Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Dyson Technology Limited |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Yongcell, power-tool-batteries, ANZOOM, ASUNCELL, Cerman-US, Chida Store, CS Cameron Sino Battery, EGR Digital, Epowon, GDLIFE, hailing shop, Hubei electronic, IASOBLI US, LJO-EEIH INC, LongLingBattery, Lordone-US, LordPower, mei zhenshop, Mikyo-US, NinsoneUS, RL Direct, SBY-SZ, SHIQ, simlewareUS, Sungotech, Swidan01, SZJS, tangavi, tejieying, XHS-BATTERY, XIangYuan, XIONG GE, XJK-US, YCDZ-US, yun yun shop, yunfeng shop, zgh123, ZHEAIUS, zhengyunUS, adapbat, akku-mall2016, borraymond, chocolate_chip_part, energy-up-2020, hsh-008, one_more_battery, premiumbattery2021 and smallgrocery002 |
| 1:2024cv00436 |
| January 17, 2024 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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| Filing 45 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants (Joseph, Justin) |
| Filing 44 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal #43 , the Court dismisses this case without prejudice as to the following Defendants under Rule 41(a): Chida Store 4; hailing shop 9; yunfeng shop 35; borraymond 41; and hsh-008 44. Absent reinstatement by 12/6/24, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. The Court strikes the 4/11/24 status hearing date and orders Plaintiff instead to file a status report by this date. Mailed notice (gel, ) |
| Filing 43 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants (Joseph, Justin) |
| Filing 42 ATTORNEY Appearance for Defendants ANZOOM, zhengyunUS by Zheng Liu (Liu, Zheng) |
| Filing 41 ATTORNEY Appearance for Defendants ANZOOM, zhengyunUS by Jingyi Guo (Guo, Jingyi) |
| Filing 40 ATTORNEY Appearance for Defendants ANZOOM, zhengyunUS by Zheng Liu (Liu, Zheng) |
| Filing 39 PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 2/27/2024. Mailed notice(gel, ) |
| Filing 38 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for preliminary injunction #29 . Plaintiff appeared but no Defendants appeared. As a preliminary matter, the Court finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged and established, via declaration, that, "even though Defendants operate under multiple fictitious aliases, 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. 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. Additionally, Infringing Products for sale 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." #16 15. Plaintiff has also alleged, and established via declaration, that Defendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products in the same transaction, occurrence, or series of transactions or occurrences." Id. 18. 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), and Plaintiff may proceed against the identified Defendants in this single action. Additionally, based upon the same findings made in this Court's TRO #23 , and in the absence of any appearance or objection from any Defendant, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction #29 . Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Status hearing set for 4/11/2024 at 11:00 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| NEW PARTIES: ANZOOM, ASUNCELL, Cerman-US, Chida Store, CS Cameron Sino Battery, EGR Digital, Epowon, GDLIFE, hailing shop, Hubei electronic, IASOBLI US, LJO-EEIH INC, LongLingBattery, Lordone-US, LordPower, mei zhenshop, Mikyo-US, NinsoneUS, RL Direct, SBY-SZ, SHIQ, simlewareUS, Sungotech, Swidan01, SZJS, tangavi, tejieying, XHS-BATTERY, XIangYuan, XIONG GE, XJK-US, YCDZ-US, yun yun shop, yunfeng shop, zgh123, ZHEAIUS, zhengyunUS, adapbat, akku-mall2016, borraymond, chocolate_chip_part, energy-up-2020, hsh-008, one_more_battery, premiumbattery2021 and smallgrocery002 added to case caption. (Gaudio, Justin) |
| Filing 37 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Marcella Deshonda Slay (Slay, Marcella) |
| Filing 36 MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal #35 , this case is dismissed without prejudice as to Defendants Yongcell (No. 33) and power-tool-batteries (No. 46). Absent reinstatement by 9/30/24, this dismissal shall automatically convert to a dismissal with prejudice. The Court also strikes the 2/28/24 motion hearing date and will take up Plaintiff's preliminary injunction motion #29 on 2/27/24. Mailed notice (gel, ) |
| Filing 35 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants (Joseph, Justin) |
| Filing 34 NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction #29 before Honorable John Robert Blakey on 2/27/2024 at 11:00 AM. (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 33 SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/15/2024, answer due 3/7/2024. (Attachments: #1 Declaration of Andrew D. Burnham, #2 Exhibit A)(Burnham, Andrew) |
| Filing 32 MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, the Court strikes the 2/21/24 Notice of Motion date and resets the hearing on Plaintiff's preliminary injunction motion #29 to 2/28/24 at 11:00 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 31 NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction #29 before Honorable John Robert Blakey on 2/21/2024 at 11:00 AM. (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 30 MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction #29 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 29 MOTION by Plaintiff Dyson Technology Limited for preliminary injunction (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 27 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion #24 to extend the temporary restraining order entered 1/30/24 #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 2/27/24. The 2/7/24 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 28 SURETY BOND in the amount of $ 10,000 posted by Dyson Technology Limited. (Document not Imaged) (jh, ) |
| Filing 26 NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time #24 before Honorable John Robert Blakey on 2/7/2024 at 11:00 AM. (Joseph, Justin) |
| Filing 25 MEMORANDUM by Dyson Technology Limited in support of extension of time #24 (Attachments: #1 Declaration of Justin T. Joseph)(Joseph, Justin) |
| Filing 24 MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order (Joseph, Justin) |
| Filing 23 TEMPORARY RESTRAINING ORDER Signed by the Honorable John Robert Blakey on 1/30/2024. Mailed notice(gel, ) Modified on 2/28/2024 (lm, ). |
| Filing 22 MINUTE entry before the Honorable John Robert Blakey: 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 and strikes the 1/31/24 Notice of Motion date. 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 2/13/24. Mailed notice (gel, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (ksr, ) |
| 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 1/31/2024 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 Dyson Technology Limited in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Parts 1-6 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5, #6 Exhibit 2-6)(Gaudio, Justin) Modified on 2/28/2024 (lm, ). |
| Filing 16 DECLARATION of Giles Samuel Lane 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 Dyson Technology Limited in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). (sxh, ) |
| 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. (sxh, ) |
| Filing 12 MAILED Patent report to Patent Trademark Office, Alexandria VA (jb, ) |
| Filing 11 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham (Burnham, Andrew) |
| Filing 10 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph (Joseph, Justin) |
| Filing 9 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain (Crain, Lawrence) |
| Filing 8 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio (Gaudio, Justin) |
| Filing 7 Notice of Claims Involving Patents by Dyson Technology Limited (Gaudio, Justin) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited (Gaudio, Justin) |
| Filing 5 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 4 MOTION by Plaintiff Dyson Technology Limited for leave to file under seal (Gaudio, Justin) |
| Filing 3 EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1-6 regarding complaint #1 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4, #5 Exhibit 1-5, #6 Exhibit 1-6)(Gaudio, Justin) Modified on 2/28/2024 (lm, ). |
| Filing 2 EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 2/28/2024 (lm, ). |
| Filing 1 COMPLAINT filed by Dyson Technology Limited; Filing fee $ 405, receipt number AILNDC-21532509. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Gaudio, Justin) |
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