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Entered | Case | Description |
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11/07/24 | MAILED Patent report to Patent Trademark Office, Alexandria VA (nsf, ) (Entered: 11/07/2024) | |
11/07/24 | CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 1). (dec, ) (Entered: 11/07/2024) | |
11/07/24 | 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. (dec, ) (Entered: 11/07/2024)] | |
11/04/24 | MINUTE entry before the Honorable Sara L. Ellis: The Court sets the following briefing schedule on Plaintiff's motion to dismiss [80] : Defendants' responses are due by 11/29/2024 and Plaintiff's replies are due by 12/13/2024. The Court grants Plaintiff's motion for default and default judgment [76] . The Court sets a ruling date on Plaintiff's motion to dismiss [80] for 2/11/2025 at 9:30 a.m. on Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 11/04/2024) | |
10/09/24 | ENTERED JUDGMENT Mailed notice(gel, ) (Entered: 10/09/2024) | |
10/08/24 | MINUTE entry before the Honorable John Robert Blakey: On 10/1/24, this Court dismissed Plaintiffs' complaint for lack of venue and lack of personal jurisdiction over the named Defendant. See [7] . At that time, the Court granted Plaintiffs leave to amend, to the extent they could allege facts demonstrating that venue remains proper here and that this Court may properly exercise personal jurisdiction over Defendant based upon complaints made to Amazon about Plaintiffs' online sales activities. Id. Plaintiffs have amended, but their amended complaint still fails to provide a basis for exercising personal jurisdiction over Defendant and still fails to allege facts showing that venue is proper here. None of the named parties has any contact with Illinois or this District other than perhaps the maintenance of websites accessible here. And, at its core, Plaintiffs' case remains predicated about complaints made by a Chinese company to Amazon about sales from other foreign companies. None of the events giving rise to this action occurred in this district. As a result, the Court dismisses Plaintiffs' second amended complaint [8] , denies Plaintiffs' motion for a temporary restraining order, and strikes the 10/9/24 Notice of Motion date. Additionally, because further amendment would be futile, the Court dismisses this case. Civil case terminated. Mailed notice (gel, ) (Entered: 10/08/2024) | |
08/26/24 | MOTION by Plaintiffs Shenzhen Hanting Technology Co. Ltd., Shenzhen Kangdi Electronic & Plastic Co. Ltd., Shenzhen MeiFen Technology Co., Ltd., WenZhou XiongCai Trading Co., Ltd., Yong Kang Shichenghe Fitness Equipment Business Co., Ltd., YueQing XinGuang Plastics Co., Ltd., Yueqing Xinguang-Xiong Liang for attorney fees (Attachments: # 1 Declaration Ni, # 2 Declaration Najera, # 3 Exhibit A)(Najera, Nicholas) (Entered: 08/26/2024) | |
08/05/24 | CONSENT JUDGMENT: THIS COURT HEREBY FINDS that it has personal jurisdiction over Defendant since Defendant directly its business activities towards consumers in the United States, including New York. Specifically, Defendant has targeted sales to New York residents by setting up and operating e-commerce stores that target United States consumers using one or more seller aliases, offer shipping to the United States, including New York, accept payment in U.S. dollars and/or funds from U.S. bank accounts, and have sold products that infringe Plaintiffs patent, registered under United States Patent No. 0931,947 S ("the '947 Patent"), to residents of New York. THIS COURT FURTHER FINDS that Defendant is liable for willful patent infringement (35 U.S.C. § 271, et seq.). IT IS HEREBY ORDERED that: 1. Defendant, its officers, agents, servants, employees, attorneys, and all persons acting for, with, by, through, under or in active concert with them be permanently enjoined and restrained from: a. Making, using, selling, offering for sale, or importing the unauthorized products that infringe the '947 Patent, or any similar product that infringes the ' 947 Patent,without the express authorization of Plaintiff; b. Inducing or contributing to infringement of the '947 Patent by others, including but not limited to enabling, assisting, or encouraging others to make, use, sell, offer for sale, or import the unauthorized products that infringe the '947 Patent; c. Engaging in any act that infringes the '947 Patent or contributing to such infringement, thereby damaging Plaintiffs patent rights and its associated goodwill; d. Manufacturing, distributing, advertising, or holding for sale any products not authorized by Plaintiff that infringe on the '947 Patent, or assisting others in such activities. 2. Pursuant to the parties' settlement agreement, Defendant shall pay Plaintiff $260,000.00 or the maximum amount withheld by Amazon in damages (hereinafter collectively referred to as "Damages Amounts"). Defendant, 91UOOM INC., hereby relinquishes any interest in the Damages Amounts. 3. Amazon.com, Inc. ("Amazon") is ordered to transfer the Damages Amounts from Defendant's accounts to Plaintiff within seven (7) calendar days of receipt of this Order. 4. Upon Amazon's transfer of the Damages Amounts to Plaintiff pursuant to paragraph 2, Amazon shall remove the following ASIN: As further set forth by this Order. 5. This case is dismissed with leave to reinstate within one hundred and eighty (180) days, at such time, absent a motion to reinstate, shall automatically convert to a dismissal with prejudice. 6. Each party shall bear its own attorney's fees and costs. IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/2/2024) (tg) Modified on 8/5/2024 (tg). (Entered: 08/05/2024) | |
07/30/24 | MINUTE entry before the Honorable John F. Kness: In-person motion hearing held 7/29/2024. For the reasons stated on the record, Defendant Melliflo's second motion to dismiss 68 is denied. Defendant Melliflo's first motion to dismiss 53 is dismissed as moot. Plaintiff's motion for preliminary injunction 20 is granted in part as to Defendant Melliflo. The asset restraint, as to Defendant Melliflo only, is dissolved. Counsel for Plaintiff is directed to provide an amended proposed preliminary injunction order to the Court for consideration and entry. Mailed notice. (exr, ) (Entered: 07/30/2024) | |
07/01/24 | FULL SATISFACTION of Judgment regarding order 64 in the amount of the Judgment Amount as to certain defendants (Boone, Sarah) (Entered: 07/01/2024) |