Zhihua Wu v. fujianshengfusixianshangmaoyouxiangongsi et al

MINUTE entry before the Honorable Heather K. McShain: For good cause shown, the parties' joint motion to stay [83] is granted. All deadlines and hearings before the undersigned, including the off-the-record telephone conference set for 04/09/2026 at 8:30 a.m. [82], are stricken based on the parties' representation that the parties have reached a settlement. By 05/08/2026, the parties shall file either a stipulation to dismiss before the District Judge or a status report on settlement before the undersigned. Nothing in this order affects any dates set by Judge Harjani.

MOTION by Plaintiff Zhihua Wu to stay (Joint) Presented before Magistrate Judge

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice.

MINUTE entry before the Honorable Sunil R. Harjani: Defendant's motion to dismiss for lack of personal jurisdiction [26] is denied. Defendant only makes only one argument that personal jurisdiction under FRCP 4(k)(2) is inappropriate in this case [26-1]. Incidentally, Plaintiff agrees and does not assert personal jurisdiction on that basis, but based on sales of the alleged infringing product through Amazon.com that were offered, sold, and shipped to an address in Chicago, Illinois. [9, 3]. Evidence of those sales can be found at Exhibit 2 to the Amended Complaint [9]. That is sufficient to establish specific jurisdiction under this Circuit's precedent. See NBA Props., Inc. v. HANWJH, 46 F.4th 614, 624 (7th Cir. 2022) (affirming finding of personal jurisdiction where the party "established an online store, using a third-party retailer, Amazon.com," "asserted a willingness to ship goods to Illinois," and "intentionally shipp[ed] an infringing product to the customer's designated Illinois address"). While Defendants may have its place of business in China, the State of Illinois has an interest in ensuring that a U.S. patent is protected against infringement in the Illinois market, and also has an interest in protecting its consumers from purchasing alleged infringed products. See also Manchester United Football Club, Ltd. v. Schedule A, 2024 WL 5202272 (N.D. Ill. Dec. 23, 2024). Defendants availed itself of the Illinois market in offering and shipping products to this forum, and because of that purposeful direction that are directly related to this suit, it is subject to jurisdiction in Illinois. In reply, Defendant provides no response to this argument and the evidence provided on sales and shipment to Illinois. Instead, he pivots to other, new arguments about improper conduct by Plaintiff. A reply brief is not the appropriate place to raise new contentions. See Dexia Credit Local v. Rogan, 629 F.3d 612, 625 (7th Cir. 2010) ("[A]rguments raised for the first time in a reply brief are waived."); Multi-Ad Servs., Inc. v. NLRB, 255 F.3d 363, 370 (7th Cir. 2001) ("It is well-settled that parties may not raise new arguments or present new facts for the first time in reply."). Personal jurisdiction exists, on review of the Complaint's allegations and exhibits, and the motion is denied. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Motion hearing held. For the reasons stated on the record, Defendants' motion to vacate the preliminary injunction [28] is granted. The Court's order in docket no. 20 granting the preliminary injunction is vacated. The Court finds that there is a substantial question as to the likelihood of success on the validity of the patent based on the three prior art provided by Defendant, namely the CN824 patent, the '169 Mark, and the Douyin shoe on sale in 2021, before Plaintiff's patent was issued in 2022. Furthermore, the Court finds that, applying the ordinary observer test, and viewing the overall ornamental visual impression of the accused product versus the patented product, there is a substantial question as to the likelihood of success on infringement. The visual design differences between the patented design and Defendants' product demonstrate to the Court, at this preliminary stage, that the ordinary observer could distinguish between the designs of the two products and would not be deceived into believing that the accused product is the same as the patented design. For example, the three nobes or notches/shoe lace line on the front of the upper of the patented design is absent from Defendants' products [28]. The shoe lace line is much shorter/narrower in Defendants' products [46]. The striped design is also more prominent in Plaintiff's patent and extends to the upper front part of the shoe, unlike Defendants' products. For these reasons, again as further explained on the record, the Court grants the motion and vacates the preliminary injunctions issued as to Defendants fujianshengfusixianshangmaoyouxiangongsi, fujianprovance 9457trading co. ltd. and quanzhounuodaodianzishangwuhehuoqiye. Plaintiff is ordered to send a copy of this Court's order to Amazon by 5/1/25 at 5:00 p.m. so that the accounts or ASIN numbers that were restrained by this Court's prior order are vacated. The parties are ordered to file a joint initial status report by 5/14/25. Motion [27] is stricken as duplicative of motion [28]. Tracking status set for 5/21/2025 at 9:15 a.m. by telephone. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Motion by Timothy T. Wang to withdraw as counsel for certain defendants [43] is granted. Mailed notice

MOTION by Attorney Timothy T. Wang to withdraw as attorney for fujianprovance 9457trading co. ltd., fujianshengfusixianshangmaoyouxiangongsi, quanzhounuodaodianzishangwuhehuoqiye.

TRANSMITTED to the Federal Circuit the short record on notice of appeal [36]. Notified counsel.

NOTICE of Correction regarding [40].

TRANSMITTED to the 7th Circuit the short record on notice of appeal [36]. Notified counsel.

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal [36].

MINUTE entry before the Honorable Sunil R. Harjani: The Court amends the briefing schedule on the pending motions from defendants [26] [27] [28]. Defendants' reply brief is now due 4/28/25. Motion hearing and ruling via videoconference is scheduled for 4/30/25 at 10:00 a.m. The Court does not permit the use of cell phones for the videoconference. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (312) 646-0998 and the access code is 219 229 362#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

ANSWER to amended complaint, COUNTERCLAIM filed by quanzhounuodaodianzishangwuhehuoqiye, fujianshengfusixianshangmaoyouxiangongsi, fujianprovance 9457trading co. ltd. against Zhihua Wu. by quanzhounuodaodianzishangwuhehuoqiye, fujianshengfusixianshangmaoyouxiangongsi, fujianprovance 9457trading co. ltd.

NOTICE of appeal by fujianprovance 9457trading co. ltd., fujianshengfusixianshangmaoyouxiangongsi, quanzhounuodaodianzishangwuhehuoqiye regarding orders [20] Filing fee $ 605, receipt number BILNDC-23371925. Receipt number: n

MINUTE entry before the Honorable Sunil R. Harjani: Telephonic status hearing held. Counsel reported parties have met and conferred and unable to reach an agreement at this time. Defendants' motion to dismiss [26] and vacate preliminary injunction [27][28] are briefed as follows: Plaintiffs' response is due 4/24/025. Defendants' reply brief is due 5/2/2025. The Court will issue a written ruling via CM/ECF. The parties will continue to meet and confer in an effort to reach a resolution and will notify the Courtroom Deputy if they come to an agreement to vacate the briefing schedule. Mailed notice

SUPPLEMENT to motion to amend/correct, [28] Motion to Vacate Preliminary Injunction

STATUS Report (Joint) by Zhihua Wu

STATUS Report by fujianprovance 9457trading co. ltd., fujianshengfusixianshangmaoyouxiangongsi, quanzhounuodaodianzishangwuhehuoqiye

MINUTE entry before the Honorable Sunil R. Harjani: Motion hearing set for 4/9/25 is stricken and reset to 4/17/25 at 9:15 a.m. by telephone (call-in number the same). The Court has reviewed the pending motions [26], [27] and [28] and orders the parties to meet and confer and attempt to resolve this case. In the Court's experience, these cases can often be resolved by the parties, rather than spending additional time and effort briefing three motions. If needed, the Court will enter a briefing schedule on 4/17/25 but the Court prefers that the attorneys communicate, exchange demands and responses, and file a status report by 4/15/25 as to their settlement efforts. Mailed notice.

REGISTRY Deposit Information Form byZhihua Wu. (Envelope Postmarked 4/1/2025) (Received by mail in the Clerk's Office on 4/2/2025)

BOND in the amount of $ 10,000.00 cashiers check receipt 100018340 posted by Zhihua Wu

MINUTE entry before the Honorable Sunil R. Harjani: Motion hearing on Defendants' Motion to Dismiss for Lack of Personal Jurisdiction [26] and Defendants' Motion to Vacate the Preliminary Injunction [[27], [28]] is set for 4/9/2025 at 9:45 a.m. by telephone. Plaintiff need not file the status report due 4/9/2025. Counsel must dial-in for this hearing. The call-in number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

MOTION by Defendants fujianprovance 9457trading co. ltd., fujianshengfusixianshangmaoyouxiangongsi, jinjiangshizimaozhenliuqianbingxiefushangdian to amend/correct MOTION by Defendants fujianprovance 9457trading co. ltd., fujianshengfusixianshangmaoyouxiangongsi, quanzhounuodaodianzishangwuhehuoqiye to vacate preliminary injunction[20] [27], preliminary injunction[20]

MOTION by Defendants fujianprovance 9457trading co. ltd., fujianshengfusixianshangmaoyouxiangongsi, quanzhounuodaodianzishangwuhehuoqiye to vacate preliminary injunction[20]

MOTION by Defendants quanzhounuodaodianzishangwuhehuoqiye, fujianshengfusixianshangmaoyouxiangongsi, fujianprovance 9457trading co. ltd. to dismiss for lack of jurisdiction

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff did not post the $10,000 bond by 3/27/2025 as ordered by the Court. See Doc. 13. Plaintiff shall forthwith post the required $10,000 bond with the Clerk of the Court. Mailed notice

SUMMONS - ERROR UNPROCESSED due to Summons must be issued to the parties identified in Paragraph 7 of the TRO.

ATTORNEY Appearance for Defendants fujianprovance 9457trading co. ltd., fujianshengfusixianshangmaoyouxiangongsi by Lance Y. Liu

ATTORNEY Appearance for Defendants quanzhounuodaodianzishangwuhehuoqiye, jinjiangshizimaozhenliuqianbingxiefushangdian by Lance Y. Liu

SUMMONS Submitted (Court Participant) for defendant(s) fujianshengfusixianshangmaoyouxiangongsi, quanzhounuodaodianzishangwuhehuoqiye (youxianhehuo), and fujianprovance 9457trading co. ltd. by Plaintiff Zhihua Wu

SUMMONS Submitted (Court Participant) for defendant(s) fujianshengfusixianshangmaoyouxiangongsi; quanzhounuodaodianzishangwuhehuoqiye; fujianprovance9457trading co. ltd. by Plaintiff Zhihua Wu

SUMMONS - ERROR UNPROCESSED due to Paper issuance form should not be used for electronic issuance and case caption on Summons form must match the caption on the Amended Complaint.

PRELIMINARY INJUNCTION Order. Signed by the Honorable Sunil R. Harjani on 3/27/2025. Mailed notice.

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [14] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [17] that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 3/27/2025 is stricken. By the close of business on 3/26/2025, Plaintiff shall submit a proposed preliminary injunction order to the Court's proposed order inbox for entry. Plaintiff shall file a status report with an update on the case by 4/9/2025. Mailed notice.

ATTORNEY Appearance for Defendants fujianprovance 9457trading co. ltd., fujianshengfusixianshangmaoyouxiangongsi, quanzhounuodaodianzishangwuhehuoqiye by Timothy Tiewei Wang

CERTIFICATE of Service by Huicheng Zhou on behalf of Zhihua Wu

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 14 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by 3/25/2025." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 3/25/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon all defendants within one business day of its entry on the docket and must promptly file proof of that service. The telephone status hearing set for 3/27/2025 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice. (jn,)

MEMORANDUM by Zhihua Wu in support of motion for preliminary injunction 14

MOTION by Plaintiff Zhihua Wu for preliminary injunction

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 3/13/2025. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 10 is granted. For the purpose of the TRO motion, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. Further, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit products, and 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 1:00 p.m. on 3/13/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 3/20/2025. Telephone status hearing is set for 3/27/2025 at 9:15 a.m. The call-in number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

MEMORANDUM by Zhihua Wu in support of motion for temporary restraining order 10

MOTION by Plaintiff Zhihua Wu for temporary restraining order

AMENDED complaint by Zhihua Wu against fujianprovance 9457trading co. ltd., fujianshengfusixianshangmaoyouxiangongsi, quanzhounuodaodianzishangwuhehuoqiye and terminating jinjiangshizimaozhenliuqianbingxiefushangdian and shishishigedixinxikejiyouxiangongsi

MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder 7 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of defendants jinjiangshizimaozhenliuqianbingxiefushangdian and shishishigedixinxikejiyouxiangongsi, two of the five defendants, is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"). Plaintiff has submitted evidence of an overlap of shareholders between defendants fujianshengfusixianshangmaoyouxiangongsi, quanzhounuodaodianzishangwuhehuoqiye, and fujianprovance 9457trading co. ltd., which combined with the other evidence cited in plaintiff's memorandum, establishes a logical relationship among these three defendants. See Doc. 1-1, ¶ 5. However, the Court observes that plaintiff's memorandum includes a fair amount of conclusory language about a logical relationship between defendants jinjiangshizimaozhenliuqianbingxiefushangdian and shishishigedixinxikejiyouxiangongsi and the other three defendants but not much, if any, facts to actually support that relationship. Beyond alleging that the five defendants are infringing upon plaintiff's design patent, plaintiff claims generally that joinder is proper because, inter alia, defendants are "located in the same geographical region in China, share identifiers in their online stores, [and] sell[] similar and even identical items" including that the "tabs on the tongues of their products' shoes are almost identical in design." Doc. 7 at 5, 8. Plaintiff has not met its burden of demonstrating that joinder of defendants jinjiangshizimaozhenliuqianbingxiefushangdian and shishishigedixinxikejiyouxiangongsi is proper. First, plaintiff has not offered any evidence that defendants jinjiangshizimaozhenliuqianbingxiefushangdian and shishishigedixinxikejiyouxiangongsi are related to the other three defendants just because of their geographical proximity in Fujian, China. Fujian Providence has a population of approximately 41 million people and exported $182 billion dollars of goods in 2024, the 6th largest exporter out of the 31 provinces in China. See https://worldpopulationreview.com/regions/fujian; https://oec.world/en/profile/subnational_chn/fujian-province. Plaintiff's claim that defendants jinjiangshizimaozhenliuqianbingxiefushangdian and shishishigedixinxikejiyouxiangongsi must be related to the other three defendants because they are all located in Fujian, China is thus not plausible. Second, plaintiff claims defendants' online stores "use[] similar and even identical product descriptions and images." Doc. 7 at 4. But plaintiff's memorandum provides no specific examples of such "similar and even identical product descriptions and images" that might in fact support joinder of defendants jinjiangshizimaozhenliuqianbingxiefushangdian and shishishigedixinxikejiyouxiangongsi. Moreover, "defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere." Estee Lauder Cosms. Ltd., et al. v. The P'ships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) (Doc. 40 at 9); see also Estee Lauder, 334 F.R.D. at 188. Finally, plaintiff claims the almost identical design of the tabs on the tongues of defendants' products supports an inference that they are from a common manufacturer. Even if the counterfeit products are originating from a common manufacturer as plaintiff alleges, this reveals little about a relationship between defendants jinjiangshizimaozhenliuqianbingxiefushangdian and shishishigedixinxikejiyouxiangongsi and the other three defendants. Viking Arm AS v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024) (the fact that "defendants likely use the same manufacturer to procure certain parts. [is a] coincidentally identical fact[] that reflect[s] the way these internet webstores tend to operate, not that all defendants are part of a network of infringers.") (internal quotes and citation omitted). Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joining defendants jinjiangshizimaozhenliuqianbingxiefushangdian and shishishigedixinxikejiyouxiangongsi in this lawsuit is proper. Accordingly, plaintiff's motion for temporary restraining order 4 is denied without prejudice. Plaintiff is granted leave to file an amended complaint with only defendants fujianshengfusixianshangmaoyouxiangongsi, quanzhounuodaodianzishangwuhehuoqiye, and fujianprovance 9457trading co. ltd. by 3/12/2025. H-D U.S.A. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 2021 WL 780486, at *2 (Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). Mailed notice

MEMORANDUM by Zhihua Wu in support of Joinder

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's ex parte motion for temporary restraining order 4 is entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of five defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 2/28/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joining all five defendants in this case in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice

MEMORANDUM by Zhihua Wu in support of motion for temporary restraining order 4

MOTION by Plaintiff Zhihua Wu for temporary restraining order

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.

CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1).

ATTORNEY Appearance for Plaintiff Zhihua Wu by Huicheng Zhou

CIVIL Cover Sheet

COMPLAINT filed by Zhihua Wu; Filing fee $ 405, receipt number AILNDC-23092540.