Yu v. The Partnerships and Unincorporated Associations identified in Schedule "A"
| QINFENG YU |
| THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A", The Partnerships and Unincorporated Associations identified in Schedule A, FREEFA, ASIEURO US, ANGUS-US, FRGFRG, RiY, tianyulabao, Run Duck, Dongguan Well Known E-Commerce Co., Ltd., shanxishuohualedianzishangwuyouxiangongsi, hongbangdoufupu, koytooy, Zerrone, leihai, daminjinxiu, changch unshilifushangm aoyouxiangongsiusm, INKERLEE, Yongte, USABLE, DITTOPSS, AERZETIX DIRECT, leinx us, Noelwose, nailiang, Linmu, jinhuaxiaod, CX-WILL, YMUAN Direct, JOE JOE US, Kinedil, US--Sunrise, VDKIDKT, Cacioa, Chang-Jia, ONEST Studio, Jun-Lian, Mutouzi, USA Trend ha, Startoo, ATESSON, AsHome, Amapaw Direct, AemoToy, Chaoran, WankaiGo, Hiyong-US, nanchneggu, Di Ao, Sunfait, yealexy, Nobility Shop, Youmate and MingTine |
| 1:2022cv00272 |
| January 17, 2022 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 24 NOTICE of Voluntary Dismissal by Qinfeng Yu of Defendant Moita Direct (Moore, Stevenson) |
| Filing 23 NOTICE by Qinfeng Yu of Filing Amended Schedule A (Attachments: #1 Exhibit Schedule A)(Moore, Stevenson) |
| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #21 , which seeks to voluntarily dismiss defendant ONEST Studio under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant ONEST Studio from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 3/11/2022 identifying the remaining defendants. ONEST Studio terminated. (rao, ) |
| Filing 21 NOTICE of Voluntary Dismissal by Qinfeng Yu of Defendant ONEST Studio (Moore, Stevenson) |
| NEW PARTIES: FREEFA, ASIEURO US, ANGUS-US, FRGFRG, RiY, tianyulabao, Run Duck, Dongguan Well Known E-Commerce Co., Ltd., shanxishuohualedianzishangwuyouxiangongsi, hongbangdoufupu, koytooy, Zerrone, leihai, daminjinxiu, changch unshilifushangm aoyouxiangongsiusm, INKERLEE, Yongte, USABLE, DITTOPSS, AERZETIX DIRECT, leinx us, Noelwose, nailiang, Linmu, jinhuaxiaod, CX-WILL, YMUAN Direct, JOE JOE US, Kinedil, US--Sunrise, VDKIDKT, Cacioa, Chang-Jia, ONEST Studio, Jun-Lian, Mutouzi, USA Trend ha, Startoo, ATESSON, AsHome, Amapaw Direct, AemoToy, Chaoran, WankaiGo, Hiyong-US, nanchneggu, Di Ao, Sunfait, yealexy, Nobility Shop, Youmate and MingTine added to case caption. (Moore, Stevenson) |
Filing 20
ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 3/2/2022. Mailed notice (jn, )
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| Filing 19 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/2/2022: (rao, ) |
| Filing 18 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction #14 . A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction #14 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 17 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order #13 to 3/2/2022 #16 is granted for the same reasons a Temporary Restraining Order was appropriate. (rao, ) Modified on 2/18/2022 (rao, ). |
| Filing 16 MOTION by Plaintiff QINFENG YU for two-week extension of Temporary Restraining Order (Attachments: #1 Memorandum in Support, #2 Exhibit A)(Moore, Stevenson) |
| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #14 under advisement and will consider the motion unopposed if no defendant appears and objects by 2/24/2022. Plaintiff shall serve all defendants with this notice. (rao, ) |
| Filing 14 MOTION by Plaintiff QINFENG YU for preliminary injunction (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit A-1, Part 1, #4 Exhibit A-1, Part 2, #5 Exhibit A-3, Part 3, #6 Exhibit B)(Moore, Stevenson) |
| SUMMONS Issued as to Defendant THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A" (ey, ) |
| BOND in the amount of $5,000.00 cashier's check posted by QINFENG YU (dxb, ) |
| Filing 13 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/2/2022: (rao, ) Modified on 3/4/2022 (jn, ). |
| Filing 12 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motion and supporting memoranda #7 and the temporary restraining order, Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and alternative service #7 is granted. Plaintiff's motions to seal #5 , #8 are also 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 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 of Plaintiff's design patent and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest "because infringement interferes with the property rights inherent in Plaintiff's patent, including Plaintiff's right to control its design. Those rights cannot be fully compensated by money damages. The harm to Plaintiff's patent rights may be more compensable through damages than in other similar trademark cases brought by counsel. Patent protection is not intended to address public perception of the source of goods; consumer confusion is a less weighty concern here. Nevertheless, there is some irreparable harm and there is no countervailing harm to defendants from an order directing them to stop infringement." Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 1:20-cv-05972 (N.D. Ill. May 22, 2020) (Docket No. 33). 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 (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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 appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court five thousand dollars ($5,000.00), either cash or surety bond, as security. (rao, ) |
| Filing 11 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion #7 . Before the court rules on the motion, Plaintiff is directed to review this court's procedures for Schedule A cases on the court's website (https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==). Plaintiff is directed to submit its proposed TRO order (along with a track changes version comparing plaintiff's proposed order to the court's template) to the court's proposed orders inbox following the procedures on the website by 2/1/2022. (rao, ) |
| Filing 10 MAILED Patent report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff QINFENG YU by Steven G Kalberg (Kalberg, Steven) |
| Filing 8 MOTION by Plaintiff QINFENG YU to seal document SEALED MOTION by Plaintiff QINFENG YU #7 (Moore, Stevenson) |
| Filing 7 PLAINTIFF'S EX PARTE MOTION for entry of a sealed temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and for alternative service by Plaintiff QINFENG YU (Attachments: #1 Memorandum in Support, #2 Declaration Qinfeng Yu, #3 Exhibit A-1, Part 1, #4 Exhibit A-1, Part 2, #5 Exhibit A-3, Part 3)(Moore, Stevenson) Modified on 3/4/2022 (jn, ). |
| Filing 6 ATTORNEY Appearance for Plaintiff QINFENG YU by Stevenson Moore (Moore, Stevenson) |
| 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. (ak, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (ak, ) |
| Filing 5 MOTION by Plaintiff QINFENG YU to seal document sealed document #4 (Attachments: #1 Text of Proposed Order)(Bennett, David) |
| Filing 4 EXHIBIT LIST by Plaintiff QINFENG YU re Complaint (Attachments: #1 Exhibit Schedule A, #2 Exhibit 1-1, #3 Exhibit 1-2, #4 Exhibit 1-3, #5 Exhibit 2)(Bennett, David) Modified on 3/4/2022 (jn, ). |
| Filing 3 ATTORNEY Appearance for Plaintiff QINFENG YU by David Randolph Bennett (Bennett, David) |
| Filing 2 CIVIL Cover Sheet (Bennett, David) |
| Filing 1 COMPLAINT for Patent Infringement filed by QINFENG YU; Jury Demand. Filing fee $ 402, receipt number 0752-19061954. (Attachments: #1 Exhibit List, #2 Exhibit Schedule A, #3 Exhibit 1, #4 Exhibit 2)(Bennett, David) |
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