Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A

COMPLAINT filed by Dyson Technology Limited; Filing fee $ 405, receipt number AILNDC-22971548. (Attachments: # 1 Exhibit 2)(Gaudio, Justin) (Entered: 01/17/2025)

2025-01-17

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SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint 1 (Gaudio, Justin) (Entered: 01/17/2025)

2025-01-17

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SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 regarding complaint 1 (Gaudio, Justin) (Entered: 01/17/2025)

2025-01-17

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MOTION by Plaintiff Dyson Technology Limited for leave to file under seal (Gaudio, Justin) (Entered: 01/17/2025)

2025-01-17

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CIVIL Cover Sheet (Gaudio, Justin) (Entered: 01/17/2025)

2025-01-17

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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited (Gaudio, Justin) (Entered: 01/17/2025)

2025-01-17

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Notice of Claims involving Patents by Dyson Technology Limited (Gaudio, Justin) (Entered: 01/17/2025)

2025-01-17

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ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio (Gaudio, Justin) (Entered: 01/17/2025)

2025-01-17

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ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain (Crain, Lawrence) (Entered: 01/17/2025)

2025-01-17

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ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph (Joseph, Justin) (Entered: 01/17/2025)

2025-01-17

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ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham (Burnham, Andrew) (Entered: 01/17/2025)

2025-01-17

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CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). (khg, )

2025-01-21

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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. (khg, )

2025-01-21

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MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging infringement by 163 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 February 5, 2025. 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. All pending motions are hereby stayed pending resolution of the joinder issue. Mailed notice. (vcf, ) (Entered: 01/22/2025)

2025-01-22

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AMENDED complaint by Dyson Technology Limited against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: # 1 Exhibit 2)(Gaudio, Justin) (Entered: 01/23/2025)

2025-01-23

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SEALED EXHIBIT by Plaintiff Dyson Technology Limited Amended Schedule A regarding amended complaint 13 (Gaudio, Justin) (Entered: 01/23/2025)

2025-01-23

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SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Part 1 regarding amended complaint 13 (Attachments: # 1 Exhibit 1-1)(Gaudio, Justin) (Entered: 01/23/2025)

2025-01-23

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MAILED patent report to Patent Trademark Office, Alexandria VA (vkm, ) (Entered: 01/23/2025)

2025-01-23

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MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order 17 (Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18 (Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 18 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 18 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Part 1 regarding declaration 20 (Attachments: # 1 Exhibit 2-1)(Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Part 1 regarding declaration 20 (Attachments: # 1 Exhibit 2-1)(Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief 22 (Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 23 (Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file 4, motion for miscellaneous relief 22, motion for temporary restraining order 17 before Honorable Jeremy C. Daniel on 1/30/2025 at 09:30 AM. (Gaudio, Justin) (Entered: 01/24/2025)

2025-01-24

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ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jennifer Van Nacht (Nacht, Jennifer) (Entered: 01/29/2025)

2025-01-29

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MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. The plaintiff's ex parte motion for temporary restraining order 17 is denied. The plaintiff contends that it "has submitted extensive documentation that Defendants make, use, offer for sale, sell, and/or import into the United States for subsequent sale or use the same product, namely, that infringes directly and/or directly the Dyson Designs. The documentation submitted by Plaintiff show that an ordinary observer would be deceived into thinking that the Infringing Product was the same as the Dyson Designs." That "extensive documentation" consists of the asserted patent and a screen shot of the accused product. At no point does the plaintiff provide any analysis to explain why an ordinary observer would find the accused product to be substantially the same as the patented design. Nor is there any attempt to highlight the similarities between the two. Perhaps because there are few, if any, non-functional claimed features of the design contained in the accused product. The patent shows a cylindrically-shaped hair styling and hair care apparatus where the base of the primary cylinder includes a patterned or knurled band that extends perhaps a sixth of the way down the cylinder; three buttons arranged in a triangular pattern near the opposite end of the cylinder; a sharp line delineating the last sixth of the primary cylinder; and a narrower cylinder extending from the primary cylinder. (To be clear, this is a description of the figures shown in the patent and not a construction of the claims.) The accused product is also a cylindrically-shaped design with a knurled edge, but the knurling patterns appear distinct. Importantly, there are two buttons on the primary cylinder of the accused product arranged longitudinally (one on top of the other). The different knurled patterns and different arrangement of buttons preclude a finding that the accused product's design is substantially the same as the asserted patent. See PS Prods. Inc. v. Panther Trading Co. Inc., 122 F.4th 893, 898, 99 (Fed. Cir. 2024) ("To establish design patent infringement, a plaintiff must show an 'ordinary observer' would be deceived into believing the accused product is the same as the patented design."). In other words, the plaintiff has not shown that it is likely to show that an ordinary observer would believe the accused product is the same as the patented design. Because the Court denied the motion for a temporary restraining order, the Court sees no reason to maintain this case under seal. Therefore, the motion to seal 4 is denied. The same is true for the plaintiff's request for expedited discovery, which is also denied. The plaintiff's motion for electronic service of process 22 is granted. Mailed notice. (vcf, ) (Entered: 01/30/2025)

2025-01-30

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MINUTE entry before the Honorable Jeremy C. Daniel: In light of the order entered on 1/30/2025 27, the Clerk is directed to unseal docket entries 2, 3, 14, 15 and 21 . Mailed notice. (vcf, ) (Entered: 02/03/2025)

2025-02-03

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Overview

Parties

Defendant

The Partnerships and Unincorporated Associations Identified on Schedule A Follow

Represented By

Plaintiff

Dyson Technology Limited Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed by Dyson Technology Limited; Filing fee $ 405, receipt number AILNDC-22971548. (Attachments: # 1 Exhibit 2)(Gaudio, Justin) (Entered: 01/17/2025)

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint 1 (Gaudio, Justin) (Entered: 01/17/2025)

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 regarding complaint 1 (Gaudio, Justin) (Entered: 01/17/2025)

MOTION by Plaintiff Dyson Technology Limited for leave to file under seal (Gaudio, Justin) (Entered: 01/17/2025)

CIVIL Cover Sheet (Gaudio, Justin) (Entered: 01/17/2025)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited (Gaudio, Justin) (Entered: 01/17/2025)

Notice of Claims involving Patents by Dyson Technology Limited (Gaudio, Justin) (Entered: 01/17/2025)

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio (Gaudio, Justin) (Entered: 01/17/2025)

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain (Crain, Lawrence) (Entered: 01/17/2025)

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph (Joseph, Justin) (Entered: 01/17/2025)

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham (Burnham, Andrew) (Entered: 01/17/2025)

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). (khg, )

AMENDED complaint by Dyson Technology Limited against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: # 1 Exhibit 2)(Gaudio, Justin) (Entered: 01/23/2025)

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Amended Schedule A regarding amended complaint 13 (Gaudio, Justin) (Entered: 01/23/2025)

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Part 1 regarding amended complaint 13 (Attachments: # 1 Exhibit 1-1)(Gaudio, Justin) (Entered: 01/23/2025)

MAILED patent report to Patent Trademark Office, Alexandria VA (vkm, ) (Entered: 01/23/2025)

MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 01/24/2025)

MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order 17 (Gaudio, Justin) (Entered: 01/24/2025)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18 (Gaudio, Justin) (Entered: 01/24/2025)

DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 18 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 01/24/2025)

DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 18 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 01/24/2025)

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Part 1 regarding declaration 20 (Attachments: # 1 Exhibit 2-1)(Gaudio, Justin) (Entered: 01/24/2025)

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Part 1 regarding declaration 20 (Attachments: # 1 Exhibit 2-1)(Gaudio, Justin) (Entered: 01/24/2025)

MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) (Entered: 01/24/2025)

MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief 22 (Gaudio, Justin) (Entered: 01/24/2025)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 23 (Gaudio, Justin) (Entered: 01/24/2025)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file 4, motion for miscellaneous relief 22, motion for temporary restraining order 17 before Honorable Jeremy C. Daniel on 1/30/2025 at 09:30 AM. (Gaudio, Justin) (Entered: 01/24/2025)

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jennifer Van Nacht (Nacht, Jennifer) (Entered: 01/29/2025)

MINUTE entry before the Honorable Jeremy C. Daniel: In light of the order entered on 1/30/2025 27, the Clerk is directed to unseal docket entries 2, 3, 14, 15 and 21 . Mailed notice. (vcf, ) (Entered: 02/03/2025)

Track Case Updates

The Partnerships and Unincorporated Associations Identified on Schedule A

Dyson Technology Limited