Zhejiang Sairen Trading Co., Ltd. v. INDIVIDUALS, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS ON SCHEDULE "A"
| ABC Corporation and Zhejiang Sairen Trading Co., Ltd |
| INDIVIDUALS, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS ON SCHEDULE "A" |
| 1:2022cv00772 |
| February 11, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Patent |
| 35 U.S.C. ยง 145 Patent Infringement |
| Both |
Docket Report
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| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #12 to seal filing is granted provisionally. The Court will again review the propriety of sealing when evaluating the underlying motion. The tracking status hearing of 04/08/2022 is reset to 05/13/2022 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 12 MOTION by Plaintiff Zhejiang Sairen Trading Co., Ltd to seal document sealed document #11 (Karamanis, James) |
| Filing 11 SEALED DOCUMENT by Plaintiff Zhejiang Sairen Trading Co., Ltd Supplemental Memorandum Regarding Ornamental Design (Karamanis, James) |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang: The extension motion #7 to file the Amended Complaint is granted, and the amended pleading (which has been filed) is accepted. The Clerk's Office shall edit the Case Short Title so that the named Plaintiff is Zhejiang Sairen Trading Co., Ltd. Emailed notice (mw, ) |
| Filing 9 SEALED DOCUMENT by Plaintiff Zhejiang Sairen Trading Co., Ltd Revised Schedule A (Karamanis, James) |
| Filing 8 AMENDED complaint by ABC Corporation against All Defendants (Karamanis, James) |
| NEW PARTIES: Zhejiang Sairen Trading Co., Ltd added to case caption. Terminating ABC Corporation (Karamanis, James) |
| Filing 7 MOTION by Plaintiff ABC Corporation for extension of time to file Amended Complaint (Karamanis, James) |
| Filing 6 MINUTE entry before the Honorable Edmond E. Chang: On review of the for-now sealed amended complaint, R. 2, and the motion #3 to file under seal and under a pseudonym, the Court addresses three issues. (1.) With regard to proceeding under a pseudonym, the motion 3 to proceed under a pseudonym is denied without prejudice for the reasons explained in XYZ Corp. v. Schedule A, Case No. 1:21-cv-06471, 2022 WL 180151, at *2-3 (N.D. Ill. Jan. 20, 2022). Absent a more concrete and detailed showing of exceptional circumstances, there is no reason to think that the particular Plaintiff in this case (and the particular design patent in this case) would suffer the consequences that the motion offers. The motion to file Schedule A under seal is granted, however, given the goal of asset restraint. The Plaintiff shall file the Amended Complaint without the pseudonym by 03/15/2022, and may file Schedule A under seal. (2.) But the Court raises the propriety of joinder of the 154 Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 03/17/2022. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo specifically explaining why joinder of those defendants is proper. (3.) After the Plaintiff limits the number of Defendants to one or to a properly joined subset, then the Plaintiff shall file a supplemental memorandum to the TRO motion that specifically explains why there is a strong likelihood of success as to the particular Defendant (or Defendants), specifically addressing what protectable **ornamental** design features is the basis for the allegations of infringement, as distinct from utility features. The deadline for the supplemental memorandum is 03/24/2022. To track the case only (no appearance is required), a status hearing is set for 04/08/2022 at 8:30 a.m. Emailed notice (mw, ) |
| Filing 5 SEALED MOTION by Plaintiff ABC Corporation for Alternative Service (Attachments: #1 Supplement Memorandum in Support of Motion for Alternative Service, #2 Declaration of James A. Karamanis, #3 Exhibit A-1, #4 Exhibit A-2, #5 Exhibit A-3)(Karamanis, James) |
| Filing 4 SEALED MOTION by Plaintiff ABC Corporation for Ex Party Temporary Restraining Order (Attachments: #1 Supplement Memorandum in Support of Motion for TRO, #2 Exhibit Exhibit A, #3 Exhibit A-1, #4 Exhibit A-2, #5 Exhibit A-5, #6 Exhibit Exhibit B Declaration of James Karamanis, #7 Exhibit B-1, #8 Exhibit B-2, #9 Exhibit B-3)(Karamanis, James) |
| Filing 3 MOTION by Plaintiff ABC Corporation to seal document sealed document #2 Amended Complaint and Exhibits (Karamanis, James) |
| Filing 2 SEALED DOCUMENT by Plaintiff ABC Corporation Amended Complaint (Attachments: #1 Exhibit, #2 Exhibit Schedule A)(Karamanis, James) |
| Filing 1 COMPLAINT filed by ABC Corporation; Jury Demand. Filing fee $ 402, receipt number 0752-19149428. (Attachments: #1 Civil Cover Sheet)(Karamanis, James) |
| 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. (lw, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (lw, ) |
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| Plaintiff: ABC Corporation | |
| Represented By: | James A. Karamanis |
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| Plaintiff: Zhejiang Sairen Trading Co., Ltd | |
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| Defendant: INDIVIDUALS, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS ON SCHEDULE "A" | |
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