FULL SATISFACTION of Judgment regarding order[45] in the amount of the Judgment Amounts as to certain defendants

FULL SATISFACTION of Judgment regarding order 45 in the amount of $250 as to certain defendant

FULL SATISFACTION of Judgment regarding order 45 in the amount of $250 as to certain defendant

TRANSCRIPT OF PROCEEDINGS held on 04/27/21 before the Honorable Manish S. Shah. Order Number: 40611. Court Reporter Contact Information: Colleen_Conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/18/2021. Redacted Transcript Deadline set for 5/28/2021. Release of Transcript Restriction set for 7/26/2021.

MINUTE entry before the Honorable Manish S. Shah: Telephone hearing held on plaintiff's Motion for Clarification and Request for a Hearing 48. The motion is granted, and the court explained its earlier orders 44 45 orally on the record. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Telephone hearing on plaintiff's motion for clarification and request for hearing is set for 4/27/21 at 11:45 a.m. Members of the public and media may listen to these proceedings by dialing 1-888-204-5984 and using access code 9146677. Counsel of record and other essential case participants will receive an email prior to the start of the telephone hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notices mailed.

MOTION by Plaintiff THE FINAL CO. LLC for Clarification and Request for a Hearing

CORRECTED MAILED Patent report with closing Order dated 4/19/21 to Patent Trademark Office, Alexandria VA.

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1:Order

MAILED Trademark report with certified copy of closing order dated 4/19/21 to Patent Trademark Office, Alexandria VA.

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1:Order

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 4/19/2021. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: No objections have been filed in response to the motion for entry of default judgment [40]. The motion [40] is granted as follows: the court awards lost profits in the amount of $250 per defendant. Plaintiff points out that revenue from infringing sales can be used to estimate profits when the defendant has failed to come forward with evidence of deductions. But plaintiff's own evidence in support of the TRO demonstrated that defendants sold a variety of products, not just the admittedly infringing product. See [14]. Therefore, even with no evidence from defendants, the court cannot infer that all money restrained in defendants' accounts is revenue from infringing sales (much less lost profits to plaintiff). The statute provides for a $250 minimum award and that is the amount awarded. 35 U.S.C. s. 289. Defendants' failure to appear and the evidence submitted in support of the TRO demonstrate that a permanent injunction is appropriate. Enter Default Judgment Order and terminate civil case. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for entry of default judgment must be filed by 4/16/21. If no objections are filed, the motion will be considered unopposed. Notices mailed.

NOTICE by THE FINAL CO. LLC re MOTION by Plaintiff THE FINAL CO. LLC for entry of default as to all defendantsMOTION by Plaintiff THE FINAL CO. LLC for default judgment as to all defendants[40]

MEMORANDUM by THE FINAL CO. LLC in support of motion for entry of default, motion for default judgment[40]

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1:Exhibit 1
2:Declaration of Justin R. Gaudio

MOTION by Plaintiff THE FINAL CO. LLC for entry of default as to all defendants, MOTION by Plaintiff THE FINAL CO. LLC for default judgment as to all defendants

NOTICE of Voluntary Dismissal by THE FINAL CO. LLC as to certain defendant

NOTICE of Voluntary Dismissal by THE FINAL CO. LLC as to certain defendant

NOTICE of Voluntary Dismissal by THE FINAL CO. LLC as to certain defendant

NOTICE of Voluntary Dismissal by THE FINAL CO. LLC as to certain defendants

ATTORNEY Appearance for Defendant Qomalaya by Konrad Val Sherinian

ATTORNEY Appearance for Defendant Qomalaya by Depeng Bi

NEW PARTIES: Baby DD Store, RAINBEAM Dropship Store, CE FDA Mask Store, ONMIER Official Store, Mintiml Life Store, Mintiml Garden Store, Mintiml Friendly Store, clever chef Official Store, MURRICON Store, Gu NBA, Juantin Store, FSEUS, Lucky Youth, grandey, Qomalaya, DREAM TRADERS, dingrenyumeiguo, wjgg, twbbt, zhangzhonweimeiguo, ANYANG DEXIN, MOME-EB, guoquanxiao-us, buyersatisfaction2018, muchreplacepart, niupoz, Rosabel and khgdsajdhsaydfs added to case caption.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 2/23/2021. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction 27 is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction including the relief ordered by the TRO (e.g., expedited discovery, asset restraint, and electronic service of process). Enter preliminary injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be filed by 2/22/21. If no objections are properly filed, the motion will be considered unopposed. Plaintiff must serve a copy of this docket entry on defendants. Notices mailed.

SUMMONS Returned Executed by THE FINAL CO. LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 2/18/2021, answer due 3/11/2021.

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1:Declaration of Allyson Martin

NOTICE by THE FINAL CO. LLC re MOTION by Plaintiff THE FINAL CO. LLC for preliminary injunction [27]

MEMORANDUM by THE FINAL CO. LLC in support of motion for preliminary injunction[27]

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1:Exhibit 1
2:Declaration of Justin R. Gaudio

MOTION by Plaintiff THE FINAL CO. LLC for preliminary injunction

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

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time [23] is granted. The TRO is extended to 2/23/21. The court expects plaintiff to have served the complaint and given notice of its forthcoming motion for a preliminary injunction before the expiration of the TRO. Notices mailed.

NOTICE by THE FINAL CO. LLC re MOTION by Plaintiff THE FINAL CO. LLC for extension of time of Temporary Restraining Order[23]

MEMORANDUM by THE FINAL CO. LLC in support of extension of time[23]

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1:Declaration of Justin R. Gaudio

MOTION by Plaintiff THE FINAL CO. LLC for extension of time of Temporary Restraining Order

CHECK BOND in the amount of $ 10,000.00 posted by THE FINAL CO. LLC, Receipt No. 4624252055.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 1/26/2021. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, asset restraint, and expedited discovery, and motion for electronic service of process 3 10 15 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establish a likelihood of success on the merits (including evidence of infringement of plaintiff's patented design and sales into Illinois), the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its patent. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. The court, however, notes that design patent infringement is often a factual issue that does not necessarily lend itself to a court's side-by-side evaluation of the products. To the extent color and material are ornamental changes, plaintiff's claim of infringement is not overwhelming. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. The court has doubts about the propriety of joinder and the propriety of a complete asset freeze, but at this preliminary stage the court is persuaded that plaintiff has sufficient indicia of coordinated activity and the importance of an accounting to determine profits to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze and joinder. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed.

Notice of Claims Involving Patents by THE FINAL CO. LLC

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by THE FINAL CO. LLC

NOTICE by THE FINAL CO. LLC re MOTION by Plaintiff THE FINAL CO. LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 10, MOTION by Plaintiff THE FINAL CO. LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 15, MOTION by Plaintiff THE FINAL CO. LLC for leave to file under seal 3

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 16

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1:Exhibit 2
2:Exhibit 1

MEMORANDUM by THE FINAL CO. LLC in support of motion for miscellaneous relief 15

MOTION by Plaintiff THE FINAL CO. LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

SEALED EXHIBIT by Plaintiff THE FINAL CO. LLC Exhibit 2 - Parts 1-2 regarding declaration 13

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1:Exhibit 2-2
2:Exhibit 2-1

DECLARATION of Madison Conradis regarding memorandum in support of motion 11

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1:Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 11

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1:Exhibit 2
2:Exhibit 1

MEMORANDUM by THE FINAL CO. LLC in support of motion for temporary restraining order 10

MOTION by Plaintiff THE FINAL CO. LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment.

ATTORNEY Appearance for Plaintiff THE FINAL CO. LLC by Martin Francis Trainor

ATTORNEY Appearance for Plaintiff THE FINAL CO. LLC by Allyson M. Martin

ATTORNEY Appearance for Plaintiff THE FINAL CO. LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff THE FINAL CO. LLC by Justin R. Gaudio

CIVIL Cover Sheet

SEALED EXHIBIT by Plaintiff THE FINAL CO. LLC Exhibit 1 - Parts 1-2 regarding complaint[1]

MOTION by Plaintiff THE FINAL CO. LLC for leave to file under seal

SEALED EXHIBIT by Plaintiff THE FINAL CO. LLC Schedule A regarding complaint[1]

COMPLAINT filed by THE FINAL CO. LLC; Filing fee $ 402, receipt number 0752-17848010.

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1:Exhibit 4
2:Exhibit 3
3:Exhibit 2
4:Exhibit 5