2025-cv-14406

COMPLAINT filed by Kuiper Ventures LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-24400513.

Redacted Schedule A

Exhibit 1 - Redacted

Exhibit 2 - Redacted

Exhibit 3 - Redacted

(Civil Cover Sheet)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kuiper Ventures LLC

MOTION by Plaintiff Kuiper Ventures LLC to seal document complaint, 1

MAILED (Patent or Trademark) Request Letter to counsel jlap@pb-iplaw.com.

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.

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1).

MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff has filed a complaint alleging infringement by multiple defendants. 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. 19 and 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 at least 7 days before the filing of the motion for temporary restraining order. Alternatively, by the same date, Plaintiff may file an amended complaint and amended Schedule A reducing the number of defendants. However, if Plaintiff names multiple defendants, Plaintiff must show that joinder of those defendants is proper. The Court directs Plaintiff to this Court's standing order in Schedule A cases regarding joinder on the Court's website. Mailed notice.

MOTION by Plaintiff Kuiper Ventures LLC for Leave to Serve by Alternative Means

MEMORANDUM by Kuiper Ventures LLC in support of motion for miscellaneous relief[6]

MEMORANDUM text entry, [5] by Kuiper Ventures LLC

Exhibit 1 Redacted Declaration of Nathan Jermolenko

Exhibit 2 Redacted Declaration Jonathan Phillips

MOTION by Plaintiff Kuiper Ventures LLC to seal document memorandum[8]

NOTICE of Motion by Jonathan Lucas Allen Phillips for presentment of motion for miscellaneous relief[6], motion to seal document[3], motion to seal document[9] before Honorable Sharon Johnson Coleman on 12/16/2025 at 10:00 AM.

CORRECTED NOTICE of Motion by Jonathan Lucas Allen Phillips for presentment of motion for miscellaneous relief[6], motion to seal document[3], motion to seal document[9] before Honorable Sharon Johnson Coleman on 12/16/2025 at 10:00 AM.

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's motions to file certain documents underseal document [3] and [9] are granted. The Court reserves ruling on plaintiff's motion for alternative service until the unredacted versions of the filings are received by the Court. Mailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: In light of the minute entry order entered on 12/4/2025 [12], the presentment set for 12/16/2025 is stricken. Mailed notice.

ATTORNEY Appearance for Plaintiff Kuiper Ventures LLC by Jonathan Michael Francis

SEALED DOCUMENT by Plaintiff Kuiper Ventures LLC Memorandum re Doc. 5

SEALED DOCUMENT by Plaintiff Kuiper Ventures LLC Verified Complaint & Exhibits

MOTION by Plaintiff Kuiper Ventures LLC for temporary restraining order, MOTION by Plaintiff Kuiper Ventures LLC asset restraint, MOTION by Plaintiff Kuiper Ventures LLC for discovery early

MEMORANDUM by Kuiper Ventures LLC in support of motion for temporary restraining order, motion for miscellaneous relief, motion for discovery, [17]

Exhibit 1 - Patent at Issue

Exhibit 2 - Trademark Registration

Exhibit 3 - Listings

Exhibit 4 - Declaration of N. Jermolenko

SEALED DOCUMENT by Plaintiff Kuiper Ventures LLC Memo in Support of Motion for TRO, Asset Restraints & Early Discovery and Exhibits

MOTION by Plaintiff Kuiper Ventures LLC to seal

NOTICE of Motion by Jonathan Lucas Allen Phillips for presentment of motion for temporary restraining order, motion for miscellaneous relief, motion for discovery, [17], motion to seal[20] before Honorable Sharon Johnson Coleman on 12/30/2025 at 10:00 AM.

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 12/30/2025. Plaintiff's motion for alternative service [6] is taken under advisement. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [17] and motion to file certain documents under seal [20] are granted. Order to follow. Mailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's motion for leave to serve by alternative means [6] has been taken under advisement. The Court acknowledges that courts in this district have commonly found that e-mail service in Schedule "A" Cases is permissible under the Hague Convention. See Peanuts Worldwide LLC v. Partnerships & Unincorporated Associations Identified on Schedule "A", 347 F.R.D. 316 (N.D. Ill. 2024) (Pallmeyer, J.); but see also Luxottica Grp. S.p.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 391 F. Supp. 3d 816 (N.D. Ill. 2019) (Gottschall, J.). However, the Court observes that the Second Circuit recently held that the Hague Convention does not permit electronic service of process to Chinese defendants. Smart Study Co., Ltd v. Shenzhenshixindajixieyouxiangongsi, No. 24-313, 2025 WL 3672740 (2d Cir. Dec. 18, 2025). In light of this conflicting line of authority and absent controlling precedent from the Seventh Circuit, the Court directs Plaintiff to submit a supplemental briefing to address the issue. 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 12/31/2025: Mailed notice.

MEMORANDUM text entry, [23] by Kuiper Ventures LLC re: Propriety of Alternative, Electronic Service on Chinese Defendants in Light of Smart Study opinion