Solawave Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Solawave Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2024cv09635 |
| October 7, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Jeremy C Daniel |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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This docket was last retrieved on November 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 29 SEALED EXHIBIT by Plaintiff Solawave Inc. Exhibit 1 regarding amended complaint #27 (Gaudio, Justin) |
| Filing 28 SEALED EXHIBIT by Plaintiff Solawave Inc. Schedule A regarding amended complaint #27 (Gaudio, Justin) |
| Filing 27 AMENDED complaint by Solawave Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 2)(Gaudio, Justin) |
Filing 26
ORDER. The complaint #1 is dismissed without prejudice for misjoinder. The plaintiff has fourteen days from the entry of this order to file an amended complaint naming an appropriate defendant or group of properly joined defendants. The plaintiff's motion for leave to file under seal #4 is granted. All other pending motions [ #13 , #18 ] are denied as moot. Signed by the Honorable Jeremy C. Daniel on 11/18/2024. Mailed notice(vcf, )
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| Filing 25 MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. For the reasons stated in open court, the rule to show cause is discharged. The Court takes the supplemental memorandum concerning joinder under advisement. Mailed notice. (vcf, ) |
| Filing 24 DECLARATION of Justin R. Gaudio regarding other #23 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Gaudio, Justin) |
| Filing 23 Supplemental Memorandum in Response to #22 by Solawave Inc. (Gaudio, Justin) |
| Filing 22 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging design patent infringement against 132 defendants. (R. 1 and R. 2.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before October 25, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "[d]efendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products in the same transaction, occurrence, or series of transactions or occurrences." (R. 1 Para. 20.) This is a conclusory statement that does nothing to establish the propriety of joinder. Moreover, experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together. Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). The October 22, 2024, motion hearing is stricken. The Court will consider the issues raised in this order first, and will hear argument on the issues raised in this order on October 30, 2024, at 9:30 a.m. Mailed notice. (vcf, ) |
| Filing 21 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file #4 , motion for temporary restraining order #13 , motion for miscellaneous relief #18 before Honorable Jeremy C. Daniel on 10/22/2024 at 09:30 AM. (Gaudio, Justin) |
| 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 Solawave Inc. in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Solawave Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Solawave 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 Andrew Silberstein 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 Solawave Inc. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Solawave 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 VA. (evw, ) |
| Filing 11 ATTORNEY Appearance for Plaintiff Solawave Inc. by Lucas Allen Peterson (Peterson, Lucas) |
| Filing 10 ATTORNEY Appearance for Plaintiff Solawave Inc. by Justin Tyler Joseph (Joseph, Justin) |
| Filing 9 ATTORNEY Appearance for Plaintiff Solawave Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 8 ATTORNEY Appearance for Plaintiff Solawave Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 7 NOTICE of Claims Involving Patents by Solawave Inc. (Gaudio, Justin) Modified on 10/8/2024 (evw, ). |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Solawave Inc. (Gaudio, Justin) |
| Filing 5 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 4 MOTION by Plaintiff Solawave Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 3 SEALED EXHIBIT by Plaintiff Solawave 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 Solawave Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Solawave Inc.; Filing fee $ 405, receipt number AILNDC-22569910. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Gaudio, Justin) |
| 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. (lcd, ) |
| CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 1). (lcd, ) |
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| Plaintiff: Solawave Inc. | |
| Represented By: | Justin R. Gaudio |
| Represented By: | Lucas Allen Peterson |
| Represented By: | Justin Tyler Joseph |
| Represented By: | Amy Crout Ziegler |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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