Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Oakley, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" and orge888 |
| 1:2020cv05943 |
| October 6, 2020 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Patent |
| 35 U.S.C. § 271 |
| None |
Docket Report
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| Document Text |
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| NEW PARTIES: orge888 added to case caption. (Christensen, Jake) |
| Filing 38 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 11/04/2020. Emailed notice (mw, ) |
| Filing 37 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction #34 is granted, because the same circumstances that justified the entry of the TRO still apply. The TRO is converted to a preliminary injunction. The tracking status hearing of 11/06/2020 is reset to 12/18/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report by 12/11/2020. But if the Defendant does not timely answer on 11/25/2020, then the Defendant shall be deemed in default, and instead the Plaintiff shall file a motion for default judgment on 12/11/2020. Emailed notice (mw, ) |
| Filing 36 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction #34 before Honorable Edmond E. Chang on 11/6/2020 at 08:30 AM. (Gaudio, Justin) |
| Filing 35 MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction #34 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 34 MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Gaudio, Justin) |
| Filing 33 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 11/4/2020, answer due 11/25/2020. (Attachments: #1 Declaration of Thomas J. Juettner)(Juettner, Thomas) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A". (ng, ) |
| Filing 32 SURETY BOND in the amount of $ 1,000 posted by Oakley, Inc. (DOCUMENT NOT SCANNED) (jh, ) |
| Filing 31 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO #28 is granted through 11/09/2020. By 11/04/2020, the Plaintiff shall file a motion for preliminary injunction or for other appropriate relief. The tracking status hearing of 10/23/2020 is reset to 11/06/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 30 NOTICE of Motion by Justin R. Gaudio for presentment of extension of time #28 before Honorable Edmond E. Chang on 10/23/2020 at 08:30 AM. (Gaudio, Justin) |
| Filing 29 MEMORANDUM by Oakley, Inc. in support of extension of time #28 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 28 MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Filing 27 (PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 10/12/2020. Emailed notice (mw, ) |
| Filing 26 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 10/12/2020. (mw, ) |
| Filing 25 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #14 for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery is granted. An order will be entered under seal separately. Having said that, the Court expresses two concerns. First, the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, recovery of the Defendant's profits under 35 U.S.C. 289, which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of the Plaintiff being able to freeze the assets without advance warning to Defendant, who likely would seek to transfer the money elsewhere. Second, this is a design-patent case, not a trademark case, and the Court notes some skepticism that the ornamental (rather than functional) features of the design patents are definitively infringed. Specifically, in the Defendant's design, there is a conspicuously large oval cut-out where the lens meets the side frame; that large oval cut-out is not in the Plaintiff's design patents. So adversarial presentation might very well undercut the infringement contention; and at the least, even without adversarial presentation, this might undercut any sizeable damages claim. In any event, by 10/19/2020, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendant and omitting Schedule A). The Plaintiff's motion #19 for electronic service of process is granted. Status hearing set for 10/23/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, because the TRO expires on 10/26/2020, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) on 10/20/2020. Lastly, the Court notes that, in the amended complaint, at R. 11 at 6 n.2, it appears that the senator's first name is misspelled when compared to the spelling on the senator's official website. Emailed notice (mw, ) |
| Filing 24 Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) |
| Filing 23 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin) |
| Filing 22 NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #14 , MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #19 (Gaudio, Justin) |
| Filing 21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #20 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 20 MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief #19 (Gaudio, Justin) |
| Filing 19 MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 18 EXHIBITS by Plaintiff Oakley, Inc. regarding declaration #17 . (Gaudio, Justin) Modified on 11/9/2020 (jh, ). |
| Filing 17 DECLARATION of Jason Groppe regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 16 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 15 MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 13 EXHIBITS by Plaintiff Oakley, Inc. regarding Amended Complaint, #11 . (Gaudio, Justin) Modified on 11/9/2020 (jh, ). |
| Filing 12 EXHIBIT by Plaintiff Oakley, Inc. regarding Amended Complaint, #11 , (Schedule A) (Gaudio, Justin) Modified on 11/9/2020 (jh, ). |
| Filing 11 AMENDED complaint by Oakley, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7)(Gaudio, Justin) |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang: The motion #4 to file Schedule A under seal is granted for now. This case was filed against 69 defendants for trademark infringement. But joinder as to all of those defendants might not be proper when measured against the standard set in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). The Plaintiff shall file an amended complaint by 10/15/2020 to comply with the opinion or else file a memorandum explaining why joinder is proper. To track the filing of the amended complaint, a status hearing is set for 10/23/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 8 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) |
| Filing 7 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 6 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 5 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 4 MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 3 EXHIBITS by Plaintiff Oakley, Inc. regarding complaint #1 . (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3)(Gaudio, Justin) Modified on 11/9/2020 (jh, ). |
| Filing 2 EXHIBITS by Plaintiff Oakley, Inc. regarding complaint #1 , (Schedule A). (Gaudio, Justin) Modified on 11/9/2020 (jh, ). |
| Filing 1 COMPLAINT filed by Oakley, Inc.; Filing fee $ 400, receipt number 0752-17514500. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (lxk, ) |
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