MAILED patent report with certified copy of minute order dated 10/7/2024 to Patent Trademark Office, Alexandria VA. (jn,)

MAILED patent report to Patent Trademark Office, Alexandria VA. (jn,)

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 13, this case is dismissed without prejudice under Rule 41(a). Civil case terminated. Mailed notice

NOTICE of Voluntary Dismissal by Shenzhen Linsky Intelligent Control Technology Co., Ltd.

MINUTE entry before the Honorable John Robert Blakey: In this case, Plaintiff seeks to sue 109 defendants for patent infringement, see 1, 9, 10. But this joinder of multiple defendants in a single suit appears to run afoul of 35 U.S.C. § 299. The statute 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 "the Infringing Products for sale in the Defendants' e-commerce stores bear similarities and indicia of being related to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." 1 19. But this is a legal conclusion, which the Court need not accept. Plaintiff also alleges that the "Defendants' e-commerce stores share unique identifiers, such as design elements and similarities of the Infringing Products offered for sale, establishing a logical relationship between them, and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." Id. 24. But the one does not necessarily follow the other; 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). For these reasons, the Court finds that Plaintiff has failed to support the joinder of 109 Defendants in this single suit and, accordingly, directs Plaintiff to show cause in writing (and under seal if appropriate) by 10/4/24 why this case should not be dismissed under 35 U.S.C. § 299. The Court denies without prejudice the pending motions 6, 7, and strikes the 9/18/24 Notice of Motion date. Mailed notice

NOTICE of Motion by Lance Y. Liu for presentment of Sealed motion 6, Sealed motion 7 before Honorable John Robert Blakey on 9/18/2024 at 11:00 AM.

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 John Robert Blakey. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1).

SEALED DOCUMENT by Plaintiff Shenzhen Linsky Intelligent Control Technology Co., Ltd. Schedule A to the Complaint

SEALED DOCUMENT by Plaintiff Shenzhen Linsky Intelligent Control Technology Co., Ltd. Exhibit B to the Complaint

SEALED DOCUMENT by Plaintiff Shenzhen Linsky Intelligent Control Technology Co., Ltd. Exhibit A to the Complaint

SEALED MOTION by Plaintiff Shenzhen Linsky Intelligent Control Technology Co., Ltd.

附件：

1:(Appendix Proposed TRO Order)
2:Declaration Declaration
3:Appendix Memorandum of Law

SEALED MOTION by Plaintiff Shenzhen Linsky Intelligent Control Technology Co., Ltd.

附件：

1:(Appendix memorandum of law)

Corporate Disclosure Statement STATEMENT by Shenzhen Linsky Intelligent Control Technology Co., Ltd.

AO 120 by Shenzhen Linsky Intelligent Control Technology Co., Ltd.

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Shenzhen Linsky Intelligent Control Technology Co., Ltd. by Lance Y. Liu

COMPLAINT filed by Shenzhen Linsky Intelligent Control Technology Co., Ltd.; Filing fee $ 405, receipt number AILNDC-22449875.

附件：

1:(Appendix Schedule A)
2:Exhibit Exhibit B
3:Exhibit Exhibit A