Inventus Power, Inc. et al v. Shenzhen Ace Battery Co., Ltd.
Plaintiff: Inventus Power, Inc. and ICC Electronics (Dongguan) Ltd.
Defendant: Shenzhen Ace Battery Co., Ltd.
Case Number: 1:2020cv03375
Filed: June 8, 2020
Court: US District Court for the Northern District of Illinois
Office: Chicago Office
Presiding Judge: Robert M Dow
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2020 Opinion or Order Filing 60 ATTORNEY Appearance for Defendant Shenzhen Ace Battery Co., Ltd. by Jessica Tovrov (Tovrov, Jessica)
July 24, 2020 Opinion or Order Filing 59 Substitution of Counsel by Shenzhen Ace Battery Co., Ltd. (Cheng, He)
July 22, 2020 Opinion or Order Filing 58 MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report #55 filed on 7/21/2020, the TRO [48, 50] issued on 7/13/2020 is extended by agreement of the parties and pursuant to FRCP 65(d)(2) to 12/18/2020 to permit expedited discovery, briefing, hearing, and decision on Plaintiff's forthcoming motion for preliminary injunction. The Court adopts the parties' proposed preliminary injunction schedule [see 55, at 3] and requests that the parties file a joint status report no later than 10/16/2020 confirming that discovery relating to the preliminary injunction has been completed. The Court will likely set the matter for a telephone status hearing shortly thereafter to confirm a date and time for a preliminary injunction hearing. (It is difficult to set a date and time this far out given the uncertainty of the Court's trial calendar due to the pandemic.). The Court commends counsel and their clients for the professionalism with which this sensible arrangement has been put together. In view of the foregoing, the telephonic status hearing set for 7/22/2020 at 12:30 is stricken as unnecessary. Mailed notice (cdh, )
July 22, 2020 Opinion or Order Filing 57 ATTORNEY Appearance for Defendant Shenzhen Ace Battery Co., Ltd. by Tao Liu Liu, Tao (Liu, Tao)
July 22, 2020 Opinion or Order Filing 56 ATTORNEY Appearance for Defendant Shenzhen Ace Battery Co., Ltd. by He Cheng (Cheng, He)
July 21, 2020 Opinion or Order Filing 55 STATUS Report (JOINT) by ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. (Cutri-11-9308, Gianni)
July 20, 2020 Opinion or Order Filing 54 Certification of Compliance with Temporary Restraining Order STATEMENT by Shenzhen Ace Battery Co., Ltd. (Lee, Otto)
July 17, 2020 Opinion or Order Filing 53 SURETY BOND in the amount of $50,000.00 posted by ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. (Document not scanned). (aee, )
July 17, 2020 Opinion or Order Filing 52 ORDER CONFIRMING POSTING OF SURETY BOND BY PLAINTIFFS Signed by the Honorable Robert M. Dow, Jr. on 7/17/2020. Mailed notice(cdh, )
July 17, 2020 Opinion or Order Filing 51 MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held on the TRO. Joint status report due 7/21/2020; further telephone conference set for 7/22/2020 at 12:30 p.m. Mailed notice (cdh, )
July 14, 2020 Opinion or Order Filing 50 TEMPORARY Restraining Order signed by the Honorable Robert M. Dow, Jr on 7/14/2020. Mailed notice(jh, )
July 13, 2020 Opinion or Order Filing 49 STIPULATION Re Service of Process and Extension of Time to Respond to Complaint (Viau, Kevin)
July 13, 2020 Opinion or Order Filing 48 MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 7/13/2020. Plaintiffs Inventus Power, Inc. ("Inventus") and ICC Electronics (Dongguan) Ltd. ("ICC") (together, "Plaintiffs") bring suit against Defendant Shenzhen Ace Battery Co., Ltd. ("ACE" or "Defendant") for trade secret misappropriation under the Defend Trade Secrets Act, 18 U.S.C. 1836(b), 1839 et seq. ("DTSA"), and the Illinois Trade Secrets Act, 765 ILCS 1065 et seq. ("ITSA"). Currently before the Court are Plaintiffs' motion for temporary restraining order ("TRO") #6 and motion for expedited discovery #16 . For the following reasons, Plaintiffs' motion for TRO #6 is granted. Plaintiffs' motion for expedited discovery #16 is granted in part and denied in part; expedited discovery shall be mutual and limited to the matters at issue in the motion for preliminary injunction. A bond in the amount of $50,000 shall be posted by Plaintiffs. This case is set for a telephonic status hearing on July 17, 2020 at 10:30 a.m. Counsel should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. (cdh, )
July 10, 2020 Opinion or Order Filing 47 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket)
July 8, 2020 Opinion or Order Filing 46 MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the briefing [see 17, 32, 34, 38-1, 40] on the pending motion for TRO #16 , the Court has determined that the motion can be resolved on the briefs and anticipates issuing a written ruling early next week. Mailed notice (cdh, )
July 5, 2020 Opinion or Order Filing 45 MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion to seal #43 is granted. Notice of motion date of 7/9/2020 is stricken and no appearances are necessary on that date. The motion for TRO is now fully briefed. The Court will either issue a ruling by mail or set the matter for further hearing by telephone once it has reviewed all of the briefs and exhibits. Mailed notice (cdh, )
July 2, 2020 Opinion or Order Filing 44 NOTICE of Motion by Gianni L Cutri-11-9308 for presentment of motion to seal #43 before Honorable Robert M. Dow Jr. on 7/9/2020 at 09:15 AM. (Cutri-11-9308, Gianni)
July 2, 2020 Opinion or Order Filing 43 MOTION by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. to seal (Cutri-11-9308, Gianni)
July 2, 2020 Opinion or Order Filing 42 SEALED DOCUMENT by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. Declaration of Wenhua (Ewin) Li (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cutri-11-9308, Gianni)
July 2, 2020 Opinion or Order Filing 41 SEALED DOCUMENT by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. 2nd Declaration of Zack Lau (Cutri-11-9308, Gianni)
July 2, 2020 Opinion or Order Filing 40 SUR-REPLY by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. to motion for temporary restraining order #6 (Cutri-11-9308, Gianni)
June 29, 2020 Opinion or Order Filing 39 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant's motion for leave to file sur-reply and to strike Plaintiffs' reply #38 is granted in part and denied in part. In view of the fast-moving situation and in the interest of a more complete record, the motion for leave to file sur-reply is granted and the brief will be accepted and considered by the Court. However, consistent with the principle that the moving party generally gets the last word, Plaintiffs will be given leave to file a sur-sur-reply no later than 7/2/2020. Defendant's request to strike Plaintiffs' reply is denied. Although the filing appears to have been made a few hours late, there was no prejudice to Defendant as there is no right to file a sur-reply and Defendant's motion for leave to file a brief of that nature has been granted. Finally, the Court notes that the timeline of events leading up to this litigation places this action in the category of cases that warrant expedited treatment, but not emergency treatment. As Plaintiffs' reply brief confirms [see 34 at 13], Plaintiff Inventus began to discover evidence of mass downloading in April and more after June 1, but did not file this action until June 8 and did not notice its motion for presentment until June 22. Moreover, the volume of information that will be placed before the Court once the fifth brief on this motion has been filed will require considerable effort by the Court and its law clerk to sort through. Once the Court has reviewed the briefing, it will either issue a ruling by mail or set the matter for oral argument and/or an evidentiary hearing. Finally, as a housekeeping matter, Plaintiffs' motion to file docket entries 35 and 36 under seal #37 is granted. Mailed notice (cdh, )
June 29, 2020 Opinion or Order Filing 38 MOTION by Defendant Shenzhen Ace Battery Co., Ltd. for leave to file Surreply in Opposition to Plaintiff's Ex Parte Motion for Temporary Restraining Order and Motion for Early Discovery; and Motion to Strike Plaintiff's Reply in Support of Ex Parte Motion for Temporary Restraining Order and Motion for Early Discovery (Attachments: #1 Surreply, #2 Declaration of Yancey Yang, #3 Declaration of Gerrard Liu, #4 Declaration of James Zhao (2nd))(Lee, Otto)
June 27, 2020 Opinion or Order Filing 37 MOTION by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. to seal document sealed document #35 , sealed document #36 (Cutri-11-9308, Gianni)
June 27, 2020 Opinion or Order Filing 36 SEALED DOCUMENT by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. (SEALED) Exhibit 5: Declaration of Guanghui (Sigma) Xu (Cutri-11-9308, Gianni)
June 27, 2020 Opinion or Order Filing 35 SEALED DOCUMENT by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. (SEALED) Exhibit 4: Declaration of Bo (Tom) Li (Cutri-11-9308, Gianni)
June 27, 2020 Opinion or Order Filing 34 REPLY by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. to motion for discovery #16 , motion for temporary restraining order #6 (Attachments: #1 Exhibit 4: Declaration of Bo (Tom) Li [REDACTED], #2 Exhibit 5: Declaration of Guanghui (Sigma) Xu [REDACTED], #3 Exhibit 6: Declaration of Ming (Gary) Zheng)(Cutri-11-9308, Gianni)
June 24, 2020 Opinion or Order Filing 33 MINUTE entry before the Honorable Robert M. Dow, Jr: Telephonic motion hearing held on 6/22/2020. Plaintiffs' application for temporary restraining order #6 is taken under advisement. Plaintiffs' uncontested motion to file under seal #13 is granted. Based on the representations on the record, Plaintiffs' motion for entry of an order directing service of process abroad pursuant to Fed. R. Civ. P. 4(f)(3) #14 is moot. Plaintiffs' motion for limited expedited discovery #16 is taken under advisement. Plaintiffs' reply brief is due 6/26/2020. Motion for leave to appear pro hac vice #31 is granted. Mailed notice (cdh, )
June 22, 2020 Opinion or Order Filing 32 MEMORANDUM by Shenzhen Ace Battery Co., Ltd. in Opposition to motion for discovery #16 , motion for temporary restraining order #6 (Attachments: #1 Declaration of James Zhao, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Lee, Otto)
June 20, 2020 Opinion or Order Filing 31 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17129308. (Hong-Gonzalez, Jenny)
June 19, 2020 Opinion or Order Filing 30 MINUTE entry before the Honorable Robert M. Dow, Jr: Motions to appear pro hac vice #28 and #29 are granted. Mailed notice (cdh, )
June 19, 2020 Opinion or Order Filing 29 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17127010. (Viau, Kevin)
June 19, 2020 Opinion or Order Filing 28 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17126923. (Lee, Otto)
June 17, 2020 Opinion or Order Filing 27 MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs' motions for TRO #6 , to seal #13 , for entry of order directing service abroad #14 , and for discovery #16 will be heard telephonically at 9:15 a.m. on 6/22/2020. Please use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Mailed notice (cdh, )
June 11, 2020 Opinion or Order Filing 26 NOTICE of Motion by Gianni L Cutri-11-9308 for presentment of motion for discovery #16 , motion for temporary restraining order #6 , motion to seal document #13 , motion for miscellaneous relief #14 before Honorable Robert M. Dow Jr. on 6/22/2020 at 09:15 AM. (Cutri-11-9308, Gianni)
June 11, 2020 Opinion or Order Filing 25 MINUTE entry before the Honorable Robert M. Dow, Jr:Motions for leave to appear pro hac vice #20 , #21 , #22 , #23 , #24 are granted. Mailed notice (cdh, )
June 10, 2020 Opinion or Order Filing 24 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17096531. (Bendix, Kevin)
June 9, 2020 Opinion or Order Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17095072. (Flechsig, Natalie)
June 9, 2020 Opinion or Order Filing 22 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17095070. (Dou, Yimeng)
June 9, 2020 Opinion or Order Filing 21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17095060. (De Vries, Michael)
June 9, 2020 Opinion or Order Filing 20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17095055. (Alper, Adam)
June 9, 2020 Opinion or Order Filing 18 PAYMENT regarding #1 of Filing fee $ 400, receipt number 0752-17092937. (Cutri-11-9308, Gianni)
June 9, 2020 Opinion or Order CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (acm, )
June 9, 2020 Opinion or Order SUMMONS Issued as to Defendant Shenzhen Ace Battery Co., Ltd. (ng, )
June 8, 2020 Opinion or Order Filing 17 MEMORANDUM by ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. in support of motion for discovery #16 (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 16 MOTION by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. for discovery (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 15 MEMORANDUM by ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. in support of motion for miscellaneous relief #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 14 MOTION by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. For Entry of an Order Directing Service of Process Abroad Pursuant to Fed. R. Civ. P. 4(F)(3) (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 13 MOTION by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. to seal document sealed document, #10 , sealed document #11 , sealed document #8 , sealed document #9 (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 12 DECLARATION of Gianni Cutri regarding motion for temporary restraining order #6 (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 11 SEALED DOCUMENT by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. Sealed Declaration of Zack Lau #6 (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 10 SEALED DOCUMENT by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. Sealed Declaration of Nuo Ma #6 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 9 SEALED DOCUMENT by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. Sealed Declaration of Tom Nguyen #6 (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 8 SEALED DOCUMENT by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. SEALED Memorandum in Support of Temporary Restraining Order #6 (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 7 MEMORANDUM by ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. in support of motion for temporary restraining order #6 [REDACTED] (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 6 MOTION by Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. for temporary restraining order (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs re complaint, #1 (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 4 ATTORNEY Appearance for Plaintiffs ICC Electronics (Dongguan) Ltd., Inventus Power, Inc. by Gianni L Cutri-11-9308 (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 3 CIVIL Cover Sheet (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 2 PAYMENT regarding #1 of Filing fee $ 400. (Cutri-11-9308, Gianni)
June 8, 2020 Opinion or Order Filing 1 COMPLAINT filed by Inventus Power, Inc., ICC Electronics (Dongguan) Ltd.; Jury Demand. Filing fee $ 400. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Cutri-11-9308, Gianni)

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Defendant: Shenzhen Ace Battery Co., Ltd.
Represented By: Andrew Jonathan Palmer
Represented By: Jessica Tovrov
Represented By: He Cheng
Represented By: Otto O. Lee
Represented By: Jenny Hue Man Hong-Gonzalez
Represented By: Tao Liu
Represented By: Kevin C. Viau
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Plaintiff: Inventus Power, Inc.
Represented By: Gianni L Cutri-11-9308
Represented By: Adam R. Alper
Represented By: Kevin D. Bendix
Represented By: Natalie Flechsig
Represented By: Michael W. De Vries
Represented By: Yimeng Dou
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Plaintiff: ICC Electronics (Dongguan) Ltd.
Represented By: Gianni L Cutri-11-9308
Represented By: Adam R. Alper
Represented By: Kevin D. Bendix
Represented By: Natalie Flechsig
Represented By: Michael W. De Vries
Represented By: Yimeng Dou
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