2024-cv-05863

COMPLAINT filed by Guangdongsheng Shunhechuanmei Co., Ltd.; Filing fee $ 405, receipt number AILNDC-22230987.

Exhibit Exh. 1 - An Infringing Product Listing

Exhibit Exh. 2 - U.S. Pat. No. D1,006,076

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

(Exhibit Exh. 6 - U.S. PTO Communication)

SEALED DOCUMENT by Plaintiff Guangdongsheng Shunhechuanmei Co., Ltd. Sealed Schedule A to Complaint

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Guangdongsheng Shunhechuanmei Co., Ltd. by Konrad Val Sherinian

ATTORNEY Appearance for Plaintiff Guangdongsheng Shunhechuanmei Co., Ltd. by Depeng Bi

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Guangdongsheng Shunhechuanmei Co., Ltd.

NOTICE by Guangdongsheng Shunhechuanmei Co., Ltd. Notice of Claims Involving Patents

MOTION by Plaintiff Guangdongsheng Shunhechuanmei Co., Ltd. for temporary restraining order

MEMORANDUM by Guangdongsheng Shunhechuanmei Co., Ltd. in support of motion for temporary restraining order 8

DECLARATION of Konrad Sherinian regarding motion for temporary restraining order 8

Exhibit Exh. 1 - Intellectual Property Rights Seizure Statistics

Errata Exh. 2 - Hague Convention

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

(Exhibit Exh. 4 - Binder of Unreported Cases)

DECLARATION of Wei Gao regarding motion for temporary restraining order 8

(Exhibit Exh. 1 - U.S. Pat. D1,006,076)

SEALED DOCUMENT by Plaintiff Guangdongsheng Shunhechuanmei Co., Ltd. Exh. 2 to Declaration of Wei Gao (Stores 1-50)

Exhibit Stores 51-95

Exhibit Stores 96-140

Exhibit Stores 141-185

Exhibit Stores 186-230

Exhibit Stores 231-275

(Exhibit Stores 276-303)

MOTION by Plaintiff Guangdongsheng Shunhechuanmei Co., Ltd. to seal

MOTION by Plaintiff Guangdongsheng Shunhechuanmei Co., Ltd. for leave to file excess pages

MINUTE entry before the Executive Committee: Case reassigned to the Honorable Martha Pacold for all further proceedings pursuant to the provisions of 28 USC 294(b). Mailed notice

(Request for reassignment) (ags)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is ordered to show cause by 7/29/2024 why this case should not be dismissed for failure to comply with the joinder restrictions in 35 U.S.C. § 299. See Hu v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-5881, at Dkt. Nos. 15, 23 (N.D. Ill. 2024); Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 24-cv-848, at Dkt. No. 25 (N.D. Ill. 2024). If plaintiff needs more time, plaintiff may move for an extension of time.

MEMORANDUM text entry, 16 by Guangdongsheng Shunhechuanmei Co., Ltd. in response to Dkt. No. 15 order to show cause

DECLARATION of Konrad Sherinian regarding memorandum 17

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)

MOTION by Intervenor Wuhanqiuzhaokejiyouxiangongsi to stay regarding complaint, 1, MOTION by Plaintiff Guangdongsheng Shunhechuanmei Co., Ltd. for temporary restraining order 8

(Exhibit)

ATTORNEY Appearance for Intervenor Wuhanqiuzhaokejiyouxiangongsi by Lance Y. Liu

Corporate Disclosure Statement by Wuhanqiuzhaokejiyouxiangongsi

RESPONSE by Guangdongsheng Shunhechuanmei Co., Ltd.in Opposition to MOTION by Intervenor Wuhanqiuzhaokejiyouxiangongsi to stay regarding complaint, 1, MOTION by Plaintiff Guangdongsheng Shunhechuanmei Co., Ltd. for temporary restraining order 8 19

Exhibit Exh. 1 - U.S. Pat. D993,734

Exhibit Exh. 2 - U.S. Pat. D1,006,076

Exhibit Exh. 3 - Certificate of Correction

Exhibit Exh. 4 - Order Dismissing S.D.N.Y. Case

Exhibit Exh. 5 - NOD - N.D. Ill. 24-748

(Exhibit Exh. 6 - Sales Authorization Filed in Prosecution)

DECLARATION of Depeng Bi regarding response in opposition to motion, 22

REPLY by Intervenor Wuhanqiuzhaokejiyouxiangongsi to declaration 23, response in opposition to motion, 22

Exhibit USPTO Decision on Micro Entity

Exhibit USPTO Office Action

Exhibit Declaration of Haijin Cheng

Exhibit Exhibit A to Declaration of Haijin Cheng

Exhibit Exhibit B to Declaration of Haijin Cheng

Exhibit Exhibit C to Declaration of Haijin Cheng

(Exhibit Exhibit D to Declaration of Haijin Cheng)

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's response, 17, to the court's 7/16/2024 minute entry, 16, which directed plaintiff to show cause why this case should not be dismissed for failure to comply with the joinder restrictions in 35 U.S.C. § 299. For purposes of the show-cause order, the court finds that plaintiff has discharged its obligation to show that the joinder requirements of 28 U.S.C. § 299 and Rule 20 have been met. See Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 21-cv-536 (N.D. Ill. Mar. 6, 2021) (Docket No. 14).

MINUTE entry before the Honorable Martha M. Pacold: The court has received the parties' briefing on the motion to stay the complaint 19. An in-person hearing is set for 8/16/2024 at 10:00 a.m. in Courtroom 2325. Each party will be given 15 minutes to argue the motion to stay 19.

MOTION by Intervenor WuhanqiuzhaokejiyouxiangongsiPermission to attend hearing via telephone

MINUTE entry before the Honorable Martha M. Pacold: Intervenor's motion for permission to attend the 8/15/24 hearing via telephone, [28] is granted. Intervenor is permitted to attend the hearing via telephone. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court. Plaintiff's in-person attendance is still required.

MINUTE entry before the Honorable Martha M. Pacold: In-person motion hearing held on 8/15/2024. Counsel for the intervenor participated by telephone. Plaintiff's ex parte motion for entry of a TRO, including a temporary injunction, a temporary asset restraint and expedited discovery [8] is withdrawn. Plaintiff's motion for leave to file under seal [13] is denied. Plaintiff's motion to exceed page limit [14] is withdrawn. Intervenor's motion to stay the present action pending a priority contest with a competing patent from the intervenor [19] is denied as moot. By 8/19/2024, the intervenor is directed to provide plaintiff's counsel a list of the intervenor's stores. Plaintiff's amended complaint is due by 9/5/2024. Defendants to answer or otherwise plead to the amended complaint by 9/26/2024. If Defendants file a counterclaim, plaintiff will be given until 10/17/2024 to answer or otherwise plead. If any motions are filed, the parties are directed to confer and submit a joint status report proposing an agreed briefing schedule.

MOTION by Attorney Lance Liu to withdraw as attorney for Wuhanqiuzhaokejiyouxiangongsi. New address information: Wuhanqiuzhaokejiyouxiangongsi, No. 05-B154, 25th Floor, Unit J, Building J, Exhibition and Trade Center, "Wuhan Living Room Small Convention and Exhibition Center Construction Project" north of Jinyintan Avenue and south of Yintan Road, Jiangjun Road Street, Dongxihu District, Wuhan, P.R. China

First AMENDED complaint by Guangdongsheng Shunhechuanmei Co., Ltd. against Wuhanqiuzhaokejiyouxiangongsi

Exhibit Exh. 1 - U.S. Pat. D1,006,076

Exhibit Exh. 2 - Certificate of Correction

Exhibit Exh. 3 - U.S. Pat. D993,734

Certificate of Service

MINUTE entry before the Honorable Martha M. Pacold: Telephone motion hearing held on 9/5/2024 and continued to 9/12/2024 at 9:30 a.m. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court. Attorney Lance Liu's motion to withdraw as counsel for intervenor [31] is entered and continued to 9/12/24 at 9:30 a.m. The executed waiver of service should be filed on the court docket.

ORDER: Telephone motion hearing held on 9/12/2024. Attorney Lance Liu failed to appear. Attorney Lance Liu's motion to withdraw as counsel [31] is granted. Lance Liu is terminated as counsel for defendant. The Clerk of Court is directed to add Wuhanqiuzhaokejiyouxiangongsi's contact information on the waiver of service [40] to the docket as follows: Li Chengyan, Hongfeng Jinzuo, Hongshan District, Wuhan City, Hubei Province, email address: 1745390667@qq.com, telephone number: 15118971127. Mr. Liu is directed to contact the Clerk's Office promptly and no later than 9/20/2024 if the above contact information is not correct. Plaintiff's counsel is directed to send a copy of this order to Mr. Liu. Plaintiff (or both parties if defendant has appeared) should file by 12/11/2024 a status report updating the court on the status of the case, proposing next steps, and any request for a further status hearing. Signed by the Honorable Martha M. Pacold on 9/12/2024. Mailed notice

MOTION by Plaintiff Guangdongsheng Shunhechuanmei Co., Ltd. for default judgment as to Defendant Wuhanqiuzhaokejiyouxiangongsi

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.

MINUTE entry before the Honorable Martha M. Pacold: Wuhanqiuzhaokejiyouxiangongsi waived service but has not filed an answer or responded to plaintiff's motion for entry of default and default judgment, 43. The motion 43 is granted. Enter Default Final Judgment Order. Civil case terminated.

DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 1/17/2025: