最近更新：2024-12-25
2024-cv-05280
| 日期 | 描述 |
|---|---|
| 04/18/2025 | RESPONSE by Marvel Technology (China) Co., Limitedin Opposition to MOTION by Defendant Luxury Looks for reconsideration [58] 附件： 1:Exhibit |
| 04/15/2025 | MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 4/15/2025. Plaintiff is given leave to file a response to Defendant Luxury Looks' motion for reconsideration [58] on or before 4/18/2025. Defendant's reply, if any, is due on or before 4/22/2025. A telephonic motion hearing is set for 4/29/2025 at 9:30 A.M. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. |
| 04/12/2025 | ANSWER to counterclaim filed by XAZIMO, 360 Smart Photo Booth Inc., EIJOFI, Huang-us, by Marvel Technology (China) Co., Limited |
| 04/03/2025 | MINUTE entry before the Honorable John F. Kness: A telephonic motion hearing on Defendant Luxury Looks' motion for reconsideration [58] is set for 4/15/2025 at 9:30 A.M. Defendant Luxury Looks, which failed to appear at the previous hearing in this matter (see Dkt. [55]), is specifically warned that, if it does not appear by telephone in support of its motion for reconsideration, the motion will be summarily denied. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. |
| 03/31/2025 | MOTION by Defendant Luxury Looks for reconsideration of order granting motion to dismiss. (Received via Box.com 3/31/25) |
| 03/28/2025 | NOTICE of Voluntary Dismissal by Marvel Technology (China) Co., Limited Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Certain Defendants |
| 03/21/2025 | ANSWER to amended complaint, COUNTERCLAIM filed by XAZIMO, 360 Smart Photo Booth Inc., EIJOFI, Huang-us against Marvel Technology (China) Co., Limited. by XAZIMO, 360 Smart Photo Booth Inc., EIJOFI, Huang-us 附件： 1:Exhibit B. 741 Patent Registration 2:Exhibit A. Amazon Complaints |
| 03/12/2025 | MINUTE entry before the Honorable John F. Kness: In-person motion hearing held on 3/12/2025. For the reasons stated on the record, the motion to dismiss [39] of Defendant Luxury Looks (which did not appear at the hearing) is denied. Defendant Luxury Looks must answer Plaintiff's complaint on or before 4/2/2025. Plaintiff's motion for preliminary injunction [26] is taken under advisement. Defendants are given leave to file an amended answer and counterclaim on or before 3/21/2025. Mailed notice. |
| 03/13/2025 | SEALED DOCUMENT by Plaintiff Marvel Technology (China) Co., Limited Declaration of Qin Li |
| 03/05/2025 | ANSWER to counterclaim by Marvel Technology (China) Co., Limited |
| 02/26/2025 | SUPPLEMENT to reply to response to motion 51 附件： 1:(Exhibit 3 Trade Assurance Order Details) |
| 02/25/2025 | REPLY by Marvel Technology (China) Co., Limited to memorandum in opposition to motion 37, memorandum in opposition to motion, 36 附件： 1:(Exhibit) 2:Exhibit |
| 02/25/2025 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to Extend Time to Reply 48 is granted. Mailed notice. |
| 02/24/2025 | NOTICE of Voluntary Dismissal by Marvel Technology (China) Co., Limited Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Certain Defendants |
| 02/18/2025 | MOTION by Plaintiff Marvel Technology (China) Co., Limited for extension of time to file response/reply as to memorandum in opposition to motion 37, memorandum in opposition to motion, 36 |
| 02/12/2025 | MINUTE entry before the Honorable John F. Kness: In-person motion hearing held on 2/12/2025. Plaintiff's response to Defendants' opposition to its motion for preliminary injunction shall be filed on or before 2/18/2025. Plaintiff's response to Defendant Luxury Looks' motion to dismiss 39 shall be filed on or before 3/6/2025. Defendants' motion to unseal 34 is granted. The Clerk is directed to unseal all sealed entries on the docket. Defendants' motions 23, 31, 33 are dismissed as moot. An in-person status hearing is set for 3/12/2025 at 9:30 A.M. Lead counsel is directed to be present at the hearing. Mailed notice. |
| 02/14/2025 | RESPONSE by Defendant Luxury Looks (Received via pro se email on 2/14/25.) |
| 02/12/2025 | ANSWER to amended complaint, COUNTERCLAIM filed by Evegogo Store, Vanplex Photo Booth Store, Furmores Official Store, Shenzhen Hywinlife Co., Ltd, Shenzhen SeenTok Co, Ltd, SX LLC, Sabeeney, Rossmine Official Store, Shenzhen Vanplex Co., Ltd., HYWINLIFE Official Store, ACHHA TECHNOLOGY INC, FTY360, Shenzhen WiViTouch Technology Co., Ltd., Shenzhen Rossmine Co., Ltd., TOPS Tech, Shenzhen Qunan Electronic Technology Co., Ltd., FASHINN360, Shenzhen Furmores Technology Co., Ltd, Shenzhen Fantasy View Technology Co., Ltd. against Marvel Technology (China) Co., Limited. by Evegogo Store, Vanplex Photo Booth Store, Furmores Official Store, Shenzhen Hywinlife Co., Ltd, Shenzhen SeenTok Co, Ltd, SX LLC, Sabeeney, Rossmine Official Store, Shenzhen Vanplex Co., Ltd., HYWINLIFE Official Store, ACHHA TECHNOLOGY INC, FTY360, Shenzhen WiViTouch Technology Co., Ltd., Shenzhen Rossmine Co., Ltd., TOPS Tech, Shenzhen Qunan Electronic Technology Co., Ltd., FASHINN360, Shenzhen Furmores Technology Co., Ltd, Shenzhen Fantasy View Technology Co., Ltd. |
| 02/12/2025 | MEMORANDUM by Shenzhen Qunan Electronic Technology Co., Ltd. in Opposition to motion for preliminary injunction 26 附件： 1:(Declaration of Xing Fan) 2:Exhibit B 3:Declaration of Lijun Hu 4:Exhibit A |
| 02/11/2025 | ATTORNEY Appearance for Plaintiff Marvel Technology (China) Co., Limited by Ilya Zlatkin |
| 02/11/2025 | ATTORNEY Appearance for Defendant Shenzhen Qunan Electronic Technology Co., Ltd. by Benjamin Solter |
| 02/11/2025 | ATTORNEY Appearance for Defendants 360 Smart Photo Booth Inc., Huang-us, EIJOFI, XAZIMO by Benjamin Solter |
| 02/10/2025 | ANSWER to amended complaint by 360 Smart Photo Booth Inc., Huang-us, EIJOFI, XAZIMO |
| 02/06/2025 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Luxury Looks, MOTION by Defendant Luxury Looks to Dismiss for Lack of Involvement. (Received via Box.com 2/6/25) |
| 02/04/2025 | DECLARATION of Honghan Shi regarding memorandum in opposition to motion 37 附件： 1:(Exhibit B. Invalid Decision) 2:Exhibit A. Order |
| 02/04/2025 | MEMORANDUM by 360 Smart Photo Booth Inc., Huang-us, EIJOFI, XAZIMO in Opposition to motion for preliminary injunction 26 |
| 02/03/2025 | MEMORANDUM by FASHINN360, TOPS Tech, Shenzhen Vanplex Co., Ltd., Shenzhen Hywinlife Co., Ltd, Shenzhen Rossmine Co., Ltd., Shenzhen WiViTouch Technology Co., Ltd., Shenzhen Fantasy View Technology Co., Ltd., Chengdu Tops Technology Co., Ltd., Shenzhen Furmores Technology Co., Ltd, Shenzhen SeenTok Co, Ltd, Furmores Official Store, HYWINLIFE Official Store, Rossmine Official Store, Evegogo Store, Vanplex Photo Booth Store, Huang-us, Sabeeney, ACHHA TECHNOLOGY INC, FTY360, SX LLC in Opposition to motion for preliminary injunction 26 附件： 1:(Exhibit A) 2:Declaration of Wang Jiawei 3:Declaration of Lv Hongwen |
| 01/31/2025 | MINUTE entry before the Honorable John F. Kness: The Court sets an in-person motion hearing for 2/12/2025 at 10:00 A.M. in Courtroom 2125. Mailed notice. |
| 01/27/2025 | MOTION by Defendants FASHINN360, TOPS Tech, Shenzhen Vanplex Co., Ltd., Shenzhen Hywinlife Co., Ltd, Shenzhen Rossmine Co., Ltd., Shenzhen WiViTouch Technology Co., Ltd., Shenzhen Fantasy View Technology Co., Ltd., Chengdu Tops Technology Co., Ltd., Shenzhen Furmores Technology Co., Ltd, Shenzhen SeenTok Co, Ltd, Furmores Official Store, HYWINLIFE Official Store, Rossmine Official Store, Evegogo Store, Vanplex Photo Booth Store, Sabeeney, ACHHA TECHNOLOGY INC, FTY360, SX LLC to unseal case |
| 01/27/2025 | MOTION by Defendants 360 Smart Photo Booth Inc., Huang-us, EIJOFI, XAZIMO to set a briefing schedule jointly filed with defendants: Sabeeney, ACHHA TECHNOLOGY INC, FTY360, SX LLC, FASHINN360, TOPS Tech, Shenzhen Vanplex Co., Ltd., Shenzhen Hywinlife Co., Ltd, Shenzhen Rossmine Co., Ltd., Shenzhen WiViTouch Technology Co., Ltd., Shenzhen Fantasy View Technology Co., Ltd., Chengdu Tops Technology Co., Ltd., Shenzhen Furmores Technology Co., Ltd, Shenzhen SeenTok Co, Ltd, Furmores Official Store, HYWINLIFE Official Store, Rossmine Official Store, Evegogo Store, Vanplex Photo Booth Store |
| 01/27/2025 | ATTORNEY Appearance for Defendant 360 Smart Photo Booth Inc. by Jiyuan Zhang |
| 01/27/2025 | MOTION by Defendants FROECTRY-360 PHOTO BOOTH, FOOTIELD-360 Photo Booth to confirm FROECTRY-360 PHOTO BOOTH and FOOTIELD-360 PHOTO BOOTH are not included in the Schedule A list |
| 01/23/2025 | SUMMONS Returned Executed by Marvel Technology (China) Co., Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/22/2025, answer due 2/12/2025. 附件： 1:(Exhibit Screenshot of Email) |
| 01/22/2025 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 01/21/2025 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 26 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 1/27/2025." Plaintiff must file proof of service of the Court's statement within two business days of service. Mailed notice. |
| 01/14/2025 | ATTORNEY Appearance for Defendants Sabeeney, ACHHA TECHNOLOGY INC, FTY360, SX LLC, FASHINN360, TOPS Tech, Shenzhen Vanplex Co., Ltd., Shenzhen Hywinlife Co., Ltd, Shenzhen Rossmine Co., Ltd., Shenzhen WiViTouch Technology Co., Ltd., Shenzhen Fantasy View Technology Co., Ltd., Chengdu Tops Technology Co., Ltd., Shenzhen Furmores Technology Co., Ltd, Shenzhen SeenTok Co, Ltd, Furmores Official Store, HYWINLIFE Official Store, Rossmine Official Store, Evegogo Store, Vanplex Photo Booth Store by Benjamin Solter |
| 01/12/2025 | MEMORANDUM by Marvel Technology (China) Co., Limited in support of motion for preliminary injunction 26 附件： 1:(Declaration of Zhiwei Hua) |
| 01/12/2025 | MOTION by Plaintiff Marvel Technology (China) Co., Limited for preliminary injunction |
| 12/30/2024 | ATTORNEY Appearance for Defendants Huang-us, EIJOFI, XAZIMO, FROECTRY-360 PHOTO BOOTH, FOOTIELD-360 Photo Booth by Jiyuan Zhang |
| 12/30/2024 | NOTICE of Voluntary Dismissal by Marvel Technology (China) Co., Limited Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Certain Defendants |
| 12/15/2024 | MOTION by Plaintiff Marvel Technology (China) Co., Limited for extension of time of TRO |
| 12/12/2024 | NOTICE of Voluntary Dismissal by Marvel Technology (China) Co., Limited Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Certain Defendant |
| 12/05/2024 | BOND in the amount of $ 10,000, cashier's check Receipt No.100013875 posted by Marvel Technology (China) Co., Limited |
| 12/02/2024 | TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 12/2/2024. Modified on 2/19/2025. |
| 12/02/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order 7, and motion for electronic service of process 11 are granted in part. Plaintiff's submissions (e.g., Dkt. 8 6-8) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. The Temporary Restraining Order being entered along with this minute order shall be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois 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 Illinois, accept payment in U.S. dollars, and have sold products using infringing versions of Plaintiff's patented works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question the propriety of joining all Defendants in this one action, but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. The disabling of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice. |
| 10/23/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's "Motion for Decision" 18 is denied. Plaintiff's pending "Schedule A" routine motions, of which the Court is aware, will be addressed in due course. Mailed notice |
| 10/22/2024 | MOTION by Plaintiff Marvel Technology (China) Co., Limited for hearing re MOTION by Plaintiff John Doe for temporary restraining order and expedited discovery 7 |
| 08/08/2024 | ATTORNEY Appearance for Plaintiff Marvel Technology (China) Co., Limited by Zhiwei Hua |
| 08/08/2024 | ATTORNEY Appearance for Plaintiff Marvel Technology (China) Co., Limited by Qin Li |
| 08/08/2024 | NEW PARTIES: Marvel Technology (China) Co., Limited added to case caption. Terminating John Doe |
| 08/08/2024 | CIVIL Cover Sheet |
| 08/08/2024 | AMENDED complaint by John Doe against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:(Exhibit redline version of the amended complaint per standing orders) 2:Exhibit Patent registration 3:Exhibit patent registration 4:Exhibit Patent registration 5:Exhibit Patent registration |
| 08/02/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion 12 for leave to file under seal and to proceed anonymously is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing Plaintiff to conceal its own identity: Plaintiff's ex parte motion for preliminary injunctive relief will be adjudicated in the ordinary course of so-called "Schedule A" litigation, and the identity of Defendants will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016); see also Doe v. Smith, 429 F.3d 706, 710 (7th Cir. 2005) ("The public has an interest in knowing what the judicial system is doing, an interest frustrated when any part of litigation is conducted in secret."); Doe v. Trustees of Indiana Univ., 101 F.4th 485, 493 (7th Cir. 2024) (district judge "abused his discretion when permitting 'John Doe' to conceal his name without finding that he is a minor, is at risk of physical harm, or faces improper retaliation."). Such exceptional circumstances as to justify anonymity are not present in this case. Accordingly, Plaintiff's motion proceed anonymously is denied. Subject to unsealing at an appropriate time, Plaintiff may for now file the documents appearing at docket entries 3, 9, and 10. Plaintiff's request to file the documents appearing at docket entry 2 is denied, as Plaintiff is not entitled to hide the relevant information concerning its asserted patent. Plaintiff must file an amended complaint bearing its true name (not under seal) within 5 business days or the case will be dismissed with prejudice. All other pending motions will be addressed by separate order in due course. Mailed notice. |
| 07/30/2024 | MOTION by Plaintiff John Doe for leave to file under seal and to proceed under a pseudonym |
| 07/30/2024 | MOTION by Plaintiff John Doe electronic service of process pursuant to FRCP 4(f)(3) 附件： 1:(Exhibit 2 of Declaration of Li) 2:Exhibit 1 of Declaration of Li 3:Declaration of Li in support of Motion to electronic service of process |
| 07/30/2024 | EXHIBIT by Plaintiff John Doe Exhibits 1-7 of Plaintiff's Declaration regarding sealed document 9 Modified on 2/19/2025. 附件： 1:Exhibit 2 2:Exhibit 1-4 3:Exhibit 1-3 4:Exhibit 1-2 5:Exhibit 1-1 6:Exhibit 3-1 7:Exhibit 3-2 8:Exhibit 3-3 9:Exhibit 3-4 10:Exhibit 3-5 11:Exhibit 3-6 12:Exhibit 4 13:Exhibit 5 14:Exhibit 6 15:(Exhibit 7) |
| 07/30/2024 | DECLARATION of Shou Zhang by Plaintiff John Doe Declaration of Plaintiff in Support of Motion for TRO and Expedited Discovery Modified on 2/19/2025. |
| 07/30/2024 | DECLARATION of Qin Li regarding motion for temporary restraining order 7 and expedited discovery 附件： 1:Exhibit to Declaration of Attorney 2:Exhibit to Declaration of Attorney 3:Exhibit to Declaration of Attorney 4:(Exhibit to Declaration of Attorney) |
| 07/30/2024 | MOTION by Plaintiff John Doe for temporary restraining order and expedited discovery |
| 07/30/2024 | ATTORNEY Appearance for Plaintiff John Doe by Zhiwei Hua |
| 06/25/2024 | 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. |
| 06/25/2024 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 1). |
| 06/25/2024 | CIVIL Cover Sheet |
| 06/25/2024 | ATTORNEY Appearance for Plaintiff John Doe by Qin Li |
| 06/25/2024 | EXHIBIT by Plaintiff John Doe Modified on 2/19/2025. |
| 06/25/2024 | EXHIBITS by Plaintiff John Doe Modified on 2/19/2025. 附件： 1:Exhibit Patent registration 2:Exhibit patent registration 3:(Exhibit patent registration) |
| 06/25/2024 | COMPLAINT filed by John Doe; Filing fee $ 405, receipt number AILNDC-22176245. 附件： 1:Exhibit Patent registration 2:(Exhibit Schedule A defendants) |
