Gulan v The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint
Liao Gulan and Gulan Liao |
THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT, Aisite-US, BIXKO TECHNIAL SERVICES, jigedetoutiao, LADY BOOST, Nagar-US, Purple East, wangShop, Zeseng Store, B RUN, MuLucky, Niuluze, RamGy ALL, SANGRC, The source of the Hezi small, Tianlong toys, Trend Tech, Airdora, SZjinshenghong Toys & Games, Minaduo Toys & Games, ZhuangYu General, LSjueli Tools & Home Improvement, TANSAR, STWNXWJ Toys & Games, Jingmao Toys & Games, Huipaiwu, Joelion Technology Co., Ltd., KUNMINGLITINGXIANGDIANZISHANGWUYOUXIANGONGSI, Nangong Pingrong Clothing Co., Ltd, NB, SRM LINK, Swarz, BT-Baby Products Store, FUJFGH Yatstar Store, Haifeng Online Store, Hairun Global Store, Home Credi Store, Hywio 508 Store, Original Anime Plush Store, Pankeda Toy Store, Quality rice Store, Shop1102420426 Store, Shop1102441546 Store, Shop1102913686 Store, Shop1102914269 Store, Shop910320290 Store, STEM Educational Toys Store, Toys Walk Around Store, YouZi Infant Clothes Store, Yue Yueying Store, Yuhaohui Store, Changsha Monkey Toys Co., Ltd., Henan Chengshan Network Technology Co., Ltd., Jinhua Heyuan Technology Co., Ltd., Linyi Yiqi International Trade Co., Ltd., Nanchang Monse Import And Export Company Limited, Nanjing Zestful International Trade Co., Ltd., Ningbo Thunder Break International Trade Co., Ltd., Shantou Chenghai District Haitong Zhiqu Toy Store, Shenzhen Aisuosi Innovation Technology Co., Ltd., Shenzhen Baida Yite Trade Co., Ltd., Shenzhen Diledo Technology Co., Ltd., Shenzhen Merrycoo Industrial Co., Ltd., Shenzhen Pangniu Technology Limited, Shenzhen Youfang Industry Co., Ltd., Xi'an Golden Spider E-Commerce Co., Ltd., Yiwu Shanrun Toy Co., Ltd., Yiwu Yelu E-commerce Co., ltd, Yuyao Aggpo Electronic Technology Co., Ltd., aifulin-y, Automotive envoy, lingofoto, mus_437683, reading119, repair2023, rlchargerzi, rnu-ultimate-store, yenseller2012, tkfyp.com, fyptoys.shop and ksasmile.com |
1:2023cv15435 |
October 30, 2023 |
U.S. District Court for the Northern District of Illinois |
John J Tharp |
Patent |
15 U.S.C. § 1126 Patent Infringement |
Defendant |
Docket Report
This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 57 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 12/28/2023: Mailed notice. (tg, ) |
Filing 56 NOTICE of Voluntary Dismissal by Gulan Liao DOE 29 (Mu, Shengmao) |
Filing 55 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal #53 #54 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 10, 12, and 24 are dismissed from this case. Mailed notice (air, ) |
Filing 54 NOTICE of Voluntary Dismissal by Gulan Liao DOE 10, and 24 (Mu, Shengmao) |
Filing 53 NOTICE of Voluntary Dismissal by Gulan Liao DOE 12 (Mu, Shengmao) |
NEW PARTIES: Minaduo Toys & Games, ZhuangYu General, LSjueli Tools & Home Improvement, TANSAR, STWNXWJ Toys & Games, Jingmao Toys & Games, Huipaiwu, Joelion Technology Co., Ltd., KUNMINGLITINGXIANGDIANZISHANGWUYOUXIANGONGSI, Nangong Pingrong Clothing Co., Ltd, NB, SRM LINK, Swarz, BT-Baby Products Store, FUJFGH Yatstar Store, Haifeng Online Store, Hairun Global Store, Home Credi Store, Hywio 508 Store, Original Anime Plush Store, Pankeda Toy Store, Quality rice Store, Shop1102420426 Store, Shop1102441546 Store, Shop1102913686 Store, Shop1102914269 Store, Shop910320290 Store, STEM Educational Toys Store, Toys Walk Around Store, YouZi Infant Clothes Store, Yue Yueying Store, Yuhaohui Store, Changsha Monkey Toys Co., Ltd., Henan Chengshan Network Technology Co., Ltd., Jinhua Heyuan Technology Co., Ltd., Linyi Yiqi International Trade Co., Ltd., Nanchang Monse Import And Export Company Limited, Nanjing Zestful International Trade Co., Ltd., Ningbo Thunder Break International Trade Co., Ltd., Shantou Chenghai District Haitong Zhiqu Toy Store, Shenzhen Aisuosi Innovation Technology Co., Ltd., Shenzhen Baida Yite Trade Co., Ltd., Shenzhen Diledo Technology Co., Ltd., Shenzhen Merrycoo Industrial Co., Ltd., Shenzhen Pangniu Technology Limited, Shenzhen Youfang Industry Co., Ltd., Xi'an Golden Spider E-Commerce Co., Ltd., Yiwu Shanrun Toy Co., Ltd., Yiwu Yelu E-commerce Co., ltd, Yuyao Aggpo Electronic Technology Co., Ltd., aifulin-y, Automotive envoy, lingofoto, mus_437683, reading119, repair2023, rlchargerzi, rnu-ultimate-store, yenseller2012, tkfyp.com, fyptoys.shop and ksasmile.com added to case caption. (Mu, Shengmao) |
NEW PARTIES: Aisite-US, BIXKO TECHNIAL SERVICES, jigedetoutiao, LADY BOOST, Nagar-US, Purple East, wangShop, Zeseng Store, B RUN, MuLucky, Niuluze, RamGy ALL, SANGRC, The source of the Hezi small, Tianlong toys, Trend Tech, Airdora and SZjinshenghong Toys & Games added to case caption. Terminating THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT (Mu, Shengmao) |
Filing 52 PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 12/18/2023. Mailed notice(air, ) |
Filing 51 MINUTE entryOn the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction #42 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 12/28/23 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4 Mailed notice (air, ) |
Filing 50 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #49 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 15 is dismissed from this case. Mailed notice (air, ) |
Filing 49 NOTICE of Voluntary Dismissal by Gulan Liao DOE 15 (Mu, Shengmao) |
Filing 48 AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for preliminary injunction #42 (Mu, Shengmao) |
Filing 47 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction #42 is taken under advisement. Any objection or response is due before 12/18/23. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before December 18, 2023. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice (air, ) |
Filing 46 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #41 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 21 is dismissed from this case. Mailed notice (air, ) |
Filing 45 AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for preliminary injunction #42 (Mu, Shengmao) |
Filing 44 SUMMONS Returned Executed by Gulan Liao as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT on 12/12/2023, answer due 1/2/2024. (Mu, Shengmao) |
Filing 43 MEMORANDUM motion for preliminary injunction #42 by Gulan Liao (Mu, Shengmao) |
Filing 42 MOTION by Plaintiff Gulan Liao for preliminary injunction (Mu, Shengmao) |
Filing 41 NOTICE of Voluntary Dismissal by Gulan Liao DOE 21 (Mu, Shengmao) |
Filing 40 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #39 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 17 is dismissed from this case. Mailed notice (air, ) |
Filing 39 NOTICE of Voluntary Dismissal by Gulan Liao DOE 17 (Mu, Shengmao) |
Filing 38 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #37 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 73 and 74 are dismissed from this case. Mailed notice (air, ) |
Filing 37 NOTICE of Voluntary Dismissal by Gulan Liao DOE 73 and 74 (Mu, Shengmao) |
Filing 36 EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 11/29/2023. Mailed notice(air, ) |
Filing 35 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order #32 is granted. Enter order. Mailed notice (air, ) |
Filing 33 MEMORANDUM extension of time #32 by Gulan Liao (Attachments: #1 Declaration Mu)(Mu, Shengmao) |
Filing 32 MOTION by Plaintiff Gulan Liao for extension of time (Mu, Shengmao) |
Filing 34 SURETY BOND in the amount of $ 80,000.00 posted by Gulan Liao (Document not scanned). (jg, ) |
SUMMONS Issued as to Defendant THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT (jxm, ) |
Filing 31 SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 11/20/2023. Mailed notice(air, ) |
Filing 30 MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's ex parte motion for TRO #17 is granted. Plaintiff's motions for leave to file under seal #3 #13 and for electronic service of process #8 #19 are granted. Enter temporary restraining order. Mailed notice (air, ) |
Filing 29 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for leave to file amended schedule A and amended Exhibit 2-1 through 2-5 #22 is granted, and the obligation in the show cause order #21 is discharged. Mailed notice (air, ) |
Filing 28 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 27 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 26 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 25 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 24 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 23 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 22 MOTION by Plaintiff Gulan Liao for leave to file Amended Schedule A and Amended Exhibit 2-1 through Exhibit 2-5 (Mu, Shengmao) |
Filing 21 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's renewed motion for TRO #17 is taken under advisement. The renewed exhibit 2 to the Liao Declaration contains screenshots of defendant online stores where the product image is of a different design than the plaintiff's design patent. For those defendants, the plaintiff directs the Court to "see customer review for actual product image." E.g., Doe 2, Exhibit 2-1 to Liao Decl., ECF No. 18-2, page 4 of 31. The screenshot shows an unverified image depicting a product that appears to resemble the plaintiff's patented design claim. The Court is unaware of any instance where a plaintiff has been granted injunctive relief, much less on an ex parte basis, based on unverified customer review images. The plaintiff is ordered to submit a supplemental brief addressing the propriety of enjoining a defendant design-patent based on product images submitted by customers rather than the product image on the storefront (or the actual product as delivered) by 12/4/23. Failure to comply may result in denial of the motion for TRO. Mailed notice (air, ) |
Filing 20 MEMORANDUM motion for service by publication #19 by Gulan Liao (Mu, Shengmao) |
Filing 19 MOTION by Plaintiff Gulan Liao for service by publication (Mu, Shengmao) |
Filing 18 SEALED DOCUMENT by Plaintiff Gulan Liao (Attachments: #1 Declaration Liao, #2 Exhibit 2-1, #3 Exhibit 2-2, #4 Exhibit 2-3, #5 Exhibit 2-4, #6 Exhibit 2-5)(Mu, Shengmao) |
Filing 17 SEALED MOTION by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 16 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 15 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 14 First AMENDED complaint by Gulan Liao against THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT (Mu, Shengmao) |
Filing 13 MOTION by Plaintiff Gulan Liao to seal (Mu, Shengmao) |
Filing 12 MINUTE entry before the Honorable John J. Tharp, Jr:The motion for TRO #11 is denied without prejudice. The plaintiff has failed to show plausible infringements of its copyright as to any of the defendants, as none of the allegedly infringing screenshots in Exhibit 3 [7-4] appear to use the copyrighted image in their commercial representations. Moreover, the plaintiff has asserted dubious infringement claims for the design patent, which appear to depict a different product than the one represented in the asserted copyrighted image, against multiple defendants. For instance, and without revealing the sealed information, Doe 14 (page 29 of Dkt. [7-4]) is a flatter sphere/oblate spheroid whereas the design patent claims a regular sphere. Does 17, page 35, and 18, page 37, and Does 83-84, page 319-21, use entirely different designs, including differently shaped outer structural frames (some are different styles of lattices than the claim of the design patent) or rings of lights that may also indicate the presence of design features not claimed by the design patent. For some, e.g., Doe 88, page 327, the screenshots do not even show what the product looks like. These examples are not exhaustive, merely representative. The plaintiff has leave to refile its motion and, if necessary, its schedule A, declaration, and/or exhibits, if it can remedy these issues and reduce its claims to good-faith, plausible infringements. Any renewed filing must also indicate which particular defendants, if any, the plaintiff is accusing of infringing the copyright, design patent, or both. Mailed notice (air, ) |
Filing 11 SEALED MOTION by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 10 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff has filed a memorandum in support of a motion for TRO under seal and submitted a proposed order on such a motion; however, the docket does not reflect that a motion for TRO has been filed. If the plaintiff seeks a form of relief, it must file a motion seeking such relief pursuant to Fed. R. Civ. P. 7(b). Mailed notice (air, ) |
Filing 9 MEMORANDUM by Gulan Liao in support of motion for service by publication #8 (Mu, Shengmao) |
Filing 8 MOTION by Plaintiff Gulan Liao for service by publication (Mu, Shengmao) |
Filing 7 SEALED DOCUMENT by Plaintiff Gulan Liao (Attachments: #1 Declaration Liao, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Mu, Shengmao) |
Filing 6 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 5 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 4 SEALED DOCUMENT by Plaintiff Gulan Liao (Mu, Shengmao) |
Filing 3 MOTION by Plaintiff Gulan Liao to seal (Mu, Shengmao) |
Filing 2 CIVIL Cover Sheet (Mu, Shengmao) |
Filing 1 COMPLAINT filed by Gulan Liao; Jury Demand. Filing fee $ 402, receipt number AILNDC-21274814.(Mu, Shengmao) |
CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1). (mcp, ) |
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. (mcp, ) |
NEW PARTIES: Gulan Liao added to case caption. Terminating Liao Gulan (Mu, Shengmao) |
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