EvriHolder Products, LLC v. Kang et al
| EvriHolder Products, LLC |
| Daniel Kang and Daniel Munsork Kang |
| 1:2020cv03553 |
| May 6, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Patent |
| 28 U.S.C. § 1338 pt |
| None |
Docket Report
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This docket was last retrieved on June 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 20 CERTIFICATE OF SERVICE of Consent Judgment and Permanent Injunction served on Kang, Daniel on June 10, 2020. Service was accepted by Kang, Daniel. Service was made by E-mail. Document filed by EvriHolder Products, LLC..(Paul, Louis) |
| Filing 19 AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 6/10/2020 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (Attachments: #1 Order of Dismissal).(rro) |
Filing 18
CONSENT JUDGMENT AND PERMANENT INJUNCTION: The Parties each having the wherewithal to fully litigate their respective claims and defenses have resolved their differences and have consented to the following judgment: On May 26, 2020, Plaintiff filed this lawsuit alleging a cause of action against Defendants for willful patent infringement of U.S. Patent No. 9,534,365 ("the '365 Patent"), under 35 U.S.C. 27l(a) and 27l(b). Dkt. #. The '365 Patent was issued on January 3, 2017 and is entitled "Drain Chain Systems and Methods for Cleaning Drains." Exhibit A to Complaint (Dkt. #11-1). Pursuant to 35 U.S.C. 283, each Defendants, and any of a Defendant's parents, subsidiaries, agents, employees, predecessors-in-interest, and successors-in- interest are hereby restrained and enjoined from engaging in, directly or indirectly, or authorizing or assisting any third party to engage in, making, using, selling, offering to sell, and/or importing into the United States any product not already sold into commerce to date for the remaining life of the '365 Patent, or a design of confusingly similar to the Five-Petal Flower Trade Dress. The Court finds there is no just reason for delay in entering this Permanent Injunction and, pursuant to Rule 65(d) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Permanent Injunction against Defendants. The Parties have consented to waive and/or forfeit any right to appeal this Judgment and Permanent Injunction. The Court expressly retains jurisdiction over this matter to enforce any violation of the terms of this Judgment and Permanent Injunction. Except as expressly noted above, each party shall bear its own attorney fees and costs. Plaintiff is hereby ORDERED to serve this order on Defendant and file notice of such service on or before June 19, 2020. IT is so ORDERED, ADJUDGED AND DECREED this 10th day of June. (Signed by Judge Katherine Polk Failla on 6/10/2020) (rro)
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Filing 17
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Louis C. Paul dated 6/10/2020 re: proposed final judgment. ENDORSEMENT: The Court will endorse the judgment under separate cover. As the Court has noted on the judgment, Plaintiff is hereby ORDERED to serve Defendant with this order and the judgment, and file notice of such service on or before June 19, 2020. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 6/10/2020) (rro)
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| Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by EvriHolder Products, LLC..(Paul, Louis) |
| ***NOTICE TO ATTORNEY REGARDING PDF ERROR. The PDF attached to the filing does not correspond with the event type used. Doc. #15 Amended Complaint,. (jgo) |
| Filing 15 FILING ERROR - PDF ERROR - FIRST AMENDED COMPLAINT amending #14 Amended Complaint, against Daniel Munsork Kang, Daniel Munsork Kang.Document filed by EvriHolder Products, LLC. Related document: #14 Amended Complaint,..(Paul, Louis) Modified on 6/5/2020 (jgo). |
| Filing 14 FIRST AMENDED COMPLAINT amending #11 Complaint, against Daniel Munsork Kang, Daniel Munsork Kang.Document filed by EvriHolder Products, LLC. Related document: #11 Complaint,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G).(Paul, Louis) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Daniel Munsork Kang, Daniel Munsork Kang..(jgo) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Munsork Kang, re: #11 Complaint,. Document filed by EvriHolder Products, LLC..(Paul, Louis) |
| Filing 11 COMPLAINT against Daniel Munsork Kang, Daniel Munsork Kang. Document filed by EvriHolder Products, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H).(Paul, Louis) |
| Filing 10 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Louis C. Paul to RE-FILE Document No. #6 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Louis C. Paul to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Use the standard AO440 summons form not the 1855 summons form. Attorney address field is blank;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 9 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Paul, Louis) |
| Filing 8 CIVIL COVER SHEET filed..(Paul, Louis) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Munsork Kang, re: #6 Complaint,. Document filed by EvriHolder Products, LLC..(Paul, Louis) Modified on 5/19/2020 (pc). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. Document filed by EvriHolder Products, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H).(Paul, Louis) Modified on 5/19/2020 (pc). |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/23/2020 at 04:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/15/2020) (rro) |
| Case Designated ECF. (pne) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #4 Complaint,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-19733846, paid on 5/6/2020..(pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Louis C. Paul to RE-FILE Document No. #1 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; caption error; if all names do not fit in the space provided, use the name of the first listed party followed by 'et al'; plaintiff's attorney information was omitted; summons request must be linked to a pleading; entire name of defendant must be entered in the docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF (AO 440). (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Louis C. Paul to RE-FILE Document No. #4 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne) |
| Case Eligible for Patent Pilot Program. (pne) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Louis C. Paul to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Louis C. Paul. The party information for the following party/parties has been modified: Daniel Munsork Kang, Daniel Munsork Kang. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Louis C. Paul to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR-COMPLAINT against All Defendants. Document filed by EvriHolder Products, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H).(Paul, Louis) Modified on 5/8/2020 (pne). |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Louis C. Paul to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. **DO NOT PAY THE FILING FEE AGAIN; DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** Initial Pleading due by 5/12/2020. (pne) |
| Filing 3 FILING ERROR - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Paul, Louis) Modified on 5/8/2020 (pne). |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EvriHolder Products, LLC..(Paul, Louis) |
| Filing 1 FILING ERROR - DEFICIENT SUMMONS REQUEST 'As To' - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kang, re: Complaint. Document filed by EvriHolder Products, LLC..(Paul, Louis) Modified on 5/8/2020 (pne). |
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