XYZ Limited
| XYZ Limited |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2024cv07649 |
| August 26, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
| None |
Docket Report
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| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr: Although the plaintiff has not filed a separate motion to seal, the Court finds it appropriate to permit the exhibits to the complaint #2 #3 #4 , provisionally under seal pending order, to remain under seal for the time being. The Court finds it inappropriate, however, for the plaintiff to proceed anonymously. The Seventh Circuit heavily disfavors anonymous, pseudonymous, or "no-name" litigation and requires the plaintiff to demonstrate "exceptional circumstances" that justify a refusal to self-identify. Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). "[B]rand owners who seek relief against alleged counterfeiters may be frustrated by the stringent requirements for pseudonymous litigation. But in the absence of a change in binding Seventh Circuit caselaw, changes to the Federal Rules of Civil Procedure, or the creation of an alternative legislative remedy, the current legal framework does not permit pseudonymity without a demonstration of circumstances more exceptional than those presented" in a typical "Schedule A" online counterfeiting case. XYZ Corp. v. Schedule A, No. 21-cv-06471, 2022 WL 180151, at *3 (N.D. Ill. Jan. 20, 2022); see also XYZ Corp. v. Schedule A, No. 20-cv-06610, 2020 WL 6681360, at *1 (N.D. Ill. Nov. 12, 2020) (noting that in a case with an anonymous plaintiff suing a sealed schedule A, "[t]he public has no earthly idea who is suing whom," and striking the complaint because the plaintiff attempted to proceed anonymously without "request[ing] leave of Court, let alone establish[ing] that 'exceptional circumstances' justify shielding its identity"). The plaintiff has not requested leave of court to proceed anonymously, and its complaint identifies circumstances that are common to all "Schedule A" cases, meaning that the circumstances are, by definition, not exceptional. Accordingly, the plaintiff is directed to file an amended, non-anonymous complaint #1 and to change the pseudonym used on the case caption on CM/ECF to the plaintiff's true identity by 8/30/2024. Mailed notice (air, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff XYZ Limited by Zhiwei Hua (Hua, Zhiwei) |
| Filing 5 CIVIL Cover Sheet (Hua, Zhiwei) |
| Filing 4 SEALED EXHIBIT by Plaintiff XYZ Limited Exhibit 2 Schedule A regarding complaint #1 (Hua, Zhiwei) |
| Filing 3 SEALED EXHIBIT by Plaintiff XYZ Limited Exhibit 1-2 Utility Patent regarding complaint #1 (Hua, Zhiwei) |
| Filing 2 SEALED EXHIBIT by Plaintiff XYZ Limited Exhibit 1-1 Patent Design regarding complaint #1 (Hua, Zhiwei) |
| Filing 1 COMPLAINT filed by XYZ Limited; Filing fee $ 405, receipt number AILNDC-22400045. (Attachments: #1 Exhibit Patent Certificate, #2 Exhibit Schedule A)(Hua, Zhiwei) |
| NEW PARTIES: The Partnerships and Unincorporated Associations Identified on Schedule A added to case caption. (Hua, Zhiwei) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1). (emc, ) |
| 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. (emc, ) |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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| Plaintiff: XYZ Limited | |
| Represented By: | Zhiwei Hua |
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