Dispensing Technologies B.V. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Dispensing Technologies B.V. |
| The Partnerships and Unincorporated Associations Identified on Schedule A, HeetaDirect, AMOYOX, Arsino Direct, AYQWE, BEATURE USA, CHCHDD, DGYM, DKAF, EnWei, FF-01, FWLife, Gitechft, GZKX, GZXC, HighNumberworld, Hinsail, Jiayunkang, JINLU STORE, JOYHONG-USA, JUBAPRO, Juyuan Clothing, kinggamz, LDStars, LERPOLOR, ligou, Mabox-US, Mairuo, Mconvoy, OK seller, PetHap, Revelation2015, richenbaihuo, Rwotlls, Sapnio, SAPOSTA, SEERESS_USA, Sgxyrzmx, Shenzhen Censung International Trading Company, shyuzi, SINOAY, SONHAOFO-US, sujiakeji, SZSCL, triAqua, Twoto, Uceoo, Unplazure-, USurprise, VAWONSB, Vertigo us, Vruping, WANGDA BEAUTY, WLLIFE, WYOK Direct, Xaogogo, XIHUA, Xingpengyuanyi Shop, YAMYONE, YebeautyDirect, Yiyanmei-USA, YOCASII, Zafosin US, ZeroStage, zhye and zuotuan |
| 1:2022cv06094 |
| November 3, 2022 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Defendant |
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| Filing 39 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 38 NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendants (Christensen, Jake) |
| Filing 37 ANSWER to Complaint with Jury Demand by SINOAY(Xiao, Haipeng) |
| Filing 36 ANSWER to Complaint with Jury Demand by YAMYONE(Xiao, Haipeng) |
| Filing 35 ATTORNEY Appearance for Defendants SINOAY, YAMYONE by Haipeng Xiao (Xiao, Haipeng) |
| NEW PARTIES: AMOYOX, Arsino Direct, AYQWE, BEATURE USA, CHCHDD, DGYM, DKAF, EnWei, FF-01, FWLife, Gitechft, GZKX, GZXC, HeetaDirect, HighNumberworld, Hinsail, Jiayunkang, JINLU STORE, JOYHONG-USA, JUBAPRO, Juyuan Clothing, kinggamz, LDStars, LERPOLOR, ligou, Mabox-US, Mairuo, Mconvoy, OK seller, PetHap, Revelation2015, richenbaihuo, Rwotlls, Sapnio, SAPOSTA, SEERESS_USA, Sgxyrzmx, Shenzhen Censung International Trading Company, shyuzi, SINOAY, SONHAOFO-US, sujiakeji, SZSCL, triAqua, Twoto, Uceoo, Unplazure-, USurprise, VAWONSB, Vertigo us, Vruping, WANGDA BEAUTY, WLLIFE, WYOK Direct, Xaogogo, XIHUA, Xingpengyuanyi Shop, YAMYONE, YebeautyDirect, Yiyanmei-USA, YOCASII, Zafosin US, ZeroStage, zhye and zuotuan added to case caption. (Ziegler, Amy) |
| Filing 34 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 12/13/2022. Mailed notice. (jjr, ) |
| Filing 33 MINUTE entry before the Honorable Steven C. Seeger (Acting as Emergency Judge): Plaintiff's motion for entry of a preliminary injunction #30 is granted. Order to follow. Mailed notice. (jjr, ) |
| Filing 32 SUMMONS Returned Executed by Dispensing Technologies B.V. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/13/2022, answer due 1/3/2023. (Attachments: #1 Declaration of Jake M. Christensen, #2 Exhibit A)(Christensen, Jake) |
| Filing 31 DECLARATION of Jake M. Christensen regarding motion for preliminary injunction #30 (Attachments: #1 Exhibit 1)(Christensen, Jake) |
| Filing 30 MOTION by Plaintiff Dispensing Technologies B.V. for preliminary injunction (Attachments: #1 Exhibit A)(Christensen, Jake) |
| Filing 29 ATTORNEY Appearance for Defendant HeetaDirect by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 28 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion #24 to extend the temporary restraining order entered 11/18/22 #23 . The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 12/16/22. The 12/1/22 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 27 SURETY BOND in the amount of $ 10,000.00 posted by Dispensing Technologies B.V. (Document not scanned). (jn, ) |
| Filing 26 NOTICE of Motion by Jake Michael Christensen for presentment of extension of time #24 before Honorable John Robert Blakey on 12/1/2022 at 11:00 AM. (Christensen, Jake) |
| Filing 25 MEMORANDUM by Dispensing Technologies B.V. in support of extension of time #24 (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake) |
| Filing 24 MOTION by Plaintiff Dispensing Technologies B.V. for extension of time of Temporary Restraining Order (Christensen, Jake) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (smb, ) |
| Filing 23 SEALED ORDER Signed by the Honorable John Robert Blakey on 11/18/2022. Mailed notice(gel, ) |
| Filing 22 MINUTE entry before the Honorable John Robert Blakey: Plaintiff has sued sixty-five sellers alleging patent infringement, see #1 , #2 , and seeks a temporary restraining order to enjoin, inter alia, any further sales of unauthorized products. 35 U.S.C. 299 provides that "accused infringers may be joined in one action as defendants... only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action. Id. 299(a). The statute specifically provides that "accused infringers may not be joined in one action as defendants... based solely on allegations that they each have infringed the patent or patents in suit." Id. 299(b). Here, Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged and established, via declaration, that "the e-commerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use." #1 18. Plaintiff has also alleged and established that the e-commerce stores operating under the Seller Aliases "include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images," and that the products sold by the Seller Aliases "bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." Id. See also #16 14. For present purposes, this satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2). Additionally, based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal #4 and motion for electronic service of process #18 . The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order #13 . Enter sealed temporary restraining order. Absent further order, this TRO will expire on 12/2/22. The 11/22/22 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 21 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief #18 , motion for temporary restraining order #13 , motion for leave to file #4 before Honorable John Robert Blakey on 11/22/2022 at 11:00 AM. (Gaudio, Justin) |
| Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by Dispensing Technologies B.V. in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Dispensing Technologies B.V. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Dispensing Technologies B.V. Exhibit 2 - Parts 1-3 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3)(Gaudio, Justin) |
| Filing 16 DECLARATION of Femke Vos regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by Dispensing Technologies B.V. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Dispensing Technologies B.V. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 MAILED patent report to Patent Trademark Office, Alexandria VA (jn, ) |
| Filing 11 ATTORNEY Appearance for Plaintiff Dispensing Technologies B.V. by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 10 ATTORNEY Appearance for Plaintiff Dispensing Technologies B.V. by Jake Michael Christensen (Christensen, Jake) |
| Filing 9 ATTORNEY Appearance for Plaintiff Dispensing Technologies B.V. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 8 ATTORNEY Appearance for Plaintiff Dispensing Technologies B.V. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 7 Notice of Claims Involving Patents by Dispensing Technologies B.V. (Gaudio, Justin) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dispensing Technologies B.V. (Gaudio, Justin) |
| Filing 5 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 4 MOTION by Plaintiff Dispensing Technologies B.V. for leave to file under seal (Gaudio, Justin) |
| Filing 3 SEALED EXHIBIT by Plaintiff Dispensing Technologies B.V. Exhibit 1 - Parts 1-3 regarding complaint #1 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3)(Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Dispensing Technologies B.V. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Dispensing Technologies B.V. ; Filing fee $ 402, receipt number AILNDC-20011525. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey I Cummings. Case assignment: Random assignment. (jb, ) |
| 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. (jb, ) |
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