Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A (1:2024-cv-11322)

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2024/11/08 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

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29 2024/11/07 Registry Deposit Information Form by Oakley, Inc.

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28 2024/11/06 SEALED ORDER Signed by the Honorable John Robert Blakey on 11/6/2024. Mailed notice

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27 2024/11/06 MINUTE entry before the Honorable John Robert Blakey: Plaintiff seeks to sue 22 separate defendants for infringement for its design patent. See [13], [14]. Under 35 U.S.C. § 299, "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). In this regard, Plaintiff alleges that, even though Defendants "operate under multiple fictitious aliases, 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 offered 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. [1] 18. The screenshot evidence offered by Plaintiff supports these allegations. See [15]. See also [24]. As a result, the Court finds that Plaintiff may proceed on its complaint as to the 22 identified Defendants. Additionally, based upon Plaintiff's submissions, the Court grants Plaintiff's motion for electronic service of process [21] and grants Plaintiff's motion for temporary restraining order [16]. Enter Sealed Temporary Restraining Order. Absent further order, this TRO will expire 11/20/24. The 11/12/24 Notice of Motion date is stricken as to all motions. Mailed notice

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26 2024/11/05 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 11/12/2024 at 11:00 AM.

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25 2024/11/05 DECLARATION of Justin R. Gaudio regarding memorandum[24]

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24 2024/11/05 MEMORANDUM by Oakley, Inc. Establishing that Joinder is Proper

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23 2024/11/05 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22]

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22 2024/11/05 MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[21]

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21 2024/11/05 MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

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20 2024/11/05 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration[19]

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19 2024/11/05 DECLARATION of Jason Groppe regarding memorandum in support of motion[17]

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18 2024/11/05 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]

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17 2024/11/05 MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[16]

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16 2024/11/05 MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

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15 2024/11/05 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding amended complaint[13]

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14 2024/11/05 SEALED EXHIBIT by Plaintiff Oakley, Inc. Amended Schedule A regarding amended complaint[13]

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13 2024/11/05 AMENDED complaint by Oakley, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

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12 2024/11/05 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion for leave to file under seal [4] but reminds counsel that all motions must be noticed for presentment. Mailed notice

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2024/11/01 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.

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2024/11/01 CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 1).

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11 2024/11/01 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner

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10 2024/11/01 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Berel Yonathan Lakovitsky

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9 2024/11/01 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler

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8 2024/11/01 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio

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7 2024/11/01 Notice of Claims involving Patents by Oakley, Inc.

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6 2024/11/01 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc.

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5 2024/11/01 CIVIL Cover Sheet

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4 2024/11/01 MOTION by Plaintiff Oakley, Inc. for leave to file under seal

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3 2024/11/01 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint 1

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2 2024/11/01 SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint 1

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1 2024/11/01 COMPLAINT filed by Oakley, Inc.; Filing fee $ 405, receipt number AILNDC-22682666.

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