DPG USA Inc. v. The Partnerships And Unicorporated Associations Identified On Schedule A

COMPLAINT filed by DPG USA Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22798566. (Attachments: # 1 Appendix Schedule A, # 2 Appendix Schedule A-1, # 3 Appendix Schedule A-2, # 4 Exhibit 1)(Poplin, Allen Justin) (Entered: 12/04/2024)

2024-12-04

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SEALED DOCUMENT by Plaintiff DPG USA Inc. UNREDACTED Complaint (Attachments: # 1 Appendix Schedule A, # 2 Appendix Schedule A-1, # 3 Appendix Schedule A-2, # 4 Exhibit 1)(Poplin, Allen Justin) (Entered: 12/04/2024)

2024-12-04

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CIVIL Cover Sheet (Poplin, Allen Justin) (Entered: 12/04/2024)

2024-12-04

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MOTION by Plaintiff DPG USA Inc.Electronic Service of Process (Poplin, Allen Justin) (Entered: 12/04/2024)

2024-12-04

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MOTION by Plaintiff DPG USA Inc. for temporary restraining order (Poplin, Allen Justin) (Entered: 12/04/2024)

2024-12-04

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MEMORANDUM by DPG USA Inc. in support of motion for temporary restraining order 5 (Poplin, Allen Justin) (Entered: 12/04/2024)

2024-12-04

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MOTION by Plaintiff DPG USA Inc. to seal 2 (Poplin, Allen Justin) (Entered: 12/04/2024)

2024-12-04

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ATTORNEY Appearance for Plaintiff DPG USA Inc. by Allen Justin Poplin (Poplin, Allen Justin) (Entered: 12/04/2024)

2024-12-04

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Notice of Patent Claims by DPG USA Inc. (Poplin, Allen Justin) (Entered: 12/04/2024)

2024-12-04

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ATTORNEY Appearance for Plaintiff DPG USA Inc. by Wangxue Deng (Deng, Wangxue) (Entered: 12/04/2024)

2024-12-04

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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DPG USA Inc. (Poplin, Allen Justin) (Entered: 12/04/2024)

2024-12-04

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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. (rjm, )

2024-12-04

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CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). (rjm, )

2024-12-04

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MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 37 Defendants in this single case and seeks ex parte relief against each of them 4 5 . However, after reviewing the redacted and sealed versions of the complaint 1 2 and other filings, the Court questions whether Plaintiff has established sufficient grounds for joinder of all Defendants. See 35 U.S.C. § 299; Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at *1 (N.D. Ill. Jan. 4, 2024) ("accused infringers may not be joined in one action as defendants... based solely on allegations that they each have infringed the patent or patents in suit."). Examples of a few of the 37 Defendants using the same or similar images are not enough. By 12/19/24, Plaintiff must either (a) file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A Defendant to demonstrate that joinder is proper; or (b) file under seal an amended Schedule A with a subset of Defendants, along with an amended declaration that explains how each of these Defendants is properly joined with each other and includes labeled exhibits that contain screenshots or other information specific to Defendants listed on amended Schedule A only. The motions for electronic service 4 and a TRO 5 are taken under advisement until the joinder issue is resolved. Plaintiff's motion to seal 7 is granted. The unredacted version of the complaint and schedules 1 shall remain under seal until further order of the Court. Finally, the Court notes that none of these motions were timely noticed for presentment. As a one-time courtesy and because there is a preliminary joinder issue that needs to be resolved, Plaintiff's non-compliance with the Court's notice of presentment requirement will be disregarded. For future reference, non-compliant motions will be stricken. Emailed notice. (cdh, ) (Entered: 12/05/2024)

2024-12-05

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NOTICE of Voluntary Dismissal by DPG USA Inc. of defendants 1-23 (Poplin, Allen Justin) (Entered: 12/12/2024)

2024-12-12

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MEMORANDUM order on motion for miscellaneous relief,,,,,,,,, order on motion for temporary restraining order,,,,,,,,, order on motion to seal,,,,,,,,, set deadlines,,,,,,,,, terminate motions,,,,,,,, 12 by DPG USA Inc. (Attachments: # 1 Appendix Redacted Schedule A)(Poplin, Allen Justin) (Entered: 12/12/2024)

2024-12-12

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SEALED RESPONSE by DPG USA Inc. to memorandum, 14, order on motion for miscellaneous relief,,,,,,,,, order on motion for temporary restraining order,,,,,,,,, order on motion to seal,,,,,,,,, set deadlines,,,,,,,,, terminate motions,,,,,,,, 12 (Attachments: # 1 Appendix Schedule A)(Poplin, Allen Justin) (Entered: 12/12/2024)

2024-12-12

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MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 12 questioning whether Plaintiff had met its burden of establishing that permissive joinder of Defendant Nos. 1-37 in this case was proper under 35 U.S.C. § 299. Plaintiff was granted leave to file either a supplemental memorandum or an amended Schedule A consistent with that ruling. In response, Plaintiff filed a Notice of Dismissal Under Rule 41(a)(1) 13 voluntarily dismissing Defendant Nos. 1-23, a Supplemental Memorandum Regarding Joinder 14 15, and an Amended Schedule A including Defendant Nos. 24-37 only. Plaintiff essentially argues that joinder is proper because Defendant Nos. 24-37 all sell the identical products on Temu and use identical advertising images and such similarities support its conclusory allegation that Defendants jointly and severally infringed Plaintiff's patent, but the Court remains unconvinced. See Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at *2 (N.D. Ill. Jan. 4, 2024) (finding that plaintiff's allegations that all of the defendants' online storefronts share numerous similarities, are located in China, and have a similar number of employees were insufficient to establish joinder under 35 U.S.C. § 299). Furthermore, Plaintiff's argument that all Defendants' use of the "same" rather than "similar" images is not persuasive. See id. ("Even if the webpages were identical, it would not necessarily suggest the defendants are connected. To the contrary, it would hardly be surprising that multiple, independent sellers of similar products would parrot each other's webpages or match each other's prices."). Because Plaintiff has failed to cure the misjoinder here, the Court exercises its discretion to do so. Therefore, the Court dismisses Defendant Nos. 25-37 without prejudice for improper joinder. This action will proceed as to Defendant No. 24 only. Plaintiff's motions for electronic service 4 and a TRO 5 as to all Defendants are terminated as moot. By 12/31/24, Plaintiff may file renewed electronic service and TRO motions as to Defendant No. 24, whose identity shall remain under seal until that date. If Plaintiff does not request further relief as to Defendant No. 24, all previously sealed documents will be unsealed, and this case may be dismissed for want of prosecution. Emailed notice. (cdh, ) (Entered: 12/13/2024)

2024-12-13

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Miscellaneous Relief

2024-12-31

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Temporary Restraining Order

2024-12-31

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Local Rule 3.2 Annual Reminder Order

2025-01-01

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Order on Motion for Miscellaneous Relief AND Order on Motion for TRO

2025-01-02

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Sealed Order AND Temporary Restraining Order

2025-01-02

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Temporary Restraining Order

2025-01-08

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Order on Motion for TRO

2025-01-10

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Preliminary Injunction

2025-01-21

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Order on Motion for Preliminary Injunction

2025-01-30

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Preliminary Injunction

2025-01-30

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Default Judgment

2025-03-04

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Order on Motion for Default Judgment

2025-03-31

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Order

2025-03-31

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Overview

Parties

Defendant

The Partnerships And Unicorporated Associations Identified On Schedule A

Represented By

Plaintiff

DPG USA Inc.

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed by DPG USA Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22798566. (Attachments: # 1 Appendix Schedule A, # 2 Appendix Schedule A-1, # 3 Appendix Schedule A-2, # 4 Exhibit 1)(Poplin, Allen Justin) (Entered: 12/04/2024)

SEALED DOCUMENT by Plaintiff DPG USA Inc. UNREDACTED Complaint (Attachments: # 1 Appendix Schedule A, # 2 Appendix Schedule A-1, # 3 Appendix Schedule A-2, # 4 Exhibit 1)(Poplin, Allen Justin) (Entered: 12/04/2024)

CIVIL Cover Sheet (Poplin, Allen Justin) (Entered: 12/04/2024)

MOTION by Plaintiff DPG USA Inc.Electronic Service of Process (Poplin, Allen Justin) (Entered: 12/04/2024)

MOTION by Plaintiff DPG USA Inc. for temporary restraining order (Poplin, Allen Justin) (Entered: 12/04/2024)

MEMORANDUM by DPG USA Inc. in support of motion for temporary restraining order 5 (Poplin, Allen Justin) (Entered: 12/04/2024)

MOTION by Plaintiff DPG USA Inc. to seal 2 (Poplin, Allen Justin) (Entered: 12/04/2024)

ATTORNEY Appearance for Plaintiff DPG USA Inc. by Allen Justin Poplin (Poplin, Allen Justin) (Entered: 12/04/2024)

Notice of Patent Claims by DPG USA Inc. (Poplin, Allen Justin) (Entered: 12/04/2024)

ATTORNEY Appearance for Plaintiff DPG USA Inc. by Wangxue Deng (Deng, Wangxue) (Entered: 12/04/2024)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DPG USA Inc. (Poplin, Allen Justin) (Entered: 12/04/2024)

CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). (rjm, )

NOTICE of Voluntary Dismissal by DPG USA Inc. of defendants 1-23 (Poplin, Allen Justin) (Entered: 12/12/2024)

Miscellaneous Relief

Temporary Restraining Order

Local Rule 3.2 Annual Reminder Order

Order on Motion for Miscellaneous Relief AND Order on Motion for TRO

Sealed Order AND Temporary Restraining Order

Temporary Restraining Order

Order on Motion for TRO

Preliminary Injunction

Order on Motion for Preliminary Injunction

Preliminary Injunction

Default Judgment

Order on Motion for Default Judgment

Order

DPG USA Inc. v. The Partnerships And Unicorporated Associations Identified On Schedule A

Overview

Parties

Defendant

The Partnerships And Unicorporated Associations Identified On Schedule A Follow

Represented By

Plaintiff

DPG USA Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed by DPG USA Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22798566. (Attachments: # 1 Appendix Schedule A, # 2 Appendix Schedule A-1, # 3 Appendix Schedule A-2, # 4 Exhibit 1)(Poplin, Allen Justin) (Entered: 12/04/2024)

SEALED DOCUMENT by Plaintiff DPG USA Inc. UNREDACTED Complaint (Attachments: # 1 Appendix Schedule A, # 2 Appendix Schedule A-1, # 3 Appendix Schedule A-2, # 4 Exhibit 1)(Poplin, Allen Justin) (Entered: 12/04/2024)

CIVIL Cover Sheet (Poplin, Allen Justin) (Entered: 12/04/2024)

MOTION by Plaintiff DPG USA Inc.Electronic Service of Process (Poplin, Allen Justin) (Entered: 12/04/2024)

MOTION by Plaintiff DPG USA Inc. for temporary restraining order (Poplin, Allen Justin) (Entered: 12/04/2024)

MEMORANDUM by DPG USA Inc. in support of motion for temporary restraining order 5 (Poplin, Allen Justin) (Entered: 12/04/2024)

MOTION by Plaintiff DPG USA Inc. to seal 2 (Poplin, Allen Justin) (Entered: 12/04/2024)

ATTORNEY Appearance for Plaintiff DPG USA Inc. by Allen Justin Poplin (Poplin, Allen Justin) (Entered: 12/04/2024)

Notice of Patent Claims by DPG USA Inc. (Poplin, Allen Justin) (Entered: 12/04/2024)

ATTORNEY Appearance for Plaintiff DPG USA Inc. by Wangxue Deng (Deng, Wangxue) (Entered: 12/04/2024)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DPG USA Inc. (Poplin, Allen Justin) (Entered: 12/04/2024)

CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). (rjm, )

NOTICE of Voluntary Dismissal by DPG USA Inc. of defendants 1-23 (Poplin, Allen Justin) (Entered: 12/12/2024)

Miscellaneous Relief

Temporary Restraining Order

Local Rule 3.2 Annual Reminder Order

Order on Motion for Miscellaneous Relief AND Order on Motion for TRO

Sealed Order AND Temporary Restraining Order

Temporary Restraining Order

Order on Motion for TRO

Preliminary Injunction

Order on Motion for Preliminary Injunction

Preliminary Injunction

Default Judgment

Order on Motion for Default Judgment

Order

Track Case Updates

The Partnerships And Unicorporated Associations Identified On Schedule A

DPG USA Inc.