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Entered | Case | Description |
|---|---|---|
| 01/25/23 | DEFAULT JUDGMENT ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for default judgment damages is GRANTED. IT IS FURTHER ORDERED that Plaintiff has a judgment against Defendants in the amount of $897,150. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to close the case and to terminate the open motions at Dkts. 16 and 58. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/25/2023) (tg) (Entered: 01/25/2023) | |
| 12/31/22 | CERTIFICATE OF SERVICE of Courts Order [Dkt. No. 62] served on Defendant Shenzhen Bali Electronic Technology Co., Ltd. Storefront and bad87hs Storefront on 12/28/2022. Service was made by via Amazon Buyer-Seller Messaging Service pursuant to Courts Order [Dkt. No. 14]. Document filed by Daka Research Inc...(Wang, Wei) (Entered: 12/31/2022) | |
| 12/28/22 | ORDER with respect to 58 Motion to Approve. IT IS HEREBY ORDERED that Defendants must file any response to the Motion not later than Friday, January 13, 2023, and Plaintiff must file any reply not later than Friday, January 20, 2023. Plaintiff is advised that it must seek permission from the Court for any extensions at least 48 hours before the deadline as set forth in the Undersigned's rules of practice, and that any untimely reply will not be considered. IT IS FURTHER ORDERED that the parties must appear for a conference regarding damages on Wednesday, January 25, 2023 at 11:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. IT IS FURTHER ORDERED that not later than Friday, December 28, 2022, Plaintiff must serve a copy of this Order on Defendants in compliance with the Court's alternative service order at Dkt. 14 and post proof of service on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/28/2022) (tg) (Entered: 12/28/2022) | |
| 12/28/22 | Set/Reset Deadlines as to 58 MOTION to Approve Plaintiff's request for damages .. Responses due by 1/13/2023 Replies due by 1/20/2023. Motion Hearing set for 1/25/2023 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (tg) (Entered: 12/28/2022) | |
| 12/27/22 | DECLARATION of Fuliang Tang in Support re: 58 MOTION to Approve Plaintiff's request for damages .. Document filed by Daka Research Inc...(Wang, Wei) (Entered: 12/27/2022) | |
| 12/27/22 | MEMORANDUM OF LAW in Support re: 58 MOTION to Approve Plaintiff's request for damages . . Document filed by Daka Research Inc...(Wang, Wei) (Entered: 12/27/2022) | |
| 12/27/22 | DECLARATION of Wei Wang in Support re: 58 MOTION to Approve Plaintiff's request for damages .. Document filed by Daka Research Inc...(Wang, Wei) (Entered: 12/27/2022) | |
| 12/27/22 | MOTION to Approve Plaintiff's request for damages . Document filed by Daka Research Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order).(Wang, Wei) (Entered: 12/27/2022) | |
| 11/22/22 | ORDER: IT IS HEREBY ORDERED that for the reasons stated at the hearing, not later than Friday, December 23, 2022, Plaintiff must provide evidence in support of any damages it seeks from Defendants by submitting a motion to the Court as set forth in Rule 4 of the Undersigned's local rules of civil practice. IT IS FURTHER ORDERED that Plaintiff must serve a copy of this order and its motion, including supporting papers, on Defendants in compliance with the Court's alternative service order, Dkt. 14, not later than Wednesday, December 28, 2022. SO ORDERED. ( Motions due by 12/23/2022.) (Signed by Judge Valerie E. Caproni on 11/22/2022) (tg) (Entered: 11/22/2022) | |
| 11/22/22 | DEFAULT JUDGMENT: IT IS HEREBY ORDERED that Plaintiff's Order to Show Cause Why Default Judgment and Permanent Injunction Should Not Be Entered is GRANTED in its entirety. Accordingly, this Court ORDERS that: 1. Defaulting Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be permanently enjoined and restrained from: a. from manufacturing, importing, advertising, promoting, offering to sell, selling, distributing, or transferring any products that infringing upon the '303 Patent; b. from secreting, concealing, destroying, selling off, transferring, or otherwise disposing of: (i) any Infringing Products; (ii) any evidence relating to the infringing activities; or (iii) any assets or other financial accounts subject to this Order, including inventory assets, in the actual or constructive possession of, or owned, controlled, or held by, or subject to access by, Defaulting Defendants, including, but not limited to, any assets held by or on behalf of Defaulting Defendants; c. from effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth in Subparagraphs (a) and (b). 2. Upon Plaintiff's request, any third party with actual notice of this Order who is providing services for the Defaulting Defendants, or in connection with Defaulting Defendants' Online Marketplace, including, without limitation, any online marketplace platform such as eBay Inc. ("eBay"), Amazon.com, Inc. ("Amazon") (collectively, the "Third Party Providers") shall within ten (10) business days after receipt of such notice disable and cease displaying any advertisements used by or associated with Defaulting Defendants in connection with the sale of infringing goods using the '303 Patent. 3. Plaintiff may serve this Order on Third Party Providers, including PayPal, Inc. ("PayPal"), and Amazon Pay, by e-mail delivery to the e-mail addresses Plaintiff used to serve the Final Default Judgment on the Third-Party Providers. 4. Any Third-Party Providers holding funds for Defaulting Defendants, including PayPal, and Amazon Pay, shall, within ten (10) business days of receipt of this Order, permanently restrain and enjoin any financial accounts connected to Defaulting Defendants' Seller Aliases or Online Marketplaces from transferring or disposing of any funds, up to the above identified damages award, or other of Defaulting Defendants' assets. 5. The Court's determination of Plaintiff's damages is held in abeyance pending submission of a separate motion by Plaintiff addressing damages, as set forth in Dkt. 57. 6. Until Plaintiff has recovered full payment of monies owed to it by Defaulting Defendants, Plaintiff shall have the ongoing authority to serve this Order on Third-Party Providers, including PayPal, and Amazon Pay, in the event that any new financial accounts controlled or operated by Defaulting Defendants are identified. Upon receipt of this Order, Third-Party Providers, including PayPal, and Amazon Pay, shall within ten (10) business days: a. locate all accounts and funds connected to Defaulting Defendants' Seller Aliases and Online Marketplaces, including, but not limited to, any financial accounts connected to the information listed in Complaint, and any e-mail addresses provided for Defaulting Defendants by third parties; and b. restrain and enjoin such accounts or funds from transferring or disposing of any money or other of Defaulting Defendants' assets. in favor of Daka Research Inc. against Shenzhen Bali Electronic Technology Co., Ltd. Storefront, bad87hs Storefront. (Signed by Judge Valerie E. Caproni on 11/22/2022) (tg) (Entered: 11/22/2022) |