Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A

案件号:2024-cv-00436起诉日期:2024/01/17原告:Dyson Technology Limited

案件进展

69 条记录
#78

Order

#77

Order on Motion for Default Judgment AND Order on Motion for Entry of Default

原告申请缺席判决
#73

Default Judgment AND Entry of Default

#67

STATUS Report - joint report by ANZOOM, zhengyunUS (Liu, Zheng) (Entered: 04/30/2024)

#66

STATUS Report per 57 by Dyson Technology Limited (Joseph, Justin) (Entered: 04/30/2024)

#65

MINUTE entry before the Honorable John Robert Blakey: The Court grants the motion to extend time filed by Defendants 2 ASUNCELL, 39 adapbat, 40 akku-mall2016, 42 chocolate_chip_part, 43 energy-up-2020, 45 one_more_battery, and 47 premiumbattery2021 62, over objection, and strikes the 4/24/24 Notice of Motion date. These Defendants shall respond to the complaint by 5/2/24. Mailed notice. (kp, ) (Entered: 04/24/2024)

#64

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jennifer Van Nacht (Nacht, Jennifer) (Entered: 04/23/2024)

#63

OPPOSED NOTICE of Motion by Christopher Paul Keleher for presentment of motion for extension of time to file answer 62 before Honorable John Robert Blakey on 4/24/2024 at 11:00 AM. (Keleher, Christopher) (Entered: 04/18/2024)

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#62

MOTION by Defendants ASUNCELL, adapbat, akku-mall2016, chocolate_chip_part, energy-up-2020, one_more_battery, premiumbattery2021 for extension of time to file answer regarding complaint 1 OPPOSED (Keleher, Christopher) (Entered: 04/18/2024)

#61

ATTORNEY Appearance for Defendants ASUNCELL, adapbat, akku-mall2016, chocolate_chip_part, energy-up-2020, one_more_battery, premiumbattery2021 by Christopher Paul Keleher (Keleher, Christopher) (Entered: 04/18/2024)

#60

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 58, this case is dismissed without prejudice as to Defendant SZJS (25). Absent reinstatement on or before 270 days of the entry of this order, this defendant will be dismissed with prejudice. Mailed notice (gel, ) (Entered: 04/17/2024)

#59

STATUS Report pursuant to 44 by Dyson Technology Limited (Attachments: # 1 Exhibit A)(Joseph, Justin) (Entered: 04/11/2024)

#58

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendant (Joseph, Justin) (Entered: 04/11/2024)

#57

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 56, this case is dismissed without prejudice as to Defendant XIangYuan (No. 29). Absent reinstatement by 12/31/24, the dismissal of this Defendant shall automatically convert to a dismissal with prejudice. Additionally, the Court denies Plaintiff's motion to strike 48 . Although Defendants ANZOOM and ZHENGYUNUS filed their answer late and without leave, the Court declines to strike the pleading; indeed, if these Defendants had asked for more time, the Court would have granted that motion. The Court will, however, expect strict compliance with its rules and orders in the future. These parties shall file a joint status report by 4/30/24 proposing reasonable case management dates. Mailed notice (gel, ) (Entered: 04/05/2024)

#56

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendant (Joseph, Justin) (Entered: 04/04/2024)

#55

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 54, Defendants SBY-SZ, SHIQ and tangavi are dismissed without prejudice. Absent reinstatement on or before 270 days of the entry of this order, these defendants will be dismissed with prejudice without further order of the Court. Mailed notice (gel, ) (Entered: 03/29/2024)

原告撤诉/结案
#54

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants (Joseph, Justin) (Entered: 03/28/2024)

#53

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 45, this case is dismissed without prejudice as to the following Defendants under Rule 41(a): Epowon 7; GDLIFE 8; Hubei electronic 10; Swidan01 24; and XJK-US 31. Absent reinstatement by 12/6/24, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. The Court takes under advisement Plaintiff's motion to strike 48, strikes the 3/27/24 Notice of Motion date, and orders Defendants ANZOOM and ZHENGYUNUS to respond to the motion by 4/1/24. Mailed notice (gel, ) (Entered: 03/25/2024)

#52

RESPONSE by ANZOOM, zhengyunUSin Opposition to MOTION by Plaintiff Dyson Technology Limited to strike Defendants ANZOOM's and zhengyunUS's Answer and Affirmative Defenses 46 (Opposed) 48 (Liu, Zheng) (Entered: 03/24/2024)

#51

CERTIFICATE Notice of Servicing 30(b)(6) deposition notice by Defendants ANZOOM and ZHENGYUNUS (Liu, Zheng) (Entered: 03/21/2024)

#50

CERTIFICATE Notice of Service of Initial Disclosure by Defendants ANZOOM and ZHENGYUNUS (Liu, Zheng) (Entered: 03/21/2024)

#49

NOTICE of Motion by Justin R. Gaudio for presentment of motion to strike 48 before Honorable John Robert Blakey on 3/27/2024 at 11:00 AM. (Gaudio, Justin) (Entered: 03/21/2024)

#48

MOTION by Plaintiff Dyson Technology Limited to strike Defendants ANZOOM's and zhengyunUS's Answer and Affirmative Defenses 46 (Opposed) (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 03/21/2024)

#47

JURY Demand (Liu, Zheng) (Entered: 03/20/2024)

#46

ANSWER to Complaint by ANZOOM, zhengyunUS(Guo, Jingyi) (Entered: 03/20/2024)

#45

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants (Joseph, Justin) (Entered: 03/14/2024)

#44

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 43, the Court dismisses this case without prejudice as to the following Defendants under Rule 41(a): Chida Store 4; hailing shop 9; yunfeng shop 35; borraymond 41; and hsh-008 44. Absent reinstatement by 12/6/24, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. The Court strikes the 4/11/24 status hearing date and orders Plaintiff instead to file a status report by this date. Mailed notice (gel, ) (Entered: 03/11/2024)

#43

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants (Joseph, Justin) (Entered: 03/07/2024)

#42

ATTORNEY Appearance for Defendants ANZOOM, zhengyunUS by Zheng Liu (Liu, Zheng) (Entered: 03/01/2024)

#41

ATTORNEY Appearance for Defendants ANZOOM, zhengyunUS by Jingyi Guo (Guo, Jingyi) (Entered: 03/01/2024)

#40

ATTORNEY Appearance for Defendants ANZOOM, zhengyunUS by Zheng Liu (Liu, Zheng) (Entered: 02/29/2024)

#39

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 2/27/2024. Mailed notice(gel, ) (Entered: 02/27/2024)

法院批准初步禁令
#38

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for preliminary injunction 29 . Plaintiff appeared but no Defendants appeared. As a preliminary matter, the Court finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged and established, via declaration, that, "even though Defendants operate under multiple fictitious aliases, the e-commerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images. Additionally, Infringing Products for sale by the Seller Aliases bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." 16 15. Plaintiff has also alleged, and established via declaration, that Defendants 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." Id. 18. For present purposes, this satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), 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 same findings made in this Court's TRO 23, and in the absence of any appearance or objection from any Defendant, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 29 . Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Status hearing set for 4/11/2024 at 11:00 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 02/27/2024)

原告提交PI申请
#0

NEW PARTIES: ANZOOM, ASUNCELL, Cerman-US, Chida Store, CS Cameron Sino Battery, EGR Digital, Epowon, GDLIFE, hailing shop, Hubei electronic, IASOBLI US, LJO-EEIH INC, LongLingBattery, Lordone-US, LordPower, mei zhenshop, Mikyo-US, NinsoneUS, RL Direct, SBY-SZ, SHIQ, simlewareUS, Sungotech, Swidan01, SZJS, tangavi, tejieying, XHS-BATTERY, XIangYuan, XIONG GE, XJK-US, YCDZ-US, yun yun shop, yunfeng shop, zgh123, ZHEAIUS, zhengyunUS, adapbat, akku-mall2016, borraymond, chocolate_chip_part, energy-up-2020, hsh-008, one_more_battery, premiumbattery2021 and smallgrocery002 added to case caption. (Gaudio, Justin)

#37

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Marcella Deshonda Slay (Slay, Marcella) (Entered: 02/26/2024)

#36

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 35, this case is dismissed without prejudice as to Defendants Yongcell (No. 33) and power-tool-batteries (No. 46). Absent reinstatement by 9/30/24, this dismissal shall automatically convert to a dismissal with prejudice. The Court also strikes the 2/28/24 motion hearing date and will take up Plaintiff's preliminary injunction motion 29 on 2/27/24. Mailed notice (gel, ) (Entered: 02/23/2024)

#35

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants (Joseph, Justin) (Entered: 02/22/2024)

#34

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 29 before Honorable John Robert Blakey on 2/27/2024 at 11:00 AM. (Attachments: # 1 Exhibit A)(Joseph, Justin) (Entered: 02/20/2024)

法院批准初步禁令
#33

SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/15/2024, answer due 3/7/2024. (Attachments: # 1 Declaration of Andrew D. Burnham, # 2 Exhibit A)(Burnham, Andrew) (Entered: 02/15/2024)

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#32

MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, the Court strikes the 2/21/24 Notice of Motion date and resets the hearing on Plaintiff's preliminary injunction motion 29 to 2/28/24 at 11:00 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 02/15/2024)

法院批准初步禁令
#31

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 29 before Honorable John Robert Blakey on 2/21/2024 at 11:00 AM. (Attachments: # 1 Exhibit A)(Joseph, Justin) (Entered: 02/15/2024)

法院批准初步禁令
#30

MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction 29 (Attachments: # 1 Declaration of Justin T. Joseph, # 2 Exhibit 1)(Joseph, Justin) (Entered: 02/15/2024)

法院批准初步禁令
#29

MOTION by Plaintiff Dyson Technology Limited for preliminary injunction (Attachments: # 1 Exhibit A)(Joseph, Justin) (Entered: 02/15/2024)

法院批准初步禁令
#27

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 24 to extend the temporary restraining order entered 1/30/24 23 . The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 2/27/24. The 2/7/24 Notice of Motion date is stricken. Mailed notice (gel, ) (Entered: 02/06/2024)

法院批准TRO
#28

SURETY BOND in the amount of $ 10,000 posted by Dyson Technology Limited. (Document not Imaged) (jh, ) (Entered: 02/06/2024)

#26

NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time 24 before Honorable John Robert Blakey on 2/7/2024 at 11:00 AM. (Joseph, Justin) (Entered: 02/02/2024)

#25

MEMORANDUM by Dyson Technology Limited in support of extension of time 24 (Attachments: # 1 Declaration of Justin T. Joseph)(Joseph, Justin) (Entered: 02/02/2024)

#24

MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order (Joseph, Justin) (Entered: 02/02/2024)

法院批准TRO
#23

TEMPORARY RESTRAINING ORDER Signed by the Honorable John Robert Blakey on 1/30/2024. Mailed notice(gel, ) Modified on 2/28/2024 (lm, ). (Entered: 01/30/2024)

法院批准TRO
#22

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal 4 and motion for electronic service of process 18 and strikes the 1/31/24 Notice of Motion date. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 13 . Enter sealed temporary restraining order. Absent further order, this TRO will expire on 2/13/24. Mailed notice (gel, ) (Entered: 01/30/2024)

法院批准TRO
#19

MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief 18 (Gaudio, Justin) (Entered: 01/23/2024)

#18

MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) (Entered: 01/23/2024)

#17

EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Parts 1-6 regarding declaration 16 (Attachments: # 1 Exhibit 2-1, # 2 Exhibit 2-2, # 3 Exhibit 2-3, # 4 Exhibit 2-4, # 5 Exhibit 2-5, # 6 Exhibit 2-6)(Gaudio, Justin) Modified on 2/28/2024 (lm, ). (Entered: 01/23/2024)

#16

DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 01/23/2024)

#15

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 01/23/2024)

#14

MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order 13 (Gaudio, Justin) (Entered: 01/23/2024)

法院批准TRO
#13

MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 01/23/2024)

法院批准TRO
#12

MAILED Patent report to Patent Trademark Office, Alexandria VA (jb, ) (Entered: 01/18/2024)

#11

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham (Burnham, Andrew) (Entered: 01/17/2024)

#10

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph (Joseph, Justin) (Entered: 01/17/2024)

#9

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain (Crain, Lawrence) (Entered: 01/17/2024)

#8

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio (Gaudio, Justin) (Entered: 01/17/2024)

#7

Notice of Claims Involving Patents by Dyson Technology Limited (Gaudio, Justin) (Entered: 01/17/2024)

#6

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited (Gaudio, Justin) (Entered: 01/17/2024)

#5

CIVIL Cover Sheet (Gaudio, Justin) (Entered: 01/17/2024)

#4

MOTION by Plaintiff Dyson Technology Limited for leave to file under seal (Gaudio, Justin) (Entered: 01/17/2024)

#3

EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1-6 regarding complaint 1 (Attachments: # 1 Exhibit 1-1, # 2 Exhibit 1-2, # 3 Exhibit 1-3, # 4 Exhibit 1-4, # 5 Exhibit 1-5, # 6 Exhibit 1-6)(Gaudio, Justin) Modified on 2/28/2024 (lm, ). (Entered: 01/17/2024)

#2

EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint 1 (Gaudio, Justin) Modified on 2/28/2024 (lm, ). (Entered: 01/17/2024)

#1

COMPLAINT filed by Dyson Technology Limited; Filing fee $ 405, receipt number AILNDC-21532509. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5)(Gaudio, Justin) (Entered: 01/17/2024)

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