2023-cv-16802

COMPLAINT filed by E-Link Plastic & Metal Industrial Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21427488.

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1). (Text entry; no document attached.)

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. (Text entry; no document attached.)

ORDER: Local Rule 3.1 requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. E-Link Plastic & Metal Industrial Co., Ltd. is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee.

SEALED DOCUMENT by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Amended Complaint

Annex A

Declaration

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SEALED MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Ex Parte Temporary Restraining Order

SEALED RESPONSE Memorandum in Support of Ex Parte Temporary Restraining Order

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SEALED MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. for Alternative Service

SEALED RESPONSE Memorandum in Support of Motion for Alternative Service

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(Exhibit)

MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to seal documents

ATTORNEY Appearance for Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. by Ge Lei

CIVIL Cover Sheet

MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 8, plaintiff's motion for temporary restraining order 4, and plaintiff's motion for alternative service 6 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 100 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 1/5/24, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice

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 12/28/2023: Mailed notice.

SEALED DOCUMENT by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Supplemental Memorandum Supporting Joinder

Declaration

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(Exhibit)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by E-Link Plastic & Metal Industrial Co., Ltd.

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the plaintiff's supplemental memorandum on joinder 13 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 295 defendants is proper in this matter under Fed.R.Civ.P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D.Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"); H-D U.S.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", No. 21-CV-01041, 2021 WL 780486, at *2 (N.D.Ill. Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). Beyond alleging that the over 200 defendants are infringing upon plaintiff's patents, plaintiff claims only generally that joinder is proper because, inter alia, defendants use "nondescript seller aliases," use the "same advertising and marketing strategies in concert to target consumers," and have other shared features, such as "check-out keywords, price, grammar, spelling. " (Dckt. #13 at 11-12; Dckt. #3 at 4). But plaintiff provides no specific examples of such shared features and instead cites broadly to the declaration of Ge (Linda) Lei (who references the thousands of pages of defendants' listings) without providing the Court with specific additional information from those listings that might in fact support joinder in this matter. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joinder is proper here. See H-D U.S.A., 2021 WL 780486, at *3 (finding joinder improper where plaintiff failed to allege "any nonconclusory facts to form a basis for a conclusion that the defendants' conduct overlaps enough to warrant joinder"). Accordingly, plaintiff's motion for temporary restraining order 4 and motion for alternative service 6 are denied without prejudice. Plaintiff's motion for leave to file under seal 8 is granted. Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants along with a memorandum explaining specifically why each defendant is properly joined to all of the others by 4/5/24. Mailed notice

SECOND Amended Complaint by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Second Amended Complaint Modified on 1/6/2025.

Declaration

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SEALED DOCUMENT by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Supplemental Memorandum Supporting Joinder

Declaration

(Exhibit)

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0008: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sunil R. Harjani; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Sunil R. Harjani; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Sunil R. Harjani's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's criminal case assignment system ninety (90) days so that Judge Harjani shall thereafter receive a full share of such cases. Case reassigned to the Honorable Sunil R. Harjani for all further proceedings. Honorable Jeffrey I Cummings no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 4/02/2024.

MINUTE entry before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. The Court is reviewing Plaintiff's Second Amended Complaint 16 and Supplemental Memorandum Supporting Joinder 17. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Second Amended Complaint 16 and Memorandum Establishing Joinder 17 as directed by Judge Cummings. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 40 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. By 4/25/2024, Plaintiff shall refile the motion for entry of temporary restraining order and motion for alternative service which were denied without prejudice, edited as needed for the Second Amended Complaint and amended Annex A, and submit a corresponding proposed order to the Court's proposed order inbox. Counsel should also be aware that Judge Harjani presumptively requires a bond of $1,000 per defendant. Plaintiff should inform the Court of any circumstances that make such a bond inappropriate. Mailed notice

MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. for Alternative Service Modified on 1/6/2025.

MEMORANDUM by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. for Alternative Service 21 Modified on 1/6/2025.

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SECOND Ex Parte Motion by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Ex Parte Temporary Restraining Order Modified on 1/6/2025.

MEMORANDUM by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. in support of Ex Parte Temporary Restraining Order 23 Modified on 1/6/2025. Modified on 1/6/2025.

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MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's second ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 23 and second motion for alternative service 21 are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, the Temporary Restraining Order being entered along with this minute order shall be placed under seal. For the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 4:15 p.m. on 4/25/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 5/2/2024. Telephone status hearing set for 5/9/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 4/25/2024. Mailed notice

MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to Extend the Temporary Restraining Order

MEMORANDUM by E-Link Plastic & Metal Industrial Co., Ltd. in support of motion for miscellaneous relief 27

(Declaration)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 27 is granted. For the reasons stated in Plaintiff's Memorandum 28, the Court finds good cause to extend the temporary restraining order an additional 14 days to 5/23/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 5/16/2023. Telephone status hearing set for 5/9/2024 is stricken and reset to 5/23/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

BOND in the amount of $40,000.00 cashier's check, Receipt No. 100005670 posted by E-Link Plastic & Metal Industrial Co., Ltd. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by All Plaintiffs

SUMMONS Issued as to Defendant The Entities and Individuals Identified in Annex A (Text entry; no document attached.)

MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. for preliminary injunction

MEMORANDUM by E-Link Plastic & Metal Industrial Co., Ltd. in support of motion for preliminary injunction 31

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SUMMONS Returned Executed by E-Link Plastic & Metal Industrial Co., Ltd. as to The Entities and Individuals Identified in Annex A on 5/15/2024, answer due 6/5/2024.

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 31 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve the defendants named in Plaintiff's Second Amended Complaint with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by 5/22/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will rule on the papers unless a hearing is requested by 5/22/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon the defendants named in Plaintiff's Second Amended Complaint on 5/20/2024 and must promptly file proof of that service. Telephone status hearing set for 5/23/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice

CERTIFICATE of Service by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd.

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 31 is granted. The Court notes that Plaintiff dismissed this action with prejudice as to Defendants COLORWING (No. 2), Bays & Gulfs LLC (No. 20), and epicesolutions (No. 36). See Docs. 30, 36. Defendants COLORWING (No. 2), Bays & Gulfs LLC (No. 20), and epicesolutions (No. 36) are thus excluded from this Order. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 35 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal Document Nos. 16, 21-24. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 5/23/2024 is stricken. Summons were issued on 5/15/2024, and Defendants' responses to the complaint are due by 6/5/2024. Plaintiff should file any motion for entry of default and default judgment by 7/3/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 7/10/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 5/22/2024. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

ATTORNEY Appearance for Defendant mossime by Christopher Paul Keleher

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. for entry of default, MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. for default judgment as to Defaulting Defendants

MEMORANDUM by E-Link Plastic & Metal Industrial Co., Ltd. in support of motion for entry of default, motion for default judgment 46

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(Exhibit E)

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 46 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 7/15/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 7/15/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 7/23/2024 at 9:15 a.m. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 7/10/2024 is stricken. Mailed notice

CERTIFICATE of Service by Ge Lei on behalf of E-Link Plastic & Metal Industrial Co., Ltd.

MOTION to set aside entry of judgment by default by Defendant Bill Olender. (Received at the Intake Counter on 07/15/2024.)

MINUTE entry before the Honorable Sunil R. Harjani: Defendant Bill Olender's motion to set aside entry of judgment by default 51 is set for 7/23/2024 at 9:15 a.m. by telephone. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

EMAILED copy of minute entry no. 52 to bjo16@aol.com (Defendant Bill Olender). (Text entry; no document attached.)

MINUTE entry before the Honorable Sunil R. Harjani: Telephonic motion hearing held. Both Plaintiff's counsel and Bill Olender, sole proprietor of cheaptickets were present. The Court notes that defendant is currently proceeding pro se. For the reasons stated on the record, Defendant's motion to set aside entry of Rule default 51 is granted as it is unclear whether service was properly effectuated in this case. The parties are instructed to meet and discuss settlement on their own and attempt to resolve this case without further litigation. They may also discuss whether they want to proceed with a settlement conference and shall jointly contact the Courtroom Deputy if there is genuine interest in proceeding with a settlement conference before the Magistrate Judge. Telephone conference set for 9/10/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Sunil R. Harjani: Regarding Plaintiff's Motion for Entry of Default and Default Judgment, Plaintiff's counsel shall file an affidavit: (1) providing the email addresses provided by third parties associated with the remaining Defendants identified in Annex A [16-3] and (2) confirming that all remaining Defendants were served with the Complaint, Summons, and Plaintiff's Motion for Entry of Default and Default Judgment at the identified email addresses. Plaintiff's counsel's affidavit is due by 7/29/2024. Mailed notice

DECLARATION of Ge (Linda) Lei regarding text entry, 55

(Exhibit)

NOTICE of Voluntary Dismissal by All Plaintiffs

ATTORNEY Appearance for Defendants mossime, YAKLIM-US by Pete Scott Wolfgram

MOTION by Attorney Christopher Keleher to withdraw as attorney for YAKLIM-US, mossime. No party information provided

MINUTE entry before the Honorable Sunil R. Harjani: Unopposed Motion to Withdraw Counsel 59 is granted. Attorney Christopher Keleher is terminated as counsel for Defendants mossime and YAKLIM. Mailed notice

MOTION by Defendant mossime for extension of time to answer the Complaint until August 14, 2024 (Unopposed)

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Sunil R. Harjani: Unopposed motion for extension of time to 8/14/24 to answer or otherwise plead to the complaint 61 is granted. Mailed notice

EMERGENCY MOTION to partially vacate preliminary injunction by Defendant Bill Olender d/b/a cheaptickets16. (Received via pro se email on 08/12/2024.)

MINUTE entry before the Honorable Sunil R. Harjani: Defendant cheaptickets16's Emergency Motion to Partially Vacate Preliminary Injunction 64 is denied as moot in light of Plaintiff's Notice of Dismissal Under 41(a)(1) as to Defendant cheaptickets16. See Doc. 62. Mailed notice

Mossime's ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by mossime against E-Link Plastic & Metal Industrial Co., Ltd. by mossime

MINUTE entry before the Honorable Sunil R. Harjani: For clarity of the docket as a result of the notice of dismissal 62, the preliminary injunction against cheaptickets16 is vacated. Mailed notice

MOTION by Defendant mossime to vacate preliminary injunction

Legal Memorandum in Support of Motion to vacate Preliminary Injunction

Exhibit A

(Declaration of Wen Ni)

MINUTE entry before the Honorable Sunil R. Harjani: The following order does not apply to Defendant mossime. No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 46 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's patent irreparably harms plaintiff and confuses the public. This infringement was willful and compensatory damages are awarded. Based on the foregoing and in part upon the Declaration [47-1] filed in support of plaintiff's motion, the Court awards plaintiff the following damages amounts, which amounts are not contested by any defaulting defendant: (1) Plaintiff is awarded $140,000.00 from Defaulting Defendant Belevie; (2) Plaintiff is awarded $60,000.00 from Defaulting Defendant nine bull; (3) Plaintiff is awarded $40,000.00 from Defaulting Defendant eMerit shop; and (4) Plaintiff is awarded $15,000.00 from each of the remaining Defaulting Defendants. Plaintiff has also certified and established [50, 56] that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any defendant. By 8/29/2024, Plaintiff shall submit a proposed partial final default judgment order to the Court's proposed order inbox for entry. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's response to Defendant Mossime's motion to vacate preliminary injunction 68 shall be filed by 9/12/2024. Defendant Mossime's reply is due by 9/19/2024. By 9/9/2024, Plaintiff and Defendant Mossime shall file a joint initial status report. A template for the Joint Initial Status Report can be found on the Court's web page. The telephone status hearing set for 9/10/2024 is stricken and reset to 9/26/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd., MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to strike answer to complaint, counterclaim 66

MINUTE entry before the Honorable Sunil R. Harjani: Defendant Mossime's response to Plaintiff's motion to strike affirmative defenses and dismiss counterclaims 71 shall be filed by 9/12/2024. Plaintiff's reply is due by 9/19/2024. Mailed notice

PARTIAL FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 8/29/2024. Mailed notice

STATUS Report Joint by E-Link Plastic & Metal Industrial Co., Ltd.

Mossime's Amended ANSWER to counterclaim, ANSWER to Complaint with Jury Demand, Amended COUNTERCLAIM filed by mossime against E-Link Plastic & Metal Industrial Co., Ltd. by mossime

(Exhibit A)

MINUTE entry before the Honorable Sunil R. Harjani: Upon review of the Joint Initial Status Report 74, the Court sets the following schedule: (1) Rule 26(a)(1) initial disclosures to be provided by 10/7/2024; (2) Amendments of pleadings or joinder of other parties by 1/13/2025; (3) Written discovery requests to be issued by 11/25/2024; (4) Notices of depositions with agreed upon dates to be issued by 12/23/2024; (5) Rule 45 subpoenas to be issued by 12/23/2024; and (6) Fact discovery must be completed by 3/3/2025. No summary judgment motion may be filed until an in-person status conference has been held with the Court. With respect to any anticipated motion for summary judgment, the Court requires the moving party to file a status report addressing the applicable law and explaining in detail why there are no genuine issues of material fact and why the moving party is entitled to judgment as a matter of law. The moving party shall file the status report one week in advance of the in-person status conference. This case is referred to the Magistrate Judge for discovery supervision (including adjusting all deadlines as needed), resolution of discovery motions, and settlement discussions. An in-person status hearing is set for 3/13/2025 at 9:15 a.m. Telephone status hearing set for 9/26/2024 is stricken. Mailed notice

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: discovery supervision (including adjusting all deadlines as needed), resolution of discovery motions, and settlement discussions. Mailed notice.

RESPONSE by E-Link Plastic & Metal Industrial Co., Ltd.in Opposition to MOTION by Defendant mossime to vacate preliminary injunction 68

Declaration

Exhibit

(Exhibit)

MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for discovery supervision (including adjusting all deadlines as needed), resolution of discovery motions, and settlement 77. The Court has reviewed the parties' joint status report 74, which states that the parties do not anticipate expert discovery. A joint status report is due on 11/12/2024 to update the Court on: (a) the progress of discovery; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.

REPLY by E-Link Plastic & Metal Industrial Co., Ltd. to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to strike answer to complaint, counterclaim 66 71

REPLY by Defendant mossime to response in opposition to motion 78

Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Renewed Motion by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to strike answer to complaint, counterclaim 75 Presented before District Judge

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Renewed Motion to Strike Defendant Mossime's Affirmative Defenses and Dismiss Counterclaims 82 shall be briefed as follows: Defendant Mossime's response is due by 10/11/2024 and Plaintiff's reply is due by 10/18/2024. Further, Plaintiff's Motion to Strike 71 is denied as moot because Defendant Mossime filed an Amended Answer with Counterclaims 75. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the pending motion by Defendant Mossime to vacate the preliminary injunction 68. The Court finds that it will need an evidentiary hearing to determine the credibility of the relevant witnesses about whether the purchase agreement is fabricated or authentic. The Court sets a status hearing to discuss the logistics for this evidentiary hearing by videoconference on 10/16/24 at 11:00 a.m. central. The parties should meet and confer prior to this status hearing to discuss a plan for the evidentiary hearing, and also discuss whether a resolution, such as a bond by defendant, would resolve the case and allow the asset freeze to be lifted by an agreed order modifying the injunction. The Court does not permit the use of cell phones for the videoconference. Details about the video link will follow from the Courtroom Deputy. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: At counsel's request, videoconference set for 10/16/2024 is stricken and reset to 10/22/2024 at 11:00 a.m. Remainder of minute entry no. 84, stands. Mailed notice

RESPONSE by mossime to Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. Renewed Motion by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. to strike answer to complaint, counterclaim 75 Presented 82

REPLY by E-Link Plastic & Metal Industrial Co., Ltd. to response to motion, 86

MINUTE entry before the Honorable Sunil R. Harjani: Videoconference held. For the reasons stated on the record, Defendant's oral motion to modify the injunction order is granted. As to Defendant mossime, the asset restraint at Amazon is now limited to $200,000 and the ASIN account will remain frozen and unable to sell the accused product. As discussed on the record, a preliminary asset freeze cannot be imposed to preserve Plaintiff's ability to collect any judgment it later obtains. Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999). However, it is permissible to freeze defendants' assets to preserve Plaintiff's right to an equitable accounting of profits from sales of goods infringing on the patents. See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002); Lorillard Tobacco Co. v. Montrose Wholesale Candies, 2005 WL 3115892, at *13 (N.D. Ill. Nov. 8, 2005) (citations omitted). Given that Defendant mossime has appeared in this case through counsel, the Court finds it unnecessary to freeze the entire amount of Gross Market Value of sales proposed by Plaintiff, which amounts to over $500,000, as the risk of not receiving an accounting has been diminished. Defendant's motion to vacate preliminary injunction 68 is denied as moot. Counsel shall prepare a modified preliminary injunction order consistent with this Court's ruling to the Court's proposed order inbox (Proposed_Order_Harjani@ilnd.uscourts.gov). Plaintiff's motion to dismiss 82 is fully briefed and the Court will issue a written ruling. Discovery schedule and joint status report 76 79 date shall stand. Mailed notice

MODIFIED PRELIMINARY INJUNCTION ORDER ONLY AS TO DEFENDANT MOSSIME. Signed by the Honorable Sunil R. Harjani on 10/23/2024. Mailed notice

STATUS Report by E-Link Plastic & Metal Industrial Co., Ltd. Presented before Magistrate Judge

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 90, which reports on the parties' progress with written discovery. Further joint status report on the same topics as the instant report due on 01/10/2025. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.

MINUTE entry before the Honorable Sunil R. Harjani: For the reasons stated in the order entered this day, Plaintiff's motion to dismiss 82 is denied. Mailed notice

ORDER Signed by the Honorable Sunil R. Harjani on 11/27/2024. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: The minute entry no. 92 and order 93 have been vacated. An amended order will be issued. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: For the reasons stated in the order entered today, Plaintiff's motion to dismiss 82 is granted in part and denied in part. Mailed notice

ORDER Signed by the Honorable Sunil R. Harjani on 12/2/2024. Mailed notice

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.

STATUS Report JOINT by E-Link Plastic & Metal Industrial Co., Ltd. Presented before Magistrate Judge

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 98, which reports on the progress of written discovery and the parties' plans for oral discovery. Any request to extend a discovery deadline in this case must be made by timely filed motion that makes a showing of good cause for the proposed extension. Further joint status report on the same topics as the instant report due on 03/07/2025. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice

MOTION by Defendant mossime, Counter Claimant mossime for extension of time to complete discovery (Joint Motion to Extend Fact Discovery Until May 1, 2025) Presented before Magistrate Judge

MINUTE entry before the Honorable Heather K. McShain: For good cause shown, the parties' joint motion to extend close of fact discovery 100 is granted. All fact discovery must be completed by 05/02/2025. The joint status report date of 03/07/2025 99 is stricken and reset for 04/04/2025. Mailed notice.

MINUTE entry before the Honorable Sunil R. Harjani: In light of the 5/2/2025 fact discovery cut-off, status set for 3/13/2025 is stricken. Tracking status set for 5/8/2025 at 9:15 a.m. Mailed notice

MOTION by Defendant mossime for discovery (Motion to Compel Discovery Responses) Presented before Magistrate Judge

Supplement Memorandum of Law in support of Motion to Compel Discovery Responses

(Declaration of Attorney Pete S. Wolfgram)

MINUTE entry before the Honorable Heather K. McShain: Defendant's motion to compel discovery responses 103 is denied without prejudice based on defendant's noncompliance with the Court's standing order on discovery motions (available on the Court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for "Discovery Motion Requirements"). This Court's standing order requires the parties to meet and confer over discovery disputes in person or by videoconference, or to explain why these requirements could not be met. Here, the certificate submitted by defense counsel does not indicate whether the parties' conferred about the discovery disputes at issue in person or by videoconference. See [103-2] 1-2. In addition, the limited email correspondence between plaintiff's counsel and defense counsel that is attached to the motion is insufficient to demonstrate that the parties have exhausted their meet-and-confer obligations over the disputes at issue. For these reasons, defendant's motion to compel is denied. Mailed notice.

STATUS Report JOINT by E-Link Plastic & Metal Industrial Co., Ltd. Presented before Magistrate Judge

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 105, which reports on the parties' progress with written and oral discovery. Further joint status report on the same topics as the instant report, including confirmation that all fact discovery has been completed, due on 05/05/2025. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.

MOTION by Defendant mossime to vacate preliminary injunction [Dkt. No. 38] and to Stay the Case Following Final Rejection of Asserted Patent Issued by USPTO in Ex Parte Reexamination Proceedings, Dated April 1, 2025 Presented before District Judge

SUPPLEMENT to motion to vacate, 107 Legal Memorandum in Support of Second Motion to Vacate Preliminary Injunction and Stay the Case

(Exhibit A (Ex Parte Reexamination Final Rejection of Asserted Patent, dated April 1, 2025))

MOTION by Defendant mossime for extension of time to complete discovery (Joint Motion) Presented before Magistrate Judge

MINUTE entry before the Honorable Heather K. McShain: For good cause shown, the parties' joint motion to extend close of fact discovery 109 is granted. All fact discovery must be completed by 07/02/2025. The joint status report date of 05/05/2025 85 is stricken and reset for 06/02/2025. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.

MINUTE entry before the Honorable Sunil R. Harjani: Defendant's second motion to vacate preliminary injunction and to stay the case 107 shall be briefed as follows: Plaintiff's response due by 5/6/20205 and Defendant's reply due by 5/13/2025. Motion hearing set for 5/20/2025 at 9:15 a.m. by video conference. Details to follow. Tracking status set for 5/8/2025 is stricken. Mailed notice

RESPONSE by E-Link Plastic & Metal Industrial Co., Ltd.in Opposition to MOTION by Defendant mossime to vacate preliminary injunction [Dkt. No. 38] and to Stay the Case Following Final Rejection of Asserted Patent Issued by USPTO in Ex Parte Reexamination Proceedings, Dated April 1, 2025 Presented before Distr 107

Exhibit A

Exhibit B

(Exhibit C)

REPLY by Defendant mossime to response in opposition to motion, 112

MINUTE entry before the Honorable Sunil R. Harjani: Motion hearing set for 5/20/25 is vacated. Defendant Mossime's second motion to vacate the preliminary injunction [107-1] is granted and the motion to stay [107-2] is denied without prejudice. The Court notes that it initially entered this preliminary injunction when Defendant Mossime had not appeared in this case (as is typical in Schedule A cases). 38. Defendant Mossime then appeared through counsel [42, 58] and sought to vacate that injunction 68. By agreement, the injunction was modified and that motion to vacate was denied as moot 88. Since then, Plaintiff and Defendant Mossime have been engaged in discovery, which is being supervised by the magistrate judge. Mossime now moves to vacate the injunction because the USPTO has issued a "Final Rejection" deeming the asserted patent invalid, and argues that circumstances have changed on the likelihood of success by Plaintiff. The Court agrees. The likelihood of success on the merits is a critical factor in determining whether to grant or maintain a preliminary injunction. In patent cases, this typically involves assessing the validity and enforceability of the patent in question. If a patent has been deemed invalid by the PTO, this undermines the patentee's ability to demonstrate a likelihood of success on the merits; it indicates that the patent is vulnerable to invalidity challenges. In this case, Mossime has raised a substantial question as a result of the final rejection of the asserted patent by the PTO, and thus maintaining the preliminary injunction is no longer warranted. The Court also notes that the public interest factor also now weighs in favor of vacating the injunction: the public interest is generally served by enforcing valid patents, but not by enforcing patents that are possibly invalid. Finally, the Court recognizes that now that Mossime has appeared through counsel and is litigating the matter both in this case and before the PTO, the irreparable harm concerns about emptying accounts and transferring funds to China (which was the argument made at the time the injunction was requested 32) have significantly diminished. Plaintiff's only response is that a fraud was committed by Mossime on the PTO, and it intends to demonstrate that to the PTO and on appeal. It may certainly do so, but the Court is certainly not the right forum to evaluate the PTO proceedings and the information submitted therein. All the Court needs to determine is whether the analysis that led the Court to issue the preliminary injunction in the first place has changed, and the Court concludes that a substantial question has now been raised on the validity of the patent. The preliminary injunction issued by the Court 89 is vacated and Plaintiff is directed to send a copy to Amazon to remove the restraints on the relevant Amazon seller ID and ASIN. As for Mossime's request to stay this case, the Court finds the request premature. The parties are currently engaging in fact discovery until 7/2/25, and there will no major decisions in this case until then, and thus no risk for inconsistent decisions with the PTO findings. Mossime has not given any details to this Court about the burdens of continuing in this case while the Plaintiff decides whether to appeal the final rejection, and a stay at this time will not really simply any issues. The denial is without prejudice to Mossime raising this issue again after fact discovery closes, and at that time, providing better information about the burdens of proceeding with this case, and whether Plaintiff has appealed the Final Rejection so the Court has a sense of the timeframe of any requested stay. Mailed notice.

STATUS Report JOINT by E-Link Plastic & Metal Industrial Co., Ltd. Presented before Magistrate Judge

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report [115], which reports on the progress of discovery and that the parties are finalizing a settlement agreement. By 06/30/2025, the parties shall file either a stipulation to dismiss or a joint status report on the status of settlement. Mailed notice.

STIPULATION of Dismissal

MINUTE entry before the Honorable Sunil R. Harjani: Pursuant to the parties jointly filed stipulation of voluntary dismissal [117], this case is hereby dismissed with prejudice. Each party shall bear its own attorney's fees and costs. All pending deadlines, motions, and hearings are stricken. Civil case terminated. Mailed notice

MOTION by Plaintiff E-Link Plastic & Metal Industrial Co., Ltd. for bond return Presented before District Judge

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion to Return Bond 119 is granted. The forty-thousand-dollar ($40,000.00 USD) bond posted by Plaintiff, including any applicable or earned interest, is hereby released to Plaintiff's counsel: Getech Law LLC. The Clerk of the Court is directed to return said bond previously deposited with the Clerk of the Court to Plaintiff's counsel by check made out to: Getech Law LLC, at 203 N LaSalle St., Suite 2100, Chicago, IL 60601. Mailed notice

RETURN OF BOND ORDER Signed by the Honorable Sunil R. Harjani on 7/1/2025. Mailed notice

MINUTE entry before the Honorable Heather K. McShain: The District Court having terminated this case 118, the referral in this case is hereby closed. Mailed notice.