2024-cv-09635

COMPLAINT filed by Solawave Inc.; Filing fee $ 405, receipt number AILNDC-22569910.

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Solawave Inc. Schedule A regarding complaint[1]

SEALED EXHIBIT by Plaintiff Solawave Inc. Exhibit 1 - Parts 1-3 regarding complaint[1]

MOTION by Plaintiff Solawave Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Solawave Inc.

Notice of Claims Involving Patents by Solawave Inc.

ATTORNEY Appearance for Plaintiff Solawave Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Solawave Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Solawave Inc. by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiff Solawave Inc. by Lucas Allen Peterson

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 1).

MAILED patent report to Patent Trademark Office, Alexandria VA.

MOTION by Plaintiff Solawave Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Solawave Inc. in support of motion for temporary restraining order 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

DECLARATION of Andrew Silberstein regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Solawave Inc. Exhibit 2 - Parts 1-3 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

(Exhibit 2-3)

MOTION by Plaintiff Solawave Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Solawave Inc. in support of motion for miscellaneous relief 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file 4, motion for temporary restraining order 13, motion for miscellaneous relief 18 before Honorable Jeremy C. Daniel on 10/22/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging design patent infringement against 132 defendants. (R. 1 and R. 2.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before October 25, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "[d]efendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products in the same transaction, occurrence, or series of transactions or occurrences." (R. 1 Para. 20.) This is a conclusory statement that does nothing to establish the propriety of joinder. Moreover, experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together. Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). The October 22, 2024, motion hearing is stricken. The Court will consider the issues raised in this order first, and will hear argument on the issues raised in this order on October 30, 2024, at 9:30 a.m. Mailed notice.

Supplemental Memorandum in Response to 22 by Solawave Inc.

DECLARATION of Justin R. Gaudio regarding other 23

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

Exhibit 11

(Exhibit 12)

MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. For the reasons stated in open court, the rule to show cause is discharged. The Court takes the supplemental memorandum concerning joinder under advisement. Mailed notice.

ORDER. The complaint 1 is dismissed without prejudice for misjoinder. The plaintiff has fourteen days from the entry of this order to file an amended complaint naming an appropriate defendant or group of properly joined defendants. The plaintiff's motion for leave to file under seal 4 is granted. All other pending motions [ 13, 18 ] are denied as moot. Signed by the Honorable Jeremy C. Daniel on 11/18/2024. Mailed notice

AMENDED complaint by Solawave Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Solawave Inc. Schedule A regarding amended complaint 27

SEALED EXHIBIT by Plaintiff Solawave Inc. Exhibit 1 regarding amended complaint 27

MOTION by Plaintiff Solawave Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Solawave Inc. in support of motion for temporary restraining order 30

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 31

DECLARATION of Andrew Silberstein regarding memorandum in support of motion 31

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Solawave Inc. Exhibit 2 regarding declaration 33

MOTION by Plaintiff Solawave Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Solawave Inc. in support of motion for miscellaneous relief 35

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 36

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 30, motion for miscellaneous relief 35 before Honorable Jeremy C. Daniel on 12/19/2024 at 09:30 AM.

ATTORNEY Appearance for Plaintiff Solawave Inc. by Thomas Joseph Juettner

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motions for temporary restraining order [30] and for electronic service of process [35] are granted. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 12/19/2024. Mailed notice.

Registry Deposit Information Form by Solawave Inc.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

MOTION by Plaintiff Solawave Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Solawave Inc. in support of motion for preliminary injunction[43]

Declaration of Justin T. Joseph

Exhibit 1

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction[43] before Honorable Jeremy C. Daniel on 1/2/2025 at 09:30 AM.

Exhibit A

SUMMONS Returned Executed by Solawave Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/27/2024, answer due 1/17/2025.

Declaration of Justin T. Joseph

Exhibit A

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 Jeremy C. Daniel:The Court resets this motion hearing to 1/9/25 at 9:30 a.m. The Court sua sponte extends the temporary restraining order to 1/9/25 at 11:00 a.m. because the Court is unavailable to hear this motion on 1/2/25. Mailed notice

MINUTE entry before the Honorable Jeremy C. Daniel: In recognition of the National Day of Mourning for President James Earl Carter, Jr., the United States District Court for the Northern District of Illinois will be closed on Thursday, January 9, 2025. Any matter previously set for Thursday, January 9, 2025, is continued to Friday, January 10, 2025, at 10:00 a.m. Mailed notice.

ATTORNEY Appearance for Plaintiff Solawave Inc. by Andrew Daniel Burnham

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeremy C. Daniel on 1/10/2025. Motion hearing held. Plaintiff's motion for entry of a preliminary injunction as to certain defendants 43 is granted. The plaintiff is hereby ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on court's website located at www.ilnd.uscourts.gov/instructions. Mailed notice.

NEW PARTIES: cosmetics_store added to case caption.

NOTICE of Voluntary Dismissal by Solawave Inc.

MINUTE entry before the Honorable Jeremy C. Daniel: Pursuant to the Notice of Dismissal 52, this case is dismissed with prejudice. Civil case terminated. Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: Any party to this action has until October 21, 2025, to justify the continued need to seal any documents in this case. The Court intends to unseal all documents in this case after that date. Mailed notice.