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Case number 1:22-cv-00664

Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents

Date Field Doc. No.Description (Pages)
Feb 18, 2022 1 Amended Complaint* (1)
Feb 7, 2022 1 Complaint* (1)
Feb 7, 2022 N/A case assigned (0)
Docket Text: CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (ak, )
Feb 7, 2022 N/A clerk's notice (0)
Docket Text: CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ak, ) 1 Filed & Entered: 02/07/2022 complaint Docket Text: COMPLAINT filed by Dyson Technology Limited; Filing fee $ 402, receipt number 0752-19131127. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5)(Gaudio, Justin) 2 Filed & Entered: 02/07/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint[1] (Gaudio, Justin) 3 Filed & Entered: 02/07/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1-2 regarding complaint[1] (Attachments: # (1) Exhibit 1-1, # (2) Exhibit 1-2)(Gaudio, Justin) 4 Filed & Entered: 02/07/2022Terminated: 02/25/2022 motion for leave to file Docket Text: MOTION by Plaintiff Dyson Technology Limited for leave to file under seal (Gaudio, Justin) 5 Filed & Entered: 02/07/2022 civil cover sheet Docket Text: CIVIL Cover Sheet (Gaudio, Justin) 6 Filed & Entered: 02/07/2022 notification of affiliates pursuant to local rule 3.2 Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited (Gaudio, Justin) 7 Filed & Entered: 02/07/2022 other Docket Text: Notice of Claims Involving Patents by Dyson Technology Limited (Gaudio, Justin) 8 Filed & Entered: 02/07/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio (Gaudio, Justin) 9 Filed & Entered: 02/07/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain (Crain, Lawrence) 10 Filed & Entered: 02/07/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jake Michael Christensen (Christensen, Jake) 11 Filed & Entered: 02/07/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Abby Marie Neu (Neu, Abby) 12 Filed & Entered: 02/08/2022 Patent/Trademark report Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA. (rc, ) 13 Filed & Entered: 02/18/2022 amended complaint Docket Text: AMENDED complaint by Dyson Technology Limited against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5)(Gaudio, Justin) 14 Filed & Entered: 02/18/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding amended complaint, [13] (Gaudio, Justin) 15 Filed & Entered: 02/18/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 Part 1 regarding amended complaint, [13] (Attachments: # (1) Exhibit 1-1)(Gaudio, Justin) 16 Filed & Entered: 02/18/2022Terminated: 02/25/2022 motion for temporary restraining order Docket Text: MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) 17 Filed & Entered: 02/18/2022 memorandum in support of motion Docket Text: MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order[16] (Gaudio, Justin) 18 Filed & Entered: 02/18/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 19 Filed & Entered: 02/18/2022 declaration Docket Text: DECLARATION of Giles Samuel Lane regarding memorandum in support of motion[17] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) 20 Filed & Entered: 02/18/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 Part 1 regarding declaration[19] (Attachments: # (1) Exhibit 2-1)(Gaudio, Justin) 21 Filed & Entered: 02/18/2022Terminated: 02/25/2022 motion for miscellaneous relief Docket Text: MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) 22 Filed & Entered: 02/18/2022 memorandum in support of motion Docket Text: MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief[21] (Gaudio, Justin) 23 Filed & Entered: 02/18/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 24 Filed & Entered: 02/25/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Edmond E. Chang: In this design-patent infringement case, the Plaintiff's motion [16] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, disgorgement of profits under 35 U.S.C. § 289, which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of the Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [4] for leave to file under seal is granted in light of the asset-restraint goal. By 03/03/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of the Defendant in the text of the order and omitting Amended Schedule A). The Plaintiff's motion [22] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 03/11/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, if appropriate, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 03/04/2022. ***If and when the Plaintiff eventually filed a default-judgment motion, the motion must include a color photo of an actual Dyson-product embodiment of the Dyson design patent.*** Emailed notice (mw, ) 25 Filed & Entered: 02/25/2022 SEALED Order Docket Text: SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/25/2022. Emailed notice (mw, ) Filed & Entered: 03/04/2022 bond Docket Text: BOND in the amount of $ 1,000.00 check, Receipt No. 4624268833, posted by Dyson Technology Limited (ak, ) 26 Filed & Entered: 03/04/2022Terminated: 03/08/2022 extension of time Docket Text: MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order (Christensen, Jake) 27 Filed & Entered: 03/04/2022 memorandum in support of motion Docket Text: MEMORANDUM by Dyson Technology Limited in support of extension of time[26] (Attachments: # (1) Declaration of Jake M. Christensen)(Christensen, Jake) 28 Filed & Entered: 03/08/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion [26] on the TRO is granted, in light of the continued applicability of the circumstances that justified entry of the initial TRO. The TRO is extended through 03/25/2022. The tracking status hearing of 03/11/2022 is reset to 03/25/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 03/21/2022, the Plaintiff shall file a motion for preliminary injunction (if appropriate) or a status report. Emailed notice (mw, ) 29 Filed & Entered: 03/17/2022Terminated: 03/18/2022 motion to withdraw as attorney Docket Text: MOTION by Attorney Abby M. Neu to withdraw as attorney for Dyson Technology Limited. No party information provided (Christensen, Jake) 30 Filed & Entered: 03/18/2022 order on motion to withdraw as attorney Docket Text: MINUTE entry before the Honorable Edmond E. Chang: Abby Neu's motion to withdraw as counsel for Plaintiff [29] is granted. Emailed notice (mw, ) Filed & Entered: 03/21/2022 summons issued Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (dxb, ) 31 Filed & Entered: 03/21/2022 summons returned executed Docket Text: SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/21/2022, answer due 4/11/2022. (Attachments: # (1) Declaration of Jake M. Christensen, # (2) Exhibit A)(Christensen, Jake) 32 Filed & Entered: 03/21/2022Terminated: 03/24/2022 motion for preliminary injunction Docket Text: MOTION by Plaintiff Dyson Technology Limited for preliminary injunction , MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order (Attachments: # (1) Exhibit A)(Christensen, Jake) 33 Filed & Entered: 03/21/2022 memorandum in support of motion Docket Text: MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction, extension of time[32] (Attachments: # (1) Declaration of Jake M. Christensen, # (2) Exhibit 1)(Christensen, Jake) Filed & Entered: 03/24/2022 party added Docket Text: NEW PARTIES: odqoj45@163.com added to case caption. (Christensen, Jake) Filed & Entered: 03/24/2022 party added Docket Text: NEW PARTIES: duansiqi2409 added to case caption. Terminating odqoj45@163.com (Christensen, Jake) 34 Filed & Entered: 03/24/2022 order on motion for preliminary injunction Docket Text: PRELIMINARY INJUNCTION Order. In light of the continued applicability of the circumstances that warranted entry of the TRO, the motion [32] for preliminary injunction is granted. Given the answer deadline of 04/11/2022, the tracking status hearing of 03/25/2022 is reset to 04/22/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint initial status report by 04/15/2022. If the Defendant does not answer by 04/11/2022, then as of 04/12/2022, the Defendant is deemed in default. If the Defendant is in default, then the Plaintiff shall file a motion for default judgment in a sum certain by 04/15/2022. Signed by the Honorable Edmond E. Chang on 3/24/2022. Mailed notice (ags) 35 Filed & Entered: 04/15/2022Terminated: 04/21/2022 motion for entry of default Docket Text: MOTION by Plaintiff Dyson Technology Limited for entry of default as to all defendants, MOTION by Plaintiff Dyson Technology Limited for default judgment as to all defendants (Attachments: # (1) Exhibit 1, # (2) Exhibit A)(Christensen, Jake) 36 Filed & Entered: 04/15/2022 memorandum in support of motion Docket Text: MEMORANDUM by Dyson Technology Limited in support of motion for entry of default,, motion for default judgment, [35] (Attachments: # (1) Exhibit 1)(Christensen, Jake) 37 Filed & Entered: 04/15/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36] (Attachments: # (1) Exhibit 1)(Christensen, Jake) 38 Filed & Entered: 04/21/2022 order on motion for entry of default Docket Text: MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the Plaintiff's motion for default judgment [35] is granted. Given the allegations in the amended complaint are now established by the default, a permanent injunction will be entered as well. Damages are awarded in the amount of $250. A separate AO-450 judgment shall be entered. The tracking status hearing of 04/22/2022 is vacated. Civil case terminated.Emailed notice (mw, ) 39 Filed & Entered: 04/21/2022 order Docket Text: DEFAULT JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 04/21/2022. Emailed notice (mw, ) 40 Filed & Entered: 04/21/2022 entered judgment Docket Text: ENTERED JUDGMENT Signed by the courtroom deputy on 04/21/2022. Emailed notice (mw, )
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