2024-cv-11093 +组团 近期案件➥ 订阅
原告律所：Aptum Law
品牌：匿名专利
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| # | Date | Description |
| 20 |
11/26/2024
|
ENTERED JUDGMENT Signed by the courtroom deputy on 11/26/2024. Emailed notice 翻译 |
| 19 |
11/26/2024
|
MINUTE entry before the Honorable Edmond E. Chang: For the second time, the Plaintiff did not file the joinder memorandum or (alternatively) the amended complaint by the set deadline. R. 17. The case is dismissed with prejudice for lack of prosecution as to Defendants on the following platforms and with the following seller names: (1) TikTok, Swansoul Store; (2) Amazon.com, Cozyplayer; (3) Amazon.com, Grazesheepstar; (4) Amazon.com, Eternal Karler; and (5) Amazon.com, SUFOR. A separate AO-450 judgment shall be entered. The Clerk's Office shall unseal the entire case. The status hearing of 11/29/2024 is vacated. Civil case terminated. Emailed notice 翻译 |
| 18 |
11/18/2024
|
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff did not file either the joinder memorandum or (alternatively) the amended complaint, which was due on 11/15/2024. R. 16. If the Plaintiff fails to file the joinder memorandum or amended complaint by 11/22/2024, then the case will be dismissed with prejudice for lack of prosecution. The tracking status hearing of 11/22/2024 is reset to 11/29/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice 翻译 |
| 17 |
11/05/2024
|
MINUTE entry before the Honorable Edmond E. Chang: (1.) The motion 11 to strike the motions filed at R. 6, 7, and 8, is granted because they were filed in the wrong case. (2.) On review of the complaint, R. 1, Schedule A, R. 4, and the TRO brief, R. 13, the Court raises the propriety of joinder of the five Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020), and file a supplemental memorandum addressing the propriety of joinder by 11/15/2024. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. (3.) The motion 14 to seal and the motion 12 for TRO is denied. This is a design-patent case. Unlike a counterfeit trademark case (which requires an identical or substantially indistinguishable mark) or an exact-copy copyright case, there generally is no reasonable basis to infer willfulness, especially on an ex parte basis, that would in turn support a finding of dissipation of assets (for sealing) or the need to forgo notice (for the TRO). This is a design-patent case in which the alleged infringement is far from established to a preponderance, let alone to the clear showing required for a TRO, Fed. R. Civ. P. 65(b)(1)(A). Unlike a counterfeit trademark case (which requires an identical or substantially indistinguishable mark) or an exact-copy copyright case, there is no reasonable basis here to infer willful infringement of the design patent, especially on an ex parte basis, that otherwise would in turn support a finding of dissipation of assets (for sealing) or the need to forgo notice (for the TRO). Also, on the merits of the alleged infringement, the question is whether the ordinary observer would decide that the two designs are substantially the same. Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 670 (Fed. Cir. 2008) (en banc). Courts must carefully exclude the unclaimed and functional features from the visual comparison, because functional features are not part of the patent's scope. Elmer v. ICC Fabricating, Inc., 67 F.3d 1571, 1577 (Fed.Cir. 1995). Indeed, even the prior art must be considered: "When the differences between the claimed and accused design are viewed in light of the prior art, the attention of the hypothetical ordinary observer will be drawn to those aspects of the claimed design that differ from the prior art. And when the claimed design is close to the prior art designs, small differences between the accused design and the claimed design are likely to be important to the eye of the hypothetical ordinary observer." Egyptian Goddess, 543 F.3d at 676. Based on the evidence proffered here, no clear showing on infringement has been made. See R. 13 at 9. Indeed, the comparisons offered in the brief show only two of the five Defendants. Id. As far as the Court can tell, one of the online sellers in the table is not even a named Defendant. See id. (4.) To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 11/22/2024 at 8:30 a.m. The Court will review the joinder memorandum or the amended pleading. Emailed notice 翻译 |
| 16 |
10/30/2024
|
NOTICE of Motion by Zheng Liu for presentment of motion to seal[14], Sealed motion[12], motion to strike, [11] before Honorable Edmond E. Chang on 11/6/2024 at 08:30 AM. 翻译 |
| 15 |
10/30/2024
|
MOTION by Plaintiff Patent Holder Identified in Exhibit 1 to seal schedule A [Dkt 4] and Motion for Entry of Restraining Order [Dkt 12 and 13] 翻译 |
| 14 |
10/30/2024
|
SEALED DOCUMENT by Plaintiff Patent Holder Identified in Exhibit 1 Memorandum of Points and Authorities in Support of Plaintiff's Motion for Entry of Restraining Order 翻译 |
| 13 |
10/30/2024
|
SEALED MOTION by Plaintiff Patent Holder Identified in Exhibit 1 Motion for Entry of Restraining Order 翻译 |
| 12 |
10/30/2024
|
MOTION by Plaintiff Patent Holder Identified in Exhibit 1 to strike MOTION by Plaintiff Patent Holder Identified in Exhibit 1 to seal schedule A [Dkt 4] and Motion for Entry of Restraining Order [Dkt 6 and 7] [8], SEALED MOTION by Plaintiff Patent Holder Identified in Exhibit 1 Motion for Entry of Restraining Order[6], sealed document[7] 翻译 |
| 11 |
10/30/2024
|
ATTORNEY Appearance for Plaintiff Patent Holder Identified in Exhibit 1 by Jingyi Guo 翻译 |
| 10 |
10/30/2024
|
NOTICE of Motion by Zheng Liu for presentment of Sealed motion[6], motion to seal[8] before Honorable Edmond E. Chang on 11/6/2024 at 08:30 AM. 翻译 |
| 9 |
10/30/2024
|
MOTION by Plaintiff Patent Holder Identified in Exhibit 1 to seal schedule A [Dkt 4] and Motion for Entry of Restraining Order [Dkt 6 and 7] 翻译 |
| 8 |
10/30/2024
|
SEALED DOCUMENT by Plaintiff Patent Holder Identified in Exhibit 1 Memorandum of Points and Authorities in Support of Plaintiff's Motion for Entry of Restraining Order 翻译 |
| 7 |
10/30/2024
|
SEALED MOTION by Plaintiff Patent Holder Identified in Exhibit 1 Motion for Entry of Restraining Order 翻译 |
| 6 |
10/29/2024
|
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 1). 翻译 |
| 5 |
10/29/2024
|
SEALED DOCUMENT by Plaintiff Patent Holder Identified in Exhibit 1 Ex 1 attached to Complaint - asserted patent 翻译 |
| 4 |
10/29/2024
|
SEALED DOCUMENT by Plaintiff Patent Holder Identified in Exhibit 1 Schedule A attached to Complaint - accused infringers 翻译 |
| 3 |
10/29/2024
|
ATTORNEY Appearance for Plaintiff Patent Holder Identified in Exhibit 1 by Zheng Liu 翻译 |
| 2 |
10/29/2024
|
CIVIL Cover Sheet 翻译 |
| 1 |
10/29/2024
|
COMPLAINT filed by Patent Holder Identified in Exhibit 1; Jury Demand. Filing fee $ 405, receipt number AILNDC-22662195. 翻译 |