2024-cv-07124 +组团 近期案件➥ 订阅

原告律所:Bishop Diehl & Lee, Ltd.

品牌:男性失禁固定器

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# Date Description
58
04/17/2025
FINAL Default Judgment Order. Mailed notice Modified on 4/18/2025. 翻译
57
04/17/2025
MINUTE entry before the Honorable Sunil R. Harjani: Defendant identified in Amended Schedule A has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 48 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 mark and patents irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages and a reasonable royalty are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendant (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, the need to deter infringement that is easily committed and difficult to stop, and a hypothetical license negotiation, the Court concludes that $50,000 is an appropriate award of statutory damages and a reasonable royalty. Plaintiff has also certified and established 54 that it provided electronic notice to defendant of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 4/23/2025 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of ten thousand dollar ($10,000) to Plaintiff or its counsel, Dickinson Wright PLLC. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice 翻译
56
04/09/2025
CERTIFICATE of Compliance with the Court's Minute Entry 53 翻译
55
04/09/2025
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion to Reset Deadlines to Object to Plaintiff's Motion for Entry of Default and Default Judgment 52 is granted. Before the Court is plaintiff's motion 48 for entry of default and default judgment defendant. Defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objection to the motion for entry of default judgment must be filed on or before 4/16/2025. If no objection is filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 4/16/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service. Plaintiff is again directed to submit a proposed default judgment order to the Court's proposed order inbox. The tentative default judgment hearing set for 4/15/2025 is stricken and reset to 4/23/2025 at 9:15 a.m. Mailed notice. 翻译
54
04/08/2025
MOTION by Plaintiff Wiesner Healthcare Innovation LLCReset the Deadlines Included in the Courts Minute Entry 50 翻译
53
04/08/2025
MINUTE entry before the Honorable Sunil R. Harjani: By the close of business on 4/8/2025, plaintiff shall file the proof of notice to defendant of the objection deadline to plaintiff's motion for default judgment as required by the Court's Order dated 3/31/2025. See Doc. 50. Plaintiff shall also submit a proposed default judgment order to the Court's proposed order inbox. Mailed notice. 翻译
52
03/31/2025
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 48 for entry of default and default judgment against the remaining defendant. Defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objection to the motion for entry of default judgment must be filed on or before 4/7/2025. If no objection is filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 4/7/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 4/15/2025 at 9:15 a.m. Mailed notice 翻译
51
03/28/2025
MEMORANDUM by Wiesner Healthcare Innovation LLC in support of motion for entry of default, motion for default judgment, 48 翻译
50
03/28/2025
MOTION by Plaintiff Wiesner Healthcare Innovation LLC for entry of default, MOTION by Plaintiff Wiesner Healthcare Innovation LLC for default judgment as to the only remaining Defendant 翻译
49
03/21/2025
MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed Plaintiff's Status Report 46. Plaintiff shall file its motion for entry of default and default judgment by 3/28/2025. Telephone status hearing set for 3/25/2025 is stricken. Mailed notice 翻译
48
03/21/2025
STATUS Report by Wiesner Healthcare Innovation LLC 翻译
47
03/18/2025
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff did not file the motion for entry of default and default judgment or status report due by 3/17/2025. See Doc. 44. By 3/21/2025, Plaintiff shall file a status report with an update on the case. Telephone status hearing set for 3/25/2025 at 9:15 stands. Mailed notice. 翻译
46
02/14/2025
MINUTE entry before the Honorable Sunil R. Harjani: The motion to withdraw as counsel 43 and extend deadlines is granted. Attorneys Edward L. Bishop, Benjamin A. Campbell, and Sameeul Haque are terminated as counsel for Plaintiff. Plaintiff should file any motion for entry of default and default judgment by 3/17/2025. If default and default judgment are not being sought, Plaintiff is ordered to file a status report stating whether the parties anticipate a settlement or further litigation. Telephone status hearing set for 2/20/2025 is stricken and reset to 3/25/2025 at 9:15 a.m. 翻译
45
02/13/2025
MOTION by Plaintiff Wiesner Healthcare Innovation LLC to withdraw as Counsel and Stay Deadlines 翻译
44
01/16/2025
NEW PARTIES: Ruaniy-US added to case caption. 翻译
43
01/16/2025
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 1/16/2025. Mailed notice 翻译
42
01/15/2025
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [36] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendant 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 in connection with entry of the TRO, 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 [39] that it provided electronic notice to defendant of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of defendant. Plaintiff's counsel is directed to ensure that defendant listed on Amended Schedule A is added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 1/16/2025 is stricken. Summons was issued on 1/6/2025, and Defendant's response to the complaint is due by 1/30/2025. Plaintiff should file any motion for entry of default and default judgment by 2/13/2025. If default and default judgment are not being sought, Plaintiff is ordered to file a status report stating whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 2/20/2025 at 9:15 a.m. By the close of business on 1/15/2025, Plaintiff shall submit a proposed preliminary injunction order to the Court's proposed order inbox for entry. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The callin number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice 翻译
41
01/08/2025
SURETY BOND in the amount of $ 10,000.00 posted by Wiesner Healthcare Innovation LLC 翻译
40
01/10/2025
CERTIFICATE of Service by Plaintiff Wiesner Healthcare Innovation LLC regarding terminate hearings, set/reset hearings, 38 翻译
39
01/10/2025
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 36 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve defendant with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by 1/14/2025." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 1/14/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service. Telephone status hearing set for 1/16/2025 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice 翻译
38
01/09/2025
MEMORANDUM by Wiesner Healthcare Innovation LLC in support of motion for preliminary injunction 36 翻译
37
01/09/2025
MOTION by Plaintiff Wiesner Healthcare Innovation LLC for preliminary injunction 翻译
36
01/09/2025
SUMMONS Returned Executed by Wiesner Healthcare Innovation LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A on 1/9/2025, answer due 1/30/2025. 翻译
35
01/06/2025
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A 翻译
34
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
33
12/27/2024
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 31 is granted. For the reasons stated in Plaintiff's Memorandum 32, the Court finds good cause to extend the temporary restraining order an additional 14 days to 1/16/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 1/9/2025. Telephone status hearing set for 1/2/2025 is stricken and reset to 1/16/2025 at 9:15 a.m. Emailed notice 翻译
32
12/26/2024
MEMORANDUM by Wiesner Healthcare Innovation LLC in support of motion for miscellaneous relief 31 翻译
31
12/26/2024
MOTION by Plaintiff Wiesner Healthcare Innovation LLC to Extend the Temporary Restraining Order 翻译
30
12/19/2024
SEALED TEMPORARY Restraining Order. Signed by the Honorable Sunil R. Harjani on 12/19/2024. Mailed notice. 翻译
29
12/19/2024
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 24, motion for alternative service 26, and motion for leave to file status report instanter 28 are granted. For the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendant to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that its assets and website would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit products, and 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 effectively communicates the pendency of this action to defendant. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 12/26/2024. Telephone status hearing is set for 1/2/2025 at 9:15 a.m. By the close of business on 12/19/2024, Plaintiff shall submit a proposed temporary restraining order to the Court's proposed order inbox for entry. Mailed notice 翻译
28
12/18/2024
MOTION by Plaintiff Wiesner Healthcare Innovation LLC for leave to file its Status Report 翻译
27
12/18/2024
STATUS Report by Wiesner Healthcare Innovation LLC 翻译
26
12/18/2024
MOTION by Plaintiff Wiesner Healthcare Innovation LLC for Alternative Service pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
25
12/18/2024
MEMORANDUM by Wiesner Healthcare Innovation LLC in support of motion for temporary restraining order 24 翻译
24
12/18/2024
MOTION by Plaintiff Wiesner Healthcare Innovation LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
23
12/10/2024
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed an amended Schedule A against one defendant 22 as directed by the Court. By 12/17/2024, Plaintiff shall file a status report indicating how it plans to proceed with respect to the defendant. Mailed notice 翻译
22
11/25/2024
SEALED EXHIBIT by Plaintiff Wiesner Healthcare Innovation LLC Amended Schedule A 翻译
21
11/18/2024
MINUTE entry before the Honorable Sunil R. Harjani: On 10/16/2024, the Court found that the complaint and joinder memorandum did not satisfy the joinder requirements for a single patent and trademark lawsuit against 81 Schedule A defendants. To remedy the misjoinder, the Court exercised its discretion to dismiss the joined defendants without prejudice. In response, plaintiff has filed a motion for reconsideration and expedited discovery to "determine if there is a link between any of the defendants." Doc. 19 at 3. Plaintiff's motion 19 is denied. Consistent with the Court's prior order, plaintiff is granted leave to file an amended Schedule A against one defendant or a much smaller group of defendants if plaintiff can establish that joinder is proper by 11/25/2024. Mailed notice 翻译
20
11/15/2024
STATUS Report by Wiesner Healthcare Innovation LLC 翻译
19
11/15/2024
MOTION by Plaintiff Wiesner Healthcare Innovation LLC for reconsideration regarding order on motion for miscellaneous relief, order on motion for temporary restraining order, terminate motions, 17, MOTION by Plaintiff Wiesner Healthcare Innovation LLC for Expedited Discovery 翻译
18
11/08/2024
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff shall file a status report with an update on the case by 11/15/2024. Mailed notice 翻译
17
10/16/2024
MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder 15 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 81 defendants is proper in this matter. Plaintiff argues that defendants are properly joined because this case "asserts both trademark and utility patent infringement, as opposed to typical Schedule A cases which predominantly assert trademark and/or copyright infringement." Doc. 15 at 2. According to plaintiff, joinder is proper at this preliminary stage of the litigation given "the implications unique to utility patent infringement casesparticularly with respect to claim construction and the statutory allowance of joinder for pre-trial matters." Id. Plaintiff is correct that 35 U.S.C. § 299 governs joinder in patent cases. That statute provides, in relevant part: "[P]arties that are accused [patent] infringers may be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, 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." 35 U.S.C. § 299(a). Importantly, joinder is improper where "accused infringers" are joined "based solely on allegations that they each have infringed the patent or patents in suit." Id. at § 299(b). Plaintiff has not demonstrated that its claims against all defendants listed in Schedule A may be properly joined in the same case in accordance with Section 299's same transaction-or-occurrence test. At bottom, plaintiff claims that joinder is proper because all of the defendants are using a subset of product images from a larger collection of images for their listings. Doc. 15 at 5-6. Plaintiff has not cited any authority demonstrating that defendants selling the same alleged infringing product and using several images from the same larger subset of images in their listings satisfies Section 299's same transaction or occurrence requirement. The Court recognizes that plaintiff also asserts claims against defendants for trademark infringement. However, under Rule 20's joinder requirements for non-patent cases, plaintiff has not demonstrated a logical relationship among all 81 defendants. "[I]t is not enough for a plaintiff to simply allege that multiple defendants have infringed the same patent or trademark to meet Rule 20's requirements." Estee Lauder Cosms. Ltd. v. The Partnerships, et al., 334 F.R.D. 182, 187 (N.D. Ill. 2020); see also ThermaPure, Inc. v. Temp-Air, Inc., 2010 WL 5419090, at *4 (N.D. Ill. Dec. 22, 2010). Moreover, use of the same small number of product images by each of the defendants does not support joinder. "Even if the webpages were identical, it would not necessarily suggest the defendants are connected. To the contrary, it would hardly be surprising that multiple, independent sellers of similar products would parrot each other's webpages or match each other's prices." Tang v. Schedule A, 2024 WL 68332, at *2 (N.D. Ill. Jan. 4, 2024); see also Estee Lauder Cosms. Ltd., et al. v. The Partnerships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) ("defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere."). Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that defendants' actions were performed in concert or connected in any way under Section 299 or Rule 20. See Estee Lauder, 334 F.R.D. at 185 (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"). As a result, joinder is improper here. To remedy this misjoinder, plaintiff requests severance and then consolidation of the severed cases for pre-trial proceedings instead of dismissal. Plaintiff also argues that it would be improper to sever the claims against any of the defendants at this stage because the defendants can waive Section 299's joinder requirements. See 35 U.S.C. § 299(c). The Seventh Circuit has held that the proper remedy for misjoinder is "severance or dismissal without prejudice." UWM Student Ass'n v. Lovell, 888 F.3d 854, 864 (7th Cir. 2018). Moreover, the Court has authority to dismiss parties not only by motion of a party but also based on the Court's review. See Fed. R. Civ. P. 21 ("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."). On this basis, the Court exercises its discretion to dismiss all of the joined defendants from this case without prejudice. H-D U.S.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 780486, at *2 (N.D. Ill. Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). If plaintiff refiles its claims against defendants in separate cases in this district and moves for consolidation of pretrial proceedings, the issue can be addressed at that time. Accordingly, plaintiff's motion for temporary restraining order 11 and motion for alternative service 13 are denied without prejudice. Plaintiff may refile its motions consistent with this Order. Plaintiff's motion for leave to file under seal 4 is granted. Mailed notice 翻译
16
09/13/2024
MINUTE entry before the Honorable Sunil R. Harjani: The joinder issue remains under advisement. Telephone status hearing set for 9/19/2024 is stricken. Mailed notice 翻译
15
09/09/2024
MEMORANDUM set/reset hearings, 14 by Wiesner Healthcare Innovation LLC Regarding the Propriety of Joinder 翻译
14
08/26/2024
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file certain documents under seal 4, plaintiff's motion for temporary restraining order 11, and plaintiff's motion for alternative 13 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 80 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 9/9/2024, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. A telephone status hearing is set for 9/19/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice 翻译
13
08/23/2024
MOTION by Plaintiff Wiesner Healthcare Innovation LLCfor Alternative Service 翻译
12
08/23/2024
MEMORANDUM by Wiesner Healthcare Innovation LLC in support of motion for temporary restraining order 11 翻译
11
08/23/2024
MOTION by Plaintiff Wiesner Healthcare Innovation LLC for temporary restraining order 翻译
10
08/12/2024
ATTORNEY Appearance for Plaintiff Wiesner Healthcare Innovation LLC by Nicholas S. Lee 翻译
9
08/12/2024
ATTORNEY Appearance for Plaintiff Wiesner Healthcare Innovation LLC by Sameeul Haque 翻译
8
08/12/2024
ATTORNEY Appearance for Plaintiff Wiesner Healthcare Innovation LLC by Benjamin Adam Campbell 翻译
7
08/12/2024
ATTORNEY Appearance for Plaintiff Wiesner Healthcare Innovation LLC by Edward L. Bishop 翻译
6
08/12/2024
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wiesner Healthcare Innovation LLC 翻译
5
08/12/2024
SEALED DOCUMENT by Plaintiff Wiesner Healthcare Innovation LLC Unredacted Complaint 翻译
4
08/12/2024
MOTION by Plaintiff Wiesner Healthcare Innovation LLC for Leave to File Certain Documents Under Seal 翻译
3
08/12/2024
Notice of Claims by Wiesner Healthcare Innovation LLC 翻译
2
08/12/2024
CIVIL Cover Sheet 翻译
1
08/12/2024
COMPLAINT filed by Wiesner Healthcare Innovation LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-22354301. 翻译