Case number 1:22-cv-00272
Yu v. The Partnerships and Unincorporated Associations identified in Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 18, 2022 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (ak, ) |
| Jan 18, 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, ) 6 Filed & Entered: 01/20/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff QINFENG YU by Stevenson Moore (Moore, Stevenson) 7 Filed & Entered: 01/20/2022Terminated: 02/02/2022 Sealed motion Docket Text: PLAINTIFF'S EX PARTE MOTION for entry of a sealed temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and for alternative service by Plaintiff QINFENG YU (Attachments: # (1) Memorandum in Support, # (2) Declaration Qinfeng Yu, # (3) Exhibit A-1, Part 1, # (4) Exhibit A-1, Part 2, # (5) Exhibit A-3, Part 3)(Moore, Stevenson) Modified on 3/4/2022 (jn, ). 8 Filed & Entered: 01/20/2022Terminated: 02/02/2022 motion to seal document Docket Text: MOTION by Plaintiff QINFENG YU to seal document SEALED MOTION by Plaintiff QINFENG YU [7] (Moore, Stevenson) 9 Filed & Entered: 01/20/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff QINFENG YU by Steven G Kalberg (Kalberg, Steven) 10 Filed & Entered: 01/21/2022 Patent/Trademark report Docket Text: MAILED Patent report to Patent Trademark Office, Alexandria VA. (jh, ) 11 Filed & Entered: 01/28/2022 text entry Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion [7]. Before the court rules on the motion, Plaintiff is directed to review this court's procedures for Schedule A cases on the court's website (https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==). Plaintiff is directed to submit its proposed TRO order (along with a track changes version comparing plaintiff's proposed order to the court's template) to the court's proposed orders inbox following the procedures on the website by 2/1/2022. (rao, ) 12 Filed & Entered: 02/02/2022 order on motion to seal document Docket Text: MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motion and supporting memoranda [7] and the temporary restraining order, Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and alternative service [7] is granted. Plaintiff's motions to seal [5], [8] are also granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement of Plaintiff's design patent and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest "because infringement interferes with the property rights inherent in Plaintiff's patent, including Plaintiff's right to control its design. Those rights cannot be fully compensated by money damages. The harm to Plaintiff's patent rights may be more compensable through damages than in other similar trademark cases brought by counsel. Patent protection is not intended to address public perception of the source of goods; consumer confusion is a less weighty concern here. Nevertheless, there is some irreparable harm and there is no countervailing harm to defendants from an order directing them to stop infringement." Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 1:20-cv-05972 (N.D. Ill. May 22, 2020) (Docket No. 33). Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether Plaintiff genuinely intends to pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court five thousand dollars ($5,000.00), either cash or surety bond, as security. (rao, ) 13 Filed & Entered: 02/02/2022 SEALED Order Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/2/2022: (rao, ) Modified on 3/4/2022 (jn, ). Filed & Entered: 02/09/2022 bond Docket Text: BOND in the amount of $5,000.00 cashier's check posted by QINFENG YU (dxb, ) Filed & Entered: 02/10/2022 summons issued Docket Text: SUMMONS Issued as to Defendant THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A" (ey, ) 14 Filed & Entered: 02/14/2022Terminated: 03/02/2022 motion for preliminary injunction Docket Text: MOTION by Plaintiff QINFENG YU for preliminary injunction (Attachments: # (1) Memorandum in Support, # (2) Exhibit A, # (3) Exhibit A-1, Part 1, # (4) Exhibit A-1, Part 2, # (5) Exhibit A-3, Part 3, # (6) Exhibit B)(Moore, Stevenson) 15 Filed & Entered: 02/15/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction [14] under advisement and will consider the motion unopposed if no defendant appears and objects by 2/24/2022. Plaintiff shall serve all defendants with this notice. (rao, ) 16 Filed & Entered: 02/16/2022Terminated: 02/17/2022 motion for miscellaneous relief Docket Text: MOTION by Plaintiff QINFENG YU for two-week extension of Temporary Restraining Order (Attachments: # (1) Memorandum in Support, # (2) Exhibit A)(Moore, Stevenson) 17 Filed & Entered: 02/17/2022 order on motion for miscellaneous relief Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order [13] to 3/2/2022 [16] is granted for the same reasons a Temporary Restraining Order was appropriate. (rao, ) Modified on 2/18/2022 (rao, ). 18 Filed & Entered: 03/02/2022 order on motion for preliminary injunction Docket Text: MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [14]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [14] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) 19 Filed & Entered: 03/02/2022 preliminary injunction Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/2/2022: (rao, ) 20 Filed & Entered: 03/02/2022 order Docket Text: ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 3/2/2022. Mailed notice (jn, ) Filed & Entered: 03/03/2022 party added Docket Text: NEW PARTIES: FREEFA, ASIEURO US, ANGUS-US, FRGFRG, RiY, tianyulabao, Run Duck, Dongguan Well Known E-Commerce Co., Ltd., shanxishuohualedianzishangwuyouxiangongsi, hongbangdoufupu, koytooy, Zerrone, leihai, daminjinxiu, changch unshilifushangm aoyouxiangongsiusm, INKERLEE, Yongte, USABLE, DITTOPSS, AERZETIX DIRECT, leinx us, Noelwose, nailiang, Linmu, jinhuaxiaod, CX-WILL, YMUAN Direct, JOE JOE US, Kinedil, US--Sunrise, VDKIDKT, Cacioa, Chang-Jia, ONEST Studio, Jun-Lian, Mutouzi, USA Trend ha, Startoo, ATESSON, AsHome, Amapaw Direct, AemoToy, Chaoran, WankaiGo, Hiyong-US, nanchneggu, Di Ao, Sunfait, yealexy, Nobility Shop, Youmate and MingTine added to case caption. (Moore, Stevenson) 21 Filed & Entered: 03/03/2022 notice of voluntary dismissal Docket Text: NOTICE of Voluntary Dismissal by Qinfeng Yu of Defendant ONEST Studio (Moore, Stevenson) 22 Filed & Entered: 03/04/2022 add and terminate parties Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [21], which seeks to voluntarily dismiss defendant ONEST Studio under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant ONEST Studio from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 3/11/2022 identifying the remaining defendants. ONEST Studio terminated. (rao, ) 23 Filed & Entered: 03/13/2022 notice of filing Docket Text: NOTICE by Qinfeng Yu of Filing Amended Schedule A (Attachments: # (1) Exhibit Schedule A)(Moore, Stevenson) 24 Filed & Entered: 03/13/2022 notice of voluntary dismissal Docket Text: NOTICE of Voluntary Dismissal by Qinfeng Yu of Defendant Moita Direct (Moore, Stevenson) 25 Filed & Entered: 03/18/2022 text entry Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff filed a notice purporting to voluntarily dismiss defendant MOITA Direct. [24]. The court has previously advised plaintiff that voluntary dismissal of individual defendants (as opposed to the entire action) is inappropriate and that plaintiff should instead move for leave to amend Schedule A to the complaint to remove such defendants. [22]. The court granted plaintiff leave to amend to remove defendant ONEST Studio from Schedule A and directed plaintiff to file an amended Schedule A by 3/11/2022. Plaintiff did not file an amended complaint by 3/11/2022 and instead, on 3/13/2022, filed an amended Schedule A that purports to dismiss not just ONEST Studio but eleven additional defendants as well. [23]. Plaintiff is advised that all of the defendants aside from ONEST Studio remain in the case and have not been dismissed. If plaintiff wants to dismiss any additional defendants from the case, plaintiff must file a motion for leave to amend asking to do so. (rao, ) 26 Filed & Entered: 03/22/2022Terminated: 03/25/2022 motion for leave to file Docket Text: MOTION by Plaintiff Qinfeng Yu for leave to file Amended Schedule A to Complaint (Attachments: # (1) Amended Schedule A)(Moore, Stevenson) 27 Filed & Entered: 03/25/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for leave to file amended Schedule A to complaint [26] is granted. Plaintiff is directed to file the amended Schedule A separately on the docket by 3/30/2022. AsHome, Cacioa, Chang-Jia, FREEFA, Linmu, Mutouzi, Sunfait, US--Sunrise, USA Trend ha, Zerrone, changch unshilifushangm aoyouxiangongsiusm, daminjinxiu, hongbangdoufupu, leihai, nailiang, nanchneggu, ATESSON, AemoToy, and shanxishuohualedianzishangwuyouxiangongsi terminated. (rao, ) 28 Filed & Entered: 03/29/2022 amended document Docket Text: AMENDED complaint[1] Exhibit 2, Amended Schedule A (Moore, Stevenson) 29 Filed & Entered: 04/15/2022Terminated: 04/21/2022 motion for leave to file Docket Text: MOTION by Plaintiff Qinfeng Yu for leave to file Second Amended Schedule A to Complaint (Attachments: # (1) Exhibit Second Amended Schedule A)(Moore, Stevenson) 30 Filed & Entered: 04/21/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for leave to file second amended Schedule A [29] is granted. Defendants Noelwose, yealexy, RiY, JOE JOE US, and Jun-Lian are hereby dismissed without prejudice. (rao, ) 31 Filed & Entered: 04/21/2022 amended document Docket Text: AMENDED amended document[28] Exhibit 2, Second Amended Schedule A (Moore, Stevenson) 32 Filed & Entered: 05/02/2022Terminated: 05/23/2022 motion for default judgment Docket Text: MOTION by Plaintiff Qinfeng Yu for default judgment as to Defendants ASIEURO US, ANGUS-US, FRGFRG, tianyulabao, Run Duck, Dongguan Well Known E-Commerce Co., Ltd., koytooy, INKERLEE, Yongte, USABLE, DITTOPSS, AERZETIC DIRECT, leinx us, CX-WILL, YMUAN Direct, Kinedil, Startoo, Amapaw Direct, Chaoran, Hiyong-US, Di Ao, Nobility Shop, and Youmate (Attachments: # (1) Memorandum in Support, # (2) Exhibit A - Decl. Stevenson Moore, # (3) Exhibit A-1, # (4) Exhibit A-2)(Moore, Stevenson) 33 Filed & Entered: 05/03/2022 set motion and R&R deadlines/hearings Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment [32] must enter an appearance and file a written objection by 5/12/2022. If no objections are filed, the court will consider the motion unopposed. Further, because Plaintiff is seeking an order of judgment as to some, but not all, defendants (as listed on the most recent Amended Schedule A [31]), Plaintiff is directed to file a brief of no more than 10-pages by 5/12/2021 addressing whether entry of final judgment is appropriate under Federal Rule of Civil Procedure 54(b). Plaintiff shall serve defendants with this notice. (rao, ) 34 Filed & Entered: 05/06/2022Terminated: 05/09/2022 motion for leave to file Docket Text: MOTION by Plaintiff Qinfeng Yu for leave to file Third Amended Schedule A (Attachments: # (1) Third Amended Schedule A)(Moore, Stevenson) 35 Filed & Entered: 05/09/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for leave to file a third amended Schedule A [34] is granted. Defendants USABLE, Chaoran, jinhuaxiaod, VDKIDKT, and WankaiGo are hereby dismissed without prejudice. (rao, ) 36 Filed & Entered: 05/11/2022 amended document Docket Text: AMENDED amended document[31] Exhibit 2, Third Amended Schedule A (Moore, Stevenson) 37 Filed & Entered: 05/11/2022 memorandum Docket Text: MEMORANDUM motion for default judgment, [32] by Qinfeng Yu Brief on Entry of Final Judgment (Moore, Stevenson) 38 Filed & Entered: 05/19/2022Terminated: 05/23/2022 motion for leave to file Docket Text: MOTION by Plaintiff Qinfeng Yu for leave to file Amended Schedule A to Complaint (Attachments: # (1) Amended Schedule A)(Moore, Stevenson) 39 Filed & Entered: 05/23/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for leave to file fourth amended Schedule A [38] is granted. Defendant leinx us is hereby dismissed. (rao, ) 40 Filed & Entered: 05/23/2022 order on motion for default judgment Docket Text: ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [32]. The motion is granted. Based on the evidence submitted in support of the temporary restraining order, preliminary injunction, and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that defendants have infringed its patent, that plaintiff is entitled to damages in the amounts set forth in the separate final judgment order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its patent causes it irreparable harm as set forth in the separate judgment order; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. Enter Final Judgment Order. The five thousand dollars ($5,000) bond posted by plaintiff, including any interest, minus the registry fee, is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $5,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, David R. Bennett, Direction IP Law, P.O. Box 14184, Chicago, IL 60614. Terminate civil case. Signed by the Honorable Martha M. Pacold on 5/23/2022: Mailed notice(daj, ) 41 Filed & Entered: 05/23/2022 order Docket Text: DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 5/23/2022: Mailed notice (daj, ) 42 Filed & Entered: 05/23/2022 Patent/Trademark report Docket Text: MAILED patent report and closing order [40] to Patent Trademark Office, Alexandria VA (daj, ) 43 Filed & Entered: 06/09/2022 satisfaction of judgment Docket Text: Full SATISFACTION of Judgment as to Defendant Hiyong-US (Moore, Stevenson) 44 Filed & Entered: 06/22/2022 satisfaction of judgment Docket Text: FULL SATISFACTION of Judgment as to Defendant INKERLEE (Moore, Stevenson) |
| Jan 17, 2022 | 1 | Complaint* (1) |
| Jan 17, 2022 | 1 | complaint (Main Document) (10) Docket Text: COMPLAINT for Patent Infringement filed by QINFENG YU; Jury Demand. Filing fee $ 402, receipt number 0752-19061954. (Attachments: # (1) Exhibit List, # (2) Exhibit Schedule A, # (3) Exhibit 1, # (4) Exhibit 2)(Bennett, David) |
| Jan 17, 2022 | 1 | complaint (Exhibit List) (1) Docket Text: COMPLAINT for Patent Infringement filed by QINFENG YU; Jury Demand. Filing fee $ 402, receipt number 0752-19061954. (Attachments: # (1) Exhibit List, # (2) Exhibit Schedule A, # (3) Exhibit 1, # (4) Exhibit 2)(Bennett, David) |
| Jan 17, 2022 | 1 | complaint (Exhibit Schedule A) (2) Docket Text: COMPLAINT for Patent Infringement filed by QINFENG YU; Jury Demand. Filing fee $ 402, receipt number 0752-19061954. (Attachments: # (1) Exhibit List, # (2) Exhibit Schedule A, # (3) Exhibit 1, # (4) Exhibit 2)(Bennett, David) |
| Jan 17, 2022 | 1 | complaint (Exhibit 1) (2) Docket Text: COMPLAINT for Patent Infringement filed by QINFENG YU; Jury Demand. Filing fee $ 402, receipt number 0752-19061954. (Attachments: # (1) Exhibit List, # (2) Exhibit Schedule A, # (3) Exhibit 1, # (4) Exhibit 2)(Bennett, David) |
| Jan 17, 2022 | 1 | complaint (Exhibit 2) (2) Docket Text: COMPLAINT for Patent Infringement filed by QINFENG YU; Jury Demand. Filing fee $ 402, receipt number 0752-19061954. (Attachments: # (1) Exhibit List, # (2) Exhibit Schedule A, # (3) Exhibit 1, # (4) Exhibit 2)(Bennett, David) |
| Jan 17, 2022 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Bennett, David) |
| Jan 17, 2022 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff QINFENG YU by David Randolph Bennett (Bennett, David) |
| Jan 17, 2022 | 4 | sealed document (Main Document) (1) Docket Text: EXHIBIT LIST by Plaintiff QINFENG YU re Complaint (Attachments: # (1) Exhibit Schedule A, # (2) Exhibit 1-1, # (3) Exhibit 1-2, # (4) Exhibit 1-3, # (5) Exhibit 2)(Bennett, David) Modified on 3/4/2022 (jn, ). |
| Jan 17, 2022 | 4 | sealed document (Exhibit Schedule A) (3) Docket Text: EXHIBIT LIST by Plaintiff QINFENG YU re Complaint (Attachments: # (1) Exhibit Schedule A, # (2) Exhibit 1-1, # (3) Exhibit 1-2, # (4) Exhibit 1-3, # (5) Exhibit 2)(Bennett, David) Modified on 3/4/2022 (jn, ). |
| Jan 17, 2022 | 4 | sealed document (Exhibit 1-1) (30) Docket Text: EXHIBIT LIST by Plaintiff QINFENG YU re Complaint (Attachments: # (1) Exhibit Schedule A, # (2) Exhibit 1-1, # (3) Exhibit 1-2, # (4) Exhibit 1-3, # (5) Exhibit 2)(Bennett, David) Modified on 3/4/2022 (jn, ). |
| Jan 17, 2022 | 4 | sealed document (Exhibit 1-2) (30) Docket Text: EXHIBIT LIST by Plaintiff QINFENG YU re Complaint (Attachments: # (1) Exhibit Schedule A, # (2) Exhibit 1-1, # (3) Exhibit 1-2, # (4) Exhibit 1-3, # (5) Exhibit 2)(Bennett, David) Modified on 3/4/2022 (jn, ). |
| Jan 17, 2022 | 4 | sealed document (Exhibit 1-3) (30) Docket Text: EXHIBIT LIST by Plaintiff QINFENG YU re Complaint (Attachments: # (1) Exhibit Schedule A, # (2) Exhibit 1-1, # (3) Exhibit 1-2, # (4) Exhibit 1-3, # (5) Exhibit 2)(Bennett, David) Modified on 3/4/2022 (jn, ). |
| Jan 17, 2022 | 4 | sealed document (Exhibit 2) (8) Docket Text: EXHIBIT LIST by Plaintiff QINFENG YU re Complaint (Attachments: # (1) Exhibit Schedule A, # (2) Exhibit 1-1, # (3) Exhibit 1-2, # (4) Exhibit 1-3, # (5) Exhibit 2)(Bennett, David) Modified on 3/4/2022 (jn, ). |
| Jan 17, 2022 | 5 | motion to seal document (Main Document) (2) Docket Text: MOTION by Plaintiff QINFENG YU to seal document sealed document[4] (Attachments: # (1) Text of Proposed Order)(Bennett, David) |
| Jan 17, 2022 | 5 | motion to seal document (Text of Proposed Order) (2) Docket Text: MOTION by Plaintiff QINFENG YU to seal document sealed document[4] (Attachments: # (1) Text of Proposed Order)(Bennett, David) |
