Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. v. The Partnerships and Unincorporated Associations dentified on Schedule A
| Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. |
| THE PARTNERSHIPS and UNIN-CORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A", The Partnerships and Unincorporated Associations dentified on Schedule A, LANXI LLC, SYX LLC, FERSWE, Pink Vine, Sixteen Store, Shenzhen Senbel Electronics Co., LTD, X-RAN, TSEXIEFOOFU Direct, shenzhenhuangtianye, Ningbo Xihetang electronic Commerce Co., LTD, Bomutovy, Fulande Co. Ltd, Enhe, Dowell Network, BOOKANDBEYOND, Meilixing Co. Ltd., Jinan Nanju Network Technology Co., LTD, amleso, Shanghai Yanke Network Technology Co., LTD, Tnarru, Freaki, WILLED, SupergoodNo1, MICROPION, PIPETPET DOLVIE, NOGIS USA INC, Landriver, Shenzhen Xinghengchen e-commerce Co., LTD, Chloenoel, foshanshikalidamaoyi, Fantastic Trailway Inc, Donepart CO., LTD, Ailytec Inc, kangtai keji, guangzhouchanghuagongyinglianyouxiangongsi, Clone Inc, Xuanhong TechnologyFulfilled by Walmart, Mingshun Tech, InterestingToys, Bcamelys, Baosity, Fitniz Fury Inc, Baohuochuanmei, Toy bar LLC, Novel Ball Inc, zhandou, Local Bench Inc, kesoto, XILONG, Best American Choice, GREAT E-WORLD TRADING LIMITED, Milorg Entertainment Inc, KJRIVER-STORE, Qimai Tech, Creator Trade Inc, ChYoung Sports., Hi-Kater Co. ltd, Finduq, YOHOME PRODUCTS, MDLLCO.,LTD, Daqinli Electronic Commerce Co., Ltd., Cool BUY, Guangzhou Bayoman clothing Co., LTD, Fun Customs, Mengzhilian, ABUYAMOY, Queenti, Canze and APODESS |
| 1:2023cv16234 |
| November 27, 2023 |
| US District Court for the Northern District of Illinois |
| Beth W Jantz |
| Franklin U Valderrama |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Defendant |
Docket Report
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| Filing 49 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Bi, Depeng) |
| Filing 48 MINUTE entry before the Honorable Beth W. Jantz: This case has been referred to Judge Jantz for discovery supervision and to issue a report and recommendation on Defendants' Motion to Vacate Order re: Expedited Discovery #39 . The Court sets the following briefing schedule on that motion: Plaintiffs' brief in opposition is due by 2/6/24 (and must include legal authority for its position if it continues to oppose the motion); Defendants' reply brief is due by 2/20/24. The Court will rule by mail. No further dates set at this time. Mailed notice. (as, ) |
| Filing 47 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Plaintiff's motion to dismiss Counterclaims III and IV filed by Defendants No. 9 LANXI LLC store ("LANXI") and No. 67 SYX LLC store's ("SYX") #40 : Defendants' response due on or before 2/7/2024; Plaintiff's reply due on or before 2/22/2024. Emailed notice (axc). |
| Filing 46 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Beth W. Jantz for the purpose of holding proceedings related to: discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters. (axc) Emailed notice. |
| Filing 45 MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to N.D. Ill. Local Rule 72.1 and IOP 14, the Court refers Defendants No. 9 LANXI LLC store ("LANXI") and No. 67 SYX LLC store's ("SYX") motion to modify the preliminary injunction and/or dissolve expedited discovery #39 (the Motion to Modify) to Magistrate Judge Jantz for the purposes of setting a schedule, conducting necessary proceedings, and issuing a Report and Recommendation on the Motion to Modify. The Court also refers discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters to Magistrate Judge Jantz. Emailed notice (axc). |
| Filing 44 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Bi, Depeng) |
| Filing 43 AMENDED First Amended Schedule A as a separate entry on the docket (Bi, Depeng) |
| Filing 42 ANSWER to counterclaim by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.(Sherinian, Konrad) |
| Filing 41 DECLARATION of Depeng Bi regarding Motion to Dismiss for Failure to State a Claim #40 (Sherinian, Konrad) |
| Filing 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendant Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Attachments: #1 Exhibit Exh 1 - Defendants' Products)(Sherinian, Konrad) |
| Filing 39 MOTION by Defendants LANXI LLC, SYX LLC to vacate order #30 re expedited discovery (Attachments: #1 Exhibit PLAINTIFF'S FIRST SET OF EXPEDITED REQUESTS, #2 Exhibit meet and confer, #3 Exhibit Gross Merchandise Value)(Pan, Dandan) |
| Filing 38 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Bi, Depeng) |
| Filing 37 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SYX LLC (Pan, Dandan) |
| Filing 36 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by LANXI LLC (Pan, Dandan) |
| Filing 35 ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by LANXI LLC, SYX LLC against All Plaintiffs . by LANXI LLC, SYX LLC (Attachments: #1 Exhibit Zhou declaration, #2 Exhibit Response in case No:1:23CV08005, #3 Exhibit Request for Certificate, #4 Exhibit Denial of United States Patent and Trademark Office, #5 Exhibit request for Certificate of Correction)(Pan, Dandan) |
| Filing 34 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 33 AGREED ASSET RESTRAINT ORDER AS TO DEFENDANTS NO. 9 AND NO. 67: Signed by the Honorable Franklin U. Valderrama on 12/28/2023. Emailed notice (axc). |
| Filing 32 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants the joint motion filed by Plaintiff and Defendants No. 9 LANXI LLC and No. 67 SYX LLC store #31 and modifies the preliminary injunction order #30 as to Defendants No. 9 LANXI LLC and No. 67 SYX LLC store only, as described in the accompanying Order. Enter Order. Emailed notice (axc). |
| Filing 31 STIPULATION regarding order #30 (Pan, Dandan) |
| Filing 30 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 12/22/2023. Emailed notice (axc). |
| Filing 29 MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction #26 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint #4 ; (2) Exhibit 2 to the Declaration of Yulin Zhou #12 ; and (3) the TRO #16 . Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Emailed notice (Attachments: #1 Add and Terminate Party) (axc). |
| NEW PARTIES: FERSWE, Pink Vine, Sixteen Store, Shenzhen Senbel Electronics Co., LTD, X-RAN, TSEXIEFOOFU Direct, shenzhenhuangtianye, Ningbo Xihetang electronic Commerce Co., LTD, Bomutovy, Fulande Co. Ltd, Enhe, Dowell Network, BOOKANDBEYOND, Meilixing Co. Ltd., Jinan Nanju Network Technology Co., LTD, amleso, Shanghai Yanke Network Technology Co., LTD, Tnarru, Freaki, WILLED, SupergoodNo1, MICROPION, PIPETPET DOLVIE, NOGIS USA INC, Landriver, Jinan Nanju Network Technology Co., LTD, Shenzhen Xinghengchen e-commerce Co., LTD, Chloenoel and foshanshikalidamaoyi added to case caption. (Sherinian, Konrad) |
| NEW PARTIES: Fantastic Trailway Inc, Donepart CO., LTD, Ailytec Inc, kangtai keji, guangzhouchanghuagongyinglianyouxiangongsi, Clone Inc, Xuanhong TechnologyFulfilled by Walmart, Mingshun Tech, InterestingToys, Bcamelys, Baosity, Fitniz Fury Inc, Baohuochuanmei, Toy bar LLC, Novel Ball Inc, zhandou, Local Bench Inc, kesoto, XILONG, Best American Choice, GREAT E-WORLD TRADING LIMITED, Milorg Entertainment Inc, KJRIVER-STORE, Qimai Tech, Creator Trade Inc, ChYoung Sports., Hi-Kater Co. ltd, Finduq, YOHOME PRODUCTS, MDLLCO.,LTD, Daqinli Electronic Commerce Co., Ltd., Cool BUY, Guangzhou Bayoman clothing Co., LTD, Shenzhen Xinghengchen e-commerce Co., LTD, Fun Customs, Mengzhilian, Shanghai Yanke Network Technology Co., LTD, ABUYAMOY, Queenti, Canze, APODESS and Shenzhen Senbel Electronics Co., LTD added to case caption. (Sherinian, Konrad) |
| Filing 28 DECLARATION of Konrad Sherinian regarding motion for preliminary injunction #26 (Attachments: #1 Exhibit Binder of Unreported Decisions)(Sherinian, Konrad) |
| Filing 27 MEMORANDUM by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. in support of motion for preliminary injunction #26 (Sherinian, Konrad) |
| Filing 26 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for preliminary injunction (Sherinian, Konrad) |
| Filing 25 SUMMONS Returned Executed by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. as to LANXI LLC on 12/15/2023, answer due 1/5/2024; SYX LLC on 12/15/2023, answer due 1/5/2024; THE PARTNERSHIPS and UNIN-CORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A" on 12/15/2023, answer due 1/5/2024. (Attachments: #1 Declaration Declaration of Service)(Sherinian, Konrad) |
| Filing 24 ATTORNEY Appearance for Defendants LANXI LLC, SYX LLC by Dandan Pan (Pan, Dandan) |
| Filing 23 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. First Amended Scheduled A (Sherinian, Konrad) |
| Filing 22 ATTORNEY Appearance for Defendants LANXI LLC, SYX LLC by Tao Liu (Liu, Tao) |
| Filing 21 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.'s motion to substitute party #20 . The original Joybuy Marketplace defendants identified in Plaintiff's motion are replaced with the True Joybuy Defendants identified in Plaintiff's motion. The Court directs Plaintiff to file an amended schedule A on the docket including the True Joybuy Defendants. The amended schedule A may be filed under seal. The temporary restraining order #16 applies to the True Joybuy Defendants. Emailed notice (axc). |
| Filing 20 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. to substitute party (Sherinian, Konrad) |
| Filing 19 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's Motion to Extend the Temporary Restraining Order #18 . The Temporary Restraining Order #16 shall now expire on 1/1/2024 at 6:00 p.m. Emailed notice (axc). |
| Filing 18 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for extension of time extend TRO until 1/1/2024 (Sherinian, Konrad) |
| Filing 17 SURETY BOND in the amount of $ 10,000.00 posted by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Document not imaged) (td, ) |
| Filing 16 SEALED TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 11/30/2023. Emailed notice (axc). |
| Filing 15 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's corrected ex parte motion for a temporary restraining order #8 , motion to seal Schedule A to the Complaint and Exhibit 2 to the Declaration of Yulin Zhou #13 , and the motion for leave to exceed the page limit #14 . The Court terminates the motion for temporary restraining order #7 as moot. Provided that Plaintiff provides the security described in paragraph 9 of the temporary restraining order, the temporary restraining order shall become effective on 12/4/2023 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Emailed notice (axc). |
| Filing 14 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for leave to file exceed page limit (Sherinian, Konrad) |
| Filing 13 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. to seal Schedule A to Complaint and Exhibit 2 to Declaration of Yulin Zhou (Sherinian, Konrad) |
| Filing 12 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Exh 2 to Dec Yulin Zhou (Sherinian, Konrad) |
| Filing 11 DECLARATION of Yulin Zhou regarding motion for temporary restraining order #8 (Attachments: #1 Exhibit Exh. 1 - US Pat D980,990)(Sherinian, Konrad) |
| Filing 10 DECLARATION of Konrad Sherinian regarding motion for temporary restraining order #8 (Attachments: #1 Exhibit Exh 1 - Intellectual Property Rights Seizure Statistics, #2 Exhibit Exh. 2 - Hague Convention, #3 Exhibit Exh. 3 - Civil Procedure Law of the People's Republic of China, #4 Exhibit Exh. 4 - Binder of Unreported Cases)(Sherinian, Konrad) |
| Filing 9 MEMORANDUM motion for temporary restraining order #8 by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Sherinian, Konrad) |
| Filing 8 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for temporary restraining order CORRECTED (Sherinian, Konrad) |
| Filing 7 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for temporary restraining order (Sherinian, Konrad) |
| Filing 6 CIVIL Cover Sheet (Sherinian, Konrad) |
| Filing 5 ATTORNEY Appearance for Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. by Konrad Val Sherinian (Sherinian, Konrad) |
| Filing 4 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Sealed Schedule A to Complaint (Sherinian, Konrad) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Sherinian, Konrad) |
| Filing 2 COMPLAINT filed by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.; Filing fee $ 402, receipt number AILNDC-21362698. (Attachments: #1 Exhibit Exh. 1 - An Infringing Product Listing, #2 Exhibit Exh. 2 - U.S. Pat. No. D980,990, #3 Exhibit Exh. 3 - Intellectual Property Rights Seizure Statistics, #4 Exhibit Exh. 4 - Alibaba, Amazon, and Counterfeiting in the Age of the Internet, #5 Exhibit Exh. 5 - Combating Trafficking in Counterfeit and Pirated Goods, #6 Exhibit Exh. 6 - U.S. PTO Office Communication)(Sherinian, Konrad) |
| Filing 1 ATTORNEY Appearance for Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. by Depeng Bi (Bi, Depeng) |
| 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 Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category One). (lw, ) |
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