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Entered | Case | Description |
|---|---|---|
| 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) | |
| 05/09/24 | AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 5/8/2024 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (ate) (Entered: 05/09/2024) | |
| 05/09/24 | CONSENT JUDGMENT: THIS COURT FURTHER FINDS that Defendant is liable for willful patent infringement (35 U.S.C. § 271, et seq.). IT IS HEREBY ORDERED that: Pursuant to the parties' settlement agreement, Defendant shall pay Plaintiff the following amounts in damages: YYQXWY - $40,000.00. ZIYANGWENG INC. - $80,000.00. Amazon.com, Inc. ("Amazon") is ordered to transfer the Damages Amounts from Defendant's accounts to Plaintiff within seven (7) calenda1 days of receipt of this Order. 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. The motion to seal docketed at ECF No. 13 is GRANTED. (Signed by Judge Andrew L. Carter, Jr on 5/8/2024) (ate) Transmission to Finance Unit (Cashiers) for processing. (Entered: 05/09/2024) | |
| 05/09/24 | CONSENT JUDGMENT: THIS COURT FURTHER FINDS that Defendant is liable for willful patent infringement (35 U.S.C. § 271, et seq.). IT IS HEREBY ORDERED that: Pursuant to the parties' settlement agreement, Defendant shall pay Plaintiff the following amounts in damages: YYQXWY - $40,000.00. ZIYANGWENG INC. - $80,000.00. Amazon.com, Inc. ("Amazon") is ordered to transfer the Damages Amounts from Defendant's accounts to Plaintiff within seven (7) calenda1 days of receipt of this Order. 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. The motion to seal docketed at ECF No. 13 is GRANTED. (Signed by Judge Andrew L. Carter, Jr on 5/8/2024) (ate) Transmission to Finance Unit (Cashiers) for processing. (Entered: 05/09/2024) | |
| 04/04/23 | CERTIFICATE OF SERVICE of REQUEST FOR CLERK CERTIFICATE OF DEFAULT and Support Affidavit served on Innifer, NUER NEW, Foliates, Xiying, juntianshangmaoyouxiangongsi, RUIMO on 04/04/2023. Document filed by Cuiping Zhou..(Lu, Ruixin) (Entered: 04/04/2023) | |
| 04/04/23 | FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Cuiping Zhou. (Attachments: # 1 Affidavit in Support of Request for Certificate of Default, # 2 Text of Proposed Order Proposed Clerk's Certificate of Default).(Lu, Ruixin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/4/2023 (km). (Entered: 04/04/2023) | |
| 04/04/23 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Ruixin Lu. RE-FILE Document No. 31 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The documents need to be filed separately Please refer to ECF Rule 16.1. Re-file the proposed clerk's certificate as one entry (Filed under Proposed Orders, Proposed Clerk's Certificate of default). The affidavit in support is filed as a separate entry. (Filed under other answers, affidavit in support of a non-motion. Your request to enter default can be filed as an attachment to the affidavit). (km) (Entered: 04/04/2023) | |
| 05/25/22 | AMENDED CASE OPENING ADMINISTRATIVE CLOSING ORDER: New civil actions filed electronically that contain the following deficiencies may be administratively closed without prejudice and summonses may not be issued unless the deficiency is corrected within five (5) days of electronic transmission by the Clerk of a Notice of Deficient Filing: The case initiating document contains the wrong document - an illegible or unreadable document or no document. Where a new civil action is administratively closed for a reason listed above and the party cures the deficiency within 60 days of the case closing, the party should seek to reopen the case by electronically filing a Notice of Application to Reopen Case through the ECF system. Such Notice shall describe the efforts to cure the deficiency and seek to reopen the case. The Clerk shall review such Notice and, if the deficiency is satisfactorily cured, reopen and randomly reassign the case. Applications to reopen such administratively closed cases filed after 60 days of closing must proceed by motion. Administrative Reopening due by 7/25/2022. (Signed by Judge Colleen McMahon on 1/14/2021) (sj) (Entered: 05/25/2022) | |
| 05/16/22 | Final Civil Docket 05-25-2022 | |
| 05/25/22 | Case Designated ECF. (sj) (Entered: 05/25/2022) |