Lovitedo LLC v. Partnerships and Unincorporated Associations Identified on Schedule A

MINUTE entry before the Honorable Manish S. Shah: The motions to file under seal [5] [12] are granted in part, denied in part. The court will not seal Exhibit 1 to the Complaint, [3], or the patent owner's declaration, [10], because the patent is a public record, and this court does not agree that plaintiff should keep secret its use of the courts or its ownership of the patent in suit. Schedule A [2] and Exhibit 2 [4] may be sealed because if the specific defendants were alerted to this case, they may take steps to defeat plaintiff's effort to enforce the patent. The motion for an ex parte TRO and alternative service of process [8] [13] are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court finds that security in the amount of $79,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance on 7/16/24 is necessary. Notices mailed.

NOTICE of Motion by Sarah Louise Boone for presentment of motion for miscellaneous relief[13], motion to seal document[12], motion for temporary restraining order[8], motion to seal document[5] before Honorable Manish S. Shah on 7/16/2024 at 09:45 AM.

DECLARATION of Sarah L. Boone regarding motion for temporary restraining order[8]

MEMORANDUM by Lovitedo LLC in support of motion for temporary restraining order[8]

MOTION by Plaintiff Lovitedo LLC for temporary restraining order including a temporary injunction, a temporary asset restraint, and expedited discovery