Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Oakley, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Foshan Shangji Sports Products Co., Ltd., Guangzhou Xunqi Glasses Co., Ltd., Shanxi Titan Biotechnology Co., Ltd., Shenzhen Flying Ant Industrial Co., Ltd., Taizhou Boran Glasses Co., Ltd., Taizhou Sipujia Trading Co., Ltd., Wenzhou Guarken Eyewear Co., Ltd., Wenzhou Hante Trade Co., Ltd., Wenzhou Kangjing Optics Co., Ltd., Wenzhou Kenbo Imp. & Exp. Co., Ltd., Xiamen Tong Shi Le Import And Export Co., Ltd., Yiwu Bangwai E-Commerce Co., Ltd., Yiwu Beiyuan Glasses Co., Ltd., Yiwu City Offray Glasses Co.,Ltd, Yiwu Jingyuan Trade Co., Ltd., Yiwu Longge Accessories Limited, Yiwu Tingyuan Glasses Co., Ltd., Yiwu Totalglasses Co., Ltd., Gracile myrtle, LOENAD, LumiSyne, ONLYONEE, shenyangshisujiatunshuozhongbaihuodian, wellwellwellshop, designergoodsstore, gonxifacai52, hydd, hyf5456, nrxwc, pbf003, sunglasses_belt158, wige, zhefu, ainnoer, k3073059shaoci38_8, AIELBRO SPORTS, compass wear, DABOXI, Maichile, xmbinxuan, Gupzy flois, halvmmks, JANOON TRADING LTD, Jerusalenfiel, Junior321, NKJHJKHASF, Oblenzique, RAX CENTRE LTD and Ventanas Boxing |
| 1:2024cv03643 |
| May 6, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Martha M Pacold |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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| Filing 42 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, #40 , by dropping defendants No. 17 Yiwu Tingyuan Glasses Co., Ltd., No. 20 LOENAD, and No. 37 compass wear, is granted. Defendants No. 17 Yiwu Tingyuan Glasses Co., Ltd., No. 20 LOENAD, and No. 37 compass wear are dismissed without prejudice. Plaintiff has already filed the amended Schedule A on the docket. See #41 . (rao, ) |
| Filing 41 AMENDED exhibit #2 Amended Schedule A (Lakovitsky, Berel) |
| Filing 40 MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter (Lakovitsky, Berel) |
| Filing 39 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, #37 , by dropping defendants No. 19 Gracile myrtle, 21 LumiSyne, and No. 24 wellwellwellshop is granted. Defendants No. 19 Gracile myrtle, 21 LumiSyne, and No. 24 wellwellwellshop are terminated without prejudice. Plaintiff has already filed the amended complaint on the docket. #38 . (rao, ) |
| Filing 38 AMENDED exhibit #2 Amended Schedule A (Lakovitsky, Berel) |
| Filing 37 MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter (Lakovitsky, Berel) |
| Filing 36 STATUS Report per #34 by Oakley, Inc. (Attachments: #1 Exhibit A)(Lakovitsky, Berel) |
Filing 35
ORDER: The Clerk OF Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on June 13, 2024. Mailed notice (ph, )
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| Filing 34 MINUTE entry before the Honorable Martha M. Pacold: By 6/20/2024, plaintiff should provide the court with a status report which addresses the status of the case as it relates to all defendants and proposed next steps. (rao, ) |
| Filing 33 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 6/13/2024: (rao, ) |
| Filing 32 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction, #24 , against defendants No. 19-49. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction, #24 , against defendants No. 19-49 is granted. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add defendants No. 19-49 listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| NEW PARTIES: Foshan Shangji Sports Products Co., Ltd., Guangzhou Xunqi Glasses Co., Ltd., Shanxi Titan Biotechnology Co., Ltd., Shenzhen Flying Ant Industrial Co., Ltd., Taizhou Boran Glasses Co., Ltd., Taizhou Sipujia Trading Co., Ltd., Wenzhou Guarken Eyewear Co., Ltd., Wenzhou Hante Trade Co., Ltd., Wenzhou Kangjing Optics Co., Ltd., Wenzhou Kenbo Imp. & Exp. Co., Ltd., Xiamen Tong Shi Le Import And Export Co., Ltd., Yiwu Bangwai E-Commerce Co., Ltd., Yiwu Beiyuan Glasses Co., Ltd., Yiwu City Offray Glasses Co.,Ltd, Yiwu Jingyuan Trade Co., Ltd., Yiwu Longge Accessories Limited, Yiwu Tingyuan Glasses Co., Ltd., Yiwu Totalglasses Co., Ltd., Gracile myrtle, LOENAD, LumiSyne, ONLYONEE, shenyangshisujiatunshuozhongbaihuodian, wellwellwellshop, designergoodsstore, gonxifacai52, hydd, hyf5456, nrxwc, pbf003, sunglasses_belt158, wige, zhefu, ainnoer, k3073059shaoci38_8, AIELBRO SPORTS, compass wear, DABOXI, Maichile, xmbinxuan, Gupzy flois, halvmmks, JANOON TRADING LTD, Jerusalenfiel, Junior321, NKJHJKHASF, Oblenzique, RAX CENTRE LTD and Ventanas Boxing added to case caption. (Lakovitsky, Berel) |
| Filing 31 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/30/2024, answer due 6/20/2024. (Attachments: #1 Declaration of Thomas J. Juettner, #2 Exhibit A)(Juettner, Thomas) |
| Filing 30 CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding order on motion for preliminary injunction,, text entry, #28 (Attachments: #1 Exhibit A)(Lakovitsky, Berel) |
| Filing 28 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for a preliminary injunction, #24 , under advisement and will consider the motion unopposed if no defendant appears and objects by 6/3/24. Plaintiff shall serve defendants with this notice. Mailed notice. (lxk, ) |
| Filing 29 SURETY BOND in the amount of $ 10,000 posted by Oakley, Inc. (Document not Imaged) (jh, ) |
| Filing 27 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/21/2024, answer due 6/11/2024. (Attachments: #1 Declaration of Thomas J. Juettner, #2 Exhibit A)(Juettner, Thomas) |
| Filing 26 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #25 (Attachments: #1 Exhibit 1)(Lakovitsky, Berel) |
| Filing 25 MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction #24 (Lakovitsky, Berel) |
| Filing 24 MOTION by Plaintiff Oakley, Inc. for preliminary injunction as to Certain Defendants (Attachments: #1 Exhibit A)(Lakovitsky, Berel) |
| Filing 23 Registry Deposit Information Form by Oakley, Inc. (Lakovitsky, Berel) |
| Filing 22 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/13/2024: (rao, ) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions ( #4 , #13 , #18 ) filed by plaintiff, the supporting memoranda ( #14 , #19 ) and the temporary restraining order, plaintiff's motions for leave to file under seal, #4 , motion for electronic service of process, #18 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, #13 , are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (vkm, ) |
| 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 Oakley, Inc. in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 - Parts 1-3 regarding declaration #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3)(Gaudio, Justin) |
| Filing 16 DECLARATION of Jason Groppe 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 Oakley, Inc. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 MAILED Patent report to Patent Trademark Office, Alexandria V.A. (gcy, ) |
| Filing 11 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) |
| Filing 10 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Berel Yonathan Lakovitsky (Lakovitsky, Berel) |
| Filing 9 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 8 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 7 Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin) |
| Filing 5 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 4 MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 3 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-3 regarding complaint #1 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3)(Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Oakley, Inc.; Filing fee $ 405, receipt number AILNDC-21932608. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1). (jcc,) |
| 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, ) |
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