Zhihua Wu v. The Partnerships, and Unincorporated Associations Identified On Schedule "A"
最近更新时间：2025-07-18
案件信息
案件号：ilnd-1:2025-cv-00353
状态：open
提交时间：2025-02-03 00:00:00
诉讼类型：
律所：
原告：Zhihua Wu v. The Partnerships, and Unincorporated Associations Identified On Schedule "A"
| # | 日期 | 案件进程 |
| 38 | 2025-02-03 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed an amended complaint, which seeks to sue five separate Defendants for patent infringement. Plaintiff alleges that Defendants "are located in Fujian Province, China, and are geographically close to each other"; that "there is a cross-ownership structure among them"; and that, based upon information and belief, Defendants "have strong connections with each other." 14 6. Plaintiff also alleges that, "despite the challenges in obtaining the true identities of the Defendants due to their use of aliases and the lack of stringent identity verification by third-party platforms, Plaintiff has observed that Defendants share unique identifiers that suggest a strong connection between them," including "the use of similar marketing strategies, consistent elements in the design and decor of their e-commerce stores, identical or similar payment methods, and comparable product descriptions, prices, and images." Id. 13. Significantly, to support its complaint, Plaintiff offers a declaration from Zhihua Wu, who indicates that the asserted patent "is a pair of steel-toe work shoes, which provide protection for the feet of high- intensity laborers." [14-1] 3. But the asserted patent does not claim steel-toe work shoes or any other system of shoe protection; rather the patent claims a specific "ornamental design for a shoe," as depicted in the accompanying drawings (which do not show steel toe shoes, but instead shoe a crisscross lacing pattern with additional ornamentation). And Plaintiff's current submissions provide no basis to find that each Defendant has offered an infringing product, let alone the same accused product, as required under 35 U.S.C. § 299(a). Accordingly, the Court dismisses Plaintiff's amended complaint 13. Mailed notice. |
| 37 | 2025-01-31 | Exhibit 1 |
| 36 | 2025-01-31 | AMENDED complaint by Zhihua Wu against The Partnerships, and Unincorporated Associations Identified on Schedule "A" |
| 35 | 2025-01-31 | Declaration of Zhihua Wu |
| 34 | 2025-01-31 | Exhibit 2 |
| 33 | 2025-01-31 | (Appendix Schedule A) |
| 32 | 2025-01-31 | SEALED DOCUMENT by Plaintiff Zhihua Wu |
| 31 | 2025-01-31 | Declaration of Zhihua Wu |
| 30 | 2025-01-31 | Exhibit 1 |
| 29 | 2025-01-31 | Exhibit 2 |
| 28 | 2025-01-31 | (Appendix Schedule A) |
| 27 | 2025-01-17 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motions to seal 4, 10, but dismisses the complaint 1, 6 without prejudice based upon improper joinder. Plaintiff has sued 10 online marketplaces alleging patent infringement, see 1, 6. But such joinder runs 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 "Defendants share unique identifiers that suggest a strong connection between them. These identifiers include the use of similar marketing strategies, consistent elements in the design and decor of their e-commerce stores, identical or similar payment methods, and similar product descriptions, prices, and images." 6 17. But the conclusion does not necessarily follow from the alleged facts; it is equally possible that each online retailer set up shop in the same or similar manner. See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). Additionally, Plaintiff has offered nothing to show that the Defendants' products and websites are so alike that their conduct constitutes a single occurrence; in fact, the submitted screenshot evidence [9-3], [9-4], [9-5], [9-6], belies Plaintiff's conclusory allegations. The Court accordingly finds that Plaintiff may not proceed on the current complaint 1, 6 and dismisses it without prejudice. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to support the joinder of the identified Defendants in this single action, it may do so by 1/31/25. The Court denies without prejudice Plaintiff's motion for a temporary restraining order 7. The 1/22/25 Notice of Motion date is stricken as to all motions. If Plaintiff elects to amend its complaint, it should also bolster its allegations relating to personal jurisdiction as to each Defendant; the mere maintenance of a website accessible in Illinois remains insufficient to confer personal jurisdiction. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). Finally, it appears that counsel for Plaintiff is a member of the Court's general bar, but not the trial bar; counsel must ensure strict compliance with LR 83.12. Counsel is also reminded that all motions must be noticed for presentment. Mailed notice. |
| 26 | 2025-01-17 | NOTICE of Motion by Huicheng Zhou for presentment of motion for temporary restraining order 7, motion to seal 4, motion to seal 10 before Honorable John Robert Blakey on 1/22/2025 at 11:00 AM. |
| 25 | 2025-01-16 | Exhibit 1 |
| 24 | 2025-01-16 | MOTION by Plaintiff Zhihua Wu to seal |
| 23 | 2025-01-16 | (Exhibit 2-4) |
| 22 | 2025-01-16 | Exhibit 2-3 |
| 21 | 2025-01-16 | Exhibit 2-2 |
| 20 | 2025-01-16 | Exhibit 2-1 |
| 19 | 2025-01-16 | Declaration of Zhihua Wu |
| 18 | 2025-01-16 | SEALED DOCUMENT by Plaintiff Zhihua Wu |
| 17 | 2025-01-16 | (Exhibit 2) |
| 16 | 2025-01-16 | Exhibit 1 |
| 15 | 2025-01-16 | Declaration of Zhihua Wu |
| 14 | 2025-01-16 | MEMORANDUM by Zhihua Wu in support of motion for temporary restraining order 7 |
| 13 | 2025-01-16 | MOTION by Plaintiff Zhihua Wu for temporary restraining order |
| 12 | 2025-01-13 | Exhibit 1 |
| 11 | 2025-01-13 | COMPLAINT filed by Zhihua Wu; Filing fee $ 405, receipt number AILNDC-22944158. |
| 10 | 2025-01-13 | (Appendix Schedule A) |
| 9 | 2025-01-13 | ATTORNEY Appearance for Plaintiff Zhihua Wu by Huicheng Zhou |
| 8 | 2025-01-13 | CIVIL Cover Sheet |
| 7 | 2025-01-13 | MOTION by Plaintiff Zhihua Wu to seal |
| 6 | 2025-01-13 | MEMORANDUM by Zhihua Wu in support of motion to seal 4 |
| 5 | 2025-01-13 | CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1). |
| 4 | 2025-01-13 | 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. |
| 3 | 2025-01-13 | SEALED DOCUMENT by Plaintiff Zhihua Wu |
| 2 | 2025-01-13 | Exhibit 1 |
| 1 | 2025-01-13 | (Appendix Schedule A) |
