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2024-cv-11354

Shenzhen Kunshengze Electronic Commerce Co., Ltd. v. The Partnerships and Unincorporated Associations Identified On Schedule A

法院:伊利诺伊州北法院
发案日期:2024-11-04
原告:Shenzhen Kunshengze Elec-Tronic Commerce Co. Ltd.
代理律所:Konrad Shrerinian
诉讼类型:专利
# Date Description
[+] 1 2024-11-04 COMPLAINT filed by Shenzhen Kunshengze Electronic Commerce Co., Ltd.; Filing fee $ 405, receipt number AILNDC-22688140.
2 2024-11-04 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. Sealed Schedule A to Complaint
3 2024-11-04 CIVIL Cover Sheet
4 2024-11-04 ATTORNEY Appearance for Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. by Konrad Val Sherinian
[+] 5 2024-11-04 ATTORNEY Appearance for Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. by Depeng Bi
10 2024-11-05 MOTION by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. for temporary restraining order
11 2024-11-05 MEMORANDUM by Shenzhen Kunshengze Electronic Commerce Co., Ltd. in support of motion for temporary restraining order[10]
[+] 12 2024-11-05 DECLARATION of Konrad Sherinian regarding motion for temporary restraining order[10]
[+] 13 2024-11-05 DECLARATION of Yulin Zhou regarding motion for temporary restraining order[10]
14 2024-11-05 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. Exh. 2 to Declaration of Yulin Zhou (Attachments: # (1) Exhibit Stores 76-150, # (2) Exhibit Stores 151-210, # (3) Exhibit Stores 211-253)
15 2024-11-05 MOTION by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. to seal document Schedule A to Complaint and Exhibit 2 to Declaration of Yulin Zhou
16 2024-11-05 MOTION by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. for leave to file excess pages
17 2024-11-06 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to seal Schedule A to the Complaint and Exhibit 2 to the Declaration of Yulin Zhou 15 and motion for leave to file excess pages 16 are granted. The plaintiff's motion for a temporary restraining order 10 is taken under advisement. By 11/13/2024, the plaintiff is required to supplement its motion with: (1) a listing of all prior online trademark, copyright, or patent infringement cases (also known as "Schedule A" cases) filed in any court in the United States in which it was a plaintiff, (2) a listing of any of the defendants included in the Schedule A in this case that the plaintiff has previously named as a defendant in any prior complaint or Schedule A case, (3) a certification that the plaintiff has not used any of the screenshot evidence supplied in support or its motion in any prior proceeding, and (4) an index that matches each defendant to the screenshots supplied in support of the motion, lists the dates those screenshots were taken, and identifies, on a defendant-by-defendant basis, the specific copyright or patent each defendant has allegedly infringed. The plaintiff must also provide a claim chart for each accused product that analyzes each of those products and demonstrates that they incorporate every limitation of the claim. 1348671 B.C. Ltd. v. Schedule A, No. 1:24-cv-09479 (N.D. Ill. Nov. 6, 2024) ("The Court would never grant preliminary injunctive relief in a single-defendant patent case without a rigorous comparison between the accused product(s) and the asserted claim(s), so it should go without saying that the Court will not do so against [a larger number] of defendants.") Finally, the plaintiff must submit a supplemental document explaining why it is entitled to an asset restraint in this suit. CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002) ("[A] district court may not issue an injunction freezing assets in an action for money damages where no equitable interest is claimed."); ABC Prods. v. Schedule A, No. 23-cv-04131, 2024 WL 1549784, at *6 (N.D. Ill. Jan. 9, 2024) (suit for patent infringement "does not provide for the equitable relief of accounting and profits"); see Univ. of Colo. Found., Inc. v. Am. Cyanamid Co., 342 F.3d 1298, 1306 (Fed. Cir. 2003) (unjust-enrichment claims preempted when sufficiently "patent-like"). Mailed notice
[+] 18 2024-11-13 MEMORANDUM order on motion for temporary restraining order, order on motion to seal document, order on motion for leave to file excess pages, terminate motions, 17 by Shenzhen Kunshengze Electronic Commerce Co., Ltd.
19 2024-11-13 DECLARATION of Yulin Zhou regarding memorandum, 18 Declaration & Statement
20 2024-11-18 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the supplemental materials in support of the plaintiff's motion for a temporary restraining order 18, the plaintiff is also required to submit a document (1) analyzing which ornamental components are shared between each accused product and the asserted design patent, and (2) analyzing which of those shared features are not present in the prior art. This requires a product-by-product analysis. In other words, the plaintiff must provide, for each of the accused defendants' allegedly infringing products, an analysis of which components are shared or not shared with the specified design patent as well as with the prior art. See ABC Corp. I v. Schedule A, 52 F.4th 934, 942-43 (district courts are "required to conduct the ordinary observer analysis" for design patents "through the lens of the prior art"). Mailed notice
[+] 21 2024-11-21 RESPONSE by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd.
22 2024-11-22 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 10 is granted. Enter temporary restraining order. Mailed notice
23 2024-11-22 SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 11/22/2024. Mailed notice
24 2024-11-27 SURETY BOND in the amount of $ 253,000.00 posted by Shenzhen Kunshengze Electronic Commerce Co., Ltd. Document not imaged. (Received at the Intake Counter on 11/27/2024.)
25 2024-11-28 MOTION by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. for extension of time Extend TRO
26 2024-12-02 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 25 is granted. Enter order. Mailed notice
[+] 27 2024-12-02 EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 12/2/2024. Mailed notice
29 2024-12-03 RESPONSE by Defendant to the Complaint and Motion to Dismiss. (Exhibits) (Received via pro se email on 12/3/2024)
30 2024-12-03 PRO SE Appearance by Defendant Mohamed Remziy. (Received via pro se email on 12/3/2024)
[+] 28 2024-12-04 SUMMONS Returned Executed by Shenzhen Kunshengze Electronic Commerce Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/4/2024, answer due 12/25/2024.
31 2024-12-06 MINUTE entry before the Honorable John J. Tharp, Jr: The defendant thriftstoreuk's motion to dismiss 29 is taken under advisement. The plaintiff's response is due 1/2/2025; the defendant's response is due 1/23/2025. Mailed notice
32 2024-12-07 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Electronic Commerce Co., Ltd. store thriftstoreuk (Def. No. 214)
33 2024-12-10 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the parties' stipulation of dismissal 32, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), defendant no. 214 is dismissed from this case. The defendant's motion to dismiss 29 is dismissed as moot. Mailed notice
34 2024-12-12 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Electronic Commerce Co., Ltd.
35 2024-12-12 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Electronic Commerce Co., Ltd.
36 2024-12-12 MOTION by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. for preliminary injunction
37 2024-12-12 MEMORANDUM by Shenzhen Kunshengze Electronic Commerce Co., Ltd. in support of motion for preliminary injunction[36]
[+] 38 2024-12-12 DECLARATION of Konrad Sherinian regarding motion for preliminary injunction[36]
39 2024-12-13 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal 34 35, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant nos. 1, 3, 6, 8, 11, 18, 21, 23, 24, 26, 27, 33, 39, 44, 57, 59, 64, 65, 66, 67, 70, 71, 72, 73, 75, 77, 80, 83, 84, 86, 87, 92, 93, 94, 96, 97, 98, 99, 102, 104, 105, 108, 118, 129, 130, 139, 141, 142, 143, 144, 155, 158, 162, 163, 164, 171, 173, 178, 179, 180, 187, 188, 189, 190, 192, 196, 197, 199, 201, 204, 206, 208, 215, 218, 222, 227, 228, 230, 231, 235, 238, 245, 248, 250, and 252 are dismissed from this case. Mailed notice
40 2024-12-13 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction 36 is taken under advisement. Any objection or response is due before 12/19/2024. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement, by 12/16/2024, the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before 12/19/2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Finally, by 12/16/2024, the plaintiff must supplement its certificate of service by identifying what email addresses it has used to serve the defendants. Mailed notice
41 2024-12-16 CERTIFICATE of Service by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd.
42 2024-12-16 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd.
43 2024-12-16 MOTION by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. to seal document
44 2024-12-17 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to seal 43 is granted. The document filed provisionally under seal 43 is permitted to remain under seal. Mailed notice
49 2024-12-18 MOTION by Defendant Jacob Pray to dismiss. (Exhibits) (Received via pro se email on 12/18/2024)
[+] 50 2024-12-18 CERTIFICATE of Service regarding response to the complaint and motion to dismiss filed by Jacob Pray. (Received via pro se email on 12/18/2024)
45 2024-12-20 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 36 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 12/23/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice
[+] 46 2024-12-20 PRELIMINARY Injunction Orde. Signed by the Honorable John J. Tharp, Jr on 12/20/2024:Mailed notice
57 2024-12-20 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 Honorable Virginia M. Kendall on 12/20/2024: Mailed notice.
51 2024-12-23 STIPULATION of Dismissal store gatosgoods (def. no. 184)
52 2024-12-23 MINUTE entry before the Honorable John J. Tharp, Jr:The defendant gatosgoods's motion to dismiss 48 is taken under advisement. The plaintiff's response is due 1/10/2025 and the defendant's reply is due 1/24/2025.Mailed notice
54 2024-12-24 MOTION to enforce settlement agreement filed by Defendant Mohamed Remziy. (Exhibits) (Received via pro se email on 12/24/2024)
53 2024-12-26 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Electronic Commerce Co., Ltd.
55 2024-12-27 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff and defendant no. 184's joint stipulation of dismissal, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), defendant no. 184 is dismissed from this case. The pending motion to dismiss 49 is dismissed as moot, and the briefing schedule set forth on 12/23/2024 52 is stricken. Mailed notice
56 2024-12-27 MINUTE entry before the Honorable John J. Tharp, Jr: The defendant thriftstoreuk's motion to enforce a settlement agreement 54 is denied. The parties filed a stipulated dismissal with prejudice and consequently the Court lacks subject matter jurisdiction over the dispute regarding performance of the settlement agreement. See, e.g., Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007); Blue Cross and Blue Shield Ass'n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006), and Lynch v. Samatamason Inc., 279 F.3d 487 (7th Cir. 2002). Mailed notice
58 2025-01-01 PRO SE Appearance by Defendant David, owner of store (ShirlyStore). (Received via pro se email on 1/1/2025)
59 2025-01-04 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Electronic Commerce Co., Ltd.
60 2025-01-04 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Electronic Commerce Co., Ltd.
61 2025-01-06 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal 59 60, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant nos. 52, 61, and 62 are dismissed from this case. Mailed notice
62 2025-01-08 MOTION for reconsideration by Defendant Mohamed Remziy operating the4 eBay store "thriftstoreuk". (Exhibits) (Certified Envelope not Postmarked) (Received by mail in the Clerk's Office on 1/8/2025)
63 2025-01-08 MOTION by Defendant Mohamed Remziy to withdraw Motion for Reconsideration. (Received via pro se email on 1/8/2025)
64 2025-01-10 MINUTE entry before the Honorable John J. Tharp, Jr:The defendant thriftstoreuk's motion to withdraw their motion for reconsideration 63 is granted. As such, the defendant's motion for reconsideration 62 is denied as moot. Mailed notice
65 2025-01-13 MOTION by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. for default judgment as to certain defendants
[+] 66 2025-01-13 MEMORANDUM by Shenzhen Kunshengze Electronic Commerce Co., Ltd. in support of motion for default judgment 65
67 2025-01-13 DECLARATION of Konrad Sherinian regarding motion for default judgment 65
68 2025-01-14 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment as to certain defendants 65 is taken under advisement. Any objections or responses are due by 1/24/2025. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 1/16/2025. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order, and (2) send an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them, attaching a copies of plaintiff's motion for default judgment, memorandum in support thereof, and this Order, and containing a link to the updated website. Mailed notice
69 2025-01-27 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Electronic Commerce Co., Ltd.
70 2025-01-27 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [69], and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant nos. 12, 14, 25, and 50 are dismissed from this case. Mailed notice
71 2025-01-27 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff is directed to file a certificate of service demonstrating compliance with the Court's order of 1/14/2025 [68] regarding effecting notice of the default proceedings on the defendants. Mailed notice
72 2025-01-27 DECLARATION of Depeng Bi
73 2025-01-28 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's declaration of service 72, and with no defendant having objected, the plaintiff's motion for default judgment 65 is granted. Enter default judgment. Civil case terminated. Mailed notice
74 2025-01-28 DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 1/28/2025. Mailed notice
[+] 75 2025-01-30 MAILED Closing Patent report to Patent Trademark Office, Alexandria VA.
76 2025-01-30 FULL SATISFACTION of Judgment
77 2025-01-31 MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 76, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendants nos. 60, 90, 132, 183, 210, and 213. Emailed notice
78 2025-02-03 FULL SATISFACTION of Judgment
79 2025-02-04 MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 78, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant nos. 4, 13, 28, 46, 55, 58, 103, 106, 115, 145, 157, 169, 172, 181, 202, 205, 211, and 223. Mailed notice
80 2025-02-05 FULL SATISFACTION of Judgment
81 2025-02-06 MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant nos. 2, 9, 56, 107, 137, 146, 170, 203, and 246. Mailed notice
82 2025-02-07 ATTORNEY Appearance for Defendant inventoryemporium by Benjamin Adam Campbell
[+] 83 2025-02-07 MOTION by Defendant inventoryemporium for sanctions under the TRO bond and the Court's inherent authority
84 2025-02-10 MINUTE entry before the Honorable John J. Tharp, Jr:The defendant inventory emporium's motion for sanctions under the TRO bond 83 is taken under advisement. The plaintiff's response is due no later than 2/24/2025. Mailed notice
85 2025-02-24 RESPONSE by Shenzhen Kunshengze Electronic Commerce Co., Ltd.in Opposition to MOTION by Defendant inventoryemporium for sanctions under the TRO bond and the Court's inherent authority 83
[+] 86 2025-02-24 DECLARATION of Depeng Bi regarding response in opposition to motion 85
[+] 87 2025-02-24 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. Exh 1 - Emails with Ebay
88 2025-02-24 MOTION by Plaintiff Shenzhen Kunshengze Electronic Commerce Co., Ltd. to seal document sealed document, 87
89 2025-02-25 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to seal certain documents 88 is granted. The documents filed provisionally under seal 87 are permitted to remain under seal. Mailed notice
90 2025-02-25 MINUTE entry before the Honorable John J. Tharp, Jr: Any reply to Plaintiff's response 85 to defendant invventoryemporium's motion for sanctions 83 is due by 3/7/25. Mailed notice
91 2025-03-03 FULL SATISFACTION of Judgment
92 2025-03-04 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's report of full satisfaction of judgment 91, and pursuant to L.R. 58.1, enters the satisfaction of judgment as to defendant nos. 5, 36, 85, 134, 151, 156, 159, 186, and 195. Mailed notice
93 2025-03-07 REPLY by Defendant inventoryemporium In Support of Motion for Damages Against Injunction Bond and Sanctions Pursuant to the Court's Inherent Authority
94 2025-04-28 ORDER Signed by the Honorable John J. Tharp, Jr on 4/28/2025: For the reasons set forth in the Statement below, defendant Inventoryemporium's motion for sanctions under the TRO bond 83 is denied. Mailed notice
95 2025-04-28 FULL SATISFACTION of Judgment
96 2025-04-30 MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendants nos. 7, 15, 17, 19, 20, 22, 29, 30, 31, 32, 34, 35, 37, 38, 41, 42, 43, 45, 47, 48, 49, 51, 53, 54, 68, 69, 74, 76, 78, 79, 81, 82, 88, 89, 91, 95, 100, 101, 109, 110, 111, 112, 113, 114, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 131, 133, 135, 136, 138, 140, 147, 148, 149, 150, 152, 153, 154, 160, 161, 165, 166, 167, 168, 174, 175, 176, 177, 182, 185, 191, 193, 194, 198, 200, 207, 212, 216, 217, 219, 220, 221, 224, 225, 226, 229, 232, 233, 234, 236, 237, 239, 240, 241, 242, 243, 244, 247, 249, 251, and 253. Mailed notice