最近更新:2024-12-25
更新

2023-cv-03301

ABC Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:12/11/2023

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
04/16/2025 RESPONSE by Defendant Shenzhen Yipincheng Technology Co., Ltd to motion to compel, [264]
04/10/2025 ATTORNEY Appearance for Counter Claimants Shenzhen Yipincheng Technology Co., Ltd, Shenzhen Yipincheng Technology Co., Ltd, Defendant Shenzhen Yipincheng Technology Co., Ltd by Jie Li
04/07/2025 MINUTE entry before the Honorable M. David Weisman: By agreement of the parties, the motion hearing set for 4/23/25 is stricken and reset to 4/29/25 at 9:15 a.m. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
04/03/2025 MINUTE entry before the Honorable M. David Weisman: Response to Plaintiff's motion to compel [264] due 4/16/25. Motion hearing set for 4/9/25 is stricken and reset to 4/23/25 at 9:15 a.m. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
04/03/2025 NOTICE of Motion by Sofia Quezada Hastings for presentment of motion to compel, [264] before Honorable M. David Weisman on 4/9/2025 at 09:15 AM. (Quezada Hastings, Sofia)
04/03/2025 MOTION by Plaintiff ABC Corporation to compel Discovery Responses of Defendants Presented before Magistrate Judge
附件:
1:Exhibit B - Plaintiff's Interrogatories
2:Exhibit A - Plaintiff's Document Requests
3:Memorandum in Support
03/14/2025 MINUTE entry before the Honorable Thomas M. Durkin: This case was stayed pending a reexamination by the USPTO 245. That reexamination is completed 259 and the parties have a settlement conference scheduled before Judge Weisman 262. Accordingly, the stay is lifted. Although the stay is lifted, the case is referred to Judge Weisman for discovery supervision and settlement, so this Court will not set any discovery deadlines at this point. The telephonic status hearing set for 3/17/2025 is stricken. Mailed notice.
03/12/2025 MINUTE entry before the Honorable M. David Weisman: Status hearing set for 4/2/25 is stricken. A video settlement conference is set for 5/7/25 at 10:30 a.m. Plaintiff's settlement letters to be issued to defendants by 4/23/25, and Defendants' settlement letters to be issued to plaintiff by 4/30/25. The parties must also submit their respective letters by email to Proposed_Order_Weisman@ilnd.uscourts.gov. Please note that settlement letters and documents are not to be filed on the CM-ECF system. Parties shall confer and send ONE email to Weisman_Chambers@ilnd.uscourts.gov by 4/30/25, identifying the email addresses of the individuals who intend to participate in the settlement conference. The Court may have ex parte discussions with counsel in advance of the settlement conference if the Court believes such conversations are warranted. Mailed notice
03/10/2025 MINUTE entry before the Honorable Thomas M. Durkin: The telephonic status hearing set for 3/24/2025 is reset for 3/17/2025 at 9:00 a.m. The dial-in information will remain the same. Mailed notice.
03/05/2025 MINUTE entry before the Honorable M. David Weisman: In their joint status report [259], the parties indicate that they request a continued settlement conference. No later than 3/12/25, the parties shall jointly contact the Courtroom Deputy, at Alyssia_Owens@ilnd.uscourts.gov, with several mutually agreeable dates and times in April or May 2025. The parties shall also indicate whether they prefer the settlement conference to take place in person or by video. Judge Weisman generally conducts settlement conferences on Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. Status hearing set for 3/6/25 is stricken and reset to 4/2/25 at 9:15 a.m. If a settlement conference has been set, the status hearing will be stricken. As proposed by the parties, Defendants shall update all currently outstanding discovery requests by 3/21/25, and the final date to issue written discovery is 4/15/25. If either party requires the Court's attention prior to the continued conference, they shall file a motion. Mailed notice
03/04/2025 STATUS Report Joint Status Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia)
03/03/2025 MINUTE entry before the Honorable Thomas M. Durkin: The telephonic status hearing set for 3/20/2025 is reset for 3/24/2025 at 9:00 a.m. The dial-in information will remain the same. Mailed notice.
02/11/2025 MINUTE entry before the Honorable M. David Weisman: Parties may appear in person or dial in using the Court's conference call-in number for the hearing scheduled for 3/6/25. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
02/11/2025 MINUTE entry before the Honorable M. David Weisman: In light of the parties' joint status report [254] indicating that they expect the ex parte reexamination process to be finished in 30 days, the status hearing set for 2/13/25 is stricken and reset to 3/6/25 at 1:00 p.m. Joint status report due by noon on 3/4/25 setting forth the status of Plaintiff's request for sales data; a proposed schedule for any additional discovery Plaintiff will be seeking; whether the parties request a settlement conference; and any other issues the parties wish to raise. The Court appreciates the parties' ongoing cooperation regarding the sales data requested by Plaintiff and directs the parties to make every effort to resolve the issue between themselves. Mailed notice
02/11/2025 MINUTE entry before the Honorable Thomas M. Durkin: In light of the joint status report at [254], by 3/13/2025, the parties shall file the next joint status report addressing the same issues. If the ex parte reexamination has been resolved, the parties shall set forth next steps for litigation. Telephonic status hearing set for 3/20/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
02/10/2025 STATUS Report Joint Status Report by ABC Corporation Presented before District Judge (Quezada Hastings, Sofia)
12/27/2024 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
12/19/2024 MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Plaintiff noted it is missing some sales reports. Defendant stated after consultation with defendants, those that are missing sales reports are no longer selling the products at issue. By 1/6/25, Plaintiff shall send a list of all missing reports to Defendants and Defendants shall respond with necessary sales report or an indication that no sales have occurred, as appropriate, by 1/13/25. Status hearing set for 2/13/25 at 9:15 a.m. Court will review status report due 2/10/25 before the District Court. This Court will adjust the date for status hearing, if necessary. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
12/19/2024 MINUTE entry before the Honorable Thomas M. Durkin: In light of the joint status report at [250], the parties shall file the next joint status report addressing the same issues on 2/10/2025. Mailed notice.
12/18/2024 STATUS Report Joint Status Report by ABC Corporation Presented before District Judge (Quezada Hastings, Sofia)
10/21/2024 MINUTE entry before the Honorable M. David Weisman: In light of Plaintiff's status report 248 indicating that the ex parte reexamination proceedings are ongoing, the status hearing set for 10/22/24 is stricken and reset to 12/19/24 at 1:00 p.m. Joint status report due by noon on 12/17/24. If a ruling by the USPTO is issued prior to 12/19/24, the parties shall promptly notify the Court. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
10/21/2024 STATUS Report - JOINT Status Report (replacement of Dkt. 247) by Heifeng Zhizao (Shenzhen) Technology Co., LTD d/b/a Bebird Presented before Magistrate Judge (De Preter, Matthew)
10/21/2024 STATUS Report By Plaintiff by Heifeng Zhizao (Shenzhen) Technology Co., LTD d/b/a Bebird Presented before Magistrate Judge (De Preter, Matthew)
09/03/2024 MINUTE entry before the Honorable M. David Weisman: In light of the district court's order staying the case pending a reexamination by the USPTO 245, the status hearing set for 9/5/24 is stricken and reset to 10/22/24 at 9:15 a.m. Joint status report due by noon on 10/21/24. If a ruling by the USPTO is issued prior to 10/22/24, the parties shall promptly notify the Court. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
08/07/2024 MINUTE entry before the Honorable Thomas M. Durkin: On June 13, 2024, the USPTO granted Defendants' requests for an ex parte reexamination of a patent at issue in this case. R. 238-1. Defendants move to stay this case pending the outcome of the ex parte reexamination. R. 238. Plaintiff is "not opposed to a stay in the proceedings" and states that the "resolution of the ex parte reexamination will have a substantial narrowing effect on the litigation and will result in appreciable judicial economy." R. 242 at 2. Defendants' motion to stay the case is granted. In conjunction with the stay, however, Plaintiff makes three requests. First, Plaintiff requests leave to file a motion to compel discovery. R. 242 at 3. That request is denied. Plaintiff may seek discovery following the resolution of the ex parte reexamination once the issues for litigation have been narrowed. Second, Plaintiff requests that Defendants be required "to produce monthly reports. showing the totality of the prior months sales of [accused] products." R. 242 at 3. Defendants have agreed to produce sales records to Plaintiff every three months. R. 244. The Court finds that Defendants' proposal is reasonable and orders Defendants to produce sales records every three months. Finally, Plaintiff requests that the Court renew the preliminary injunction. R. 242 at 3. The Court has already denied the Plaintiff's motion for a preliminary injunction, see R. 187, and for the same reasons, the Court denies Plaintiff's request to renew the preliminary injunction. This case is stayed until resolution of the ex parte reexamination by the USPTO. Within 14 days after the resolution of ex parte reexamination, the parties shall file a joint status report with the Court indicating next steps for litigation. Mailed notice.
08/05/2024 REPLY by AIFINISTORE, AISITIN Authorize Store, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, DUKINE, EAR CLEAN, EARHOME, Ear Vision, EarEternity, EarSoul, Earwax Tools Store, Earwise, Fadersal, GIRCamera, Heystop Official Store, Inim, LOYStore, LoykerOtoscope, QiYiEar, Shenzhen Yipincheng Technology Co., Ltd, YM-US Co., Ltd, Yaejstore, Yjear to Response[242]
07/31/2024 MINUTE entry before the Honorable Thomas M. Durkin: On July 24, 2023, Defendants Bang Bang You Pin (Shenzhen) Industrial Co., Ltd and YJH Inc. voluntarily posted a bond of $50,000. On August 4, 2023, Defendants AISITIN Authorize Store, BenicabeDirect, EARHOME, Heystop Official Store, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, and YM-US Co., Ltd voluntarily posted a bond of $50,000. Defendants now move for a release of these bonds. R. 234. Defendants contend that they agreed to post the bonds "to provide security to Plaintiff before the formal preliminary injunction hearing." Id. Defendants further contend that because the Court denied Plaintiff's motion for a preliminary injunction on December 18, 2023, "the purpose of the bonds is fulfilled or becomes moot." Id. Plaintiff disputes that the purpose of the bonds was related to the preliminary injunction. R. 236. In their motion, Defendants failed to provide the Court with evidence (such as by affidavit or by exhibit) as to the agreement regarding the bonds and their underlying purpose. Absent such evidence, the Court is unable to determine whether the purpose of bonds is moot. For this reason, Defendants' motion (R. [234]) is denied. Mailed notice.
07/29/2024 RESPONSE by Plaintiff ABC Corporation to motion to stay, [238] (De Preter, Matthew)
07/24/2024 CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendant Shenzhen Yipincheng Technology Co., Ltd USPTO Granting Ex Parte Reexamination of D974,856 Patent
07/19/2024 MINUTE entry before the Honorable M. David Weisman: Settlement conference held. All parties appeared via video conference. The parties were unable to reach a settlement in this matter, and there appears, at this point, little hope that settlement will be achieved based on the cavernous distance between the parties. Parties are remined that fact discovery closes on 8/30/24 [ECF [233]], subject to proceedings before the district court relating to staying discovery pending outcome of ex parte reexamination. See ECF [238], [239]. In other words, if the district court grants the pending motion to stay, this court will dutifully adjust the discovery schedule. If the district court does not grant the pending motion, this Court will be open to a very short extension time to complete fact discovery. All that said, discovery is not currently stayed. Status hearing set for 9/5/24 at 1:00 p.m. A joint status report shall be by noon on 9/4/24. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
07/15/2024 MINUTE entry before the Honorable Thomas M. Durkin: The Court enters the following agreed briefing schedule as to the opposed motion to stay case pending outcome of ex parte reexamination [238]: Plaintiff's response is due by 7/29/2024; Defendants' reply is due by 8/5/2024. Mailed notice.
07/15/2024 MOTION by Defendants AIFINISTORE, AISITIN Authorize Store, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, BenicabeDirect, COLL CAM, DUKINE, Dreamcolor, EAR CLEAN, EARHOME, Ear Vision, Ear Wellness, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, GIRCamera, HappySmile Everyday, Heystop Official Store, Inim, LOYStore, LoykerOtoscope, MISONG, MLH.US.STORE, Macro Camera, QiYiEar, SUNPOLIN, Shenzhen Vision Health Technology Co., Ltd., Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, VANBAR, VITCOCO, YIEAR, YJH Inc, YM-US Co., Ltd, Yaejstore, YanKe Store, Yjear, huiyuedianzishangwu, ohuotoy store to stay Presented before District Judge
附件:
1:Exhibit 856 Patent EPR Request
2:Exhibit 900 Patent Decision granting EPR
07/09/2024 REPLY by Defendants AIFINISTORE, AISITIN Authorize Store, AOSITA, AOTOTEN-US, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, BenicabeDirect, COLL CAM, DUKINE, EAR CLEAN, EARHOME, Ear Camera, Ear Vision, Ear Wellness, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, GIRCamera, LOYStore, LoykerOtoscope, Shenzhen Yipincheng Technology Co., Ltd, YIEAR, YM-US Co., Ltd, Yaejstore, Yjear, ohuotoy store to memorandum in opposition to motion[236]
07/02/2024 MEMORANDUM by Heifeng Zhizao (Shenzhen) Technology Co., LTD d/b/a Bebird in Opposition to motion for release of bond obligation, [234] (De Preter, Matthew)
06/24/2024 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff shall respond to [234] by July 2, 2024. Defendants may reply by July 9, 2024. Mailed notice.
06/22/2024 MOTION by Defendants AISITIN Authorize Store, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, DUKINE, EAR CLEAN, EARHOME, Ear Camera, Ear Vision, Ear Wellness, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, Fadersal, GIRCamera, LOYStore, LoykerOtoscope, Macro Camera, QiYiEar, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, YIEAR, YM-US Co., Ltd, Yaejstore, ohuotoy store for release of bond obligation Presented before District Judge
06/11/2024 MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Discussion held regarding extension of discovery. Without objection, the fact discovery close date is extended to 8/30/24. Defendants' supplemental requests for production to be propounded by 6/18/24, and Defendants' additional deposition notices to be issued by 6/21/24. Depositions to be taken virtually. The Court encourages the parties to pursue any discovery they need for an effective settlement conference. Defendants to produce sales data by the end of the day today, 6/11/24. Video settlement conference set for 7/19/24 at 7:00 a.m. The Court explained its procedure for settlement conferences. Plaintiff's settlement letter shall be delivered to Defendants by 7/5/24 and Defendants' settlement letter shall be delivered to plaintiff by 7/12/24. Settlement letters are limited to 5 pages, excluding attachments. The parties must also submit their respective letters by email to Proposed_Order_Weisman@ilnd.uscourts.gov. Please note that settlement letters and documents are not to be filed on the CM-ECF system. Parties shall confer and send ONE email to Weisman_Chambers@ilnd.uscourts.gov by 7/12/24, identifying the email addresses of the individuals who intend to participate in the settlement conference. The parties do not object to the Court having ex parte discussions with counsel in advance of the settlement conference if the Court believes such conversations are warranted. Mailed notice
06/07/2024 STATUS Report Joint Status Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia)
06/07/2024 MINUTE entry before the Honorable M. David Weisman: Parties may appear in person or dial in using the Court's conference call-in number for the hearing scheduled for 6/11/24. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
05/23/2024 MINUTE entry before the Honorable M. David Weisman: Motion hearing held. Discussion held regarding Defendants' emergency motion to compel answers in upcoming deposition occurring in Hong Kong [225]. As to Topic 13, because Defendants withdraw this issue, the motion as it relates to Topic 13 is denied as moot. Regarding Topic 50, as further stated on the record, the Court denies the motion to compel as to this issue because it is overbroad and unduly burdensome, and it would simply be unworkable to prepare a witness for such an expansive topic. As to Topic 61, because Defendants cannot explain why the location of where the patent was designed is relevant, this aspect of the motion to compel is denied. Regarding Topics 65-69, generally characterized as discovery on discovery, the Court noted that any concerns about discovery should have been litigated when Plaintiff responded to the request to produce; accordingly, the motion to compel as it relates to Topics 65-69 is denied. Regarding Topics 80-83, seeking Plaintiff's sales, Plaintiff states it is not claiming any lost profits, so the motion to compel responses to Topic 80 is denied in full, and Topics 81-83 are denied provisionally subject to reconsideration. As to Topics 81-83, the Court will entertain further limited additional written discovery on this issue, with appropriate leave of court, if it turns out that Defendants need this information, and they have a valid legal basis to obtain it. In addition, the Court may allow an additional deposition as to Topics 81-83, if necessary, but any further deposition need not occur in person. The Court denies Plaintiff's request for an award of costs because it does not find bad faith on Defendants' part in bringing the motion, and the motion promoted the efficient resolution of disputed issues). See Federal Rule of Civil Procedure 37(a)(5)(B) (award of attorney's fees not required if the circumstances surrounding the denied motion make the award of expenses unjust). Mailed notice
05/22/2024 MEMORANDUM by Heifeng Zhizao (Shenzhen) Technology Co., LTD d/b/a Bebird in Opposition to motion to compel, [225] and Cross Motion for Protective Order
附件:
1:Exhibit 3. Plaintiffs' objections to the 30(b)(6) notice of deposition of
2:Exhibit 2. Plaintiffs' objections to the notice of deposition of Shihong W
3:Exhibit 1. Exemplary discovery responses of Defendants
05/22/2024 MINUTE entry before the Honorable M. David Weisman: The Court will hear oral arguments on defendants' motion to compel [225] at tomorrow's (5/23/24) hearing. Mailed notice
05/22/2024 MINUTE entry before the Honorable M. David Weisman: Parties may appear in person or dial in using the Court's conference call-in number for the hearing scheduled for 5/23/24. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
05/22/2024 NOTICE of Motion by Ruoting Men for presentment of motion to compel, [225] before Honorable M. David Weisman on 5/23/2024 at 09:30 AM.
05/22/2024 MOTION by Defendants AIFINISTORE, AISITIN Authorize Store, AOSITA, AOTOTEN-US, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, Barclays, BenicabeDirect, COLL CAM, EAR CLEAN, EARHOME, Ear Camera, Ear Vision, Ear Wellness, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, GIRCamera, HAMIQI, LOYStore, LoykerOtoscope, Macro Camera, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, YIEAR, YJH Inc, YM-US Co., Ltd, Yaejstore, Yjear, Yoobao, ohuotoy store to compel Plaintiff responses to Defendants' potential questions directed to Topics 13, 50, 61, 65-69, and 80-83 Presented before Magistrate Judge
附件:
1:Exhibit Plaintiff's objection to Defendants' deposition topics
05/02/2024 MINUTE entry before the Honorable Thomas M. Durkin: Minute entry [222] is amended as follows. Attorney Fei Hu terminated. Mailed notice.
05/01/2024 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. The parties argued their positions regarding the location of the depositions of Mr. Zhang and Mr. Wang. The Court ruled that depositions will take place in Hong Kong, and plaintiff's counsel can attend remotely, if they prefer. The depositions are to be completed by 5/31/24. The Court sets a status hearing for 6/11/24 at 9:15 a.m. A joint status report that sets forth the status of remaining discovery and the parties' settlement discussions and states whether the parties want to have a settlement conference or proceed with dispositive motions is due 6/7/24. Status hearing set for 6/6/24 and joint status report due on 6/3/24 are stricken. Mailed notice
04/30/2024 MINUTE entry before the Honorable Thomas M. Durkin: Motion to withdraw as attorney [220] is granted. Attorneys Andrew Shea McElligott and Lyle Brent Vander Schaaf terminated. Mailed notice.
04/29/2024 STATUS Report Joint Status Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia)
04/29/2024 MOTION by Attorney Andrew McElligott, Lyle Vander Schaaf, and Fei Hu to withdraw as attorney for AISITIN Authorize Store, BenicabeDirect, Dreamcolor, EARHOME, Heystop Official Store, Inim, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, VITCOCO, YM-US Co., Ltd. No party information provided Presented before District Judge
04/29/2024 MINUTE entry before the Honorable M. David Weisman: Parties may appear in person or dial in using the Court's conference call-in number for the hearing scheduled for 5/1/24. The conference call-in number is 1-650-479-3207 and the access code is 2316 422 1828#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
04/29/2024 MINUTE entry before the Honorable M. David Weisman: Parties may appear in person or dial in using the Court's conference call-in number for the hearing scheduled for 5/1/24. The conference call-in number is 1-650-479-3207 and the access code is 2316 422 1828#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
04/25/2024 MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Discussion held regarding status of case. Counsel for both parties stated the parties are negotiating settlement between themselves but had no details. Court inquired of status of discovery, including status of subpoena on USPTO agent who initially assisted Plaintiff file their patent application. Defendants indicated the second patent agent has already agreed to be deposed. The Court is unclear as to relevance of the patent agents' testimony in this case given that Plaintiff confirmed it is standing on its patent application as is. According to Defendant, the issue is whether Plaintiff disclosed prior patents or patent applications and who made the decision about which disclosures to make. After discussion, Defendants indicated they will not pursue the patent agents' depositions at this time. Fact discovery is scheduled to close 6/14/24. Plaintiff and Plaintiff's company's depositions are scheduled for 5/28/24 and 5/29/24. Parties to discuss whether Defendants' depositions can proceed during that same period. Status hearing set for 6/6/24 at 1:00 p.m. Joint status report due by close of business on 6/3/24 setting forth the status of discovery and proposed dates for any extended discovery; a proposed deposition schedule; and whether the parties want a settlement conference. Defense counsel indicated potential difficulty with in-person depositions in China. Status hearing set for 5/1/24 at 9:15 a.m. for docket management purposes. Joint status report due 4/29/24 addressing the status of discussions on the location of the depositions and agreed-upon deponents. If the parties have reached resolution as to whether the May depositions will proceed in person or remotely as well as the individuals to be deposed, the Court will strike the 5/1/24 status hearing. Mailed notice
04/18/2024 STATUS Report by AISITIN Authorize Store, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, EAR CLEAN, EARHOME, Ear Vision, EarBeyond, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, GIRCamera, LOYStore, LoykerOtoscope, Macro Camera, Shenzhen Yipincheng Technology Co., Ltd, YIEAR, YM-US Co., Ltd, Yaejstore, Yjear, ohuotoy store Presented before Magistrate Judge
04/18/2024 STATUS Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia)
04/10/2024 ATTORNEY Appearance for Counter Claimants AISITIN Authorize Store, Heystop Official Store, NJ-US Co. Ltd, Defendants AISITIN Authorize Store, Heystop Official Store, NJ-US Co. Ltd by Tao Liu
04/10/2024 ATTORNEY Appearance for Defendants BenicabeDirect, EARHOME, MLH.US.STORE, QiYiEar, VANBAR, YM-US Co., Ltd, Counter Claimants BenicabeDirect, EARHOME, MLH.US.STORE, QiYiEar, VANBAR, YM-US Co., Ltd by Tao Liu
04/10/2024 ATTORNEY Appearance for Counter Claimants Dreamcolor, Inim, VITCOCO, Defendants Dreamcolor, Inim, VITCOCO by Tao Liu
04/03/2024 MINUTE entry before the Honorable M. David Weisman: The referral of this case having been reassigned to Magistrate Judge Weisman, the parties are directed to proceed with the schedule set by then-Magistrate Judge Harjani on 3/19/24 [209] and file a joint status report on 4/18/24 setting forth a brief background of the case; the status of discovery, including specifically whether the deadlines in the 3/19/24 minute order have been met; and the status of any settlement discussions. Status hearing set for 4/25/24 at 9:15 a.m. Mailed notice
04/02/2024 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0009 IT APPEARING THAT Sunil R. Harjani has been appointed as a United States District Judge for the Northern District of Illinois; and IT FURTHER APPEARING THAT Judge Harjani is no longer sitting as a magistrate judge in the Eastern Division of this Court; and IT FURTHER APPEARING THAT the civil consent, civil referrals, and miscellaneous cases previously pending before Judge Harjani as a U.S. magistrate judge requires reassignment; therefore IT IS HEREBY ORDERED THAT the cases in the attached list are to be reassigned accordingly to the magistrate judge listed. It is also ordered that subsequent referrals where Judge Harjani was the designated magistrate judge, the Clerk shall randomly reassign to another magistrate judge of this Court pursuant to Local Rule 40.1. Case referred to the Honorable M. David Weisman. Signed by Executive Committee on 4/2/24.
03/19/2024 MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 3/21/2024 is stricken and reset to 4/18/2024 at 9:15 a.m. By 4/12/2024, the parties shall file a joint status report with an update on fact discovery and the status of any settlement discussions. The Court has reviewed the latest Joint Status Report [208] which reports on several outstanding discovery issues. To assist in moving fact discovery along, the Court sets the following deadlines: (1) the time, date, method, and location of the depositions of Shihong Wang, the company representative of Plaintiff, and Raymond J. Chew shall be set by 4/11/2024; (2) by 4/8/2024, Defendants shall provide a date and time that Plaintiff may inspect physical exemplars of Defendants' accused products pursuant to its discovery requests; (3) by 4/8/2024, the Glacier Defendants shall serve Plaintiff with a deficiencies letter, outlining areas that they believe need to be addressed in supplemental productions; (4) by 4/8/2024, Plaintiff shall provide the samples of its products that allegedly embody the claimed designs and its past sales records for these products. If the parties seek adjustments to this schedule, they must file a motion demonstrating good cause. All outstanding discovery disputes must be discussed via videoconference or in person. The parties shall attempt to resolve discovery issues through good faith compromise without Court intervention. The parties are reminded that all fact will close on 6/14/2024. Mailed notice
03/14/2024 STATUS Report Joint Status Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia)
03/04/2024 MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file excess pages for reply [73] is terminated as moot. Mailed notice.
02/27/2024 NOTICE of Voluntary Dismissal by ABC Corporation of Certain Defendants (Quezada Hastings, Sofia)
02/21/2024 MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 2/22/2024 is stricken and reset to 3/21/2024 at 9:15 a.m. By 3/14/2024, the parties shall file a joint status report with an update on fact discovery, including confirmed deposition dates for all deponents, and the status of any settlement discussions. The Court has reviewed the latest Status Report [204]. The parties shall meet and confer in person or by videoconference as many times as necessary to work through the discovery production issues raised in the Status Report. The next joint status report shall include an update on the results of the parties' meet and confer efforts. Regarding depositions, Plaintiff did not serve any notices of depositions on Defendants. Defendants report that they intend to take the depositions of Plaintiff Bebird and Shihong Wang in April and May, 2024 as well as depositions via subpoenas of the two attorneys who prosecuted the asserted patents. The parties did not provide confirmed deposition dates, despite the Court's 12/13/2023 order that a list of all deponents with confirmed dates shall be included in the Status Report. See Doc. 181. The fact discovery deadline of 6/14/2024 stands. Mailed notice
02/15/2024 STATUS Report Joint Status Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia)
02/12/2024 AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Sunil R. Harjani on 2/12/2024. Mailed notice
02/12/2024 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for entry of agreed protective order [201] is granted. Counsel shall submit the proposed order via email to Proposed_Order_Harjani@ilnd.uscourts.gov. Mailed notice
02/06/2024 MOTION by Plaintiff ABC Corporation for Entry of Agreed Protective Order Presented before Magistrate Judge
附件:
1:Text of Proposed Order Proposed Protective Order
02/04/2024 TRANSCRIPT OF PROCEEDINGS held on 12/15/2023 before the Honorable Thomas M. Durkin. Preliminary Injunction - Volume 2. Order Number: 47616. Court Reporter Contact Information: Elia E. Carrion, EECarrionOfficialTranscript@gmail.com, 312.408.7782. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/26/2024. Redacted Transcript Deadline set for 3/6/2024. Release of Transcript Restriction set for 5/6/2024.
02/04/2024 TRANSCRIPT OF PROCEEDINGS held on 12/11/2023 before the Honorable Thomas M. Durkin. Preliminary Injunction - Volume 1. Order Number: 47545. Court Reporter Contact Information: Elia E. Carrion, EECarrionOfficialTranscript@gmail.com, 312.408.7782. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/26/2024. Redacted Transcript Deadline set for 3/6/2024. Release of Transcript Restriction set for 5/6/2024.
01/10/2024 MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice [197] is granted. Attorney Fei Hu for AISITIN Authorize Store, BenicabeDirect, EARHOME, Heystop Official Store, Inim, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, VITCOCO, and YM-US Co., Ltd added. Mailed notice.
01/10/2024 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21507404. Presented before District Judge
附件:
1:Exhibit List of Defendants
01/08/2024 FULL SATISFACTION of Judgment in the amount of 79,756.08 of certain defendants
01/05/2024 MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice [194] is granted. Attorney Lyle Brent Vander Schaaf for AISITIN Authorize Store, BenicabeDirect, EARHOME, Heystop Official Store, Inim, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, VITCOCO, and YM-US Co., Ltd added. Mailed notice.
01/05/2024 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21492644. Presented before District Judge
附件:
1:Exhibit List of Courts
2:Exhibit List of Defendants
01/04/2024 MEMORANDUM Opinion and Order: For the reasons stated in the attached order, Plaintiff's motion to dismiss, R. [127], is denied. Signed by the Honorable Thomas M. Durkin on 1/4/2024. Mailed notice.
01/04/2024 MINUTE entry before the Honorable Thomas M. Durkin: Regarding the Motions for Clarification [189, 191], the Court entered an order on December 18, 2023 [187] that Plaintiff's Motion for Preliminary Injunction [46] was denied as to all appearing defendants. The Court's order [187] applies equally to all defendants who have: 1) filed an answer to the complaint [1]; 2) filed a notification as to affiliates in accordance with Local Rule 3.2; and 3) appeared in Court for the preliminary injunction hearing and argument on December 11 and December 15, 2023, as represented by either Crowell & Moring LLP or Glacier Law LLP. To the extent the preliminary injunction was previously entered [79] against a defendant who meets the above requirements, such defendants are no longer subject to the preliminary injunction. As specified in Court on December 15, 2023, this is without prejudice to Plaintiffs' right to pursue injunctive relief against such defendants as the case develops. Mailed notice.
01/02/2024 MOTION by Defendants Inim, VITCOCO to clarify scope of Court's December 18 Order Denying Plaintiff's Motion for Preliminary Injunction Presented before District Judge
12/28/2023 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.
12/27/2023 MOTION by Defendants AIFINISTORE, DUKINE, Ear Camera, Earwax Tools Store, Fadersal, GIRCamera, Macro Camera, YIEAR, Yaejstore, Yjear to clarify Presented before District Judge
12/18/2023 MINUTE entry before the Honorable Thomas M. Durkin: Minute entry [187] is corrected as follows. In court closing arguments held on 12/15/2023. The remainder of the entry stands. Mailed notice.
12/18/2023 MINUTE entry before the Honorable Thomas M. Durkin: In court closing arguments held on 12/18/2023. For reasons stated on the record, Plaintiff's Motion for Preliminary Injunction [46] is denied as to appearing defendants and Plaintiff's Motion to Strike [184] is denied without prejudice. The Court will rule by mail as to Plaintiff's Motion to Dismiss [127]. Mailed notice.
12/17/2023 Notice of Preliminary Injunction Hearing Materials by ABC Corporation
附件:
1:Exhibit 4
2:Exhibit 3
3:Exhibit 2
4:Exhibit 1
5:Exhibit 5
6:Exhibit 6
7:Exhibit 7
8:Exhibit 8
12/14/2023 MEMORANDUM by ABC Corporation in support of motion to strike[184] the Opinion of Certain Defendants' Proffered Expert, James M. Gandy (Quezada Hastings, Sofia)
12/14/2023 MOTION by Plaintiff ABC Corporation to strike other, [63] the Opinion of Certain Defendants' Proffered Expert, James M. Gandy Presented before District Judge (Quezada Hastings, Sofia)
12/14/2023 MINUTE entry before the Honorable Thomas M. Durkin: In Court closing arguments set for 12/15/2023 at 2:00 p.m. Counsel who are unavailable to appear in person may appear by video. The call-in number is (650) 479-3207 and the call-in ID is 180 815 7648. Counsel of record will receive an email with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
12/13/2023 Notice of Lodging of Heifeng Zhizao (Shenzhen) Technology Co., Ltd.'s corporate credit information disclosure report by Shenzhen Yipincheng Technology Co., Ltd
附件:
1:Exhibit A
12/13/2023 MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 12/14/2023 is stricken and reset to 2/22/2024 at 9:15 a.m. By 2/15/2024, the parties shall file a joint status report with an update on fact discovery, including a list of all deponents with confirmed deposition dates, and any settlement discussions. The Court has reviewed the latest Status Report [177] which advises that the parties exchanged Rule 26(a)(1) disclosures and Plaintiff and the Glacier Law defendants issued written discovery requests. Defendants shall provide responses to Plaintiff's written discovery requests by 12/18/2023, and Plaintiff shall provide responses to the Glacier Law defendants by 12/29/2023. The parties are reminded that notices of depositions with agreed upon dates shall be issued by 2/9/2024 and the fact discovery deadline of 6/14/2024 stands. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
12/11/2023 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 12/11/2023 regarding motion for preliminary injunction [46], motion to dismiss [127]. Mailed notice.
12/11/2023 MINUTE entry before the Honorable Thomas M. Durkin: To listen in remotely to the hearing set for 12/11/2023 at 10:00 a.m., the call-in number is (650) 479-3207 and the call-in ID is 180 815 7648. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
12/10/2023 Second Amended COUNTERCLAIM filed by VANBAR, YM-US Co., Ltd, EARHOME, AOSITA, Heystop Official Store, VITCOCO, BenicabeDirect, Inim, Fadersal, QiYiEar, EarBeyond, EarSoul, AISITIN Authorize Store, EarEternity, Earwise, ohuotoy store, YJH Inc, NJ-US Co. Ltd, LOYStore, COLL CAM, EAR CLEAN, LoykerOtoscope, TOUCHBeauty Directt, SUNPOLIN, MLH.US.STORE, Ear Vision, Earpick against All Plaintiffs ABC Corporation.
附件:
1:Exhibit A - Excerpt of D972900 Prosecution History
2:Exhibit B - BEBIRD R1_ The Cheapest Wireless Otoscope Ear Cleaner
3:Exhibit C - About BEBIRD bebirdmall
4:Exhibit D - Bebird C3_ Best Selling Ear Scope
5:Exhibit E - Bebird X17 Pro Smart Visual Ear Cleaning Kit bebirdmall
6:Exhibit F - Bebird X17 Pro Smart Visual Ear Cleaning Kit bebirdmall
7:Exhibit G - Shiting Declaration
12/08/2023 STATUS Report by ABC Corporation Presented before Magistrate Judge (Quezada Hastings, Sofia)
12/04/2023 ATTORNEY Appearance for Defendant Bang Bang You Pin (Shenzhen) Industrial Co., Ltd by Dandan Pan
12/01/2023 MINUTE entry before the Honorable Thomas M. Durkin: Motion to withdraw as attorney [174] is granted. Attorney Yu-hao Yao terminated. Mailed notice.
12/01/2023 MOTION by Attorney Yu-Hao Yao to withdraw as attorney for AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, DUKINE, EAR CLEAN, Ear Camera, Ear Vision, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, GIRCamera, HappySmile Everyday, KCamera, LOYStore, LoykerOtoscope, Macro Camera, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, YIEAR, YJH Inc, Yaejstore, Yjear. No party information provided Presented before District Judge (Yao, Yu-hao)
11/27/2023 NOTICE by All Plaintiffs re reply[165], order on motion for leave to file, text entry, [172] Plaintiff's Notification Regarding Briefing on Its Motion to Dismiss in View of Docket Entry 172 (De Preter, Matthew)
11/21/2023 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing has already been set for 12/11/2023 at 10:00 a.m. in courtroom 1441 as to Plaintiff's motion for preliminary injunction [46]. For 12/11/2023, the parties should also be prepared to present evidence and argument on Plaintiff's motion to dismiss counterclaims III, IV, and VII [127]. Defendants seek leave to submit second amended counterclaims and have filed the proposed changes with the Court [156]. Leave is granted. Plaintiffs should notify the Court if the current motion to dismiss is sufficient to address the second amended counterclaims or if Plaintiffs wish to provide additional briefing to address the changes. If the parties wish to discuss the scope of the hearing on 12/11/2023, contact the courtroom deputy next week to set up a phone status. Mailed notice.
11/03/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
10/20/2023 NOTICE of Voluntary Dismissal by ABC Corporation of certain defendants
10/17/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
10/12/2023 MINUTE entry before the Honorable Thomas M. Durkin: Attorney's motion to withdraw as attorney [167] is granted. Attorney He Cheng terminated. Mailed notice.
10/11/2023 MOTION by Attorney He Cheng to withdraw as attorney for AIFI Camera, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, EAR CLEAN, Ear Vision, Ear Zeus, EarBeyond, EarEternity, EarSemil, EarSoul, Earpick, Earwise, Erdemint, Fadersal, KCamera, LOYStore, Lansel-US, LoykerOtoscope, SUNPOLIN, Shenzhen Yingruituo Technology Co., Ltd., TOUCHBeauty Directt, YJH Inc, ohuotoy store. No party information provided Presented before District Judge
10/11/2023 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for to exceed page limitation [164] is granted. Mailed notice.
10/11/2023 REPLY by Plaintiff ABC Corporation to Motion to Dismiss for Failure to State a Claim[127] (Quezada Hastings, Sofia)
10/11/2023 MOTION by Plaintiff ABC Corporation for leave to file excess pages for Reply ISO Motion to Dismiss Counterclaims III, IV and VII Presented before District Judge (Quezada Hastings, Sofia)
10/11/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
10/06/2023 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 12/14/2023 at 9:15 a.m. by telephone. By 12/8/2023, counsel shall file a joint status report with an update on discovery and any settlement discussions. Having reviewed the parties' joint status report [158], the Court enters the following order: (1) Rule 26(a)(1) disclosures by 10/27/23; (2) written discovery shall issue by 10/10/23; (3) notice of depositions with agreed upon dates shall issue by 2/9/24; and (4) all fact discovery shall be completed by 6/14/24. Amendments to the pleadings are due by 2/27/24. The Court will set an expert schedule at a later time. The parties shall also submit a proposed ESI order for the Court's consideration by 10/27/23. The Court has a simple one on its website but the parties may jointly propose any other order. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 978 352 73. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
10/05/2023 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing set for 12/11/2023 at 10:00 a.m. as to Plaintiff's motion for preliminary injunction [46] in courtroom 1441. Mailed notice.
10/05/2023 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: discovery supervision, including setting a discovery schedule. Mailed notice.
10/04/2023 STATUS Report Regarding Evidentiary Hearing by AIFINISTORE, AISITIN Authorize Store, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, BenicabeDirect, COLL CAM, DUKINE, EAR CLEAN, EARHOME, Ear Camera, Ear Vision, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, GIRCamera, HappySmile Everyday, Heystop Official Store, Inim, LOYStore, LoykerOtoscope, MLH.US.STORE, Macro Camera, NJ-US Co. Ltd, QiYiEar, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, VANBAR, VITCOCO, YJH Inc, YM-US Co., Ltd, Yaejstore, Yjear (Yao, Yu-hao)
10/03/2023 REPORT of Rule 26(f) Planning Meeting by ABC Corporation (Quezada Hastings, Sofia)
09/27/2023 MEMORANDUM by AISITIN Authorize Store, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, BenicabeDirect, COLL CAM, EAR CLEAN, EARHOME, Ear Vision, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, HappySmile Everyday, Heystop Official Store, Inim, LOYStore, LoykerOtoscope, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, VANBAR, VITCOCO, YJH Inc, YM-US Co., Ltd, ohuotoy store in support of motion for leave to file, [156] Second Amended Counterclaims
附件:
1:Exhibit Proposed Second Amended Counterclaims (redlined)
2:Exhibit Ex. A to Second Amended Complaint
3:Exhibit Ex. B to Second Amended Comp
4:Exhibit Ex. C to Second Amended Comp
5:Exhibit Ex. D to Second Amended Comp
6:Exhibit Ex. E to Second Amended Comp
7:Exhibit Ex. F to Second Amended Comp
8:Exhibit Ex. G to Second Amended Comp
09/27/2023 MOTION by Counter Claimants AISITIN Authorize Store, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, BenicabeDirect, COLL CAM, EAR CLEAN, EARHOME, Ear Vision, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, HappySmile Everyday, Heystop Official Store, Inim, LOYStore, LoykerOtoscope, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, VANBAR, VITCOCO, YJH Inc, YM-US Co., Ltd, ohuotoy store for leave to file Second Amended Counterclaims
09/27/2023 MEMORANDUM by AISITIN Authorize Store, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, BenicabeDirect, COLL CAM, EAR CLEAN, EARHOME, Ear Vision, EarBeyond, EarEternity, EarSoul, Earpick, Earwax Tools Store, Earwise, Fadersal, HappySmile Everyday, Heystop Official Store, Inim, LOYStore, LoykerOtoscope, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, VANBAR, VITCOCO, YJH Inc, YM-US Co., Ltd, ohuotoy store in Opposition to Motion to Dismiss for Failure to State a Claim[127]
附件:
1:Exhibit 1 - Excerpt of D900 Prosecution History
2:Exhibit 2 - About BEBIRD
3:Exhibit 3 - Bebird C3
4:Exhibit 4 - Bebird X17
5:Exhibit 5 - Bebird X17 Pro Smart
09/27/2023 MINUTE entry before the Honorable Thomas M. Durkin: On the issue of the Defendants' requested evidentiary hearing on Plaintiff's motion for preliminary injunction, the Court is currently in the middle of a large jury trial that runs Mondays through Thursdays and is expected to last until the middle to end of November. The Court holds proceedings on all other matters on Fridays and therefore only has small blocks of time available. If Defendants desire full day or even half day hearings, they may have to wait until December. Therefore, Defendants are instructed to file a written status report within 7 days on the amount of time they request for an evidentiary hearing, and whether they prefer waiting until December for full-day availability, or splitting the hearing into multiple time blocks on Fridays prior to December. Mailed notice.
09/26/2023 MINUTE entry before the Honorable Thomas M. Durkin: On the issue of the Defendants' requested evidentiary hearing on Plaintiff's motion for preliminary injunction, the Court is currently in the middle of a large jury trial that runs Mondays through Thursdays and is expected to last until the middle to end of November. The Court holds proceedings on all other matters on Fridays and therefore only has small blocks of time available. If Defendants desire full day or even half day hearings, they may have to wait until December. Therefore, Defendants are instructed to file a written status report on the amount of time they request for an evidentiary hearing, and whether they prefer waiting until December for full-day availability, or splitting the hearing into multiple time blocks on Fridays prior to December. Mailed notice.
09/26/2023 MINUTE entry before the Honorable Thomas M. Durkin: Defendants' unopposed motion for withdrawal of counsel [151] is granted. Attorney Brian Swift and Adam Edward Urbanczyk terminated. Mailed notice.
09/25/2023 MOTION by Attorney Adam E. Urbanczyk and Brian Swift to withdraw as attorney for AIFINISTORE, DUKINE, Ear Camera, GIRCamera, Macro Camera, YIEAR, Yaejstore, Yjear. No party information provided
09/25/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
09/22/2023 SUR-REPLY by Defendants AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, EAR CLEAN, Ear Vision, EarBeyond, EarEternity, Earpick, Earwax Tools Store, Fadersal, HappySmile Everyday, LOYStore, Lansel-US, LoykerOtoscope, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, YJH Inc, ohuotoy store, Respondents Ear Zeus, Erdemint, MIUKA, Intervenor Defendants EarSemil, EarZhou to reply to response to motion, [74]
附件:
1:Exhibit 1
09/21/2023 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion to supplement motion to dismiss counterclaims [147] is granted. Mailed notice.
09/20/2023 MOTION by Plaintiff ABC Corporation to supplement Plaintiff's Motion to Dismiss Counterclaims III, IV, and VII (Quezada Hastings, Sofia)
09/19/2023 ATTORNEY Appearance for Counter Claimants DUKINE, Ear Camera, GIRCamera, Yjear, Defendants DUKINE, Ear Camera, GIRCamera, Yjear by Tao Liu
09/19/2023 ATTORNEY Appearance for Counter Claimants AIFINISTORE, Macro Camera, YIEAR, Yaejstore, Defendants AIFINISTORE, Macro Camera, YIEAR, Yaejstore by Tao Liu
09/18/2023 MINUTE entry before the Honorable Thomas M. Durkin: Defendant EMStore's motion to dismiss its counterclaims against Plaintiff [143] is granted. Mailed notice.
09/15/2023 MOTION by Defendant EMStore to dismiss All of Its Counterclaims
09/14/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
09/14/2023 MINUTE entry before the Honorable Thomas M. Durkin: In light of Defendants Ban Ban You Pin (Shenzhen) Industrial Co., Ltd.'s and Shenzhen Yipincheng Technology Co.'s joint amended ounterclaims [140], Plaintiff's motion for reconsideration [138] is denied. Plaintiff is, however, granted leave to file a supplemental brief to its current motion to dismiss counterclaims [127] if it desires to include Ban Ban and Yipincheng's newly-filed amended counterclaims in its motion. Plaintiff may file that supplemental brief by 9/19/23. The deadline for defendants to file their response is extended to 9/27/23, and the deadline for Plaintiff's reply is extended to 10/11/23. Further, the parties are ordered to confer and file a proposed discovery schedule by 10/3/23. Mailed notice.
09/09/2023 Joint Amended COUNTERCLAIM filed by Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, Shenzhen Yipincheng Technology Co., Ltd against ABC Corporation.(Yao, Yu-hao)
09/09/2023 RESPONSE by Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, Shenzhen Yipincheng Technology Co., Ltdin Opposition to MOTION by Plaintiff ABC Corporation for reconsideration regarding Order on Motion to Dismiss for Failure to State a Claim, text entry, [136] [138] (Yao, Yu-hao)
09/08/2023 MOTION by Plaintiff ABC Corporation for reconsideration regarding Order on Motion to Dismiss for Failure to State a Claim, text entry, [136] (Quezada Hastings, Sofia)
09/08/2023 MINUTE entry before the Honorable Thomas M. Durkin: The Court has reviewed the parties' joint status report [133] and the parties' positions regarding the need for further briefing and a two-day, in-person hearing on Plaintiff's motion for a Preliminary Injunction [46]. Defendants are granted leave to file a sur-reply to Plaintiff's reply and expert report on or by 9/22/2023. Upon review of the documents, the Court will determine whether an in-person hearing is necessary. The Court further informs the parties that, due to a lengthy ongoing trial and several time-sensitive criminal matters, it may not have full days available for Defendants' requested in-person hearing for several months. Mailed notice.
09/07/2023 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion to dismiss counterclaims [90] is denied as moot in light of Defendants' Joint Amended Counterclaims [[109], [117], [119], and [121]] and the newly filed motion to dismiss the amended counterclaims [127]. Mailed notice.
09/07/2023 ANSWER to counterclaim filed by Earwax Tools Store, HappySmile Everyday [121] by ABC Corporation(Quezada Hastings, Sofia)
09/07/2023 Answer to Counterclaims filed by EMStore [119] by ABC Corporation (Quezada Hastings, Sofia)
09/06/2023 STATUS Report Joint Status Report by ABC Corporation (Quezada Hastings, Sofia)
09/06/2023 MINUTE entry before the Honorable Thomas M. Durkin: The parties have agreed to the following briefing schedule as to the Motion to Dismiss [127]: Defendant's response is due by 9/20/2023; Plaintiff's reply is due by 10/4/2023. Mailed notice.
09/06/2023 DEFAULT JUDGMENT ORDER. Signed by the Honorable Thomas M. Durkin on 9/6/2023. Mailed notice.
09/05/2023 NOTICE of Voluntary Dismissal by ABC Corporation of certain defendants
08/30/2023 MINUTE entry before the Honorable Thomas M. Durkin: Telephone motion hearing held on 8/30/2023. Plaintiff's motion for entry of default against Certain Defendants [113] is granted. Enter Default Order. For the reasons stated on the record, a joint written status report is due by 9/6/2023. By 9/29/2023, the parties are to file a joint status report, including a proposed discovery schedule. Mailed notice.
08/30/2023 MEMORANDUM by ABC Corporation in support of Motion to Dismiss for Failure to State a Claim[127] Counterclaims III, IV and VII filed in Defendants' Answers Dkt. Entries #109, #117, #119, and #121
附件:
1:Exhibit A
2:Exhibit B
3:Exhibit C
4:Exhibit D
5:Exhibit E
6:Exhibit F
7:Exhibit G
08/30/2023 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff ABC Corporation Counterclaims III, IV and VII filed in Defendants' Answers Dkt. Entries #109, #117, #119, and #121 (Quezada Hastings, Sofia)
08/30/2023 Supplement to Plaintiff's Motion For Entry of Preliminary Injunction (Dkt. 47)in Rebuttal to the Expert Report of Jim Gandy (Dkt. 63) by ABC Corporation
附件:
1:Rebuttal Expert Report of Charles Austen Angell in Support of Plaintiff's
2:CV of Charles Austen Angell
3:USD972900
4:USD974856
5:CN305890777
6:CN305613967
7:CN306385918
08/30/2023 ANSWER to Complaint Joint Amended Counterclaims by AISITIN Authorize Store, AOSITA, BenicabeDirect, COLL CAM, EAR CLEAN, EARHOME, Ear Vision, EarBeyond, EarEternity, EarSoul, Earpick, Earwise, Fadersal, Heystop Official Store, LOYStore, LoykerOtoscope, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, SUNPOLIN, TOUCHBeauty Directt, VANBAR, YJH Inc, YM-US Co., Ltd, ohuotoy store [109] by ABC Corporation
08/30/2023 ANSWER to counterclaim filed by Dreamcolor, Inim, VITCOCO by ABC Corporation
08/29/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
08/29/2023 NOTICE of Voluntary Dismissal by ABC Corporation of certain defendants
08/29/2023 ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Earwax Tools Store, HappySmile Everyday against ABC Corporation. by Earwax Tools Store, HappySmile Everyday(Yao, Yu-hao)
08/29/2023 MINUTE entry before the Honorable Thomas M. Durkin: Defendants Earwax Tools Store, HappySmile Everyday's motion for leave to file amended answer [118] is granted. Defendant EMStore's motion for leave to file answer, affirmative defenses, and counterclaims [119] is granted. Mailed notice.
08/28/2023 MOTION by Defendant EMStore for leave to file Answer, Affirmative Defenses, Counterclaims
附件:
1:Appendix Answer, Affirmative Defenses, Counterclaims
08/28/2023 MOTION by Defendants Earwax Tools Store, HappySmile Everyday for leave to file Answer to Plaintiff's Complaint
附件:
1:Exhibit Answer and Counterclaims
08/24/2023 ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by VITCOCO, Dreamcolor, Inim against ABC Corporation. by VITCOCO, Dreamcolor, Inim
08/24/2023 ATTORNEY Appearance for Defendants Earwax Tools Store, HappySmile Everyday by Yu-hao Yao (Yao, Yu-hao)
08/23/2023 MINUTE entry before the Honorable Thomas M. Durkin: Defendants Dreamcolor, Inim, and VITCOCO's motion for leave to file an answer [112] is granted. Telephone motion hearing set for 8/30/2023 at 8:45 a.m. as to Plaintiff's motion for entry of default against Certain Defendants [113]. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
08/23/2023 MEMORANDUM by ABC Corporation in support of motion for entry of default, motion for default judgment, [113] against Certain Defendants
附件:
1:Declaration of Matthew De Preter
08/23/2023 MOTION by Plaintiff ABC Corporation for entry of default against Certain Defendants, MOTION by Plaintiff ABC Corporation for default judgment as to Certain Defendants
附件:
1:Exhibit Schedule A
08/22/2023 MOTION by Defendants Dreamcolor, Inim, VITCOCO for leave to file an Answer Instanter to Plaintiff's Complaint
附件:
1:Exhibit Answer and Counterclaims
08/21/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
08/18/2023 ATTORNEY Appearance for Defendant EMStore by Eric Paul Mirabel
08/16/2023 Joint Amended Counterclaims by AISITIN Authorize Store, AOSITA, BenicabeDirect, COLL CAM, EAR CLEAN, EARHOME, Ear Vision, EarBeyond, EarEternity, EarSoul, Earpick, Earwise, Fadersal, Heystop Official Store, LOYStore, LoykerOtoscope, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, SUNPOLIN, TOUCHBeauty Directt, VANBAR, YJH Inc, YM-US Co., Ltd, ohuotoy store pursuant to Fed. R. Civ. P. 15(a)
08/16/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
08/15/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dreamcolor, Inim, VITCOCO
08/15/2023 ATTORNEY Appearance for Defendants Dreamcolor, Inim, VITCOCO by Andrew Shea Mcelligott
08/15/2023 TRANSCRIPT OF PROCEEDINGS held on 07/18/2023 before the Honorable Thomas M. Durkin. Hearing as to Motion for Preliminary Injunction. Order Number: 46381. Court Reporter Contact Information: Elia E. Carrion, EECarrionOfficialTranscript@gmail.com, 312.408.7782. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/5/2023. Redacted Transcript Deadline set for 9/15/2023. Release of Transcript Restriction set for 11/13/2023.
08/11/2023 MINUTE entry before the Honorable Thomas M. Durkin: Defendant's motion to withdraw defendants' motion to compel [102] is granted. Defendants' motion [101] is denied as moot. Intervenor Defendants EarSemil, EarZhou, KCamera's motion to withdraw proposed motions to intervene [103] is granted. Intervenor Defendants EarSemil, KCamera, EarZhou's motion to intervene [75] is denied as moot. Mailed notice.
08/11/2023 MOTION by Intervenor Defendants EarSemil, EarZhou, KCamera to withdraw motion to intervene[75]
08/07/2023 MOTION by Defendants COLL CAM, EAR CLEAN, Ear Vision, EarEternity, EarSoul, Earpick, Earwise, Lansel-US, LoykerOtoscope, ohuotoy store, Respondents Ear Zeus, Erdemint, Intervenor Defendants EarSemil, EarZhou, KCamera to withdraw motion to compel, [101]
08/07/2023 MOTION by Defendants COLL CAM, EAR CLEAN, Ear Vision, EarEternity, EarSoul, Earpick, Earwise, Lansel-US, LoykerOtoscope, ohuotoy store, Respondents Ear Zeus, Erdemint, Intervenor Defendants EarSemil, EarZhou, KCamera to compel compel compliance with Court's Order non-party Amazon.com to Reinstate Asins
08/07/2023 REGISTRY DEPOSIT INFORMATION FORM by AISITIN Authorize Store, BenicabeDirect, EARHOME, Heystop Official Store, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, YM-US Co., Ltd
08/04/2023 Check BOND in the amount of $ $50,000.00 posted by AISITIN Authorize Store, BenicabeDirect, EARHOME, Heystop Official Store, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, YM-US Co., Ltd
08/03/2023 ANSWER to counterclaim filed by YIEAR, DUKINE, Yaejstore, GIRCamera, Macro Camera, Ear Camera, AIFINISTORE, Yjear by ABC Corporation
08/03/2023 NOTICE of Voluntary Dismissal by ABC Corporation of certain defendants
08/01/2023 ATTORNEY Appearance for Defendants XCT Store, YanKe Store, stsmart3 by Adam Edward Urbanczyk
07/28/2023 MINUTE entry before the Honorable Thomas M. Durkin: The parties have agreed to the following briefing schedule as to Plaintiff's motion to dismiss Counterclaims III, IV and VII filed in Defendants' Answers Dkt. Entries #57, #84 and #85 [90]: Defendants' responses are due by 8/17/2023; Plaintiff's reply is due by 8/31/2023. Mailed notice.
07/27/2023 ORDER signed by the Honorable Thomas M. Durkin on 7/27/2023. Mailed notice.
07/26/2023 ANSWER to counterclaim filed by NJ-US Co. Ltd, Heystop Official Store, QiYiEar, EARHOME, MLH.US.STORE, BenicabeDirect, VANBAR, AISITIN Authorize Store, YM-US Co., Ltd [85] by ABC Corporation
07/26/2023 ANSWER to counterclaim filed by LoykerOtoscope, EAR CLEAN, Fadersal, Ear Vision, SUNPOLIN, ohuotoy store, AOSITA, LOYStore, EarEternity, Earpick, EarBeyond, Earwise, YJH Inc, COLL CAM, EarSoul, TOUCHBeauty Directt [84] by ABC Corporation
07/26/2023 ANSWER to counterclaim filed by Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, Shenzhen Yipincheng Technology Co., Ltd [57] by ABC Corporation
07/26/2023 MEMORANDUM by ABC Corporation in support of Motion to Dismiss for Failure to State a Claim[90] Counterclaims III, IV and VII filed in Defendants' Answers Dkt. Entries #57, #84 and #85
07/26/2023 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff ABC Corporation Counterclaims III, IV and VII filed in Defendants' Answers Dkt. Entries #57, #84 and #85
07/25/2023 REGISTRY DEPOSIT INFORMATION FORM by YJH Inc.
07/25/2023 BOND in the amount of $50,000 law firm check, receipt #4624289003, posted by Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, YJH Inc
07/24/2023 ATTORNEY Appearance for Defendants COLL CAM, EAR CLEAN, Ear Vision, EarBeyond, EarEternity, EarSoul, Earpick, Earwise, LOYStore, LoykerOtoscope, TOUCHBeauty Directt, ohuotoy store by Tianyu Ju
07/24/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
07/21/2023 ANSWER to Complaint, COUNTERCLAIM filed by YIEAR, DUKINE, Yaejstore, GIRCamera, Macro Camera, Ear Camera, AIFINISTORE, Yjear against All Plaintiffs. by YIEAR, DUKINE, Yaejstore, GIRCamera, Macro Camera, Ear Camera, AIFINISTORE, Yjear
07/21/2023 ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by NJ-US Co. Ltd, Heystop Official Store, QiYiEar, EARHOME, MLH.US.STORE, BenicabeDirect, VANBAR, AISITIN Authorize Store, YM-US Co., Ltd against ABC Corporation. by NJ-US Co. Ltd, Heystop Official Store, QiYiEar, EARHOME, MLH.US.STORE, BenicabeDirect, VANBAR, AISITIN Authorize Store, YM-US Co., Ltd
07/21/2023 ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by LoykerOtoscope, EAR CLEAN, Fadersal, Ear Vision, SUNPOLIN, ohuotoy store, AOSITA, LOYStore, EarEternity, Earpick, EarBeyond, Earwise, YJH Inc, COLL CAM, EarSoul, TOUCHBeauty Directt against ABC Corporation. by LoykerOtoscope, EAR CLEAN, Fadersal, Ear Vision, SUNPOLIN, ohuotoy store, AOSITA, LOYStore, EarEternity, Earpick, EarBeyond, Earwise, YJH Inc, COLL CAM, EarSoul, TOUCHBeauty Directt
07/21/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fadersal
07/21/2023 ATTORNEY Appearance for Defendant Fadersal by He Cheng
07/21/2023 ORDER signed by the Honorable Thomas M. Durkin on 7/21/2023. Mailed notice.
07/21/2023 ATTORNEY Appearance for Respondent Erdemint by He Cheng
07/21/2023 NEW PARTIES: SONUA, MEUSEBIKE, YPH Daily life, VIECKDUN, CHUNSENUS, smart camera, VITCOCO, AFGVK cctv camera, Ningbo Gongshan Import & Export Co., Ltd., Dongguan I-Believe Electronic Appliance Co., Ltd., Shenzhen Yingruituo Technology Co., Ltd., Shenzhen Global Electronic Commerce Limited, Shenzhen Chuan Yi Technology Group Co., Ltd., GLOBAL TEAM PRODUCTS (HK) LIMITED, Shenzhen Hongyu Technology Co., Ltd., Shenzhen Henghao Electronics Co., Ltd., Shenzhen Poofect Technology Co., Ltd., Shenzhen Ishan Technology Co., Ltd., Shenzhen Truely Beauty Industry Co., Limited, Shenzhen Vision Health Technology Co., Ltd., Shenzhen Betory Technology Co., Ltd., Shenzhen Luokefan Technology Co., Ltd., Pinsheng Electronics Co.,Ltd, Shenzhen Easygear Technology Co., Ltd., Shenzhen Sumhen Electron Co., Limited, Shenzhen BJI Technology Co., Ltd., Hangzhou S.W Technology Co.,Ltd, Shenzhen Kuajing Tong Industrial Co., Ltd., Shenzhen Home Guard Technology Co., Ltd., Shenzhen Hailixuan Technology Co., Ltd., Shenzhen Aixinke Technology Co., Ltd., Ear Wellness, Bysku-Direct, LEIPUT Store, ZHAOXIZI, Tilco, MISONG, HappySmile Everyday, XCT Store, lanjingyu, YanKe Store, PakyKai, al-ven, Dreamcolor, King Square, Lang rong1, AOTOTEN-US, Jmdbwsm, WEN-TAO, Inim, QiJingSM, viogo, Dongqinkeji, stsmart3, Wbjmaoyi, HAMIQI, STARSSHINE, UPMOSTEK, Qimic, shipinmy, LiveFree-US, Woopower, CAZSHOP, Yoobao, ZDEER, Starfar, huiyuedianzishangwu, TOGAVE, Vividmoo US, Earwax Tools Store, gjg6_67, extrahighqualityitems, hmqe_2, SweetLF, WANGO, YaShe Home Store, MiMao Diy House, Yoobao Family, Peachs Yaoyao, BIZONOD STORE, Fadersal, RuiDA and EMStore added to case caption.
07/20/2023 PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 7/20/2023. Mailed notice.
07/18/2023 MINUTE entry before the Honorable Thomas M. Durkin: Hearing as to the motion for preliminary injunction [46] held on 7/18/2023. Plaintiff's motion for entry of a preliminary injunction as to all non-appearing defendants is granted. Plaintiff is to submit an updated proposed Preliminary Injunction Order. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The parties are to submit an agreed proposed order regarding defendants who have appeared, as well as an agreed proposed briefing schedule on the motion for preliminary injunction. Parties should let Judge Durkin's courtroom deputy know if either side requests a hearing on the motion. Mailed notice.
07/17/2023 MINUTE entry before the Honorable Thomas M. Durkin: Hearing as to the motion for preliminary injunction [46] set for 7/18/2023 at 11:30 a.m. will proceed in person in courtroom 1441. Any parties unable to appear in person may still appear by telephone using the dial-in information previously provided. Mailed notice.
07/15/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by AIFI Camera, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, EAR CLEAN, Ear Vision, Ear Zeus, EarBeyond, EarEternity, EarSoul, Earpick, Earwise, LOYStore, Lansel-US, LoykerOtoscope, MIUKA, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, YJH Inc, ohuotoy store
07/14/2023 MOTION by Intervenor Defendants EarSemil, KCamera, EarZhou to intervene
附件:
1:Exhibit Email Communication
07/14/2023 REPLY by ABC Corporation to MOTION by Plaintiff ABC Corporation for preliminary injunction [46]
附件:
1:Declaration of Shihong Wang
2:Exhibit A
3:Exhibit B
4:Exhibit C
5:Exhibit D
6:Exhibit E
7:Exhibit F
8:Exhibit G
07/14/2023 MOTION by Plaintiff ABC Corporation for leave to file excess pages for Reply ISO Motion for Preliminary Injunction
07/14/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by AISITIN Authorize Store, BenicabeDirect, EARHOME, Heystop Official Store, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, YM-US Co., Ltd
07/13/2023 Joint Request for an in-person hearing by AOSITA and all appearing Defendants and Respondents
07/13/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
07/13/2023 NOTICE of Voluntary Dismissal by ABC Corporation of a certain defendant
07/13/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by AIFINISTORE, DUKINE, Ear Camera, GIRCamera, Macro Camera, YIEAR, Yaejstore, Yjear
07/12/2023 RESPONSE by MIUKAin Opposition to MOTION by Plaintiff ABC Corporation for preliminary injunction [46]
附件:
1:Exhibit Exhibit 1
2:Exhibit B08M9G18H3
3:Exhibit B08MXHSBVX
4:Exhibit B07PHLG4C2
5:Exhibit B0854G7RK7
6:Exhibit B086P52HC6
7:Exhibit B07KPSLPRW
8:Exhibit CN306651343
9:Exhibit Decl. of Gandy
10:Exhibit CN215503747 U
11:Exhibit B0B4W121W1
12:Exhibit IDS
13:Exhibit Plaintiff disclosed prior art - USD490523
07/12/2023 CHECK BOND in the amount of $ 40,000 RECEIPT 4624288484 posted by ABC Corporation
07/12/2023 CHECK BOND in the amount of $ 40,000 RECEIPT 4624288484 posted by ABC Corporation
07/12/2023 NOTICE of Voluntary Dismissal by ABC Corporation of Certain Defendants
07/12/2023 ORDER: This matter comes before the Court on Plaintiff's request for clarification of the bond. This Court increased the bond by an additional $40,000, for a total of $50,000, inclusive of the $10,000 already posted by Plaintiff. Dkt. 61. Plaintiff is required to submit the remaining $40,000 of the bond by July 12, 2023. The Court now directs that the Plaintiff may post security through surety, cashier's check, certified check, cash, or law firm check. The Clerk of Court is to deposit the funds into the Court Registry until further order of the Court. Signed by the Honorable Jorge L. Alonso on 7/12/2023. Notice mailed by Judge's staff
07/11/2023 MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction [46] is set for 7/18/2023 at 11:30 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
07/10/2023 Expert Declaration of Jim Gandy as to Invalidity of Asserted Design Patents (D972,900 and D974,856) due to Lack of Ornamentality by AIFI Camera, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, EAR CLEAN, Ear Vision, Ear Zeus, EarBeyond, EarEternity, EarSoul, Earpick, Earwise, LOYStore, Lansel-US, LoykerOtoscope, Ming Sheng Digital franchise, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, YJH Inc, ohuotoy store
附件:
1:Exhibit CV of Jim Gandy
2:Exhibit Advertisement - B08M9G18H3
3:Exhibit Advertisement - B0B4W121W1
07/10/2023 Expert Declaration of Jim Gandy as to Invalidity of Asserted Design Patents (D972,900 and D974,856) due to Lack of Ornamentality by AIFI Camera, AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, EAR CLEAN, Ear Vision, Ear Zeus, EarBeyond, EarEternity, EarSoul, Earpick, Earwise, LOYStore, Lansel-US, LoykerOtoscope, Ming Sheng Digital franchise, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, YJH Inc, ohuotoy store
07/07/2023 MINUTE entry before the Honorable Jorge L. Alonso: Preliminary injunction hearing held on 7/7/2023 before Judge Alonso as emergency judge. Argument heard regarding motion for preliminary injunction [46]. Five responses have been filed by a number of defendants, as well as two third parties. Counsel for those defendants and third parties were present at the hearing. With respect to the two third parties, AIFI Camera and Ear Zeus, the motion is denied. An order granting an injunction binds only the parties, the parties' officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them. Fed. R. Civ. P. 65(d)(2). Plaintiff supplied no reason, other than unsupported assumptions, that these two third parties meet any of these criteria. See Pow! Ent., LLC v. Individuals, Corps., Ltd. Liab. Cos., P'ships, & Unincorporated Ass'ns Identified On Schedule A Hereto, No. 20 CV 1324, 2020 WL 5076715, at *2 (N.D. Ill. Aug. 26, 2020). Further, for the reasons stated in open court, the Court orders as follows. The motion for preliminary injunction [46], other than with respect to third parties AIFI Camera and Ear Zeus, is taken under advisement for the considered judgment of Judge Durkin. Plaintiff has until 7/14/23 to file a reply in support of its motion for preliminary injunction. Over objection and for good cause shown, the TRO is extended for two weeks, through 7/19/23. Based upon the arguments that have been raised, the bond is increased by an additional $40,000, for a total of $50,000 inclusive of the $10,000 already posted by Plaintiff. Plaintiff has three calendar days in which to post the additional $40,000 bond. Notice mailed by Judge's staff
07/07/2023 RESPONSE by AISITIN Authorize Store, BenicabeDirect, EARHOME, Heystop Official Store, MLH.US.STORE, NJ-US Co. Ltd, QiYiEar, VANBAR, YM-US Co., Ltdin Opposition to MOTION by Plaintiff ABC Corporation for preliminary injunction [46]
附件:
1:Exhibit Comparison of References 1, 2, 3,
2:Exhibit Comparison of References 1, 4, 5
3:Declaration Shiting Li Declaration
07/07/2023 ATTORNEY Appearance for Defendants AIFINISTORE, DUKINE, Ear Camera, GIRCamera, Macro Camera, YIEAR, Yaejstore, Yjear by Brian Swift
07/07/2023 ATTORNEY Appearance for Defendants QiYiEar, EARHOME, MLH.US.STORE, BenicabeDirect, VANBAR, YM-US Co., Ltd, NJ-US Co. Ltd, Heystop Official Store, AISITIN Authorize Store by Andrew Shea Mcelligott
07/07/2023 ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, Shenzhen Yipincheng Technology Co., Ltd against ABC Corporation. by Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, Shenzhen Yipincheng Technology Co., Ltd
07/07/2023 ATTORNEY Appearance for Respondents AIFI Camera, Ear Zeus, Defendants Ear Vision, EarBeyond, EarEternity, EarSoul, Earpick, LOYStore, Lansel-US by He Cheng
07/06/2023 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion [46] hearing set for 7/7/23 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff
07/05/2023 RESPONSE by AOSITA, Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, COLL CAM, EAR CLEAN, Earwise, LoykerOtoscope, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, TOUCHBeauty Directt, YJH Inc, ohuotoy store, Earpick, Lansel-US, EarEternity, EarBeyond, Ear Vision, LOYStore, EarSoul, Ear Zeusin Opposition to MOTION by Plaintiff ABC Corporation for preliminary injunction [46]
附件:
1:Exhibit Chinese Judgement
2:Exhibit B08M9G18H3
3:Exhibit B08MXHSBVX
4:Exhibit B07PHLG4C2
5:Exhibit B0854G7RK7
6:Exhibit B086P52HC6
7:Exhibit B07KPSLPRW
8:Exhibit CN306651343
9:Exhibit CN 215503747 U
10:Exhibit B0B4W121W1
11:Exhibit IDS
07/05/2023 RESPONSE by Ming Sheng Digital franchisein Opposition to MOTION by Plaintiff ABC Corporation for preliminary injunction [46]
附件:
1:Exhibit DOE No. 011
2:Exhibit B08M9G18H3
3:Exhibit B08MXHSBVX
4:Exhibit B07PHLG4C2
5:Exhibit B0854G7RK7
6:Exhibit B086P52HC6
7:Exhibit B07KPSLPRW
8:Exhibit CN306651343
9:Exhibit CN 215503747 U
10:Exhibit B0B4W121W1
11:Exhibit IDS
07/05/2023 RESPONSE by AIFI Camerain Opposition to MOTION by Plaintiff ABC Corporation for preliminary injunction [46]
附件:
1:Exhibit Decl of Zhong
2:Exhibit B08M9G18H3
3:Exhibit B08MXHSBVX
4:Exhibit B07PHLG4C2
5:Exhibit B0854G7RK7
6:Exhibit B086P52HC6
7:Exhibit B07KPSLPRW
8:Exhibit CN306651343
9:Exhibit CN 215503747 U
10:Exhibit B0B4W121W1
11:Exhibit IDS
07/03/2023 ATTORNEY Appearance for Defendants Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, Ming Sheng Digital franchise, SUNPOLIN, Shenzhen Yipincheng Technology Co., Ltd, YJH Inc, AOSITA, ohuotoy store, Earwise, LoykerOtoscope, COLL CAM, EAR CLEAN, TOUCHBeauty Directt by He Cheng
06/30/2023 RESPONSE by AIFINISTORE, DUKINE, Ear Camera, GIRCamera, Macro Camera, YIEAR, Yaejstore, Yjearin Opposition to MOTION by Plaintiff ABC Corporation for preliminary injunction [46]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Declaration of Jiatin Lin
06/30/2023 ATTORNEY Appearance for Defendants Yjear, DUKINE, Ear Camera, GIRCamera by Adam Edward Urbanczyk
06/30/2023 SUMMONS Returned Executed by ABC Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/30/2023, answer due 7/21/2023.
06/30/2023 MEMORANDUM by ABC Corporation in support of motion for preliminary injunction[46]
附件:
1:Declaration of Matthew De Preter
06/30/2023 MOTION by Plaintiff ABC Corporation for preliminary injunction
06/22/2023 NOTICE of Voluntary Dismissal by ABC Corporation of Certain Defendants
06/22/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Barclays
06/22/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Leregle
06/22/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sisin
06/20/2023 NOTICE of Voluntary Dismissal by ABC Corporation of Certain Defendants
06/20/2023 money order BOND in the amount of $ 10000 receipt no 4624287506 posted by ABC Corporation
06/20/2023 MINUTE entry before the Honorable Thomas M. Durkin: Motion to Extend the Temporary Restraining Order [39] is granted. The Temporary Restraining Order entered on 6/7/2023 [19] [32] is extended by a period of 14-days through 7/5/2023. Mailed notice.
06/20/2023 SEALED MOTION by Plaintiff ABC Corporation to Extend the Temporary Restraining Order
06/20/2023 ATTORNEY Appearance for Defendants YIEAR, Macro Camera, AIFINISTORE, Yaejstore by Adam Edward Urbanczyk
06/20/2023 MINUTE entry before the Honorable Thomas M. Durkin: The Sealed Temporary Restraining Order entered on 6/7/2023, dkt. [19], contained a typographical error and is corrected as follows: the Temporary Restraining Order was entered at 10:00 A.M. on the 7th day of June 2023 and shall remain in effect for fourteen (14) calendar days. Mailed notice.
06/15/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ming Sheng Digital franchise
06/15/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ming Sheng Digital franchise
06/15/2023 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 6/15/2023. Defendants Leregle and Sisin's Emergency Motion to Require Compliance with Local Rule 26.2 [24] is granted subject to the conditions set forth in the oral ruling. Mailed notice.
06/15/2023 ATTORNEY Appearance for Defendant Ming Sheng Digital franchise by Wei Wang
06/15/2023 ATTORNEY Appearance for Defendants Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, Shenzhen Yipincheng Technology Co., Ltd by Wei Wang
06/15/2023 ATTORNEY Appearance for Defendant Ming Sheng Digital franchise by Tianyu Ju
06/15/2023 ATTORNEY Appearance for Defendants Bang Bang You Pin (Shenzhen) Industrial Co., Ltd, Shenzhen Yipincheng Technology Co., Ltd by Tianyu Ju
06/14/2023 STATUS Report by Leregle, Sisin
附件:
1:Exhibit 1
06/13/2023 ATTORNEY Appearance for Defendants Barclays, SUNPOLIN, YJH Inc by Ruoting Men
06/13/2023 MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to Defendants Leregle, Sisin's Emergency Motion to Require Compliance with Local Rule 26.2 [24] is set for 6/15/2023 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
06/13/2023 ATTORNEY Appearance for Defendants Barclays, SUNPOLIN, YJH Inc by Wei Wang
06/12/2023 ATTORNEY Appearance for Defendants Barclays, SUNPOLIN, YJH Inc by Tianyu Ju
06/12/2023 MOTION by Defendants Leregle, SisinEmergency Motion to Require Compliance with Local Rule 26.2
附件:
1:Exhibit 1
06/10/2023 ATTORNEY Appearance for Defendants Leregle, Sisin by Wei Wang
06/10/2023 ATTORNEY Appearance for Defendants Leregle, Sisin by Tianyu Ju
06/09/2023 ATTORNEY Appearance for Defendants Leregle, Sisin by Ruoting Men
06/09/2023 ATTORNEY Appearance for Defendants Leregle, Sisin by Tao Liu
06/07/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
06/07/2023 SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 6/7/2023. Mailed notice.
06/07/2023 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for a temporary restraining order including a temporary injunction, temporary asset restraint, expedited discovery, and order to show cause why preliminary injunction should not issue 12 is granted. Plaintiff's motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 14 is granted. Mailed notice.
06/05/2023 ATTORNEY Appearance for Plaintiff ABC Corporation by Emma Sander
05/31/2023 STATEMENT by Plaintiff ABC Corporationin Support of SEALED MOTION by Plaintiff ABC Corporation for Temporary Restraining Order 12 Supplement to Motion and Memorandum for TRO regarding amount of bond (De Preter, Matthew)
05/26/2023 MEMORANDUM by ABC Corporation in support of motion for miscellaneous relief 14 for Electronic Service of Process
附件:
1:(Declaration of Matthew De Preter)
05/26/2023 MOTION by Plaintiff ABC Corporation for Electronic Service of Process

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