Partnerships Unicorp Associations

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CourtsN.D. Illinois

TypeOperating Company

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Entered	Case	Description
12/13/24	DPG USA Inc v. Partnerships Unicorp Associations 1:24-CV-12341 ( N.D. IL )	MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order [12] questioning whether Plaintiff had met its burden of establishing that permissive joinder of Defendant Nos. 1-37 in this case was proper under 35 U.S.C. § 299. Plaintiff was granted leave to file either a supplemental memorandum or an amended Schedule A consistent with that ruling. In response, Plaintiff filed a Notice of Dismissal Under Rule 41(a)(1) [13] voluntarily dismissing Defendant Nos. 1-23, a Supplemental Memorandum Regarding Joinder [14] [15] , and an Amended Schedule A including Defendant Nos. 24-37 only. Plaintiff essentially argues that joinder is proper because Defendant Nos. 24-37 all sell the identical products on Temu and use identical advertising images and such similarities support its conclusory allegation that Defendants jointly and severally infringed Plaintiff's patent, but the Court remains unconvinced. See Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at 2 (N.D. Ill. Jan. 4, 2024) (finding that plaintiff's allegations that all of the defendants' online storefronts share numerous similarities, are located in China, and have a similar number of employees were insufficient to establish joinder under 35 U.S.C. § 299). Furthermore, Plaintiff's argument that all Defendants' use of the "same" rather than "similar" images is not persuasive. See id. ("Even if the webpages were identical, it would not necessarily suggest the defendants are connected. To the contrary, it would hardly be surprising that multiple, independent sellers of similar products would parrot each other's webpages or match each other's prices."). Because Plaintiff has failed to cure the misjoinder here, the Court exercises its discretion to do so. Therefore, the Court dismisses Defendant Nos. 25-37 without prejudice for improper joinder. This action will proceed as to Defendant No. 24 only. Plaintiff's motions for electronic service [4] and a TRO [5] as to all Defendants are terminated as moot. By 12/31/24, Plaintiff may file renewed electronic service and TRO motions as to Defendant No. 24, whose identity shall remain under seal until that date. If Plaintiff does not request further relief as to Defendant No. 24, all previously sealed documents will be unsealed, and this case may be dismissed for want of prosecution. Emailed notice. (cdh, ) (Entered: 12/13/2024) MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order [12] questioning whether Plaintiff had met its burden of establishing that permissive joinder of Defendant Nos. 1-37 in this case was proper under 35 U.S.C. § 299. Plaintiff was granted leave to file either a supplemental memorandum or an amended Schedule A consistent with that ruling. In response, Plaintiff filed a Notice of Dismissal Under Rule 41(a)(1) [13] voluntarily dismissing Defendant Nos. 1-23, a Supplemental Memorandum Regarding Joinder [14] [15] , and an Amended Schedule A including Defendant Nos. 24-37 only. Plaintiff essentially argues that joinder is proper because Defendant Nos. 24-37 all sell the identical products on Temu and use identical advertising images and such similarities support its conclusory allegation that Defendants jointly and severally infringed Plaintiff's patent, but the Court remains unconvinced. See Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at 2 (N.D. Ill. Jan. 4, 2024) (finding that plaintiff's allegations that all of the defendants' online storefronts share numerous similarities, are located in China, and have a similar number of employees were insufficient to establish joinder under 35 U.S.C. § 299). Furthermore, Plaintiff's argument that all Defendants' use of the "same" rather than "similar" images is not persuasive. See id. ("Even if the webpages were identical, it would not necessarily suggest the defendants are connected. To the contrary, it would hardly be surprising that multiple, independent sellers of similar products would parrot each other's webpages or match each other's prices."). Because Plaintiff has failed to cure the misjoinder here, the Court exercises its discretion to do so. Therefore, the Court dismisses Defendant Nos. 25-37 without prejudice for improper joinder. This action will proceed as to Defendant No. 24 only. Plaintiff's motions for electronic service [4] and a TRO [5] as to all Defendants are terminated as moot. By 12/31/24, Plaintiff may file renewed electronic service and TRO motions as to Defendant No. 24, whose identity shall remain under seal until that date. If Plaintiff does not request further relief as to Defendant No. 24, all previously sealed documents will be unsealed, and this case may be dismissed for want of prosecution. Emailed notice. (cdh, ) (Entered: 12/13/2024)
12/12/24	DPG USA Inc v. Partnerships Unicorp Associations 1:24-CV-12341 ( N.D. IL )	SEALED RESPONSE by DPG USA Inc. to memorandum, [14] , order on motion for miscellaneous relief,,,,,,,,, order on motion for temporary restraining order,,,,,,,,, order on motion to seal,,,,,,,,, set deadlines,,,,,,,,, terminate motions,,,,,,,, [12] (Attachments: # [1] Appendix Schedule A)(Poplin, Allen Justin) (Entered: 12/12/2024)
12/12/24	DPG USA Inc v. Partnerships Unicorp Associations 1:24-CV-12341 ( N.D. IL )	MEMORANDUM order on motion for miscellaneous relief,,,,,,,,, order on motion for temporary restraining order,,,,,,,,, order on motion to seal,,,,,,,,, set deadlines,,,,,,,,, terminate motions,,,,,,,, [12] by DPG USA Inc. (Attachments: # [1] Appendix Redacted Schedule A)(Poplin, Allen Justin) (Entered: 12/12/2024)
12/12/24	DPG USA Inc v. Partnerships Unicorp Associations 1:24-CV-12341 ( N.D. IL )	NOTICE of Voluntary Dismissal by DPG USA Inc. of defendants 1-23 (Poplin, Allen Justin) (Entered: 12/12/2024)
12/11/24	Shangyou Jiayi Lighting Product Co Ltd v. Partnerships Unicorp Associations 1:24-CV-12696 ( N.D. IL )	MAILED patent report to Patent Trademark Office, Alexandria VA. (daj, ) (Entered: 12/11/2024)
12/11/24	Shangyou Jiayi Lighting Product Co Ltd v. Partnerships Unicorp Associations 1:24-CV-12696 ( N.D. IL )	CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 1). (vjd, ) (Entered: 12/11/2024)
12/11/24	Shangyou Jiayi Lighting Product Co Ltd v. Partnerships Unicorp Associations 1:24-CV-12696 ( N.D. IL )	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. (vjd, ) (Entered: 12/11/2024)] 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. (vjd, ) (Entered: 12/11/2024)]
12/10/24	Shangyou Jiayi Lighting Product Co Ltd v. Partnerships Unicorp Associations 1:24-CV-12696 ( N.D. IL )	NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shangyou Jiayi Lighting Product Co., Ltd. (Deng, Wangxue) (Entered: 12/10/2024)
12/10/24	Shangyou Jiayi Lighting Product Co Ltd v. Partnerships Unicorp Associations 1:24-CV-12696 ( N.D. IL )	MOTION by Plaintiff Shangyou Jiayi Lighting Product Co., Ltd. to seal [2] and [7] (Deng, Wangxue) (Entered: 12/10/2024)
12/10/24	Shangyou Jiayi Lighting Product Co Ltd v. Partnerships Unicorp Associations 1:24-CV-12696 ( N.D. IL )	SEALED EXHIBIT by Plaintiff Shangyou Jiayi Lighting Product Co., Ltd. regarding MOTION by Plaintiff Shangyou Jiayi Lighting Product Co., Ltd. for temporary restraining order [5] , memorandum in support of motion [6] (Deng, Wangxue) (Entered: 12/10/2024)