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2023-cv-01721

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:2023-03-21
原告:Dyson Technology Limited
代理律所:GBC
诉讼类型:商标、专利
# Date Description
[+] 1 2023-03-20 COMPLAINT filed by Dyson Technology Limited; Filing fee $ 402, receipt number AILNDC-20456804.
2 2023-03-20 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint[1]
3 2023-03-20 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1 - 5 regarding complaint[1]
4 2023-03-20 MOTION by Plaintiff Dyson Technology Limited for leave to file under seal
5 2023-03-20 CIVIL Cover Sheet
6 2023-03-20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited
7 2023-03-20 Notice of Claims Involving Patents by Dyson Technology Limited
8 2023-03-20 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio
9 2023-03-20 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain
10 2023-03-20 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jake Michael Christensen
[+] 11 2023-03-20 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham
12 2023-03-21 MAILED patent report to Patent Trademark Office, Alexandria VA
13 2023-03-21 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file under seal [4] is granted. Mailed notice
14 2023-03-22 MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
15 2023-03-22 MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order 14
[+] 16 2023-03-22 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15
[+] 17 2023-03-22 DECLARATION of Aimee Charlotte Brasington regarding memorandum in support of motion 15
[+] 18 2023-03-22 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Parts 1 - 5 regarding declaration 17
19 2023-03-22 MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
20 2023-03-22 MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief 19
[+] 21 2023-03-22 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20
22 2023-03-22 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 14, motion for miscellaneous relief 19 before Honorable Virginia M. Kendall on 3/28/2023 at 09:00 AM.
23 2023-03-27 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to medical reasons, Motion hearing set for 3/28/2023 is stricken. Parties shall contact the emergency duty Judge to reset Motion hearing. Mailed notice
[+] 24 2023-04-11 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 4/24/2023 at 9:15 AM regarding Motions 14 and 19. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice
25 2023-04-17 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to medical reasons, Motion hearings set for 4/24/2023 are stricken. Parties are directed to contact the emergency Judge to reset Motion hearing. Mailed notice
26 2023-04-18 MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court, acting as the Emergency Judge, grants Plaintiff's motion for electronic service of process [19]. The Court also finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged and established, via declaration, that, even though "Defendants operate under multiple fictitious aliases, the e-commerce stores operating under the Seller Aliases often 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. E-commerce stores operating under the Seller Aliases 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. Additionally, Infringing Products for sale by the Seller Aliases 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." [1] at 18; [17] at 15. Plaintiff also alleges and establishes, via declaration, 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." [1] at 21; [17] at 18. For present purposes, these facts satisfy the "series of transactions or occurrences" requirement of 35 U.S.C. § 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. Finally, the Court grants Plaintiff's ex parte motion for entry of a temporary restraining order [14]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 5/2/23. The Court strikes any notice of motion date. Mailed notice
27 2023-04-18 SEALED ORDER Signed by the Honorable John Robert Blakey on 4/18/2023. Mailed notice
[+] 28 2023-04-19 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 6/8/2023 at 9:15 AM. If Parties need a Status hearing prior to 6/8/2023, please contact Judge Shah's courtroom deputy. If a Motion is filed prior to 6/8/2023, please notice it before Judge Shah for a hearing. Mailed notice
29 2023-04-26 INJUNCTION BOND in the amount of $ 10,000 posted by Dyson Technology Limited (Document not scanned)
30 2023-04-27 MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order
[+] 31 2023-04-27 MEMORANDUM by Dyson Technology Limited in support of extension of time 30
32 2023-04-27 NOTICE of Motion by Jake Michael Christensen for presentment of extension of time 30 before Honorable Manish S. Shah on 5/2/2023 at 09:45 AM.
33 2023-05-01 MINUTE entry before the Honorable Manish S. Shah: The motion to extend the TRO 30 is granted and the ex parte TRO is extended to 5/16/23. No appearance on the motion is necessary. Notices mailed.
34 2023-05-11 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to Certain Defendants
[+] 35 2023-05-11 MOTION by Plaintiff Dyson Technology Limited for preliminary injunction
[+] 36 2023-05-11 MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction 35
[+] 37 2023-05-11 NOTICE of Motion by Jake Michael Christensen for presentment of motion for preliminary injunction 35 before Honorable Manish S. Shah on 5/16/2023 at 09:45 AM.
[+] 38 2023-05-11 SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/11/2023, answer due 6/1/2023.
39 2023-05-16 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for preliminary injunction 35 is granted. 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. Notices mailed.
[+] 40 2023-05-16 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 5/16/2023. Notices mailed.
41 2023-05-25 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
42 2023-06-02 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Virginia M. Kendall no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023.
43 2023-06-06 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 6/8/2023 is stricken due to case being reassigned to Judge Hunt. Mailed notice
44 2023-07-05 MINUTE entry before the Honorable LaShonda A. Hunt: This case has been reassigned to the calendar of Judge Hunt. The parties are ordered to file a Joint Initial Status Report for Reassigned Case by 7/14/2023. A template for the report can be found on Judge Hunt's webpage on the Court's website under "New and Reassigned Cases." A telephonic status hearing is set for 7/18/2023, at 10:30 a.m. Attorneys/Parties may appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Throughout the hearing, each speaker must identify themselves for the record before speaking. Members of the public and media may call in to listen to this hearing. Please keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted or denied entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice.
45 2023-07-14 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain Defendants
[+] 46 2023-07-14 MOTION by Plaintiff Dyson Technology Limited for entry of default, MOTION by Plaintiff Dyson Technology Limited for default judgment as to all Defendants with the exception of a certain Defendant
[+] 47 2023-07-14 MEMORANDUM by Dyson Technology Limited in support of motion for entry of default, motion for default judgment, 46
[+] 48 2023-07-14 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 47
49 2023-07-14 STATUS Report pursuant to 44 by Dyson Technology Limited
50 2023-07-18 MINUTE entry before the Honorable LaShonda A. Hunt: Motion hearing held telephonically. Before the Court is Plaintiff's Motion for Entry of Default and Default Judgment Against all Remaining Defendants with the Exception of Defendant LPINYE 46. All remaining defendants except Defendant LPINYE have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered against those Defendants under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the request for entry of default judgment must be filed on or before 7/27/23. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Emailed notice.
[+] 51 2023-07-18 CERTIFICATE of Service by Plaintiff Dyson Technology Limited regarding motion hearing, 50
52 2023-08-25 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendant
53 2023-08-30 FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 8/30/2023. Civil case terminated. Emailed notice.
[+] 54 2023-08-31 MAILED Patent report with certified copy of Final Judgment Order dated 08/30/2023 to Patent Trademark Office, Alexandria VA.