2024-cv-05615

COMPLAINT filed by Shenzhen Yixun Technology Co., Ltd.; Filing fee $ 405, receipt number AILNDC-22209907.

Exhibit Exh. 1 - An Infringing Product Listing

Exhibit Exh 2 - U.S. Pat. Nos. D993245, D1004574, and D1,004,684

Exhibit Exh. 3 - Intellectual Property Rights Seizure Statistics

Exhibit Exh. 4 - Alibaba, Amazon, and Counterfeiting in the Age of the Internet

(Exhibit Exh. 5 - Combating Trafficking in Counterfeit and Pirated Goods)

SEALED DOCUMENT by Plaintiff Shenzhen Yixun Technology Co., Ltd. Sealed Schedule A to Complaint

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Shenzhen Yixun Technology Co., Ltd. by Konrad Val Sherinian

ATTORNEY Appearance for Plaintiff Shenzhen Yixun Technology Co., Ltd. by Depeng Bi

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 1).

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.

MOTION by Plaintiff Shenzhen Yixun Technology Co., Ltd. for temporary restraining order

MEMORANDUM by Shenzhen Yixun Technology Co., Ltd. in support of motion for temporary restraining order 6

DECLARATION of Konrad Sherinian regarding motion for temporary restraining order 6

Exhibit Exh. 1 - Intellectual Property Rights Seizure Statistics

Exhibit Exh. 2 - Hague Convention

Exhibit Exh. 3 - Civil Procedure Law of the People's Republic of China

(Exhibit Exh. 4 - Binder of Unreported Cases)

DECLARATION of Jibiao Ma regarding motion for temporary restraining order 6

(Exhibit Exh. 1 - US Pat. D993245, D1004574, and D1004684)

SEALED DOCUMENT by Plaintiff Shenzhen Yixun Technology Co., Ltd. Sealed Exh. 2 to Declaration of Jibiao Ma

Exhibit Stores 51-100

Exhibit Stores 101-150

(Exhibit Stores 151-195)

MOTION by Plaintiff Shenzhen Yixun Technology Co., Ltd. to seal Schedule A to Complaint and Exhibit 2 to Declaration of Jibiao Ma

MOTION by Plaintiff Shenzhen Yixun Technology Co., Ltd. for leave to file excess pages

NOTICE of Motion by Konrad Val Sherinian for presentment of motion for temporary restraining order 6, motion for leave to file excess pages 12, motion to seal 11 before Honorable Manish S. Shah on 7/9/2024 at 09:45 AM.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Yixun Technology Co., Ltd.

NOTICE by Shenzhen Yixun Technology Co., Ltd. Notice of Claims Involving Patents

MINUTE entry before the Honorable Manish S. Shah: The motion to seal 11 is granted. Plaintiff has demonstrated that if defendants are alerted to the filings, they are likely to take steps to evade identification and plaintiff's efforts to enforce its patents. The motion to file excess pages 12 is granted. The motion for a TRO is taken under advisement. Plaintiff must file a supplemental exhibit listing each defendant and identifying the specific patent allegedly infringed by that defendant along with an image comparing that defendant's product to the patented design. Plaintiff must also file a supplemental brief explaining why joinder of all 195 defendants is appropriate under 35 U.S.C. s. 299(a)(1) and explain how each defendant sold "the same accused product." That each defendant has allegedly infringed the patent(s) in suit is insufficient to establish joinder. 35 U.S.C. s. 299(b). From the court's review of the evidence, not every defendant is accused of selling the same product or infringing the same patent(s). Plaintiff's supplemental filings are due 7/15/24 and may be filed under seal. No appearance on 7/9/24 is necessary.

SEALED DOCUMENT by Plaintiff Shenzhen Yixun Technology Co., Ltd. Sealed First Amended Schedule A to Complaint

SEALED DOCUMENT by Plaintiff Shenzhen Yixun Technology Co., Ltd. Sealed Supplemental Exhibit in re Dkt. No. 16

MEMORANDUM order on motion to seal, order on motion for leave to file excess pages, terminate hearings, terminate motions, text entry, set deadlines, 16 by Shenzhen Yixun Technology Co., Ltd.

DECLARATION of Konrad Sherinian regarding memorandum 19

Exhibit Exh. 1 - Amazon's Heavy Recruitment

Exhibit Exh. 2 - Intellectual Property Rights

Exhibit Exh. 3 - Combating Trafficking in Counterfeit

(Exhibit Exh. 4 - Binder of Unreported Cases)

MINUTE entry before the Honorable Manish S. Shah: The motion for a temporary restraining order [6] is granted. Although the court is not persuaded that joinder is appropriate or that every defendant is selling the same accused product, the court will wait for a defendant to appear and raise misjoinder to have the benefit of adversarial presentation. Plaintiff's complaint identifies three patents, but plaintiff's supplemental memorandum and exhibit explains that it is alleging infringement of only one patent. That change is material. The court warns plaintiff's counsel that filing a complaint alleging infringement of multiple patents when those allegations are not supported by the available evidence may violate Rule 11. Security in the amount of $200,000 must be posted within seven days. Enter Sealed TRO. Notices Mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 7/11/2024. Notices Mailed.

AMENDED complaint by Shenzhen Yixun Technology Co., Ltd. against The Partnerships And Unicorporated Associations Identified On Schedule A

Exhibit Exh. 1 - An Infringing Product Listing

Exhibit Exh. 2 - U.S. Pat. No. 1,004,574 and Recordation Notice

Exhibit Exh. 3 - Intellectual Property Rights Seizure Statistics

Exhibit Exh. 4 - Alibaba, Amazon, and Counterfeiting in the Age of the Internet

(Exhibit Exh. 5 - Combating Trafficking in Counterfeit and Pirated Goods)

SURETY BOND in the amount of $ 200,000.00 posted by Shenzhen Yixun Technology Co., Ltd. (Document not imaged) (Received at the Intake Counter on 07/16/2024.)

MOTION by Plaintiff Shenzhen Yixun Technology Co., Ltd. for extension of time Extend TRO

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time [25] is granted, and no appearance on the motion is necessary. The TRO is extended to 8/8/24. Notices Mailed.

MOTION by Plaintiff Shenzhen Yixun Technology Co., Ltd. for preliminary injunction

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 31 is granted. Enter Preliminary Injunction Order. 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. Notices mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 8/1/2024. Notices mailed.

NOTICE of Voluntary Dismissal by Shenzhen Yixun Technology Co., Ltd.

NEW PARTIES: Happy Orange Tree, KIWI design Direct US, TechKen, Esimen Direct Online, RCstyle, Ritammi, CNBEYOUNG, Thinkline LLC, BosaenDirect, AMVR, Gorliskl, Linzhen, SINWEVR US, HiBloks, SOOMFON OFFICIAL and Ulcreigo added to case caption.

NEW PARTIES: Lampelc, HAMOPY, Relohas Direct, NVNVVR, APOSU, YeFungHe, Maecker, UPOK, thepricesright4u, Earrock, JWzhang, FANPL Tech, PoetofMayuan, Huayu Shop, EBUYGOGO, MbananaVR Direct US Store, VR Cover, HINOVO - US, QYCHHJ and AIXOTO Tech US added to case caption.

NEW PARTIES: Jiazhe Direct, SDCM-US, YRXVW, Acase mall, DESTEK Direct, Yulinus, WYHK, SXWKY US, Monja-US direct, AMVR, AMVR, AMVR, JWzhang, JWzhang, AIXOTO Tech US, KIWI design Direct US, Relohas Direct, Relohas Direct, Relohas Direct, Relohas Direct, Relohas Direct, Relohas Direct, Relohas Direct, Relohas Direct and Relohas Direct added to case caption.

NEW PARTIES: JWzhang, KIWI design Direct US, KIWI design Direct US, KIWI design Direct US, KIWI design Direct US, TechKen, VidPPluing, VidPPluing, KALAUTO US, Green Science and Technology Empire, General Fantasy, Wenzhou Manyue Electronic Commerce Co., Ltd., YeFungHe, HCHRVR, TechKen, YeFungHe, Wonderdb, Techmazen (Serial Numbers Recorded), Asseveration, Gaoyao, Jiazhe Direct, Happy Orange Tree and Coolerage added to case caption.

NEW PARTIES: AIXOTO Tech US, BOXILA, YRXVW, AMVR, liykuai, FUDASI, SDCM-US, BINBOK VR, APEXINNO, STAR ANGEL TEC, liykuai, imluckies Direct, TechKen, Omni-in XR Smart Device, Mogankey, Amaz247, Btkige, Coolerage and OOAVR added to case caption.

NEW PARTIES: CNBEYOUNG, RHOTALL US, HCHRVR, TechDroid, shniueng, FUDASI, QIYU-US, AMVR, weilaishuzi, HCHRVR, Relohas Direct, Xiangyixiang Technology, QIYU-US, Linzhen, Xiangyixiang Technology, Esimen Direct Online, Thinkline LLC, KIWI design Direct US, AFYMY, Tujuezity-US, Acase mall, TechDroid, thetree, Omni-in XR Smart Device, TechKen, TechKen, TechKen, Esimen Direct Online, Esimen Direct Online and RCstyle added to case caption.

NEW PARTIES: CNBEYOUNG, MOJOXR, AMVR, AMVR, HiBloks, UPOK, thepricesright4u, JWzhang, JWzhang, JWzhang, JWzhang, JWzhang, MbananaVR Direct US Store, MbananaVR Direct US Store, MbananaVR Direct US Store, VR Cover, VR Cover, VR Cover, VR Cover, VR Cover, AIXOTO Tech US, AIXOTO Tech US, AIXOTO Tech US, SDCM-US, SXWKY US, KIWI design Direct US and KIWI design Direct US added to case caption.

NEW PARTIES: BOXILA, ZcdayeDirect, SDCM-US, STAR ANGEL TEC, STAR ANGEL TEC, HCHRVR, Acase mall, KIWI design Direct US, Changsha Yuepei Technology Co., Ltd., RGEEK US, KIWI design Direct US, AMVR, YPGER-US, the GetD Store, OOAVR, bochengwenhuachuangbo, weilaishuzi, RGEEK US, Esimen Direct Online and AIXOTO Tech US added to case caption.

NEW PARTIES: TATACO, KIWI design Direct US, JWzhang, OOAVR, AIXOTO Tech US, yunheyue, Iesooy, MbananaVR Direct US Store, ZcdayeDirect, Linzhen, Gwyoneaon Direct US store, FYAKSYAS, MbananaVR Direct US Store, qualitiers and Sonicgrace added to case caption.

NEW PARTIES: Happy Orange Tree, KIWI design Direct US, TechKen, Esimen Direct Online, RCstyle, Ritammi, CNBEYOUNG, Thinkline LLC, BosaenDirect, AMVR, Gorliskl, Linzhen, SINWEVR US, HiBloks, SOOMFON OFFICIAL and Ulcreigo added to case caption.

NOTICE of Voluntary Dismissal by Shenzhen Yixun Technology Co., Ltd.

NOTICE of Voluntary Dismissal by Shenzhen Yixun Technology Co., Ltd.

NOTICE of Voluntary Dismissal by Shenzhen Yixun Technology Co., Ltd.

NOTICE of Voluntary Dismissal by Shenzhen Yixun Technology Co., Ltd.

MOTION by Plaintiff Shenzhen Yixun Technology Co., Ltd. for default judgment as to certain defendants

MEMORANDUM by Shenzhen Yixun Technology Co., Ltd. in support of motion for default judgment 44

(Exhibit List of Defaulting Defendants)

DECLARATION of Konrad Sherinian regarding motion for default judgment 44

MOTION by Plaintiff Shenzhen Yixun Technology Co., Ltd. for default judgment as to certain defendants (CORRECTED)

MEMORANDUM by Shenzhen Yixun Technology Co., Ltd. in support of motion for default judgment 47 CORRECTED

(Exhibit List of Defaulting Defendants)

DECLARATION of Konrad Sherinian regarding motion for default judgment 47 CORRECTED

NOTICE of Motion by Konrad Val Sherinian for presentment of motion for default judgment 47 before Honorable Manish S. Shah on 8/28/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Case called for hearing on the motion for entry of default judgment 47 and no one appears. Defendants at issue in the motion have not appeared and are in default. The court concludes that permanent injunctive relief is appropriate for the same reasons that preliminary injunctive relief was appropriate. The court, however, does not credit plaintiff's counsel's statement of infringing revenue. Plaintiff's counsel has mistakenly filed documents, alleged patents that counsel did not have evidence to support for infringement, submitted a proposed order calling for a domain name transfer when no defendant domain names are identified in this case, and did not appear to present the motion and address any questions the court may have had. The court has too many credibility concerns to credit the conclusory statement of infringing revenue in counsel's declaration. The court awards the statutory minimum of $250 per defendant. Enter judgment and terminate civil case. Notices Mailed.

ENTERED JUDGMENT. Notices Mailed.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 8/28/2024. Notices Mailed.

FULL SATISFACTION of Judgment

FULL SATISFACTION of Judgment

FULL SATISFACTION of Judgment

FULL SATISFACTION of Judgment

FULL SATISFACTION of Judgment

FULL SATISFACTION of Judgment