Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Dyson Technology Limited |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 1:2021cv06567 |
| December 8, 2021 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Patent |
| 35 U.S.C. § 271 |
| None |
Docket Report
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Filing 38
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 2/4/2022. Mailed notice. (exr, )
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| Filing 37 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 2/4/2022: (rao, ) |
| Filing 36 MINUTE entry before the Honorable Martha M. Pacold: For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiffs motion for preliminary injunction #32 is granted. Enter Preliminary Injunction. 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. (rao, ) |
| Filing 35 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve all defendants with this notice. The court has taken the motion for preliminary injunction #32 under advisement and will consider the motion unopposed if no defendant appears and objects by 1/21/2022. Plaintiff is directed to consult the court's standing order on Schedule A cases and to send a proposed preliminary injunction order that conforms with the standing order. (rao, ) |
| Filing 34 NOTICE by Dyson Technology Limited re MOTION by Plaintiff Dyson Technology Limited for preliminary injunction #32 (Christensen, Jake) |
| Filing 33 MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction #32 (Attachments: #1 Declaration of Jake M. Christensen, #2 Exhibit 1)(Christensen, Jake) |
| Filing 32 MOTION by Plaintiff Dyson Technology Limited for preliminary injunction (Christensen, Jake) |
| Filing 31 SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 1/6/2022, answer due 1/27/2022. (Attachments: #1 Declaration of Abby Neu)(Neu, Abby) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A". (ng, ) |
| Filing 30 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/22/2021:(rao, ) |
| Filing 29 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO #26 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO entered on 12/14/2021 is extended until 01/11/2022. (rao, ) |
| Filing 28 NOTICE by Dyson Technology Limited re MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order #26 (Christensen, Jake) |
| Filing 27 MEMORANDUM by Dyson Technology Limited in support of extension of time #26 (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake) |
| Filing 26 MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order (Christensen, Jake) |
| Filing 25 SURETY BOND in the amount of $ 10,000.00 posted by Dyson Technology Limited. (lw, ) |
| Filing 24 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/14/2021:(rao, ) |
| Filing 23 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #12 and plaintiff's motion for electronic service of process #17 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| Filing 22 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited (Gaudio, Justin) |
| Filing 21 Notice of Claims Involving Patents by Dyson Technology Limited (Gaudio, Justin) |
| Filing 20 NOTICE by Dyson Technology Limited re MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #12 , MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #17 (Gaudio, Justin) |
| Filing 19 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #18 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 18 MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief #17 (Gaudio, Justin) |
| Filing 17 MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 16 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 Parts 1-5 regarding declaration #15 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5)(Gaudio, Justin) |
| Filing 15 DECLARATION of Giles Samuel Lane regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 14 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 13 MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order #12 (Gaudio, Justin) |
| Filing 12 MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 11 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal #4 is granted. Plaintiff's filing supports proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. Plaintiff has indicated that it intends to seek a TRO. Plaintiff is reminded that it should follow the instructions on this court's website for Schedule A cases found at https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==. (rao, ) |
| Filing 10 MAILED patent report to Patent Trademark Office, Alexandria VA (exr, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (ng, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ng, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Abby Marie Neu (Neu, Abby) |
| Filing 8 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jake Michael Christensen (Christensen, Jake) |
| Filing 7 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain (Crain, Lawrence) |
| Filing 6 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio (Gaudio, Justin) |
| Filing 5 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 4 MOTION by Plaintiff Dyson Technology Limited for leave to file under seal (Gaudio, Justin) |
| Filing 3 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 Parts 1-5 regarding complaint #1 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4, #5 Exhibit 1-5)(Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Dyson Technology Limited; Filing fee $ 402, receipt number 0752-18947745. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Gaudio, Justin) |
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| Plaintiff: Dyson Technology Limited | |
| Represented By: | Lawrence J. Crain |
| Represented By: | Abby Marie Neu |
| Represented By: | Jake Michael Christensen |
| Represented By: | Justin R. Gaudio |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A" | |
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