2022-cv-06094

COMPLAINT filed by Dispensing Technologies B.V. ; Filing fee $ 402, receipt number AILNDC-20011525.

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

MOTION by Plaintiff Dispensing Technologies B.V. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dispensing Technologies B.V.

Notice of Claims Involving Patents by Dispensing Technologies B.V.

ATTORNEY Appearance for Plaintiff Dispensing Technologies B.V. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Dispensing Technologies B.V. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Dispensing Technologies B.V. by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff Dispensing Technologies B.V. by Thomas Joseph Juettner

MAILED patent report to Patent Trademark Office, Alexandria VA

MOTION by Plaintiff Dispensing Technologies B.V. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Dispensing Technologies B.V. 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 Femke Vos regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Dispensing Technologies B.V. Exhibit 2 - Parts 1-3 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

(Exhibit 2-3)

MOTION by Plaintiff Dispensing Technologies B.V. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Dispensing Technologies B.V. 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 miscellaneous relief 18, motion for temporary restraining order 13, motion for leave to file 4 before Honorable John Robert Blakey on 11/22/2022 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Plaintiff has sued sixty-five sellers alleging patent infringement, see [1], [2], and seeks a temporary restraining order to enjoin, inter alia, any further sales of unauthorized products. 35 U.S.C. § 299 provides that "accused infringers may be joined in one action as defendants. only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action. Id. § 299(a). The statute specifically provides that "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." Id. § 299(b). Here, Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged and established, via declaration, that "the e-commerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use." [1] 18. Plaintiff has also alleged and established that the e-commerce stores operating under the Seller Aliases "include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images," and that the products sold by the Seller Aliases "bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." Id. See also [16] 14. For present purposes, this satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2). Additionally, based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal [4] and motion for electronic service of process [18]. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order [13]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 12/2/22. The 11/22/22 Notice of Motion date is stricken. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 11/18/2022. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

MOTION by Plaintiff Dispensing Technologies B.V. for extension of time of Temporary Restraining Order

MEMORANDUM by Dispensing Technologies B.V. in support of extension of time 24

(Declaration of Jake M. Christensen)

NOTICE of Motion by Jake Michael Christensen for presentment of extension of time 24 before Honorable John Robert Blakey on 12/1/2022 at 11:00 AM.

SURETY BOND in the amount of $ 10,000.00 posted by Dispensing Technologies B.V. (Document not scanned).

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 24 to extend the temporary restraining order entered 11/18/22 23. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 12/16/22. The 12/1/22 Notice of Motion date is stricken. Mailed notice

ATTORNEY Appearance for Defendant HeetaDirect by Adam Edward Urbanczyk

MOTION by Plaintiff Dispensing Technologies B.V. for preliminary injunction

Exhibit A

DECLARATION of Jake M. Christensen regarding motion for preliminary injunction[30]

Exhibit 1

SUMMONS Returned Executed by Dispensing Technologies B.V. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/13/2022, answer due 1/3/2023.

Declaration of Jake M. Christensen

Exhibit A

MINUTE entry before the Honorable Steven C. Seeger (Acting as Emergency Judge): Plaintiff's motion for entry of a preliminary injunction [30] is granted. Order to follow. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 12/13/2022. Mailed notice.

NEW PARTIES: AMOYOX, Arsino Direct, AYQWE, BEATURE USA, CHCHDD, DGYM, DKAF, EnWei, FF-01, FWLife, Gitechft, GZKX, GZXC, HeetaDirect, HighNumberworld, Hinsail, Jiayunkang, JINLU STORE, JOYHONG-USA, JUBAPRO, Juyuan Clothing, kinggamz, LDStars, LERPOLOR, ligou, Mabox-US, Mairuo, Mconvoy, OK seller, PetHap, Revelation2015, richenbaihuo, Rwotlls, Sapnio, SAPOSTA, SEERESS_USA, Sgxyrzmx, Shenzhen Censung International Trading Company, shyuzi, SINOAY, SONHAOFO-US, sujiakeji, SZSCL, triAqua, Twoto, Uceoo, Unplazure-, USurprise, VAWONSB, Vertigo us, Vruping, WANGDA BEAUTY, WLLIFE, WYOK Direct, Xaogogo, XIHUA, Xingpengyuanyi Shop, YAMYONE, YebeautyDirect, Yiyanmei-USA, YOCASII, Zafosin US, ZeroStage, zhye and zuotuan added to case caption. (Text entry; no document attached.)

ATTORNEY Appearance for Defendants SINOAY, YAMYONE by Haipeng Xiao

ANSWER to Complaint with Jury Demand by YAMYONE

ANSWER to Complaint with Jury Demand by SINOAY

NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendants

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 Executive Committee on 12/29/2022: Mailed notice.

NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissal [38] and [40], Defendants Arsino Direct, CHCHDD, Shenzhen Censung International Trading Company, YOCASII, zhye, HeetaDirect, HighNumberworld, LERPOLOR, Mairuo, OK seller, Revelation2015, richenbaihuo, SAPOSTA, Uceoo and YebeautyDirect are dismissed without prejudice with leave to reinstate within 270 days of this order. Mailed notice

NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissal [40] and [42], this case is dismissed without prejudice as to Defendants HeetaDirect, HighNumberworld, LERPOLOR, Mairuo, OK seller, Revelation2015, richenbaihuo, SAPOSTA, Uceoo, YebeautyDirect, BEATURE USA and Mabox-US. Mailed notice

MOTION by Plaintiff Dispensing Technologies B.V. to strike answer to complaint[37], answer to complaint[36]

MEMORANDUM by Dispensing Technologies B.V. in support of motion to strike[44]

NOTICE of Motion by Justin R. Gaudio for presentment of motion to strike[44] before Honorable John Robert Blakey on 1/25/2023 at 11:00 AM.

NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Defendants SINOAY (No. 40) and YAMYONE (No. 58) shall respond to Plaintiff's motion to strike [44] by 2/8/23, and Plaintiff shall file any reply by 2/15/23. The 1/25/23 Notice of Motion date is stricken. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of dismissal [47], Defendants EnWei, PetHap, sujiakeji, USurprise, WYOK Direct and Zafosin US are dismissed without prejudice with leave to reinstate within 270 days of the entry of this order. Mailed notice

NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [50], this case is dismissed without prejudice as to Defendants AYQWE and ZeroStage. Absent reinstatement on or before 270 days of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [52], this case is dismissed without prejudice with leave to reinstate within 270 days of this order as to Defendants FWLife and WLLIFE. Mailed notice

NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendant

MOTION by Plaintiff Dispensing Technologies B.V. for entry of default, MOTION by Plaintiff Dispensing Technologies B.V. for default judgment as to all Defendants with the exception of certain Defendants

Exhibit A

MEMORANDUM by Dispensing Technologies B.V. in support of motion for entry of default, motion for default judgment, [55]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[56]

Exhibit 1

NOTICE of Motion by Jake Michael Christensen for presentment of motion for entry of default, motion for default judgment, [55] before Honorable John Robert Blakey on 2/22/2023 at 11:00 AM.

Exhibit A

RESPONSE by SINOAY, YAMYONE to MOTION by Plaintiff Dispensing Technologies B.V. to strike answer to complaint[37], answer to complaint[36] [44] Consent to Motion to Strike

MINUTE entry before the Honorable John Robert Blakey: The Court strikes the 2/22/23 Notice of Motion date and resets the hearing on Plaintiff's motion for default and default judgment [55] for 3/2/23 at 11:00 a.m. in Courtroom 1203. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [54], this case is dismissed without prejudice as to Defendant DKAF. Absent reinstatement on or before 270 days of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendant

ATTORNEY Appearance for Defendant Juyuan Clothing by Daniel I. Konieczny

MOTION by Defendant Juyuan Clothing for extension of time to file answer regarding complaint[1] Motion to Set Deadline to Answer or Otherwise Plead

ATTORNEY Appearance for Defendant Juyuan Clothing by Hua Chen

MINUTE entry before the Honorable John Robert Blakey: Defendant Juyuan Clothing's motion for extension of time to file answer [64] is granted and any answer shall be filed on or before 4/3/2023. Counsel is reminded that all motions shall be noticed for presentment or may be stricken. Based upon the filing of the notice of voluntary dismissal [62], this case is dismissed without prejudice as to Defendant triAqua. Absent reinstatement of this defendant within 270 days of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: In light of this Court's order extending the deadline for Defendant to answer or otherwise plead, the Court denies without prejudice Plaintiff's motion for default and default judgment [55] and strikes the 3/2/23 motion hearing date. Additionally, the Court grants Plaintiff's motion to strike certain affirmative defenses asserted by Defendants SINOAY and YAMYONE [44]. These Defendants assert seven affirmative defenses: (1) failure to state a claim; (2) extraterritoriality; (3) first sale doctrine; (4) limitation on costs and damages; (5) laches, estoppel, acquiescence, waiver, and unclean hands; (6) functionality; and (7) invalidity. See [36] at 4-5; [37] at 4-5. They also assert a general reservation of rights as to additional defenses. Affirmative defenses must satisfy federal pleading requirements, meaning they must set forth a "short and plain statement" of the material elements of the defense and contain sufficient factual material thattaken as truestates a facially plausible defense. See Achi v. TIA Transp., Inc., No. 16-cv-11632, 2017 WL 5890875, at *1 (N.D. Ill. Nov. 29, 2017); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A motion to strike an affirmative defense should succeed only when "it appears to a certainty" that the plaintiff would win "despite any state of the facts which could be proved in support of the defense." Williams v. Jader Fuel Co., 944 F.2d 1388, 1400 (7th Cir. 1991). Defendants' defenses fail to set forth any facts and thus fail to satisfy federal pleading standards. Indeed, Defendants do not attempt to defend their pleadings, instead consenting to the motion and agreeing that the defenses should be stricken. See [59]. Accordingly, the Court grants Plaintiff's motion to strike [44] and strikes Defendants SINOAY's and YAMYONE's second, third, fourth, fifth, sixth, and seventh affirmative defenses. The Court also strikes Defendants' reservations of rights. E.g., Aylin & Ramtin, LLC v. Barnhardt, No. 19-CV-3402, 2022 WL 658786, at *4 (N.D. Ill. Mar. 4, 2022)("A reservation of rights is not an affirmative defense. It is unnecessary, too, because 'there is no procedure for reserving a right to plead affirmative defenses at a later date.'"). Mailed notice

NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendant

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of dismissal [68], this case is dismissed without prejudice as to Defendant Juyuan Clothing. Absent reinstatement on or before 270 days of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

NOTICE of Voluntary Dismissal by Dispensing Technologies B.V. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [70], Defendants Vertigo us and Vruping. Absent reinstatement on or before 270 days of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

STIPULATION of Dismissal

MOTION by Plaintiff Dispensing Technologies B.V. for entry of default, MOTION by Plaintiff Dispensing Technologies B.V. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Dispensing Technologies B.V. in support of motion for entry of default, motion for default judgment 73

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 74

(Exhibit 1)

NOTICE of Motion by Jake Michael Christensen for presentment of motion for entry of default, motion for default judgment 73 before Honorable John Robert Blakey on 5/10/2023 at 11:00 AM.

(Exhibit A)

MINUTE entry before the Honorable John Robert Blakey: By stipulation 72, the Court dismisses this case without prejudice as to Defendants SINOAY (No. 40) and YAMYONE (No. 58). Absent reinstatement, this dismissal shall automatically convert to a dismissal with prejudice on 2/9/24. Mailed notice

ATTORNEY Appearance for Plaintiff Dispensing Technologies B.V. by Andrew Daniel Burnham

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 5/10/2023. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for default judgment as to all Defendants 73 is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 5/10/2023. Mailed notice

MAILED patent report with certified copy of minute order dated 5/10/2023 to Patent Trademark Office, Alexandria VA.

FULL SATISFACTION of Judgment regarding order 80 in the amount of the Judgment Amounts as to certain defendants

FULL SATISFACTION of Judgment regarding order 80 in the amount of the Judgment Amount as to certain defendant

FULL SATISFACTION of Judgment regarding order 80 in the amount of the judgment amount as to certain defendant