2022-cv-00272 AI分析
05/23/2022
DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 5/23/2022: Mailed notice 翻译
05/23/2022
ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 32. The motion is granted. Based on the evidence submitted in support of the temporary restraining order, preliminary injunction, and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that defendants have infringed its patent, that plaintiff is entitled to damages in the amounts set forth in the separate final judgment order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its patent causes it irreparable harm as set forth in the separate judgment order; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. Enter Final Judgment Order. The five thousand dollars ($5,000) bond posted by plaintiff, including any interest, minus the registry fee, is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $5,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, David R. Bennett, Direction IP Law, P.O. Box 14184, Chicago, IL 60614. Terminate civil case. Signed by the Honorable Martha M. Pacold on 5/23/2022: Mailed notice 翻译
05/23/2022
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for leave to file fourth amended Schedule A 38 is granted. Defendant leinx us is hereby dismissed. 翻译
05/19/2022
MOTION by Plaintiff Qinfeng Yu for leave to file Amended Schedule A to Complaint 翻译
附件：
1:(Amended Schedule A)
05/11/2022
MEMORANDUM motion for default judgment, 32 by Qinfeng Yu Brief on Entry of Final Judgment 翻译
05/09/2022
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for leave to file a third amended Schedule A 34 is granted. Defendants USABLE, Chaoran, jinhuaxiaod, VDKIDKT, and WankaiGo are hereby dismissed without prejudice. 翻译
05/06/2022
MOTION by Plaintiff Qinfeng Yu for leave to file Third Amended Schedule A 翻译
附件：
1:(Third Amended Schedule A)
05/03/2022
MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 32 must enter an appearance and file a written objection by 5/12/2022. If no objections are filed, the court will consider the motion unopposed. Further, because Plaintiff is seeking an order of judgment as to some, but not all, defendants (as listed on the most recent Amended Schedule A 31), Plaintiff is directed to file a brief of no more than 10-pages by 5/12/2021 addressing whether entry of final judgment is appropriate under Federal Rule of Civil Procedure 54(b). Plaintiff shall serve defendants with this notice. 翻译
05/02/2022
MOTION by Plaintiff Qinfeng Yu for default judgment as to Defendants ASIEURO US, ANGUS-US, FRGFRG, tianyulabao, Run Duck, Dongguan Well Known E-Commerce Co., Ltd., koytooy, INKERLEE, Yongte, USABLE, DITTOPSS, AERZETIC DIRECT, leinx us, CX-WILL, YMUAN Direct, Kinedil, Startoo, Amapaw Direct, Chaoran, Hiyong-US, Di Ao, Nobility Shop, and Youmate 翻译
附件：
1:Memorandum in Support
2:Exhibit A - Decl. Stevenson Moore
3:Exhibit A-1
4:(Exhibit A-2)
04/21/2022
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for leave to file second amended Schedule A 29 is granted. Defendants Noelwose, yealexy, RiY, JOE JOE US, and Jun-Lian are hereby dismissed without prejudice. 翻译
04/15/2022
MOTION by Plaintiff Qinfeng Yu for leave to file Second Amended Schedule A to Complaint 翻译
附件：
1:(Exhibit Second Amended Schedule A)
03/25/2022
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for leave to file amended Schedule A to complaint 26 is granted. Plaintiff is directed to file the amended Schedule A separately on the docket by 3/30/2022. AsHome, Cacioa, Chang-Jia, FREEFA, Linmu, Mutouzi, Sunfait, US--Sunrise, USA Trend ha, Zerrone, changch unshilifushangm aoyouxiangongsiusm, daminjinxiu, hongbangdoufupu, leihai, nailiang, nanchneggu, ATESSON, AemoToy, and shanxishuohualedianzishangwuyouxiangongsi terminated. 翻译
03/22/2022
MOTION by Plaintiff Qinfeng Yu for leave to file Amended Schedule A to Complaint 翻译
附件：
1:(Amended Schedule A)
03/18/2022
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff filed a notice purporting to voluntarily dismiss defendant MOITA Direct. 24. The court has previously advised plaintiff that voluntary dismissal of individual defendants (as opposed to the entire action) is inappropriate and that plaintiff should instead move for leave to amend Schedule A to the complaint to remove such defendants. 22. The court granted plaintiff leave to amend to remove defendant ONEST Studio from Schedule A and directed plaintiff to file an amended Schedule A by 3/11/2022. Plaintiff did not file an amended complaint by 3/11/2022 and instead, on 3/13/2022, filed an amended Schedule A that purports to dismiss not just ONEST Studio but eleven additional defendants as well. 23. Plaintiff is advised that all of the defendants aside from ONEST Studio remain in the case and have not been dismissed. If plaintiff wants to dismiss any additional defendants from the case, plaintiff must file a motion for leave to amend asking to do so. 翻译
03/04/2022
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 21, which seeks to voluntarily dismiss defendant ONEST Studio under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant ONEST Studio from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 3/11/2022 identifying the remaining defendants. ONEST Studio terminated. 翻译
03/03/2022
NEW PARTIES: FREEFA, ASIEURO US, ANGUS-US, FRGFRG, RiY, tianyulabao, Run Duck, Dongguan Well Known E-Commerce Co., Ltd., shanxishuohualedianzishangwuyouxiangongsi, hongbangdoufupu, koytooy, Zerrone, leihai, daminjinxiu, changch unshilifushangm aoyouxiangongsiusm, INKERLEE, Yongte, USABLE, DITTOPSS, AERZETIX DIRECT, leinx us, Noelwose, nailiang, Linmu, jinhuaxiaod, CX-WILL, YMUAN Direct, JOE JOE US, Kinedil, US--Sunrise, VDKIDKT, Cacioa, Chang-Jia, ONEST Studio, Jun-Lian, Mutouzi, USA Trend ha, Startoo, ATESSON, AsHome, Amapaw Direct, AemoToy, Chaoran, WankaiGo, Hiyong-US, nanchneggu, Di Ao, Sunfait, yealexy, Nobility Shop, Youmate and MingTine added to case caption. 翻译
03/02/2022
ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 3/2/2022. Mailed notice 翻译
03/02/2022
MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 14. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction 14 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. 翻译
02/17/2022
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 13 to 3/2/2022 16 is granted for the same reasons a Temporary Restraining Order was appropriate. Modified on 2/18/2022. 翻译
02/16/2022
MOTION by Plaintiff QINFENG YU for two-week extension of Temporary Restraining Order 翻译
附件：
1:Memorandum in Support
2:Exhibit A
02/15/2022
MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction [14] under advisement and will consider the motion unopposed if no defendant appears and objects by 2/24/2022. Plaintiff shall serve all defendants with this notice. 翻译
02/14/2022
MOTION by Plaintiff QINFENG YU for preliminary injunction 翻译
附件：
1:Memorandum in Support
2:Exhibit A
3:Exhibit A-1, Part 1
4:Exhibit A-1, Part 2
5:Exhibit A-3, Part 3
6:Exhibit B
02/10/2022
SUMMONS Issued as to Defendant THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A" 翻译
02/10/2022
SUMMONS Issued as to Defendant THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A" 翻译
02/10/2022
SUMMONS Issued as to Defendant THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A" 翻译
02/02/2022
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/2/2022: 翻译
02/02/2022
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motion and supporting memoranda 7 and the temporary restraining order, Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and alternative service 7 is granted. Plaintiff's motions to seal 5, 8 are also granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement of Plaintiff's design patent and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest "because infringement interferes with the property rights inherent in Plaintiff's patent, including Plaintiff's right to control its design. Those rights cannot be fully compensated by money damages. The harm to Plaintiff's patent rights may be more compensable through damages than in other similar trademark cases brought by counsel. Patent protection is not intended to address public perception of the source of goods; consumer confusion is a less weighty concern here. Nevertheless, there is some irreparable harm and there is no countervailing harm to defendants from an order directing them to stop infringement." Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 1:20-cv-05972 (N.D. Ill. May 22, 2020) (Docket No. 33). 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 defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether Plaintiff genuinely intends to pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court five thousand dollars ($5,000.00), either cash or surety bond, as security. 翻译
01/28/2022
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion 7. Before the court rules on the motion, Plaintiff is directed to review this court's procedures for Schedule A cases on the court's website (https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==). Plaintiff is directed to submit its proposed TRO order (along with a track changes version comparing plaintiff's proposed order to the court's template) to the court's proposed orders inbox following the procedures on the website by 2/1/2022. 翻译
01/20/2022
MOTION by Plaintiff QINFENG YU to seal document SEALED MOTION by Plaintiff QINFENG YU 7 翻译
01/20/2022
SEALED MOTION by Plaintiff QINFENG YU 翻译
附件：
1:Memorandum in Support
2:Declaration Qinfeng Yu
3:Exhibit A-1, Part 1
4:Exhibit A-1, Part 2
5:Exhibit A-3, Part 3
01/18/2022
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. 翻译
01/18/2022
CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. 翻译
01/17/2022
MOTION by Plaintiff QINFENG YU to seal document sealed document 4 翻译
附件：
1:Text of Proposed Order
01/17/2022
SEALED DOCUMENT by Plaintiff QINFENG YU re Complaint 翻译
附件：
1:Exhibit Schedule A
2:Exhibit 1-1
3:Exhibit 1-2
4:Exhibit 1-3
5:Exhibit 2
01/17/2022
COMPLAINT for Patent Infringement filed by QINFENG YU; Jury Demand. Filing fee $ 402, receipt number 0752-19061954. 翻译
附件：
1:Exhibit List
2:Exhibit Schedule A
3:Exhibit 1
4:Exhibit 2
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