JTLE Investments LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| JTLE Investments LLC doing business as Hang Smart |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 1:2024cv06268 |
| July 24, 2024 |
| U.S. District Court for the Northern District of Illinois |
| John Robert Blakey |
| Patent |
| 15 U.S.C. ยง 1126 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 31, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 MINUTE entry before the Honorable John Robert Blakey: Motion hearing set for 8/7/2024 is stricken. Mailed notice (gel,) |
| Filing 10 MINUTE entry before the Honorable John Robert Blakey: In this case, Plaintiff sues three Defendants alleging infringement of its design patent, among other claims. See 1 . Under 35 U.S.C. 299, "parties that are accused infringers may be joined in one action as defendants... only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action. Id. 299(a). The statute specifically provides that "accused infringers may not be joined in one action as defendants... based solely on allegations that they each have infringed the patent or patents in suit." Id. 299(b). Here, Plaintiff alleges that Defendants' infringing products "share unique identifiers, such as design elements, colors, packaging, and other similarities between the Infringing Products offered for sale, establishing a logical relationship between the Defendants and suggesting that the Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." 1 4. Plaintiff also alleges that Defendants are selling and offering for sale "an identical infringing product under (at least) the "BUSHAD" and "SmokeBar Shop" Brand names," and that "the Infringing Products for sale in the Defendants Internet Stores are nearly identical, or (at least) bear similarities and indicia of being related to one another, suggesting that the infringing products were manufactured by and come from a common source and that, upon information and belief, the Defendants are interrelated." Id. 18, 32. Plaintiff supports such allegations with documentation evidencing the identical nature of the accused products. For present purposes, such allegations, supported with evidence, satisfy 299(a), 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 materials submitted, this Court grants Plaintiff's motion for leave to file under seal #4 and motion for leave to serve process electronically #3 . The Court takes Plaintiff's motion for temporary restraining order 2 under advisement pending Plaintiff's submission of a proposed order, in compliance with this Court's standing order. The 7/31/24 Notice of Motion date is stricken as to all motions. Mailed notice. (kp, ) |
| Filing 9 Re- NOTICE of Motion by Cory Jay Rosenbaum for presentment of motion for temporary restraining order 2 before Honorable John Robert Blakey on 8/7/2024 at 11:00 AM. (Rosenbaum, Cory) |
| Filing 8 Re- NOTICE of Motion by Cory Jay Rosenbaum for presentment of motion to seal document, #4 before Honorable John Robert Blakey on 8/7/2024 at 11:00 AM. (Rosenbaum, Cory) |
| Filing 7 NOTICE of Motion by Cory Jay Rosenbaum for presentment of motion to seal document, #4 before Honorable John Robert Blakey on 7/31/2024 at 11:00 AM. (Rosenbaum, Cory) |
| Filing 6 NOTICE of Motion by Cory Jay Rosenbaum for presentment of motion for miscellaneous relief #3 before Honorable John Robert Blakey on 7/31/2024 at 11:00 AM. (Rosenbaum, Cory) |
| Filing 4 MOTION by Plaintiff jtle investments to seal document complaint 1 , MOTION by Plaintiff jtle investmentsfor electronic service #3 , MOTION by Plaintiff jtle investments for temporary restraining order 2 (Rosenbaum, Cory) |
| Filing 3 MOTION by Plaintiff jtle investmentsfor electronic service (Rosenbaum, Cory) |
| 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). (bi, ) |
| 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. (bi, ) |
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| Plaintiff: JTLE Investments LLC doing business as Hang Smart | |
| Represented By: | Cory Jay Rosenbaum |
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