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2022-cv-06625

Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2022-11-29
原告:Dyson Technology Limited
代理律所:GBC
诉讼类型:商标、专利
# Date Description
[+] 1 2022-11-28 COMPLAINT filed by Dyson Technology Limited; Filing fee $ 402, receipt number AILNDC-20083768.
2 2022-11-28 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint[1]
[+] 3 2022-11-28 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1-5 regarding complaint[1]
4 2022-11-28 MOTION by Plaintiff Dyson Technology Limited for leave to file under seal
5 2022-11-28 CIVIL Cover Sheet
6 2022-11-28 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited
7 2022-11-28 Notice of Claims Involving Patents by Dyson Technology Limited
8 2022-11-28 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio
9 2022-11-28 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain
[+] 10 2022-11-28 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jake Michael Christensen
11 2022-11-29 MAILED patent report to Patent Trademark Office, Alexandria VA
12 2022-11-29 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John Robert Blakey for all further proceedings pursuant to 28:294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 11/29/2022.
13 2022-12-07 MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
14 2022-12-07 MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order 13
[+] 15 2022-12-07 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
[+] 16 2022-12-07 DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 14
[+] 17 2022-12-07 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Parts 1-5 regarding declaration 16
18 2022-12-07 MOTION by Plaintiff Dyson Technology Limitedfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
19 2022-12-07 MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief 18
[+] 20 2022-12-07 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
21 2022-12-07 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 13, motion for leave to file 4, motion for miscellaneous relief 18 before Honorable John Robert Blakey on 12/20/2022 at 11:00 AM.
22 2022-12-19 MINUTE entry before the Honorable John Robert Blakey: Plaintiff has sued 142 online marketplaces alleging patent infringement [1] and seeking a temporary restraining order to enjoin sales of unauthorized products. Based upon its review of the materials submitted, the Court finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged and established, via declaration [16], that the sellers identified on Schedule A "share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use"; that Defendants' stores "include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images"; and that Defendants' products "bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." [16] 15. Plaintiff further alleges that Defendants work "in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products in the same transaction, occurrence, or series of transactions or occurrences." Id. 18. For present purposes, this satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2), and Plaintiff may proceed against the identified Defendants in this single action. The Court grants Plaintiff's motion to seal [4] and motion for electronic service of process [18]. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order [13]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 1/2/23. The 12/20/22 Notice of Motion date is stricken. Mailed notice
[+] 23 2022-12-19 SEALED ORDER Signed by the Honorable John Robert Blakey on 12/19/2022. Mailed notice
24 2022-12-22 MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order
[+] 25 2022-12-22 MEMORANDUM by Dyson Technology Limited in support of extension of time[24]
26 2022-12-22 NOTICE of Motion by Jake Michael Christensen for presentment of extension of time[24] before Honorable John Robert Blakey on 12/29/2022 at 11:00 AM.
27 2022-12-22 SURETY BOND in the amount of $ 10,000.00 posted by Dyson Technology Limited. (Document not imaged)
28 2022-12-23 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 24 to extend the temporary restraining order entered 12/19/22 23. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 1/16/23. The 12/29/22 Notice of Motion date is stricken. Mailed notice
29 2022-12-29 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 Executive Committee on 12/29/2022: Mailed notice.
30 2023-01-06 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain Defendants
[+] 31 2023-01-06 MOTION by Plaintiff Dyson Technology Limited for preliminary injunction as to certain Defendants
[+] 32 2023-01-06 MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction 31
[+] 33 2023-01-06 NOTICE of Motion by Jake Michael Christensen for presentment of motion for preliminary injunction 31 before Honorable John Robert Blakey on 1/11/2023 at 11:00 AM.
34 2023-01-06 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham
[+] 35 2023-01-06 SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/6/2023, answer due 1/27/2023.
36 2023-01-10 MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of dismissal [30], the Court dismisses this case without prejudice under Rule 41(a)(1) as to Defendants DZTQD (No. 36) and AutoKing-79 (No. 105). Absent reinstatement by 6/30/23, the dismissal of these Defendants shall automatically convert to a dismissal with prejudice. Mailed notice
[+] 37 2023-01-11 SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/11/2023, answer due 2/1/2023.
38 2023-01-11 MINUTE entry before the Honorable John Robert Blakey: In person motion hearing held on 1/11/2023. No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction [31]. Accordingly, and based upon the same findings made in this Court's TRO [23], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [31]. Enter Preliminary Injunction Order. The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Status hearing set for 2/23/2023 at 11:00 a.m. in Courtroom 1203. Mailed notice
[+] 39 2023-01-11 PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 1/11/2023. Mailed notice
40 2023-01-19 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
41 2023-01-24 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of dismissal [40], Defendants bababobo00712 and shenzhenshixuesidianzishangwuyouxiangongsi are dismissed without prejudice with leave to reinstate within 270 days of the entry of this order. Mailed notice
42 2023-01-26 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
43 2023-01-31 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [42], this case is dismissed without prejudice as to Defendants AutoKing-79, diss4202, pe467837, rylnis, Huanzu Co,Ltd and Miekor. Absent reinstatement on or before 270 days of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice
44 2023-02-02 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
45 2023-02-07 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [44], this case is dismissed without prejudice as to Defendants guodoudou, kkti84, Dallas and Dongganshilongzhendianzikejiyouxiangongsi. Absent reinstatement on or before 270 days of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice
46 2023-02-09 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
47 2023-02-13 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [46], this case is dismissed without prejudice as to Defendants uxinxis, JTZC TECK, Kody.llc, SIGuang and YeekTok. Absent reinstatement on or before 270 days, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice
[+] 48 2023-02-15 MOTION by Plaintiff Dyson Technology Limited for entry of default, MOTION by Plaintiff Dyson Technology Limited for default judgment as to all Defendants
[+] 49 2023-02-15 MEMORANDUM by Dyson Technology Limited in support of motion for entry of default, motion for default judgment[48]
[+] 50 2023-02-15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[49]
[+] 51 2023-02-15 NOTICE of Motion by Jake Michael Christensen for presentment of motion for entry of default, motion for default judgment[48] before Honorable John Robert Blakey on 2/22/2023 at 11:00 AM.
52 2023-02-17 MINUTE entry before the Honorable John Robert Blakey:The Court strikes the 2/22/23 Notice of Motion date and 2/23/2023 status and resets the hearing on Plaintiff's motion for default and default judgment 48 for 3/2/23 at 11:00 a.m. in Courtroom 1203. Mailed notice
53 2023-02-23 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
54 2023-03-01 MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of dismissal [53], the Court hereby dismisses this case without prejudice as to Defendants GONGYIHONG (No. 121) and hui zhou shi wen li wen ju you xian gong si (No. 124). Absent reinstatement by 11/22/23, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice
55 2023-03-02 MINUTE entry before the Honorable John Robert Blakey: In person motion hearing held on 3/2/2023. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for entry of default judgment 48 is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice
56 2023-03-02 DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 3/2/2023. Mailed notice
57 2023-03-09 FULL SATISFACTION of Judgment regarding order 56 in the amount of the Judgment Amount as to certain defendants
58 2023-03-16 FULL SATISFACTION of Judgment regarding order 56 in the amount of the Judgment Amount as to certain defendant
59 2023-06-30 FULL SATISFACTION of Judgment regarding order 56 in the amount of the Judgment Amount as to certain defendants
60 2023-11-30 FULL SATISFACTION of Judgment regarding order[56] in the amount of the Judgment Amount as to certain defendant