This case was last updated from PACER on 04/18/2021 at 07:13:24 (UTC).

Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

Case Summary

On February 17, 2021, Oakley, Inc. (“Oakley” or “Plaintiff”), represented by Amy Crout Ziegler, Jake Michael Christensen, Justin R. Gaudio and Thomas Joseph Juettner of Greer, Burns & Crain, Ltd, filed an intellectual property lawsuit against Partnerships and Unincorporated Associations identified on Schedule A (collectively, “Defendants”) seeking injunctive relief and damages for alleged infringement of the Oakley Designs. This case was filed in U.S. District Court in the Northern District of Illinois with Judge Sharon J. Coleman presiding.

 

In its complaint, the Plaintiff alleged that the Defendants have infringed one or more claims of its patented designs, U.S. Patent Nos. D719,209, D725,695, and D725,696 (the “Infringing Products”).

 

The Plaintiff alleged that “Defendants create e-commerce stores operating under one or more Seller Aliases that are making, using, offering for sale, selling, and/or importing into the United States for subsequent sale or use Infringing Products to unknowing consumers. E-commerce stores operating under the Seller Aliases share unique identifiers establishing a logical relationship between them, suggesting that Defendants’ operation arises out of the same transaction, occurrence, or series of transactions or occurrences. Defendants attempt to avoid and mitigate liability by operating under one or more Seller Aliases to conceal both their identities and the full scope and interworking of their operation.”

 

The Plaintiff also alleged that “on information and belief, Defendants are an interrelated group of infringers working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products in the same transaction, occurrence, or series of transactions or occurrences. Defendants, without any authorization or license from Oakley, have jointly and severally, knowingly and willfully offered for sale, sold, and/or imported into the United States for subsequent resale or use products that infringe directly and/or indirectly the Oakley Designs. Each e-commerce store operating under the Seller Aliases offers shipping to the United States, including Illinois, and, on information and belief, each Defendant has sold Infringing Products into the United States and Illinois over the Internet.”

 

The Plaintiff further alleged that “on information and belief, Defendants have engaged in fraudulent conduct when registering the Seller Aliases by providing false, misleading and/or incomplete information to e-commerce platforms”.

 

There are three claims for relief laid down by the Plaintiff, each for the alleged infringement of three design patents pursuant to Section 35 U.S.C. § 271. Pursuant to their claim, the Plaintiff alleged that “Defendants’ wrongful conduct has caused Oakley to suffer irreparable harm resulting from the loss of its lawful patent rights to exclude others from making, using, selling, offering for sale, and importing the patented invention. Oakley is entitled to injunctive relief pursuant to 35 U.S.C. § 283.”

 

In their prayer for relief, the Plaintiff requested the court to pass an order for temporary, preliminary and permanent injunction and to restrain them from continuing to do the alleged activities. The Plaintiff further requested the court to award treble the amount of damages as are adequate to compensate Oakley for Defendants’ alleged infringement of the Oakley Designs, together with interest and costs, pursuant to 35 U.S.C. § 284 along with restitution of all profits with costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00875

  • Filing Date:

    02/17/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judges

Sharon Johnson Coleman

Gary Feinerman

 

Party Details

Plaintiff

Oakley, Inc.

Defendant

The Partnerships and Unincorporated Associations Identified on Schedule "A"

Attorney/Law Firm Details

Plaintiff Attorneys

Jake Michael Christensen

Attorney at Greer, Burns & Crain

300 S Wacker Drive, #2500

Chicago, IL 60606

Amy Crout Ziegler

Attorney at Greer, Burns & Crain, Ltd.

300 S. Wacker Dr., Suite 2500

Chicago, IL 60606

Justin R. Gaudio

Attorney at Greer Burns & Crain Ltd

300 South Wacker Drive, Suite 2500

Chicago, IL 60606

Thomas Joseph Juettner

Attorney at Greer, Burns, & Crain Ltd

300 S. Wacker Drive, Suite 2500

Chicago, IL 60606

RiKaleigh C. Johnson

Attorney at Greer, Burns & Crain

300 South Wacker Drive, Suite 2500

Chicago, IL 60606

 

Court Documents

#45

#44

43 #1

Declaration of Thomas J. Juettner

#43

#42

41 #2

Exhibit 1

41 #1

Declaration of Justin R. Gaudio

#41

#40

#2

RESTRICTED

1 #6

Exhibit 7

1 #5

Exhibit 6

1 #4

Exhibit 5

1 #3

Exhibit 4

1 #2

Exhibit 3

1 #1

Exhibit 2

#1

70 More Documents Available
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Docket Entries

  • 04/15/2021
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  • Docket(#45) PRELIMINARY INJUNCTION ORDER Signed by the Honorable Gary Feinerman on 4/15/2021.Mailed notice.(jlj, ) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#44) MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 5/24/2021 at 9:00 a.m. Motion hearing held. For the reasons stated on the record, Plaintiff's motion for a preliminary injunction #40 is granted. Enter order. The Clerk shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the Court's website at www.ilnd.uscourts.gov/instructions. Attorneys/Parties should appear for the 5/18/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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.Mailed notice. (jlj, ) (Entered: 04/15/2021)

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  • 04/13/2021
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  • Docket(#43) SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/13/2021, answer due 5/4/2021. (Attachments: #1 Declaration of Thomas J. Juettner)(Juettner, Thomas) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#42) NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction #40 before Honorable Gary Feinerman on 4/15/2021 at 09:15 AM. (Gaudio, Justin) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#41) MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction #40 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#40) MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Gaudio, Justin) (Entered: 04/13/2021)

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  • 04/13/2021
  • DocketSUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (as, ) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#39) MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #36 is denied without prejudice. Plaintiff's memorandum #37 does not make the showing necessary to allow for an extension of the TRO beyond 28 days. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 845 (7th Cir. 2012). Motion hearing set for 4/15/2021 #38 is stricken.Mailed notice. (jlj, ) (Entered: 04/13/2021)

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  • 04/12/2021
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  • Docket(#38) NOTICE of Motion by Justin R. Gaudio for presentment of extension of time #36 before Honorable Gary Feinerman on 4/15/2021 at 09:15 AM. (Gaudio, Justin) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#37) MEMORANDUM by Oakley, Inc. in support of extension of time #36 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) (Entered: 04/12/2021)

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27 More Docket Entries
  • 02/17/2021
  • DocketCASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (acm, ) (Entered: 02/17/2021)

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  • 02/17/2021
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  • Docket(#9) ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) (Entered: 02/17/2021)

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  • 02/17/2021
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  • Docket(#8) ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) (Entered: 02/17/2021)

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  • 02/17/2021
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  • Docket(#7) ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) (Entered: 02/17/2021)

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  • 02/17/2021
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  • Docket(#6) ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) (Entered: 02/17/2021)

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  • 02/17/2021
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  • Docket(#5) CIVIL Cover Sheet (Gaudio, Justin) (Entered: 02/17/2021)

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  • 02/17/2021
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  • Docket(#4) MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) (Entered: 02/17/2021)

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  • 02/17/2021
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  • Docket(#3) EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-3 regarding complaint #1 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3)(Gaudio, Justin) Modified on 4/15/2021 (daj, ). (Entered: 02/17/2021)

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  • 02/17/2021
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  • Docket(#2) EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 4/15/2021 (daj, ). (Entered: 02/17/2021)

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  • 02/17/2021
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  • Docket(#1) COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number 0752-17936572. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7)(Gaudio, Justin) (Entered: 02/17/2021)

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