Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay v. Zhang
| Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay |
| Sige Zhang |
| 1:2023cv16841 |
| December 15, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Patent |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| Plaintiff |
Docket Report
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| Filing 15 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 02/16/2024. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 14 SUMMONS Returned Executed by Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay as to Sige Zhang on 1/12/2024, answer due 2/2/2024. (Likens, Dustin) |
| SUMMONS Issued as to Defendant Sige Zhang (evw, ) |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to permit alternative service to be made upon defendant Sige Zhang #10 is granted. Court-directed methods of service of process pursuant to Fed. R. Civ. P. 4(f)(3) are "not a disfavored process and should not be considered extraordinary relief." Wright & Miller, 4B Fed. Prac. & Proc. Civ. 1134 (4th ed.). Service via email is not "prohibited by international agreement," and is therefore a permissible form of court-directed service. Fed. R. Civ. P. 4(f)(3); see also NBA Properties, Inc. v. Partnerships & Unincorporated Associations Identified in Schedule "A", 549 F. Supp. 3d 790, 797 (N.D. Ill. 2021). In this case, the plaintiff has provided evidence of its reasonable efforts to reach the defendant and effect service upon a physical address #12 . To avoid unnecessary delay, the plaintiff is permitted to make alternative electronic service of process upon defendant Sige Zhang via email using the email address provided by the defendant to Amazon. See Strabala v. Zhang, 318 F.R.D. 81, 114 (N.D. Ill. 2016) ("Court-directed service pursuant to Rule 4(f)(3) is appropriate when, for example, 'there is a need for speed that cannot be met by following the Hague Convention methods.'") (cleaned up). Mailed notice (air, ) |
| Filing 12 DECLARATION of Yizhou Liu regarding motion for miscellaneous relief #10 , memorandum in support of motion #11 (Attachments: #1 Exhibit A- Excerpts of Prosecution Hisotry of 868 patent, #2 Exhibit B- Proof of Delivery of 12.11.23 Letter, #3 Exhibit C- 12.20.23 Email from Likens toYIYUYAO, #4 Exhibit D- 12.27.23 Letter from Likens to Chew and Cheng, #5 Exhibit E- 12.29.23 Fax from Chew to Likens, #6 Exhibit F- Screen Capture of Patent Center 868 patent, #7 Exhibit G- Google Maps of Taiwanese Address, #8 Exhibit H- Google Maps of UPS Store Address, #9 Exhibit I- Google Maps of Globex Shipping Center Address, #10 Exhibit J- Google Maps of Chinese Address, #11 Exhibit L- Levi Strauss Order, #12 Exhibit M- MacNeil Order)(Liu, Yizhou) |
| Filing 11 MEMORANDUM by Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay in support of motion for miscellaneous relief #10 (Alternative Service Pursuant to Fed. R. Civ. Pro. 4(f)(3)) (Liu, Yizhou) |
| Filing 10 MOTION by Plaintiff Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay for Alternative Service Pursuant to Fed. R. Civ. P. 4(f)(3) (Liu, Yizhou) |
| Filing 9 ATTORNEY Appearance for Plaintiff Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay by Kyle Timothy Deighan (Deighan, Kyle) |
| Filing 8 ATTORNEY Appearance for Plaintiff Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay by Dustin David Likens (Likens, Dustin) |
| Filing 7 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 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay (Liu, Yizhou) |
| Filing 5 MAILED patent report to Patent Trademark Office, Alexandria VA. (daj, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay by Yizhou Liu (Liu, Yizhou) |
| Filing 3 Report on the Filing or Determination of an Action Regarding a Patent or Trademark by Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay (Liu, Yizhou) |
| Filing 2 CIVIL Cover Sheet (Liu, Yizhou) |
| Filing 1 COMPLAINT filed by Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay; Jury Demand. Filing fee $ 405, receipt number AILNDC-21429930. (Attachments: #1 Declaration of Yizhou Liu In Support of Complaint, #2 Exhibit A- US D957868, #3 Exhibit B- Amazon IP Complaint, Translation, and Declaration, #4 Exhibit C- Amazon IP Enforcement Rights, #5 Exhibit D- Letter Regarding Amazon Complaint to Defendant, #6 Exhibit E- 12.13.2023 Letter to Amazon, #7 Exhibit Chinese Design Patent No. CN306418465S)(Liu, Yizhou) |
| 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. (jcc, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 1). (jcc, ) |
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| Plaintiff: Shenzhen Taihe Technology Co., Ltd. d/b/a Rottay | |
| Represented By: | Yizhou Liu |
| Represented By: | Dustin David Likens |
| Represented By: | Kyle Timothy Deighan |
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| Defendant: Sige Zhang | |
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