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[+]
1
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2022-07-05 |
COMPLAINT filed by Yingping Zhang; Jury Demand. Filing fee $ 402, receipt number AILNDC-19622563. |
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Exhibit Schedule A |
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Exhibit 1 |
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Exhibit 2 |
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(Civil Cover Sheet) |
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[+]
2
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2022-07-05 |
MOTION by Plaintiff Yingping Zhang for leave to file Under Seal Schedule A, Exhibit 1, and Exhibit 2 |
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(Text of Proposed Order) |
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CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. |
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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. |
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3
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2022-07-14 |
SEALED DOCUMENT by Plaintiff Yingping Zhang Exhibit A to the Complaint, Exhibit 2 |
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(Exhibit 2) |
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4
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2022-07-14 |
MOTION by Plaintiff Yingping Zhang for leave to file under Seal Motion for TRO |
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(Text of Proposed Order) |
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5
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2022-07-14 |
SEALED MOTION by Plaintiff Yingping Zhang |
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Supplement Memo in Support |
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Exhibit A - Declaration of Zhang |
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Exhibit A-1 |
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(Text of Proposed Order) |
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6
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2022-07-18 |
MINUTE entry before the Honorable Martha M. Pacold: The court has taken plaintiff's motions 2, 4, 5, under advisement. 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 a Word-version of its proposed temporary restraining 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 7/20/2022. Modified on 7/18/2022. |
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7
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2022-07-22 |
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motion and supporting memoranda 4, 5 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 5 is granted. Plaintiff's motions to seal 2, 4 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. |
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8
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2022-07-22 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/22/2022: |
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BOND in the amount of $ 5000 cashier's check receipt 4624274790, posted by Yingping Zhang (jk2,) |
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BOND in the amount of $ 5000 cashier's check receipt 4624274790, posted by Yingping Zhang (jk2,) |
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SUMMONS Issued as to Defendant THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A |
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BOND in the amount of $ 5000 cashier's check receipt 4624274790, posted by Yingping Zhang (jk2,) |
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9
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2022-08-02 |
MOTION by Plaintiff Yingping Zhang for preliminary injunction |
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(Text of Proposed Order) |
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10
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2022-08-02 |
MEMORANDUM by Yingping Zhang in support of motion for preliminary injunction 9 |
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Exhibit A - Declaration of Zhang |
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(Exhibit B - Declaration of Jin) |
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11
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2022-08-03 |
MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 9 under advisement and will consider the motion unopposed if no defendant appears and objects by 8/11/2022. Plaintiff shall serve defendants with this notice. Mailed notice |
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14
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2022-08-03 |
MEMORANDUM in Support of Ex Parte Motion to Extend TRO [13] |
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Exhibit A - Declaration of Jin |
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15
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2022-08-04 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 13 is granted. For the reasons stated in plaintiff's supporting memoranda and the court's order granting the TRO, the court finds good cause for such an extension. The TRO is extended until 8/19/2022. Plaintiff's duplicative motion 12 is denied as moot. Mailed notice |
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16
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2022-08-17 |
AFFIDAVIT of Service filed by Plaintiff Yingping Zhang regarding Complaint and Summons served on All Defendants on 07/29/2022 |
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17
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2022-08-19 |
MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 9. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction 9 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. |
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18
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2022-08-19 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/19/2022: |
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19
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2022-08-19 |
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 8/19/2022.Mailed notice |
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20
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2022-08-23 |
MOTION by Plaintiff Yingping Zhang for leave to file Amended Schedule A to Complaint |
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(Exhibit Amended Schedule A) |
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21
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2022-08-25 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 20 is granted. Defendants XDODirect, YFLIFE and §'"' are terminated. (Main Document 21 replaced on 8/26/2022). |
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22
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2022-09-07 |
NOTICE of Voluntary Dismissal by Yingping Zhang of All Remaining Defendants without Prejudice |
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23
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2022-09-09 |
ORDER: Pursuant to plaintiff's notice of voluntary dismissal 22, the case is hereby dismissed without prejudice. Civil case terminated. Signed by the Honorable Martha M. Pacold on 9/9/2022. Mailed notice |
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24
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2022-09-23 |
MOTION by Plaintiff Yingping Zhang for release of bond obligation |
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25
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2022-09-30 |
ORDER: The five thousand dollars ($5,000) surety bond posted by Plaintiff is hereby released to Plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Plaintiff's counsel Hao Ni, Ni, Wang & Massand, PLLC, 8140 Walnut Hill Ln., Ste. 500, Dallas, TX 75231, via certified mail Signed by the Honorable Martha M. Pacold on 9/30/2022. Mailed notice |
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26
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2022-10-04 |
ORDER Signed by the Honorable Martha M. Pacold on 10/4/2022: Plaintiff's motion for release of bond 24 is granted. |
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27
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2022-10-26 |
MAILED patent report with certified copy of closing Order to Patent Trademark Office, Alexandria VA. |
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(certified Order) |
