2025-cv-00181

COMPLAINT filed by Dyson Technology Limited; Filing fee $ 405, receipt number AILNDC-22922466.

Exhibit 2

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint[1]

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1-2 regarding complaint[1]

MOTION by Plaintiff Dyson Technology Limited for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited

Notice of Claims involving Patents by Dyson Technology Limited

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1).

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.

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

NEW PARTIES: LIYJTK-7-14 day delivery! added to case caption.

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to seal [4] but dismisses the complaint [1] without prejudice based upon improper joinder. Plaintiff has sued 62 online marketplaces alleging patent infringement, see [1], [2]. Joinder of multiple defendants in a single suit appears to run afoul of 35 U.S.C. § 299, which provides that "parties that are 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). Plaintiff's complaint, which lumps all Defendants together, alleges that "E-commerce stores operating under the Seller Aliases share unique identifiers establishing a logical relationship between them, suggesting that Defendants' operation arises out of the same transaction, occurrence, or series of transactions or occurrences." [1] 3. Along the same lines, Plaintiff alleges 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. 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. Additionally, Infringing Products for sale 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. 18. But the screenshot evidence attached to the complaint [3-1] belies Plaintiff's conclusory allegations. Accordingly, the Court finds that Plaintiff has failed to demonstrate the propriety of joining all 62 defendants in this single action and dismisses the complaint [1] without prejudice. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support joinder, it may do so by 2/10/25. Mailed notice.

AMENDED complaint by Dyson Technology Limited against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 2

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Amended Schedule A regarding amended complaint[13]

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Part 1 regarding amended complaint[13]

MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order[16]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]

DECLARATION of Giles Samuel Lane regarding memorandum in support of motion[17]

Exhibit 1

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Part 1 regarding declaration[19]

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

MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief[21]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22]

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[16], motion for miscellaneous relief[21] before Honorable John Robert Blakey on 1/22/2025 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Plaintiff may proceed on its amended complaint, which claims trademark infringement by a single defendant. See [13], [14]. Based upon the materials submitted, this Court grants Plaintiff's motion for electronic service of process [21], grants Plaintiff's ex parte motion for entry of a temporary restraining order [16], and strikes the 1/22/25 Notice of Motion date. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 2/4/25. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable John Robert Blakey on 1/21/2025. Mailed notice.

Registry Deposit Information Form by Dyson Technology Limited

MAILED patent report to Patent Trademark Office, Alexandria VA

MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order

MEMORANDUM by Dyson Technology Limited in support of extension of time[29]

DECLARATION of Justin T. Joseph regarding memorandum in support of motion[30]

NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time[29] before Honorable John Robert Blakey on 1/29/2025 at 11:00 AM.

SURETY BOND in the amount of $ 10,000 posted by Dyson Technology Limited. (Document not imaged)

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 29 to extend the temporary restraining order entered 1/21/25 26. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 2/18/25. The 1/29/25 Notice of Motion date is stricken. Mailed notice.

MOTION by Plaintiff Dyson Technology Limited for preliminary injunction

(Exhibit A)

MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction 35

DECLARATION of Justin T. Joseph regarding memorandum in support of motion 36

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 35 before Honorable John Robert Blakey on 2/12/2025 at 11:00 AM.

(Exhibit A)

SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/7/2025, answer due 2/28/2025.

Declaration of Andrew D. Burnham

(Exhibit A)

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for preliminary injunction [35] on 2/12/2025. Defendant failed to appear and failed to otherwise object in response to the TRO or Plaintiff's motion. Accordingly, and based upon the same findings made in this Court's TRO [26], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [35]. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel shall add Defendant to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Plaintiff shall file a status report by 3/31/25 proposing next steps to advance the case. Mailed notice.

PRELIMINARY Injunction Order. Signed by the Honorable John Robert Blakey on 2/12/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to Defendant LIYJTK-7-14 day delivery!

MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 42, this case is dismissed as to the sole Defendant, LIYJTK-7-14 day delivery!. All matters having been resolved, the Court strikes all set dates and deadlines and enters the accompanying order directing the Clerk to release the posted surety bond. Enter Order. Civil case terminated. Mailed notice.

ORDER: This case having been terminated, the ten thousand dollar ($10,000) bond posted by Plaintiff is hereby released (along with any interest earned thereon) to Plaintiff or Plaintiff's counsel, Greer, Burns & Crain, Ltd., 200 West Madison Street, Suite 2100, Chicago, Illinois 60606. The Clerk of the Court is directed to return the bond previously deposited with the Clerk of the Court (along with any interest earned thereon) to Plaintiff or Plaintiff's counsel. Signed by the Honorable John Robert Blakey on 4/1/2025. Mailed notice.