Mossime

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Entered	Case	Description
10/23/24	E Link Plastic & Metal Industrial Co Ltd v. Entities Individuals 1:23-CV-16802 ( N.D. IL )	MODIFIED PRELIMINARY INJUNCTION ORDER ONLY AS TO DEFENDANT MOSSIME. Signed by the Honorable Sunil R. Harjani on 10/23/2024. Mailed notice(lxs, ) (Entered: 10/23/2024)
10/22/24	E Link Plastic & Metal Industrial Co Ltd v. Entities Individuals 1:23-CV-16802 ( N.D. IL )	MINUTE entry before the Honorable Sunil R. Harjani: Videoconference held. For the reasons stated on the record, Defendant's oral motion to modify the injunction order is granted. As to Defendant mossime, the asset restraint at Amazon is now limited to $200,000 and the ASIN account will remain frozen and unable to sell the accused product. As discussed on the record, a preliminary asset freeze cannot be imposed to preserve Plaintiff's ability to collect any judgment it later obtains. Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999). However, it is permissible to freeze defendants' assets to preserve Plaintiff's right to an equitable accounting of profits from sales of goods infringing on the patents. See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002); Lorillard Tobacco Co. v. Montrose Wholesale Candies, 2005 WL 3115892, at 13 (N.D. Ill. Nov. 8, 2005) (citations omitted). Given that Defendant mossime has appeared in this case through counsel, the Court finds it unnecessary to freeze the entire amount of Gross Market Value of sales proposed by Plaintiff, which amounts to over $500,000, as the risk of not receiving an accounting has been diminished. Defendant's motion to vacate preliminary injunction [68] is denied as moot. Counsel shall prepare a modified preliminary injunction order consistent with this Court's ruling to the Court's proposed order inbox (Proposed_Order_Harjani@ilnd.uscourts.gov). Plaintiff's motion to dismiss [82] is fully briefed and the Court will issue a written ruling. Discovery schedule and joint status report [76] [79] date shall stand. Mailed notice (lxs, ) (Entered: 10/22/2024) MINUTE entry before the Honorable Sunil R. Harjani: Videoconference held. For the reasons stated on the record, Defendant's oral motion to modify the injunction order is granted. As to Defendant mossime, the asset restraint at Amazon is now limited to $200,000 and the ASIN account will remain frozen and unable to sell the accused product. As discussed on the record, a preliminary asset freeze cannot be imposed to preserve Plaintiff's ability to collect any judgment it later obtains. Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999). However, it is permissible to freeze defendants' assets to preserve Plaintiff's right to an equitable accounting of profits from sales of goods infringing on the patents. See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002); Lorillard Tobacco Co. v. Montrose Wholesale Candies, 2005 WL 3115892, at 13 (N.D. Ill. Nov. 8, 2005) (citations omitted). Given that Defendant mossime has appeared in this case through counsel, the Court finds it unnecessary to freeze the entire amount of Gross Market Value of sales proposed by Plaintiff, which amounts to over $500,000, as the risk of not receiving an accounting has been diminished. Defendant's motion to vacate preliminary injunction [68] is denied as moot. Counsel shall prepare a modified preliminary injunction order consistent with this Court's ruling to the Court's proposed order inbox (Proposed_Order_Harjani@ilnd.uscourts.gov). Plaintiff's motion to dismiss [82] is fully briefed and the Court will issue a written ruling. Discovery schedule and joint status report [76] [79] date shall stand. Mailed notice (lxs, ) (Entered: 10/22/2024)
10/17/24	E Link Plastic & Metal Industrial Co Ltd v. Entities Individuals 1:23-CV-16802 ( N.D. IL )	REPLY by E-Link Plastic & Metal Industrial Co., Ltd. to response to motion, [86] (Lei, Ge) (Entered: 10/17/2024)
10/11/24	E Link Plastic & Metal Industrial Co Ltd v. Entities Individuals 1:23-CV-16802 ( N.D. IL )	RESPONSE by mossime to Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Renewed Motion by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to strike answer to complaint, counterclaim [75] Presented [82] (Wolfgram, Pete) (Entered: 10/11/2024)
10/10/24	E Link Plastic & Metal Industrial Co Ltd v. Entities Individuals 1:23-CV-16802 ( N.D. IL )	MINUTE entry before the Honorable Sunil R. Harjani: At counsel's request, videoconference set for 10/16/2024 is stricken and reset to 10/22/2024 at 11:00 a.m. Remainder of minute entry no. [84] , stands. Mailed notice (lxs, ) (Entered: 10/10/2024)
10/09/24	E Link Plastic & Metal Industrial Co Ltd v. Entities Individuals 1:23-CV-16802 ( N.D. IL )	MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the pending motion by Defendant Mossime to vacate the preliminary injunction [68] . The Court finds that it will need an evidentiary hearing to determine the credibility of the relevant witnesses about whether the purchase agreement is fabricated or authentic. The Court sets a status hearing to discuss the logistics for this evidentiary hearing by videoconference on 10/16/24 at 11:00 a.m. central. The parties should meet and confer prior to this status hearing to discuss a plan for the evidentiary hearing, and also discuss whether a resolution, such as a bond by defendant, would resolve the case and allow the asset freeze to be lifted by an agreed order modifying the injunction. The Court does not permit the use of cell phones for the videoconference. Details about the video link will follow from the Courtroom Deputy. Mailed notice (lxs, ) (Entered: 10/09/2024) MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the pending motion by Defendant Mossime to vacate the preliminary injunction [68] . The Court finds that it will need an evidentiary hearing to determine the credibility of the relevant witnesses about whether the purchase agreement is fabricated or authentic. The Court sets a status hearing to discuss the logistics for this evidentiary hearing by videoconference on 10/16/24 at 11:00 a.m. central. The parties should meet and confer prior to this status hearing to discuss a plan for the evidentiary hearing, and also discuss whether a resolution, such as a bond by defendant, would resolve the case and allow the asset freeze to be lifted by an agreed order modifying the injunction. The Court does not permit the use of cell phones for the videoconference. Details about the video link will follow from the Courtroom Deputy. Mailed notice (lxs, ) (Entered: 10/09/2024)
10/01/24	E Link Plastic & Metal Industrial Co Ltd v. Entities Individuals 1:23-CV-16802 ( N.D. IL )	MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Renewed Motion to Strike Defendant Mossime's Affirmative Defenses and Dismiss Counterclaims [82] shall be briefed as follows: Defendant Mossime's response is due by 10/11/2024 and Plaintiff's reply is due by 10/18/2024. Further, Plaintiff's Motion to Strike [71] is denied as moot because Defendant Mossime filed an Amended Answer with Counterclaims [75] . Mailed notice (lxs, ) (Entered: 10/01/2024) MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Renewed Motion to Strike Defendant Mossime's Affirmative Defenses and Dismiss Counterclaims [82] shall be briefed as follows: Defendant Mossime's response is due by 10/11/2024 and Plaintiff's reply is due by 10/18/2024. Further, Plaintiff's Motion to Strike [71] is denied as moot because Defendant Mossime filed an Amended Answer with Counterclaims [75] . Mailed notice (lxs, ) (Entered: 10/01/2024)
09/30/24	E Link Plastic & Metal Industrial Co Ltd v. Entities Individuals 1:23-CV-16802 ( N.D. IL )	Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Renewed Motion by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to strike answer to complaint, counterclaim [75] Presented before District Judge (Lei, Ge) (Entered: 09/30/2024)
09/19/24	E Link Plastic & Metal Industrial Co Ltd v. Entities Individuals 1:23-CV-16802 ( N.D. IL )	REPLY by Defendant mossime to response in opposition to motion [78] (Wolfgram, Pete) (Entered: 09/19/2024)
09/17/24	E Link Plastic & Metal Industrial Co Ltd v. Entities Individuals 1:23-CV-16802 ( N.D. IL )	REPLY by E-Link Plastic & Metal Industrial Co., Ltd. to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to strike answer to complaint, counterclaim [66] [71] (Lei, Ge) (Entered: 09/17/2024)