Patent One LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint
| Patent One LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint |
| 1:2024cv03340 |
| April 25, 2024 |
| U.S. District Court for the Northern District of Illinois |
| John F Kness |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 23 SURETY BOND in the amount of $ $10,000.00 posted by Patent One LLC (tg, ) |
| Filing 22 AFFIDAVIT by Plaintiff Patent One LLC in Support of MOTION by Plaintiff Patent One LLC for extension of time #20 (Mu, Shengmao) |
| Filing 21 MEMORANDUM extension of time #20 by Patent One LLC (Mu, Shengmao) |
| Filing 20 MOTION by Plaintiff Patent One LLC for extension of time (Mu, Shengmao) |
| Filing 19 ATTORNEY Appearance for Plaintiff Patent One LLC by Keaton David Smith (Smith, Keaton) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint (jb, ) |
| Filing 18 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/11/2024. (exr, ) |
| Filing 17 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file amended complaint #2 , motion for leave to file under seal #7 , motion for leave to file electronic service of process #11 , and ex parte motion for a temporary restraining order #15 are granted in part. Plaintiff's submissions (e.g., Dkt. 15 911) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries #8 , #9 , #14 , and #15 . The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's patented works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit and infringing goods, and 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 effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. The disabling of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. (exr, ) |
| Filing 15 SEALED DOCUMENT by Plaintiff Patent One LLC Yu Declaration (Mu, Shengmao) |
| Filing 14 SEALED DOCUMENT by Plaintiff Patent One LLC memorandum in support of TRO (Mu, Shengmao) |
| Filing 13 MOTION by Plaintiff Patent One LLC for temporary restraining order (Mu, Shengmao) |
| Filing 12 MEMORANDUM motion for service by publication #11 by Patent One LLC (Mu, Shengmao) |
| Filing 11 MOTION by Plaintiff Patent One LLC for service by publication (Mu, Shengmao) |
| Filing 10 SEALED DOCUMENT by Plaintiff Patent One LLC Exhibit 2 (Mu, Shengmao) |
| Filing 9 SEALED DOCUMENT by Plaintiff Patent One LLC Exhibit 1 (Mu, Shengmao) |
| Filing 8 SEALED DOCUMENT by Plaintiff Patent One LLC Sechedule A (Mu, Shengmao) |
| Filing 7 MOTION by Plaintiff Patent One LLC to seal (Mu, Shengmao) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Patent One LLC (Mu, Shengmao) |
| Filing 5 ATTORNEY Appearance for Plaintiff Patent One LLC by Shengmao Mu (Mu, Shengmao) |
| Filing 4 CIVIL Cover Sheet (Mu, Shengmao) |
| Filing 3 AMENDED complaint by Patent One LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint (Mu, Shengmao) |
| Filing 2 MOTION by Plaintiff Patent One LLC for leave to file First Amended Complaint (Mu, Shengmao) |
| Filing 1 COMPLAINT filed by Patent One LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-21896765.(Mu, Shengmao) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1). (jmv, ) |
| 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. (jmv, ) |
| NEW PARTIES: The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint added to case caption. (Mu, Shengmao) |
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| Plaintiff: Patent One LLC | |
| Represented By: | Shengmao Mu |
| Represented By: | Keaton David Smith |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint | |
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