FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Nancy L. Maldonado on 7/1/2024.(ca, ) (Entered: 07/01/2024)
法院作出缺席判决Cao Group, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified On Schedule A
案件进展
41 条记录MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's proposed judgment order to the Court's email box, which will now be entered, and the case closed. Enter Judgment order. The thirteen-thousand-dollar ($13,000) surety bond posted by Plaintiff in connection with the temporary restraining order previously entered in this case (Dkt. 19) and retained in connection with the preliminary injunction order previously entered in this case (Dkt. 30) is hereby released to Plaintiff or its counsel, Bishop Diehl & Lee, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Plaintiff or its counsel Bishop Diehl & Lee, Ltd. Civil case terminated. (ca, ) (Entered: 07/01/2024)
案件结案SEALED EXHIBIT by Plaintiff CAO Group, Inc. Exhibit 1 from June 27, 2024 Default Judgment Hearing (Haque, Sameeul) (Entered: 06/27/2024)
法院作出缺席判决MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 6/27/24 via WebEx video conference. No Defendant appeared. The Court granted Plaintiff's oral motion to seal the hearing, finding good cause in light of the sensitive information discussed, including confidential settlement information. The Court heard argument from Plaintiff's counsel and testimony from Dr. Cao on the justification for Plaintiff's requested damages, including its request for a reasonable royalty award of $500,000 per defendant, transaction costs, treble damages, and attorneys' fees. Plaintiff's motion for entry of default and default judgment as to all defendants 33 is granted. Based on its review of Plaintiff's briefing, as well as testimony, evidence, and argument presented at the hearing, the Court finds, pursuant to 35. U.S.C § 284, that Plaintiff is entitled to damages in the amount of $1,003,846.15 per defaulting defendant, which includes $500,000.00 per defendant as expected reasonable royalty for the subject patents, $3,846.15 in expected transaction costs per defendant, and enhanced damages for willful infringement of $500,000.00 per defendant. The Court notes that, although Plaintiff requested trebling its damages award as enhanced damages, the Court has discretion under 35. U.S.C § 284 to determine the amount of enhanced damages, if any. See Halo Elecs., Inc. v. Pulse Elecs., Inc., 579 U.S. 93, 104 (2016) ("District courts enjoy discretion in deciding whether to award enhanced damages, and in what amount."). Based on its review of the record, the Court finds enhanced damages of $500,000, or doubling the amount of the reasonable royalty award, is appropriate based on Defaulting Defendants' willful infringement. Finally, the Court awards Plaintiff's counsel attorneys' fees of $28,708.08, to be divided amongst all thirteen (13) Defaulting Defendants ($2,208.31 per Defaulting Defendant). Plaintiff is directed to submit a proposed final judgment order in Microsoft Word format to the Court's proposed order email inbox. Civil case terminated. (ca, ) (Entered: 06/27/2024)
案件结案Notice of Compliance by CAO Group, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lee, Nicholas) (Entered: 05/29/2024)
MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for default judgment 33 is set for hearing on 06/27/24 at 10:00 a.m. by WebEx video conference, at which time Plaintiff should be prepared to address the support for its requested award of $500,000 in reasonable royalty damages per defendant, as well as its request for additional transaction costs and attorneys' fees. The dial-in number for the public is: 650-479-3207; access code is: 23173093694. The parties will receive a WebEx invitation by email. Defendants shall have until 06/25/24 to file an appearance or objection to entry of default. Defendants' failure to appear at the hearing will result in the entry of default judgment against Defendants. Plaintiff shall promptly serve their motion for default judgment and a copy of this minute entry on Defendants. Plaintiff shall also promptly file a certificate of service, confirming they have served Defendants with notice of the motion and hearing. (ca, ) (Entered: 05/29/2024)
原告申请缺席判决MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Plaintiff's status report 32 . By 6/7/2024, if no motion for default judgment has been filed, Plaintiff shall file a further joint status report to update the Court on the status of the case and whether Plaintiff intends to proceed with default judgment. (ca, ) (Entered: 05/24/2024)
法院作出缺席判决MEMORANDUM by CAO Group, Inc. in support of motion for default judgment 33 (Attachments: # 1 Declaration of Nicholas S. Lee, # 2 Declaration of Dr. Densen Cao)(Haque, Sameeul) (Entered: 05/24/2024)
法院作出缺席判决MOTION by Plaintiff CAO Group, Inc. for default judgment as to All Defendants (Attachments: # 1 Exhibit A)(Haque, Sameeul) (Entered: 05/24/2024)
法院作出缺席判决STATUS Report by CAO Group, Inc. (Haque, Sameeul) (Entered: 05/23/2024)
MINUTE entry before the Honorable Nancy L. Maldonado: The Court entered a preliminary injunction on 3/27/2024 but Plaintiff has taken no further action in this case. By 5/23/2024, Plaintiff shall file a status report updating the Court on the status of the case and whether Plaintiff intends to move for default. Failure to file a status report will result in the case being dismissed. (ca, ) (Entered: 05/16/2024)
NEW PARTIES: Mfiajumall1019, mydenshine888, bussareps, amazingshop888, superdealsupplier, dentalmedvip66, fairwholesaleshop, schicelie, topwholesale99, easydeal999, bestmall66, jxauto1 and mulaechic added to case caption. (Lee, Nicholas)
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 3/27/2024.(ca, ) (Entered: 03/27/2024)
法院批准初步禁令MINUTE entry before the Honorable Nancy L. Maldonado:The Court set a 3/26/2024 deadline for Defendants to appear and respond to the motion for preliminary injunction, but no defendant has appeared or otherwise objected to Plaintiff's motion. Plaintiff's motion for preliminary injunction 25 is therefore granted as unopposed. Enter Preliminary Injunction order. The Clerk is requested to unseal Plaintiff's Amended Schedule A to the Amended Complaint 3, and the temporary restraining order 19 . Plaintiff's counsel is directed to ensure that the defendants listed on Amended Schedule A are added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Courts website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. (ca, ) (Entered: 03/27/2024)
法院批准初步禁令CERTIFICATE of Service by Plaintiff CAO Group, Inc. regarding text entry,, 27 (Attachments: # 1 Exhibit A)(Haque, Sameeul) (Entered: 03/13/2024)
MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for preliminary injunction 25 . Plaintiff shall promptly file a certificate of service confirming that it has served Defendants with the motion for preliminary injunction, memorandum in support of the motion, and a copy of this minute order. Defendants shall have until 3/26/24 to appear and object to the entry of a preliminary injunction. If no such objection is filed, the preliminary injunction may be entered. (ca, ) (Entered: 03/13/2024)
法院批准初步禁令MEMORANDUM by CAO Group, Inc. in support of motion for preliminary injunction 25 (Attachments: # 1 Declaration of Sameeul Haque, # 2 Exhibit 1)(Haque, Sameeul) (Entered: 03/12/2024)
法院批准初步禁令MOTION by Plaintiff CAO Group, Inc. for preliminary injunction (Attachments: # 1 Exhibit A)(Haque, Sameeul) (Entered: 03/12/2024)
法院批准初步禁令SUMMONS Returned Executed by CAO Group, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A on 3/12/2024, answer due 4/2/2024. (Attachments: # 1 Declaration of Kathryn Smith, # 2 Exhibit A)(Haque, Sameeul) (Entered: 03/12/2024)
MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for a 14-day extension of the TRO 21 is granted for the reasons stated in the accompanying memorandum. The TRO is extended until 3/14/2024. Mailed notice. (kp, ) (Entered: 02/29/2024)
法院批准TROMEMORANDUM by CAO Group, Inc. in support of motion for miscellaneous relief 21 (Attachments: # 1 Declaration of Sameeul Haque)(Haque, Sameeul) (Entered: 02/28/2024)
MOTION by Plaintiff CAO Group, Inc. for Extension of Temporary Restraining Order (Haque, Sameeul) (Entered: 02/28/2024)
法院批准TROSURETY BOND in the amount of $ 13,000 posted by CAO Group, Inc. (Document not Imaged) (Entered: 02/16/2024)
SEALED Temporary Restraining Order. Signed by the Honorable Nancy L. Maldonado on 2/15/2024.(ca, ) (Entered: 02/15/2024)
法院批准TROMINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, 15 and motion for electronic service of process 17, are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying the individuals and entities operating Defendant, stopping Defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. The Court also notes that, while some judges in this district, including the undersigned, have questioned the propriety of joinder of numerous defendants in such "Schedule A" cases, the Court finds that there are sufficient facts in the record to support joinder of the 13 named defendants in the Amended Schedule A at this time. The record reflects the Defendants each sell an identical product with similar descriptions, all on the same two commerce platforms. The Court thus finds joinder appropriate at least at this early pleading stage. If any defendant appears, they are free to raise any objection to joinder. Plaintiff shall deposit with the Clerk of Court thirteen thousand dollars ($13,000.00), either cash or surety bond, as security. (ca, ) (Entered: 02/15/2024)
法院批准TROMEMORANDUM by CAO Group, Inc. in support of motion for temporary restraining order 15 (Attachments: # 1 Declaration of Nicholas S. Lee, # 2 Exhibit 1)(Haque, Sameeul) (Entered: 02/14/2024)
法院批准TROMOTION by Plaintiff CAO Group, Inc. for temporary restraining order (Haque, Sameeul) (Entered: 02/14/2024)
法院批准TROMEMORANDUM order on motion for miscellaneous relief,,,, text entry,,, 10 by CAO Group, Inc. Regarding Joinder (Haque, Sameeul) (Entered: 02/13/2024)
SEALED DOCUMENT by Plaintiff CAO Group, Inc. (Attachments: # 1 Amended Schedule A, # 2 Exhibit 1A, # 3 Exhibit 1B, # 4 Exhibit 1C, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 7)(Bishop, Edward) (Entered: 02/12/2024)
AMENDED complaint by CAO Group, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A (Attachments: # 1 Schedule A (Redacted), # 2 Exhibit 1 (Redacted), # 3 Exhibit 2 (Redacted), # 4 Exhibit 3 (Redacted), # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7 (Redacted))(Bishop, Edward) (Entered: 02/12/2024)
查看公开文件 ↗MAILED patent report to Patent Trademark Office, Alexandria VA (rp, ) (Entered: 02/02/2024)
MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion to file under seal 3 is granted for the reasons stated in the motion. Upon review of the Schedule A of defendants, it appears Plaintiff is attempting to assert claims against 76 different named defendants. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. The P'ships & Uninc. Ass'ns Identified on Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder of all 76 defendants by 02/23/24. By the same deadline, Plaintiff may file an amended complaint with a subset of the defendants along with a memo explaining why joinder of those defendants is proper. (ca, ) (Entered: 02/02/2024)
ATTORNEY Appearance for Plaintiff CAO Group, Inc. by Sameeul Haque (Haque, Sameeul) (Entered: 02/01/2024)
ATTORNEY Appearance for Plaintiff CAO Group, Inc. by Benjamin Adam Campbell (Campbell, Benjamin) (Entered: 02/01/2024)
ATTORNEY Appearance for Plaintiff CAO Group, Inc. by Nicholas S. Lee (Lee, Nicholas) (Entered: 02/01/2024)
Notice of Claims Involving Patents or Trademarks by CAO Group, Inc. (Bishop, Edward) (Entered: 02/01/2024)
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CAO Group, Inc. (Bishop, Edward) (Entered: 02/01/2024)
SEALED DOCUMENT by Plaintiff CAO Group, Inc. (Attachments: # 1 Schedule A, # 2 Exhibit 1A, # 3 Exhibit 1B, # 4 Exhibit 1C, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 7)(Bishop, Edward) (Entered: 02/01/2024)
MOTION by Plaintiff CAO Group, Inc. for Leave to File Under Seal (Bishop, Edward) (Entered: 02/01/2024)
CIVIL Cover Sheet (Bishop, Edward) (Entered: 02/01/2024)
COMPLAINT filed by CAO Group, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21591676. (Attachments: # 1 Schedule A (Redacted), # 2 Exhibit 1 (Redacted), # 3 Exhibit 2 (Redacted), # 4 Exhibit 3 (Redacted), # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7 (Redacted))(Bishop, Edward) (Entered: 02/01/2024)
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