintiff Pathway IP LLC by Hissan Anis 翻译 |
| 74 |
06/10/2025
|
STIPULATION regarding text entry, [283] to continue discovery during claim construction 翻译 |
| 73 |
06/05/2025
|
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reviewed the parties' Joint Status Report [278]. In that report, the parties stated they anticipated filing, by early in the week of 5/23/25, a joint stipulation and motion to continue discovery during the period of claim construction briefing. Nothing was filed. The parties shall file any such stipulation or motion by 6/10/25 or, alternatively, the parties shall file by that date a Joint Status Report addressing the status of discovery and other matters that have a bearing on case management. Emailed notice 翻译 |
| 72 |
06/03/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated therein, attorney Jeffrey E. Schiller's motion to withdraw [280] is granted. Attorney Jeffrey Edward Schiller terminated as attorney for Okshopping, Okshopping, Woputne-US, and Woputne-US. Mailed notice. 翻译 |
| 71 |
05/30/2025
|
BRIEF filed by Mingzi Marjorie Ouyang 翻译 |
| 70 |
05/29/2025
|
MOTION by Attorney Jeffrey E. Schiller to withdraw as attorney for Okshopping, Okshopping, Woputne-US, Woputne-US. No party information provided Presented before Magistrate Judge 翻译 |
| 69 |
05/29/2025
|
ATTORNEY Appearance for Defendants Okshopping, Woputne-US by Mingzi Ouyang 翻译 |
| 68 |
05/23/2025
|
STATUS Report by Pathway IP LLC Presented before Magistrate Judge 翻译 |
| 67 |
05/06/2025
|
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Updated Joint Status Report 276. The parties shall file an updated joint status report by 5/23/25 addressing whether initial fact discovery pursuant to LPR 1.3 is complete and if there are any remaining disputes regarding that discovery. Mailed notice 翻译 |
| 66 |
05/01/2025
|
STATUS Report by Pathway IP LLC Presented before Magistrate Judge 翻译 |
| 65 |
04/10/2025
|
STIPULATION regarding terminate deadlines, set deadlines, 274 (Joint) 翻译 |
| 64 |
04/04/2025
|
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status report 273. Plaintiff and the GTV Defendants shall file by 4/10/25 a stipulation memorializing their agreement about their exchange of Final Infringement and Invalidity Contentions, and any other schedule change requested as to those parties. The parties shall file an updated joint status report by 5/1/25. Mailed notice 翻译 |
| 63 |
04/03/2025
|
STATUS Report (Joint) by Pathway IP LLC Presented before Magistrate Judge 翻译 |
| 62 |
03/26/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated therein, Attorney Nicholas S. Lee's motion to withdraw as attorney for Plaintiff 271 is granted. Mailed notice. 翻译 |
| 61 |
03/20/2025
|
MOTION by Attorney Nicholas S. Lee to withdraw as attorney for Pathway IP LLC. No party information provided Presented before District Judge 翻译 |
| 60 |
03/13/2025
|
ORDER: For the reasons set forth in the accompanying Order, the Court grants Defendants AIXIANGPAI 101089568, ATKTTOP Direct, and Aixiangpai's motion to dismiss 111, Defendants AMTLJ-US, Auriani-US, BONFOTO, CY Direct US, Lanyuantai, Legee Tech, NovoNost-us, PANYINYING, Pixel Lighting, Qirui-US, iphoto digit's motion to dismiss 124, and Defendant's Kaiess and Weilisi's motion to dismiss 140. The Court dismisses without prejudice Pathway's claims against Defendants AIXIANGPAI 101089568, ATKTTOP Direct, and Aixiangpai, AMTLJ-US, Auriani-US, BONFOTO, CY Direct US, Lanyuantai, Legee Tech, NovoNost-us, PANYINYING, Pixel Lighting, Qirui-US, iphoto digit, Kaiess and Weilisi. The Court denies as moot Defendants AIXIANGPAI 101089568, ATKTTOP Direct, and Aixiangpai's motion to dismiss for lack of jurisdiction 116. Signed by the Honorable Franklin U. Valderrama on 3/13/2025. Mailed notice. 翻译 |
| 59 |
03/03/2025
|
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reviewed the parties' Joint Status Report 260. The parties shall file an updated Joint Status Report by 4/3/25 that addresses the following: (1) the parties' progress with written discovery including whether production of party documents is complete and whether any party issued follow-up discovery as mentioned in the status report; (2) the status of any Local Rule 37.2 discussions, whether the parties intend to engage in motion practice regarding any disputes and, if so, a date by which the parties will complete the Local Rule 37.2 process and by which any necessary motions will be filed; (3) the parties' progress with the Rule 16 Scheduling Order 191 entered on 9/17/24, including whether the parties have complied with the deadlines set in that Order; (4) whether the case management schedule needs to be modified in any way and, if so, whether good cause exists to do so within the meaning of Federal Rule of Civil Procedure 16(b)(4); and (5) any other information the parties believe is useful for case management purposes. Mailed notice 翻译 |
| 58 |
02/27/2025
|
STIPULATION of Dismissal as to Def. No. 6 翻译 |
| 57 |
02/27/2025
|
ATTORNEY Appearance for Plaintiff Pathway IP LLC by James Joseph Jagoda 翻译 |
| 56 |
02/21/2025
|
NOTICE by AIXIANGPAI 101089568, Aixiangpai re order on motion to withdraw as attorney, add and terminate attorneys, 265 of Compliance to Serve Order [DE 265] 翻译 |
| 55 |
02/20/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Attorney Jianyin Liu's motion to withdraw 264 is granted. Defendants AIXIANGPAI 101089568 and Aixiangpai are granted until 03/24/2025 to retain new counsel. The Court notes that corporations are not permitted to represent themselves in federal court. See 1756 W. Lake St. LLC v. Am. Chartered Bank, 787 F.3d 383, 385 (7th Cir. 2015) (noting the "requirement that a limited liability company be represented in litigation by a lawyer"); Philos Techs., Inc. v. Philos & D, Inc., 645 F.3d 851, 858 (7th Cir. 2011) ("[C]orporations must appear by counsel or not at all.") Failure to obtain substitute counsel by the date set forth above may subject Defendants AIXIANGPAI 101089568 and Aixiangpai to the entry of an order of default and ultimately to the entry of a default judgment. The Clerk of the Court is directed to update Defendants AIXIANGPAI 101089568 and Aixiangpai's contact information to Room 501, Building A13, Shiwei New Village, Shiwei Community, Matian Street, Guangming New District,Shenzhen City, Guangdong Province, People's Republic of China 51800; Email: GEW2017@163.com, as stated in docket 264. By 02/24/2025, Attorney Liu must: (a) serve a copy of this order on Defendants AIXIANGPAI 101089568 and Aixiangpai's representative; and (b) file a certificate of compliance on the Court's docket stating that counsel has done so. Mailed notice. 翻译 |
| 54 |
02/19/2025
|
MOTION by Attorney Jianyin Liu to withdraw as attorney for AIXIANGPAI 101089568, Aixiangpai. New address information: Feifei Fei, GEW2017@163.com Presented before District Judge 翻译 |
| 53 |
02/19/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: The Court denies Attorney Jianyin Liu's motion for leave to withdraw as attorney 262 without prejudice. Attorney Liu has not complied with Local Rule 83.17 as he failed to attach the "Notification of Party Contact Information" to the motion. Attorney Liu is instructed to attach the Notification of Party Contact Information to a renewed motion for leave to withdraw. Mailed notice. 翻译 |
| 52 |
02/17/2025
|
MOTION by Attorney Jianyin Liu to withdraw as attorney for AIXIANGPAI 101089568, Aixiangpai. New address information: Feifei Fei, Email: GEW2017@163.com Presented before Magistrate Judge 翻译 |
| 51 |
02/10/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's motion for clarification is granted 259. The preliminary injunction remains in effect as to all non-appearing Defendants. See R. 259 at 3 (list of non-appearing Defendants). Mailed notice. 翻译 |
| 50 |
02/07/2025
|
STATUS Report joint re: discovery by Pathway IP LLC Presented before Magistrate Judge 翻译 |
| 49 |
02/03/2025
|
MOTION by Plaintiff Pathway IP LLC to clarify status of preliminary injunction as to non-appearing Defendants Presented before District Judge 翻译 |
| 48 |
01/31/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: Given the Court's denial of Plaintiff's motion for preliminary injunction, Defendant ATKTTOP's motion to dissolve the preliminary injunction 104 is terminated as moot. Mailed notice. 翻译 |
| 47 |
01/30/2025
|
ORDER: Signed by the Honorable Franklin U. Valderrama on 1/30/2025. Mailed notice. 翻译 |
| 46 |
01/30/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed de novo Plaintiff's objections to Magistrate Judge Gilberts Report and Recommendation 239 and the Report itself 235. For the reasons set forth in the accompanying Order, the Court overrules Plaintiff's objections, adopts the Report and Recommendation in its entirety, and denies Pathway's Motion for Preliminary Injunction 69. Enter Order. Mailed notice. 翻译 |
| 45 |
01/24/2025
|
MINUTE entry before the Honorable Jeffrey T. Gilbert: The parties shall file a joint status report on their progress with written and oral discovery by 2/7/25. Mailed notice 翻译 |
| 44 |
01/21/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Defendant ATKTTOP's (ATKTTOP) motion to expedite ruling on motion to dissolve the preliminary injunction 252. The motion, whether intentional or otherwise, mischaracterizes the state of the case. A preliminary injunction (PI) was entered against ATKTTOP on 8/15/2024 99 because at the time the Court granted Plaintiff's motion for PI, ATKTTOP had yet to appear. While other appearing Defendants were allowed to file responses to Plaintiff's motion for PI, ATKTTOP's non-appearance at the time the PI was entered required it to file a motion to dissolve as opposed to a response. Therefore, although styled as a motion, ATKTTOP's motion to dissolve is more properly characterized as a response to Plaintiff's motion for PI, as it raises arguments mirrored in the responses of appearing Defendants. Plaintiff's motion for PI was referred to Magistrate Judge Gilbert on 09/11/2024 for a Report and Recommendation (R&R) 170, and was fully briefed as of 09/21/2024 203. Judge Gilbert issued an R&R on 11/18/2024 235, to which Plaintiff filed an objection on 12/02/2024 239, as allowed by Fed. R. Civ. P. 72 (a). The Court then set a briefing schedule on Plaintiff's objection 240, and the objection has been fully briefed as of 01/03/2025. Given the nature of ATKTTOP's arguments in its motion to dissolve, it would have been improper to resolve those arguments prior to the full briefing of Plaintiff's motion for PI and objections to the R&R. While it may be true that ATKTTOP's motion to dissolve was fully briefed as of 09/16/2024, the motion has been ripe only as of 01/03/2025. Accordingly, ATKTTOP's motion to expedite 252 is denied. That said, the Court anticipates ruling on the objections to the R&R soon. ATKTTOP's motion to dissolve remains under advisement. Mailed notice. 翻译 |
| 43 |
01/17/2025
|
REPLY by Plaintiff Pathway IP LLC to Response 251 翻译 |
| 42 |
01/16/2025
|
MOTION by Defendant ATKTTOP Direct to expedite RULING ON MOTION TO DISSOLVE THE PRELIMINARY INJUNCTION [DE 104] Presented before District Judge 翻译 |
| 41 |
01/08/2025
|
RESPONSE by Defendants Woputne-US, Okshopping to objection to report and recommendations 239 翻译 |
| 40 |
01/08/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: Over Plaintiff's objection, the Court grants Defendants Woputne-US and Okshopping's (Defendants) motion for leave to file a response 249. Defendants shall file their response as a separate entry on the docket by 01/08/2025. Plaintiff may file a separate reply to Defendants' response, limited to three (3) pages, by 01/17/2025. Mailed notice. 翻译 |
| 39 |
01/06/2025
|
MOTION by Defendants Woputne-US, Okshopping for leave to file THEIR RESPONSE IN OPPOSITION TO PLAINTIFF'S OBJECTION Presented before District Judge 翻译 |
| 38 |
01/03/2025
|
REPLY by Plaintiff Pathway IP LLC to Response 243, Response 242, Response 241 翻译 |
| 37 |
01/02/2025
|
MINUTE entry before the Honorable Franklin U. Valderrama: The Court denies Defendant Woputne-US, Okshopping's (Defendant) motion for leave to file a response to Plaintiff's objections 244 without prejudice, as Defendant has failed to clearly indicate in the motion whether the motion is opposed or unopposed. Pursuant to the Court's Standing Order, "[b]efore filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion. The motion should clearly indicate whether it is opposed or unopposed." By 01/06/2025, Defendant may file another motion for leave, and in that motion, Defendant must clearly indicate whether the motion is opposed or unopposed. Mailed notice. 翻译 |
| 36 |
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. 翻译 |
| 35 |
12/30/2024
|
MOTION by Plaintiff Pathway IP LLC for default judgment as to Certain Defendants and Memorandum in support of the motion Presented before District Judge 翻译 |
| 34 |
12/27/2024
|
MOTION by Defendants Woputne-US, Okshopping for leave to file THEIR RESPONSE IN OPPOSITION TO PLAINTIFFS OBJECTION Presented before Magistrate Judge 翻译 |
| 33 |
12/20/2024
|
RESPONSE by Defendants AMTLJ-US, Auriani-US, BONFOTO, Lanyuantai, NovoNost-us, PANYINYING, Qirui-US, CY Direct US, Legee Tech, iphoto digit, Pixel Lighting to objection to report and recommendations 239 翻译 |
| 32 |
12/20/2024
|
RESPONSE by Defendant AIXIANGPAI 101089568 to objection to report and recommendations 239 翻译 |
| 31 |
12/20/2024
|
RESPONSE by Defendants Weilisi, Kaiess to objection to report and recommendations 239 in support of the 11/18/2024 Report and Recommendation 235 翻译 |
| 30 |
12/04/2024
|
MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Plaintiff's Objections to Magistrate Judge Gilbert's 11/18/2024 Report and Recommendation 235 : Defendants' response is due 12/20/2024. Plaintiff's reply is due 1/3/2025. Mailed notice. 翻译 |
| 29 |
12/02/2024
|
OBJECTION by Plaintiff Pathway IP LLC to report and recommendations, 235 翻译 |
| 28 |
11/25/2024
|
RESPONSE by Defendants AMTLJ-US, Auriani-US, BONFOTO, NovoNost-us, PANYINYING, Qirui-US, CY Direct US, Legee Tech, iphoto digit, Pixel Lighting to status report 233 Legee Tech Defendants' Response to Plaintiff's Severance Proposal 翻译 |
| 27 |
11/19/2024
|
OBJECTIONS by Aixiangpai, ATKTTOP Direct, AIXIANGPAI 101089568 to status report 233 per Order [DE 236] 翻译 |
| 26 |
11/19/2024
|
MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's status report 233, which proposes severing this case into a total of five cases, consistent with the Court's recent ruling on Defendants Luxsure-US and Yarrashop Direct's Amended Emergency Motion to Dismiss for Improper Joinder 230. However, Plaintiff's status report does not indicate whether its severance proposal is opposed. By 11/25/2024, the Defendants listed in 2-4 of Plaintiff's status report shall file a response to Plaintiff's severance proposal. Additionally, Defendants listed in 2-4 of Plaintiff's status report have each filed a motion to dismiss. Regardless of whether the Court severs these Defendants from this action, the Defendants' motions to dismiss will remain live, as those motions raise arguments beyond improper joinder. Mailed notice. 翻译 |
| 25 |
11/18/2024
|
REPORT AND RECOMMENDATION: The Court recommends that Plaintiff's Motion for Preliminary Injunction 68 be denied as to Responding Defendants (identified in footnote 2), excluding the Bonded Defendants (identified in footnote 1), for the reasons discussed in this Report and Recommendation. In accordance with Rule 72(b) of the Federal Rules of Civil Procedure, the parties are advised that "[w]ithin 14 days after being served with a copy of [the report and recommendation], a party may serve and file specific written objections to the proposed findings and recommendation. A party may respond to another party's objections within 14 days after being served with a copy." See also 28 U.S.C § 636(b)(1)(C). Signed by the Honorable Jeffrey T. Gilbert on 11/18/2024. Mailed notice 翻译 |
| 24 |
11/15/2024
|
MINUTE entry before the Honorable Franklin U. Valderrama: This is a "Schedule A" case, which is a type of lawsuit typically filed against a group of sellers whose assumed names are listed on an attachment to the complaint, usually called "Schedule A." Oakley, Inc. v. P'ships & Unincorporated, 2021 WL 308882, at *1 (N.D. Ill. January 30, 2021). Before the Court is Plaintiff's motion for default judgment as to certain Defendants. R. 225, Mot. Default; R. 226, Memo. Default. The Court denies the motion 225 without prejudice for the following reasons. First, Plaintiff asserts it is entitled to a reasonable royalty of $10,000 plus 10% of defaulting Defendants sales of unauthorized products pursuant to 35 U.S.C. § 284. In support of the $10,000 licensing fee, Plaintiff cites to the Declaration of Sason Gabay. Decl. Gabay 8. However, Plaintiff does not explain its calculation of the 10% of defaulting Defendants' sales of unauthorized products. Instead, Plaintiff includes a table with a column titled "10% Royalty of Sales by Defendant" without explanation, citation, or supporting documentation. Memo. at 11-12. Further, by the title of the column, it appears that Plaintiff is including all sales by the Defaulting Defendant, and it is not limited to only sales of the authorized products. Second, Plaintiff requests transaction costs, and cites one out-of-district case supporting this request, while maintaining that "courts have routinely held that a hypothetical license negotiation would have required transaction costs, which would be paid by the Defaulting Defendants." Id. at 9. However, Plaintiff does not support this request with any in-district case law or additional supporting authority, or describe how it arrived at the $5,000 per Defaulting Defendant transaction cost amount. Instead, Plaintiff cites to the amount of attorney's fees incurred in this case. Id. (citing Decl. Lee 9). It does not follow that a hypothetical license negotiation estimate would be the amount of the attorney's fees incurred in this case, which involves prosecuting alleged patent infringement. Finally, Plaintiff requests treble damages for each Defaulting Defendant. Memo. at 9. True, enhanced damages up to three times the amount are allowed under Section 284, but the Court is not convinced such enhanced damages are necessarily appropriate here. Based on the Court's review of the two cases cited in Plaintiff's memorandum following its request for treble damages, both cases were out-of-district, and none concerned Schedule A patent infringement cases. In any renewed default motion, Plaintiff must support its request for each category of damages with supporting authority, and to explain its methodology and calculation of the royalty of sales per each Defaulting Defendant, with supporting documentation. If Plaintiff continues to request treble the amount of Defaulting Defendants' profits for the unauthorized sales, any renewed motion must further support the basis for the request for enhanced damages and cite other patent "Schedule A" cases from this District, in which the court has awarded enhanced damages. Mailed notice. 翻译 |
| 23 |
11/15/2024
|
STATUS Report by Pathway IP LLC Presented before District Judge 翻译 |
| 22 |
11/14/2024
|
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant Lanyuantai's status report regarding motion to recover damages for Plaintiff's wrongful TRO 231. For the reasons stated in the status report, Defendant Lanyuantai's motion 227 is terminated as moot. Mailed notice. 翻译 |
| 21 |
11/12/2024
|
STATUS Report REGARDING MOTION TO RECOVER DAMAGES FOR PLAINTIFFS WRONGFUL TEMPORARY RESTRAINING ORDER (ECF 227) by Lanyuantai Presented before District Judge 翻译 |
| 20 |
11/08/2024
|
ORDER: Signed by the Honorable Franklin U. Valderrama on 11/8/2024. Mailed notice. 翻译 |
| 19 |
11/08/2024
|
MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons in the attached Order, the Court grants in part and denies in part Defendants Luxsure-US and Yarrashop Direct's Amended Emergency Motion to Dismiss for Improper Joinder 105. Enter Order. Defendants Luxsure-US and Yarrashop Direct have been misjoined in this action, and the claims against those Defendants are severed from this action. The Clerk of Court is directed to open a new case as to Defendant Luxsure-US and Defendant Yarrashop Direct and to assign such action to this Court. Pathway is required to pay the filing fee. Based on this ruling, by November 15, 2024 the Court orders Pathway to file a status report as to whether it will be proceeding as to the remaining Defendants in one action or grouping Defendants in separate actions. Based on that status report, the Court will set new deadlines for an Amended Complaint in this original action, and any severed actions. Mailed notice. 翻译 |
| 18 |
11/08/2024
|
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant Lanyuantai's motion to recover damages for wrongful temporary restraining order 227. Plaintiff may file a response, limited to four pages, by 11/12/2024. Mailed notice. 翻译 |
| 17 |
11/06/2024
|
MOTION by Defendant Lanyuantai TO RECOVER DAMAGES FOR WRONGFUL TEMPORARY RESTRAINING ORDER Presented before District Judge 翻译 |
| 16 |
11/05/2024
|
MEMORANDUM by Pathway IP LLC in support of motion for entry of default, motion for default judgment, 225 翻译 |
| 15 |
11/05/2024
|
MOTION by Plaintiff Pathway IP LLC for entry of default Presented before District Judge, MOTION by Plaintiff Pathway IP LLC for default judgment as to Defendants listed in Exhibit A Presented before District Judge 翻译 |
| 14 |
10/31/2024
|
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is certain Defendants' motion for scheduling conference and expedited hearing on Defendant's motions to dismiss for misjoinder and dissolve preliminary injunction 218. Certain Defendants have also filed a notice of motion for presentment for hearing on 11/05/2024 at 4:00 p.m. 222 The Court reminds the parties that pursuant to its Standing Order, "[p]arties are not to schedule motion presentment hearings. Parties should not contact the Court's Courtroom Deputy about scheduling a motion presentment hearing. If a party believes a motion presentment hearing is necessary, the party must file a motion requesting a hearing on the docket, which must indicate whether the opposing party opposes the motion, and setting forth a brief explanation as to why a hearing is necessary." As the Court understands the purpose of certain Defendants' motion for hearing was to bring to the Court's attention certain Defendants' pending motions, the Court does not believe the hearing is necessary at this time. Certain Defendants' motions remain under advisement. As to certain Defendants request for a Rule 16 conference, that request is denied. The Court reminds the parties that this matter was referred to Judge Gilbert for the purposes of discovery supervision, and Judge Gilbert has previously entered a Rule 16 Scheduling Order. R. 191. For the foregoing reasons, the motion is denied, and the Court strikes the presentment of hearing date. 218 222 Mailed notice. 翻译 |
| 13 |
10/30/2024
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MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendants' Luxsure-US and Yarrashop Direct's Amended Emergency Motion to Dismiss for Improper Joinder 105. The Court has received inquiry as to the status of ruling on the pending motion. As to the label of the pending motion as an "emergency," pursuant to the Court's Standing Order, the Court hears "emergency motions only in exceptional circumstances after making a preliminary determination of whether an actual emergency exists. Emergency matters must be of such a nature that a delay in hearing them would cause serious harm to one or more of the parties." Here, Defendants' motion requests dismissal for misjoinder. Pursuant to Federal Rule of Civil Procedure 21, "[m]isjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party." Accordingly, as Rule 21 is generally not a ground for dismissal, and because the Court can at any time add or drop a party, the motion is not an emergency. The motion remains under advisement. Mailed notice. 翻译 |
| 12 |
10/30/2024
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NOTICE of Motion by Jianyin Liu for presentment of motion for hearing, 218 before Honorable Franklin U. Valderrama on 11/5/2024 at 04:00 PM. 翻译 |
| 11 |
10/29/2024
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MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the Motion for Scheduling Conference and Expedited Hearing on Defendant's Motion to Dismiss for Misjoinder and Dissolve Preliminary Injunction 218. The Court further notes that the Motion for Status Conference 216 was stricken by the Moving Defendants ATKTTOP Direct, Aixiangpai and AIXIANGPAI, see 217. In the pending Motion 218, the Moving Defendants seek a status conference regarding the Motion to Dismiss for Lack of Jurisdiction 116, Motion to Dismiss for Misjoinder 111 and Motion to Dissolve Preliminary Injunction 104, but those motions are before the District Judge. Therefore, this Motion 218 is improperly presented before the Magistrate Judge. Plaintiff must notice the Motion 218 for presentment before Judge Valderrama. Mailed notice 翻译 |
| 10 |
10/29/2024
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NOTICE of Voluntary Dismissal by Pathway IP LLC Under Rule 41(a)(1) Lanyuantai (Defendant 53) without prejudice 翻译 |
| 9 |
10/28/2024
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ATTORNEY Appearance for Defendants Weilisi, Kaiess by Ziqi Yu 翻译 |
| 8 |
10/21/2024
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MOTION by Defendants Aixiangpai, ATKTTOP Direct, AIXIANGPAI 101089568 for hearing re MOTION by Defendants Aixiangpai, AIXIANGPAI 101089568, ATKTTOP Direct to dismiss for lack of jurisdiction Presented before Magistrate Judge 116, MOTION by Defendant ATKTTOP Directto Dissolve Preliminary Injunction [DE 100] Against Defendant Presented before Magistrate Judge 104, MOTION by Defendants AIXIANGPAI 101089568, ATKTTOP Direct, Aixiangpai to sever Presented before Magistrate Judge 111 for Status Conference Pursuant to Local Rules 16.1 Presented before Magistrate Judge 翻译 |
| 7 |
10/21/2024
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NOTICE by Aixiangpai, ATKTTOP Direct, AIXIANGPAI 101089568 re MOTION by Defendants Aixiangpai, ATKTTOP Direct, AIXIANGPAI 101089568 for hearing re MOTION by Defendants Aixiangpai, AIXIANGPAI 101089568, ATKTTOP Direct to dismiss for lack of jurisdiction Presented before Magistrate Judge 116, MOT 216 of Striking Filing of Motion for Status Conference [DE 216] 翻译 |
| 6 |
10/21/2024
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MOTION by Defendants Aixiangpai, ATKTTOP Direct, AIXIANGPAI 101089568 for hearing re MOTION by Defendants Aixiangpai, AIXIANGPAI 101089568, ATKTTOP Direct to dismiss for lack of jurisdiction Presented before Magistrate Judge 116, MOTION by Defendants AIXIANGPAI 101089568, ATKTTOP Direct, Aixiangpai to sever Presented before Magistrate Judge 111 for Status Conference Pursuant to Local Rules 16.1 Presented before District Judge 翻译 |
| 5 |
10/16/2024
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NOTICE of Voluntary Dismissal by Pathway IP LLC Under Rule 41(a)(1) DONGDONG (Defendant 82) with prejudice 翻译 |
| 4 |
10/09/2024
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REPLY by Kaiess to response in opposition to motion, 206 TO DISMISS FILED BY DEFENDANT KAIESS AND DEFENDANT WEILISI 翻译 |
| 3 |
10/04/2024
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Weilisi, Kaiess 翻译 |
| 2 |
10/04/2024
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ATTORNEY Appearance for Defendants BLights, EESTOREAMZ, Herrflk, STALLY, Sensyne, Vlogging US, Wanfaau, WisaKey, XITENG TECH by Stevenson Moore 翻译 |
| 1 |
10/02/2024
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SUPPLEMENT to report of rule 26(f) planning meeting 152 (Joint) 翻译 |