Guanyu (Shenzhen) Electronic Technology Co., Ltd. v. The Partnerships and Unincorporated Associations identified in Schedule A
| Guanyu (Shenzhen) Electronic Technology Co., Ltd. |
| The Partnerships and Unincorporated Associations identified in Schedule A, Yunnan Miguo Technology Co., Ltd., K-shine, Minepargoo, BoRuiShi, FFtopv, TOP 1 Store, Cshidworld, GPED, SUGIFT, TIMESS, MaxFox, Nejioon Store, Remalay, OBUYTENX, GuanghuaUS, FACBINY, Houflody, Voakod Direct, TENGLONGGUOJI, Einnen, NELSOTEK, CANUVU-Charger Store, EVIGAL Store, Jinglang Electronic, Lomus Products, Kamishops, affordableitemz and toronto_phone_accessories |
| 1:2023cv15735 |
| November 7, 2023 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 31 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, ) |
| NEW PARTIES: Nejioon Store, Remalay, OBUYTENX, GuanghuaUS, FACBINY, Houflody, Voakod Direct, TENGLONGGUOJI, Einnen, NELSOTEK, CANUVU-Charger Store, EVIGAL Store, Jinglang Electronic, Lomus Products, Kamishops, affordableitemz and toronto_phone_accessories added to case caption. (Jin, Tong) |
| Filing 30 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case #29 . Executed summons were returned and Defendants' responses to the complaint are due by 12/27/23. By 2/13/24, Plaintiff is ordered to file any motion for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice.. (cdh, ) |
| Filing 29 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 12/21/2023. Emailed notice. (cdh, ) Modified on 12/22/2023 (cdh, ). |
| Filing 28 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction #22 , which the Court now considers unopposed because no Defendant filed a notice of objection by the 12/20/23 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court on the record and in connection with entry of the TRO #15 , the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established #25 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that all remaining defendants listed on Schedule A #4 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Enter Preliminary Injunction Order. Emailed notice. (cdh, ) |
| Filing 27 NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant Nos. 3 YouYou Limited, 11 Sanli, 13 Venere Direct, and 24 ENTIWELL STORE (Jin, Tong) |
| Filing 26 NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant No. 31 aslovem (Jin, Tong) |
| Filing 25 CERTIFICATE of Service by Tong Jin on behalf of Guanyu (Shenzhen) Electronic Technology Co., Ltd. regarding order on motion for preliminary injunction,,,,,, set motion and R&R deadlines/hearings,,,,, #23 (Attachments: #1 Exhibit A)(Jin, Tong) |
| Filing 24 NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant No. 28 yqtcompany1 (Jin, Tong) |
| Filing 23 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction #22 is taken under advisement. A telephonic motion hearing is set for 12/21/23, at 9:45 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 12/20/23 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. Emailed notice. (cdh, ) |
| Filing 22 MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. for preliminary injunction (Attachments: #1 memorandum in support, #2 Exhibit 1, #3 Exhibit 2)(Jin, Tong) |
| Filing 21 SUMMONS Returned Executed by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to The Partnerships and Unincorporated Associations identified in Schedule A on 12/6/2023, answer due 12/27/2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jin, Tong) |
| Filing 19 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order #17 is granted. The TRO is extended to 12/18/23 for the reasons stated in the order granting the initial TRO #15 . Emailed notice. (cdh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations identified in Schedule A (khg, ) |
| Filing 18 NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant Nos. 27 hao16, 29 night0714, 32 deccat, 33 meich-8590, 35 sunlordgood, and 37 FDGAO (Jin, Tong) |
| Filing 20 REGISTRY Deposit Information Form by Guanyu (Shenzhen) Electronic Technology Co., Ltd. (axk, ) |
| BOND in the amount of $ 20,000 cashier's check, receipt no.4624293824, posted by Guanyu (Shenzhen) Electronic Technology Co., Ltd. (evw, ) |
| Filing 17 MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd.to Extend the Sealed TRO (Dkt. No. 15) (Attachments: #1 Exhibit A)(Jin, Tong) |
| Filing 16 NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendant No. 1 - NO. 1 DIY (Jin, Tong) |
| Filing 15 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 11/20/23. Emailed to Plaintiff's Counsel on 11/20/23. (cdh, ) |
| Filing 14 NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendants Nos. 2 ushapgo direct. 6 Mlfsaier, 9 BoRuiShi, 10 K-shine, and 15 JiaMingXin (Jin, Tong) |
| Filing 13 NOTICE of Voluntary Dismissal by Guanyu (Shenzhen) Electronic Technology Co., Ltd. as to Defendants Nos. 20 Mertsev, 36 Suonee, and 38 ELEGIANT (Jin, Tong) |
| Filing 12 ATTORNEY Appearance for Defendants Yunnan Miguo Technology Co., Ltd., K-shine, Minepargoo, BoRuiShi, FFtopv, TOP 1 Store, Cshidworld, GPED, SUGIFT, TIMESS, MaxFox by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 11 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motions to file documents under seal #6 #8 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order and other relief, including a temporary asset restraint, expedited discovery and service of process by email and electronic publication, #7 is granted as to all defendants identified on sealed Schedule A at Dkt. 4, except Defendant Nos. 20, 36, and 38 for whom the Court did not find corresponding screenshot evidence in the 1000 pages of sealed exhibits at Dkt. 5. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $20,000 bond is sufficient to secure the injunctive relief. By 11/22/23, Plaintiff is to submit a proposed temporary restraining order using the standard form in this District for Schedule A cases. Mailed notice (mjc, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. by Tong Jin (Jin, Tong) |
| Filing 9 ATTORNEY Appearance for Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. by Steven G Kalberg (Kalberg, Steven) |
| Filing 8 MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. to seal document SEALED MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. Plaintiff's Ex Parte Motion for Entry of a Sealed Temporary Restraining Order and Other Relief #7 (Bennett, David) |
| Filing 7 SEALED MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. Plaintiff's Ex Parte Motion for Entry of a Sealed Temporary Restraining Order and Other Relief (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Declaration, #3 Exhibit 1-A to Declaration)(Bennett, David) |
| Filing 6 MOTION by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. to seal document sealed document #4 , sealed document, #5 (Bennett, David) |
| Filing 5 SEALED DOCUMENT by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. Exhibits 1 (parts 1-5) and 2 (Attachments: #1 Exhibit 1 (part 1), #2 Exhibit 1 (part 2), #3 Exhibit 1 (part 3), #4 Exhibit 1 (part 4), #5 Exhibit 1 (part 5), #6 Exhibit 2)(Bennett, David) |
| Filing 4 SEALED DOCUMENT by Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. Schedule A (Bennett, David) |
| Filing 3 ATTORNEY Appearance for Plaintiff Guanyu (Shenzhen) Electronic Technology Co., Ltd. by David Randolph Bennett (Bennett, David) |
| Filing 2 CIVIL Cover Sheet (Bennett, David) |
| Filing 1 COMPLAINT filed by Guanyu (Shenzhen) Electronic Technology Co., Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21306488. (Attachments: #1 Exhibit List, #2 Exhibit Schedule A, #3 Exhibit 1, #4 Exhibit 2)(Bennett, David) |
| 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. (mek,) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1). (mek,) |
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