2021-cv-02369 AI分析
08/06/2021
NOTICE of withdrawal of surety bond 30 by John Summerfield of Greer, Burns & Crain, Ltd 翻译
06/25/2021
FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/25/2021. Emailed notice 翻译
06/25/2021
MINUTE entry before the Honorable Edmond E. Chang: In light of the default, the Plaintiff's motion for default judgment 38 is granted in the amount of $378, as explained in the judgment order. A separate AO-450 judgment shall be entered. Permanent injunction entered. The tracking status hearing of 07/09/2021 is vacated. Civil case terminated. Emailed notice 翻译
06/25/2021
NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for entry of default as to all DefendantsMOTION by Plaintiff Oakley, Inc. for default judgment as to all Defendants 38 翻译
06/25/2021
MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment 38 翻译
附件：
1:Declaration of Justin R. Gaudio
2:Exhibit 1
06/25/2021
MOTION by Plaintiff Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Oakley, Inc. for default judgment as to all Defendants 翻译
06/03/2021
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/03/2021. Emailed notice 翻译
06/03/2021
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction [32] is granted, in light of the circumstances that justified the entry of the TRO. With the answer deadline of 06/22/2021, the tracking status hearing of 06/04/2021 is reset to 07/09/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint initial status report by 06/26/2021. If the Defendant does not answer on time, then the Defendant is deemed to be in default after the answer deadline. The Plaintiff shall file a motion for default judgment, if appropriate, by 06/26/2021. The Clerk shall unseal all the filings. Emailed notice 翻译
06/01/2021
SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 6/1/2021, answer due 6/22/2021. 翻译
附件：
1:Declaration of Thomas J. Juettner
06/01/2021
NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for preliminary injunction [32] 翻译
06/01/2021
MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[32] 翻译
附件：
1:Declaration of Justin R. Gaudio
2:Exhibit 1
06/01/2021
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" 翻译
05/27/2021
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 27 is granted through 06/07/2021, given the continued applicability of the circumstances that justified the issuance of the initial TRO. The tracking status hearing of 05/28/2021 is reset to 06/04/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion (if appropriate) by 06/01/2021. Emailed notice 翻译
05/19/2021
NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order 27 翻译
05/19/2021
MEMORANDUM by Oakley, Inc. in support of extension of time 27 翻译
附件：
1:Declaration of Justin R. Gaudio
05/10/2021
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/10/2021. Emailed notice 翻译
05/10/2021
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 14 for temporary restraining order and other relief is granted in large part. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy for design-patent infringement, namely, disgorgement of profits under 35 U.S.C. 289, which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. Having said that, the Court increases the bond amount to $10,000 from the proposed $1,000. The merits of the design-patent claim is not clear cut: the patent claims a tear-drop shape on the sunglass arm where the arm meets the lens, but the corresponding shape on Defendant's version is symmetrical rather than a tear drop. Also, the shape of the opening farther down the arm does not appear to match the shape on the patent. To account for the diminished strength on the merits, the bond amount is set higher. The Plaintiff's motion 4 for leave to file under seal is granted in light of the asset-restraint goal. By 05/17/2021, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion 19 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 05/28/2021 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/24/2021. Emailed notice 翻译
05/07/2021
NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for leave to file under seal 4, MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 19, MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 14 翻译
05/07/2021
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20] 翻译
附件：
1:Exhibit 1
2:Exhibit 2
05/07/2021
MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
05/07/2021
DECLARATION of Jason Groppe regarding memorandum in support of motion[15] 翻译
附件：
1:Exhibit 1
05/07/2021
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15] 翻译
附件：
1:Exhibit 1
2:Exhibit 2
05/07/2021
MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
05/05/2021
AMENDED complaint by Oakley, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule "A" 翻译
附件：
1:Exhibit 2
2:Exhibit 3
3:Exhibit 4
4:Exhibit 5
05/03/2021
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. 翻译
05/03/2021
COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number 0752-18201656. 翻译
附件：
1:Exhibit 2
2:Exhibit 3
3:Exhibit 4
4:Exhibit 5
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