E-Link Plastic & Metal Industrial Co., Ltd. v. The Entities and Individuals Identified in Annex A
| E-Link Plastic & Metal Industrial Co., Ltd. |
| The Entities and Individuals Identified in Annex A, zhengzhouyongxiaoshangmaoyouxiangongsi, HRX Online, hefeishinuoyuwangluokejigongzuoshi, SUWU Online Store, MERICARGO, SVALE, wowhouse-us, Skyful Technology, YAKLIM-US and Shintop |
| HRX Online |
| E-Link Plastic & Metal Industrial Co., Ltd. |
| 1:2024cv07494 |
| August 20, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Defendant |
Docket Report
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| Filing 58 HRX answer, counterclaims and affirmative defenses to plaintiff's sealed amended complaint ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by HRX Online against E-Link Plastic & Metal Industrial Co., Ltd. . by HRX Online(Zhao, Gary) |
| Filing 57 MOTION by Defendant HRX Online to strike reply to response to motion #55 (Attachments: #1 Exhibit A)(Zhao, Gary) |
| Filing 56 NOTICE of Voluntary Dismissal by All Plaintiffs (Lei, Ge) |
| Filing 55 REPLY by E-Link Plastic & Metal Industrial Co., Ltd. to Response #49 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lei, Ge) |
| Terminating HongTuCN, Besiley and Heldig (Lei, Ge) |
| NEW PARTIES: SVALE, YAKLIM-US, MERICARGO, HongTuCN, Skyful Technology, HRX Online, Shintop, Besiley, wowhouse-us, hefeishinuoyuwangluokejigongzuoshi, zhengzhouyongxiaoshangmaoyouxiangongsi, Heldig and SUWU Online Store added to case caption. Terminating Wu Yuzhu (Lei, Ge) |
| Filing 54 PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 10/10/2024. Mailed notice(air, ) |
| Filing 53 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction #33 is granted, as to certain defendants. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Annex A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 10/14/2024 each defendant named in the original Annex A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice (air, ) |
| Filing 52 MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff's reply to defendant HRX Online's response to plaintiff's motion for preliminary injunction #49 is due 10/17/2024. The TRO will be extended against defendant HRX Online beyond the 28-day limit while the motion for preliminary injunction is pending, i.e., until the Court reaches a decision on the motion. This extension is technically a conversion of the TRO to an enforceable preliminary injunction subject to appellate review. H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012) (holding that a district court may extend the duration of a TRO beyond the statutory limit and without consent of the enjoined party until it reaches a decision on a preliminary injunction by technically converting the TRO into an enforceable preliminary injunction subject to appellate review). Mailed notice (air, ) |
| Filing 51 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants Heldig and Besiley are dismissed from this case. Mailed notice (air, ) |
| Filing 50 NOTICE of Voluntary Dismissal by All Plaintiffs (Lei, Ge) |
| Filing 49 RESPONSE by Defendant The Entities and Individuals Identified in Annex A Defendant HRX's Response in opposition to plaintiff's renewed motion for preliminary injunction (Zhao, Gary) |
| Filing 48 MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff's reply to defendant Heldig's response to plaintiff's motion for a preliminary injunction #45 is due 10/14/2024. Mailed notice (air, ) |
| Filing 47 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to strike defendant Heldig's pro se appearance and to stay briefing #46 is denied. Plaintiff argues that because Walmart.com has as its "primary contact" for defendant Heldig an individual other than Wu Yuzhu, Heldig is not a sole proprietorship. But it has set forth no authority in support of that argument, and the Court is not persuaded by it. The Court will strike defendant Heldig's response to the motion to strike #44 because it was filed after the Court had already ruled on the motion #41 . The briefing schedule on defendant Heldig's motion to dismiss #30 set by the Court on 10/4/2024 #42 remains in place. Mailed notice (air, ) |
| Filing 46 MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to strike Response #44 , MOTION by Defendant The Entities and Individuals Identified in Annex A to dismiss #30 , pro se appearance #36 , Response #45 , MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to stay regarding MOTION by Defendant The Entities and Individuals Identified in Annex A to dismiss #30 (Attachments: #1 Declaration, #2 Exhibit 1)(Lei, Ge) |
| Filing 45 RESPONSE to Plaintiff's Motion for Preliminary Injunction by Defendant Wu Yuzhu. (Attachments). (Received by Box.Com o 10/4/24). (gcy, ) |
| Filing 44 RESPONSE to Plaintiff's Motion to Strike and Stay Briefing by Defendant Wu Yuzhu. (Received by Box.Com on 10/4/24). (gcy, ) |
| Filing 43 CERTIFICATE of Service by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. (Lei, Ge) |
| Filing 42 MINUTE entry before the Honorable John J. Tharp, Jr:Upon review of the plaintiff's certificate of service #40 , the plaintiff's motion to renew its motion for entry of preliminary injunction #39 is granted, and that motion #33 is taken under advisement. Any objection or response is due before 10/9/24. The Court directs the plaintiff to supplement, by 10/7/2024, the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before 10/9/2024. Mailed notice (air, ) |
| Filing 41 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to strike defendant Heldig's pro se appearance and to stay briefing #36 is denied. The premise of the motion is that defendant "Hildig" is an "entity" and therefore cannot be represented by a non-lawyer. Plaintiff has not established, however, that Hildig is incorporated or otherwise organized as any sort of "entity"as opposed to being a trade name used by a sole proprietor. The briefing schedule set by the Court on 9/30/2024 #32 is stricken. Plaintiffs' response to the motion to dismiss #30 is now due 10/25/2024, and defendant Heldig's reply is due 11/8/2024. Mailed notice (air, ) |
| Filing 40 CERTIFICATE of Service by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. (Lei, Ge) |
| Filing 39 MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to Renew Plaintiff's Motion for Preliminary Injunction #33 (Attachments: #1 Declaration)(Lei, Ge) |
| Filing 38 MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to strike MOTION by Defendant The Entities and Individuals Identified in Annex A to dismiss #30 , pro se appearance #36 , MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to stay regarding MOTION by Defendant The Entities and Individuals Identified in Annex A to dismiss #30 (Lei, Ge) |
| Filing 37 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction #33 is denied without prejudice. Neither the plaintiff's motion nor its supporting documents expressly identify which defendants have received notice in accordance with Fed. R. Civ. P. 65(a)(1). Plaintiff's certificate of service #35 indicates that the motion and supporting documents were "served on Defendants by email addresses provided by third party platforms." In its renewed motion for a preliminary injunction, the plaintiff must specify what email addresses were used to contact each of the defendants. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice (air, ) |
| Filing 36 PRO SE Appearance by Defendant Wu Yuzhu. (Received via pro se email on 10/2/2024). (jn,) |
| Filing 35 CERTIFICATE of Service by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. (Lei, Ge) |
| Filing 34 SUMMONS Returned Executed by E-Link Plastic & Metal Industrial Co., Ltd. as to The Entities and Individuals Identified in Annex A on 10/2/2024, answer due 10/23/2024. (Lei, Ge) |
| Filing 33 MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. for preliminary injunction (Attachments: #1 Supplement, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Lei, Ge) |
| SUMMONS Issued as to Defendant The Entities and Individuals Identified in Annex A (vkm, ) |
| Filing 32 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant Heldig's motion to dismiss plaintiff's complaint #30 is taken under advisement. Plaintiff's response is due 10/18/2024; the reply is due 11/1/2024. Defendant Heldig is also directed to file a pro se or attorney appearance no later than 10/4/2024. Appearance forms are available at https://www.ilnd.uscourts.gov/OnlineForms.aspx. Mailed notice (air, ) |
| Filing 31 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of plaintiff's notice of voluntary dismissal, and pursuant to Fed. R. Civ. P. 41(a)(1), defendant HongTuCN is dismissed from this case. Mailed notice (air, ) |
| Filing 30 MOTION by Defendant Wu Yuzhu to dismiss Plaintiff's Complaint and unfreeze account. (Received via pro se email on 9/27/2024). (jn,) |
| Filing 29 NOTICE of Voluntary Dismissal by All Plaintiffs (Lei, Ge) |
| Filing 28 ATTORNEY Appearance for Defendant The Entities and Individuals Identified in Annex A by Jennifer Elizabeth Lacroix appearance for HRX Online (Lacroix, Jennifer) |
| Filing 27 ATTORNEY Appearance for Defendant The Entities and Individuals Identified in Annex A by Zhuo Zhou appearance for HRX Online (Zhou, Zhuo) |
| Filing 26 ATTORNEY Appearance for Defendant The Entities and Individuals Identified in Annex A by Gary Zhao appearance for HRX Online (Zhao, Gary) |
| Filing 25 EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 9/19/2024. Mailed notice(air, ) |
| Filing 24 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order #23 is granted. Enter order. Mailed notice (air, ) |
| Filing 23 MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to Extend the Temporary Restraining Order (Attachments: #1 Supplement, #2 Declaration)(Lei, Ge) |
| Cash Bond in the amount of $ $13,000 cashier's check, Receipt No. 100010867 posted by E-Link Plastic & Metal Industrial Co., Ltd. (gmm) |
| Filing 22 SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 9/12/2024. Mailed notice(air, ) |
| Filing 21 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to renew its motion for ex parte motion for TRO #20 is granted. On the grounds set forth in the motion, plaintiff's ex parte motion for TRO #10 is also granted. Plaintiff's motions for leave to file under seal #12 is granted. Enter temporary restraining order.Mailed notice (air, ) |
| Filing 20 MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to Renew Plaintiff's Motion for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery #10 (Lei, Ge) |
| Filing 19 SEALED EXHIBIT by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Supplemental Exhibit to Plaintiff's Motion for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery #10 (Lei, Ge) |
| Filing 18 SEALED DOCUMENT by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Amended Annex A to Plaintiff's Amended Complaint #9 (Lei, Ge) |
| Filing 17 MINUTE entry before the Honorable John J. Tharp, Jr:The Court having received plaintiff's certification of dates #14 , plaintiff's motion to renew its motion for an ex parte temporary restraining order #16 is denied without prejudice. The dates listed on plaintiff's certification show that over half of the screenshots used to support plaintiff's allegation of infringement are more than a year old. Such evidence does not demonstrate that those defendants are actively engaged in the alleged conduct. Therefore, plaintiff cannot establish that it is likely to succeed on the merits of its infringement claims, or that it will suffer immediate harm in the absence of relief. No later than 9/13/2024, plaintiffs may amend their motion to include more recent evidence to support their claims. Mailed notice (air, ) |
| Filing 16 MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to Renew Plaintiff's Motion for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery #10 (Lei, Ge) |
| Filing 15 SEALED DOCUMENT by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Supplement to Plaintiff's Motion for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery #10 (Attachments: #1 Declaration)(Lei, Ge) |
| Filing 14 SEALED DOCUMENT by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Certification of Dates (Lei, Ge) |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for TRO #10 is denied without prejudice. The plaintiff or its counsel are directed to file, by 9/13/2024, a certification identifying the date(s) on which the screenshots included in Exhibit C to the declaration were taken so that the Court may evaluate the plaintiff's contention that the defendants are actively offering infringing products for sale. The plaintiff may then renew its motion. In addition, Plaintiff is required to supplement its TRO motion with a listing of all prior online patent/trademark/copyright infringement cases (also known as "Schedule A" cases) filed in any court in the United States in which it was a plaintiff, a listing of any of the defendants included in Annex A in this case that plaintiff has previously named as defendants in any prior complaint or Schedule A case, and a certification that the plaintiff has not used any of the screenshot evidence supplied in support of this motion for TRO in any prior proceeding. Mailed notice (air, ) |
| Filing 12 MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to seal documents (Lei, Ge) |
| Filing 11 MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. for alternative service (Attachments: #1 Supplement, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lei, Ge) |
| Filing 10 SEALED MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery (Attachments: #1 Supplement, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Lei, Ge) |
| Filing 9 SEALED DOCUMENT by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Amended Complaint (Attachments: #1 Appendix, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Lei, Ge) |
| Filing 8 MAILED Patent Request Letter to Plaintiff's counsel Ge Lei. (jn,) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for leave to file under seal #6 is granted. As such, plaintiff's Annex A #2 is permitted to remain under seal. The Court notes that plaintiff filed a public version of the complaint #1 , with certain information redacted and no accompanying exhibits, but did not move for leave to file under seal an unredacted complaint with exhibits. The plaintiff is directed to file a sealed, unredacted version of the complaint with exhibits no later than 8/26/2024. Mailed notice (air, ) |
| Filing 6 MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to seal documents (Lei, Ge) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by E-Link Plastic & Metal Industrial Co., Ltd. (Lei, Ge) |
| Filing 4 CIVIL Cover Sheet (Lei, Ge) |
| Filing 3 ATTORNEY Appearance for Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. by Ge Lei (Lei, Ge) |
| Filing 2 SEALED EXHIBIT by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Annex A of Complaint #1 (Lei, Ge) |
| 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, ) |
| 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). (bi, ) |
| Filing 1 COMPLAINT filed by E-Link Plastic & Metal Industrial Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22383989.(Lei, Ge) |
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