墨婷跨境
MOT CROSS-BORDER
微信号: Mooting2018
墨婷跨境
MOT CROSS-BORDER
| 编号 | 日期 | 案件进程 |
|---|---|---|
| 1 | 2026-07-17 | COMPLAINT against SCHEDULE A DEFENDANTS (Filing fee, including Administrative fee, $405, receipt number APAWDC-9735672), filed by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 2 | 2026-07-17 | Disclosure Statement identifying None as corporate parent or other affiliate by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 3 | 2026-07-17 | MOTION for attorney Zheng Liu to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9735675) by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 4 | 2026-07-17 | MOTION for Leave to File Documents Under Seal by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 5 | 2026-07-17 | MOTION for Alternative Service by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| — | 2026-07-20 | Judge David S. Cercone added. |
| 6 | 2026-07-20 | PATENT/TRADEMARK DOCUMENTS ISSUED. |
| 7 | 2026-07-21 | ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 7/21/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| — | 2026-07-21 | Judge Christy Criswell Wiegand added. |
| 8 | 2026-07-21 | Summons Issued as to SCHEDULE A DEFENDANTS |
| 9 | 2026-07-22 | NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties. |
| 10 | 2026-07-22 | ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 7/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 11 | 2026-07-22 | NOTICE REGARDING TELEPHONIC PROCEEDINGS: The parties are directed to use the following information to access any telephone conference scheduled in this case. Conference Phone Number: 1 412-547-0144. Phone Conference ID: 359 195 882# |
| 12 | 2026-07-22 | ORDER granting 3 Motion for Zheng Liu to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 7/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 13 | 2026-07-22 | ORDER DENYING WITHOUT PREJUDICE 5 Motion for Alternative Service. In the 5 Motion, Plaintiff FOSHAN HUAYUN TECHNOLOGY CO., LTD. requests leave to serve Defendants via email and website publication pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure. The Court declines to authorize service by such alternative means at this time. First, where it applies, the Hague Service Convention is exclusive, and provides the relevant catalogue of possible means of transmission for service abroad. SEC v. Lahr, No. 22-2497, 2024 WL 3518309, at *34 (3d Cir. July 24, 2024). Here, the 1 Complaint alleges that the Defendants reside in China or other foreign jurisdictions. Thus, the Hague Convention presumptively governs service. See Vanderhoef v. China Auto Logistics Inc., No. 218CV10174CCCSCM, 2019 WL 6337908, at *3 (D.N.J. Nov. 26, 2019) (explaining that the United States and China are both signatories to the Hague Convention). China has objected to Article 10 of the Hague Convention, so service by email on Chinese defendants is not authorized under the Convention. See D Squared Plant Traps LLC v. Guangdong Bixing Trading Co., LTD., 716 F. Supp. 3d 352, 356 n.2 (W.D. Pa. 2024) (Conti, J.) ([C]ourts have refused to authorize service via email when the receiving country has objected to [Article 10 of the Hague Convention].). And the Court cannot authorize service under Rule 4(f)(3) by means that would violate the Hague Convention. See id. at 357 (quoting Rio Properties, Inc. v. Rio Intl Interlink, 284 F.3d 1007, 1015 n.4 (9th Cir. 2002)) (A federal court [is] prohibited from issuing a Rule 4(f)(3) order in contravention of an international agreement, including the Hague Convention.). Finally, Plaintiff has not established that an exception applies such that the Hague Convention is not applicable in this case. See, e.g., Lahr, 2024 WL 3518309, at *34 (explaining that the Convention does not apply where the address of the party to be served is unknown, and that courts employ a reasonable diligence test that examines whether a plaintiff engaged in reasonably diligent efforts to discover a defendant's address). Accordingly, IT IS HEREBY ORDERED that the 5 Motion is DENIED WITHOUT PREJUDICE to Plaintiffs ability to file a renewed motion for alternative service as appropriate.Signed by Judge Christy Criswell Wiegand on 7/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 14 | 2026-07-23 | ORDER GRANTING 4 MOTION for Leave to File Documents Under Seal. Signed by Judge Christy Criswell Wiegand on 7/23/2026. |
| 15 | 2026-07-31 | SEALED DOCUMENT by FOSHAN HUAYUN TECHNOLOGY CO., LTD. This document Sealed pursuant to 14 Order on Motion for Leave to File Documents Under Seal. |
| 16 | 2026-07-31 | SEALED MOTION This document Sealed pursuant to 14 Order on Motion for Leave to File Documents Under Seal, by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 17 | 2026-07-31 | SEALED DOCUMENT by FOSHAN HUAYUN TECHNOLOGY CO., LTD. This document Sealed pursuant to 14 Order on Motion for Leave to File Documents Under Seal. |
| 18 | 2026-08-04 | MOTION to Intervene FOR A LIMITED PURPOSE OF DETERMINING WHETHER IT IS IDENTIFIED ON THE SEALED SCHEDULE A, AND IF SO, TO HOLD PLAINTIFFS SEALED EX PARTE MOTION (ECF NO. 16) IN ABEYANCE by ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI. |
| 19 | 2026-08-04 | ORDER. IT IS HEREBY ORDERED that Plaintiff shall respond to the 18 MOTION to Intervene by 8/10/2026. Signed by Judge Christy Criswell Wiegand on 8/4/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 21 | 2026-08-12 | ORDER GRANTING 18 Motion to Intervene. On 8/4/2026, the Court ordered Plaintiff to respond to the Motion to Intervene on or before 8/10/2026. Plaintiff failed to do so. Accordingly, the [18[ Motion to Intervene is GRANTED as unopposed. Upon review of the sealed Schedule A, the Court confirms that Movant is identified as a Defendant in this action. Movant is therefore permitted to intervene for the limited purpose identified in its Motion. On or before 8/14/2026, Plaintiff shall provide movants counsel with all sealed materials filed in this action. IT IS FURTHER ORDERED that the parties shall provide the Court with a joint status update as to the status of the transfer of the materials by 8/17/2026. Signed by Judge Christy Criswell Wiegand on 8/12/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 22 | 2026-08-17 | MOTION for attorney Zheng Gong to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9807228) by ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI. |
| 23 | 2026-08-17 | STATUS REPORT JOINT by FOSHAN HUAYUN TECHNOLOGY CO., LTD., ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI. |
| — | 2026-08-18 | CLERK'S REQUEST FOR CORRECTIVE ACTION re 22 MOTION for attorney Zheng Gong to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9807228). ERROR: Party did not file disclosure statement as required byLR 7.1.A. CORRECTION REQUIRED: Filer advised to docket statement within 7 days by using the Disclosure Statement event. This event is located by going to Civil > Other Filings > Other Documents > Disclosure Statement. |
| 24 | 2026-08-20 | ORDER re 23 Status Report. In light of the 23 Status Report, IT IS HEREBY ORDERED that Defendant ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI, which operates the Amazon.com storefront "COCKTAP" (hereafter, "COCKTAP") shall respond to Plaintiff's 16 Motion for TRO by 9/15/2026. Plaintiff shall file any reply as to COCKTAP by 9/29/2026. Signed by Judge Christy Criswell Wiegand on 8/20/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 25 | 2026-08-21 | ORDER GRANTING 16 Motion for Temporary Restraining Order; Motion for Order Restraining Assets and Merchant Storefronts; Motion for Order to Show Cause Why a Preliminary Injunction Should Not Issue; and Motion to Expedite Discovery. Defendants are hereby ORDERED to show cause as to why a preliminary injunction should not be issued in person on 9/3/2026 at 1:00 PM before Judge Christy Criswell Wiegand. Defendants' Opposition papers must be filed on or before 8/28/2026. Signed by Judge Christy Criswell Wiegand on 08/21/26. |
| — | 2026-08-21 | Set Hearing: Injunction Hearing set for 9/3/2026 at 1:00 PM before Judge Christy Criswell Wiegand. |
| 26 | 2026-08-21 | ORDER granting 22 Motion for Zheng Gong to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 8/21/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 27 | 2026-08-21 | Disclosure Statement identifying None as corporate parent or other affiliate by ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI. |
| 28 | 2026-08-29 | NOTICE of Voluntary Dismissal by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 29 | 2026-08-31 | NOTICE of Voluntary Dismissal by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 30 | 2026-08-31 | RESCHEDULING ORDER TIME CHANGE ONLY. Due to a Court Conflict, the Evidentiary Hearing currently set for 9/03/2026 at 1:00 PM is RESCHEDULED to 9/03/2026 at 1:30 PM in Courtroom 9B. Signed by Judge Christy Criswell Wiegand on 8/31/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 31 | 2026-08-31 | MOTION for attorney Jianyin Liu to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9845066) by Woindo. |
| 32 | 2026-08-31 | MOTION to Continue PI Hearing and Extend TRO by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 33 | 2026-09-01 | Emergency MOTION for Hearing re 30 Order, Set Hearings, With Remote Appearance by Woindo. |
| 34 | 2026-09-01 | BRIEF in Opposition re 32 Motion to Continue, 16 Sealed Motion, and Motion for Preliminary Injunction filed by Woindo. |
| 35 | 2026-09-01 | BRIEF in Opposition re 32 Motion to Continue filed by Woindo. |
| 36 | 2026-09-02 | REPLY to Response to Motion re 34 Brief in Opposition to Motion, filed by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 37 | 2026-09-02 | ORDER GRANTING 32 Motion to Continue PI Hearing and Extend TRO filed by Plaintiff FOSHAN HUAYUN TECHNOLOGY CO., LTD. IT IS HEREBY ORDERED that the Show Cause Hearing re: Preliminary Injunction currently set for 9/3/26 is RESCHEDULED to 9/17/26 at 9:30 a.m., IN PERSON in Courtroom 9B before Judge Christy Criswell Wiegand. IT IS FURTHER ORDERED that Defendants' Opposition papers, if any, shall be filed by 9/10/26. Plaintiff shall file any Reply papers on or before 9/14/26. Signed by Judge Christy Criswell Wiegand on 9/2/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 38 | 2026-09-02 | ORDER DENYING as MOOT 33 Emergency Motion for Hearing filed by Defendant Woindo. In light of the Court's 37 Order continuing the show cause hearing, Defendant Woindo's 33 Emergency Motion is DENIED as MOOT. Signed by Judge Christy Criswell Wiegand on 9/2/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 39 | 2026-09-02 | ORDER granting 31 Motion for Jianyin Liu to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 9/02/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 40 | 2026-09-04 | ANSWER to 1 COMPLAINT, with Jury Trial Demand., COUNTERCLAIM against FOSHAN HUAYUN TECHNOLOGY CO., LTD. by Woindo. |
| 41 | 2026-09-05 | BRIEF in Opposition re 32 Motion to Continue and Motion for Preliminary Injunction, Amending Brief in Opposition [DE 34] filed by Woindo. |
| 42 | 2026-09-14 | MOTION to Continue by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 43 | 2026-09-14 | BRIEF in Opposition re 42 Motion to Continue filed by Woindo. |
| 44 | 2026-09-15 | REPLY to Response to Motion re 41 Brief in Opposition to Motion, filed by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 45 | 2026-09-15 | DECLARATION of Yunshi Deng re 44 Reply to Response to Motion Supplemental Declaration of Yunshi Deng by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 46 | 2026-09-15 | ORDER denying 42 Motion to Continue. The hearing will proceed as scheduled. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 47 | 2026-09-15 | MOTION for Preliminary Injunction by FOSHAN HUAYUN TECHNOLOGY CO., LTD. (Attachments: # 1 Proposed Order) Link added to 48 Errata. Modified text on 9/16/2026. |
| — | 2026-09-15 | CLERK'S REQUEST FOR CORRECTIVE ACTION re 47 MOTION for Preliminary Injunction. ERROR: Case number of document does not match case. CORRECTION REQUIRED: Filer is directed to file the document with a corrected case number using the Errata event. |
| 48 | 2026-09-15 | Errata re 47 Motion for Preliminary Injunction by FOSHAN HUAYUN TECHNOLOGY CO., LTD. Reason for Correction: Correcting case number. |
| 49 | 2026-09-15 | RESPONSE to Motion re 16 SEALED MOTION This document Sealed pursuant to 14 Order on Motion for Leave to File Documents Under Seal, filed by ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI. |
| 50 | 2026-09-15 | MOTION for Leave to File Excess Pages by ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI. |
| 51 | 2026-09-16 | BRIEF in Opposition re 50 Motion for Leave to File Excess Pages filed by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 52 | 2026-09-16 | ORDER GRANTING 50 Motion for Leave to File Excess Pages. Defendant ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI's 49 opposition brief is accepted as filed. Signed by Judge Christy Criswell Wiegand on 9/16/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 53 | 2026-09-16 | NOTICE of Appearance by He Cheng on behalf of IRIBER HOME, KOJOX SANITARY, DUSARO, TONGDA TECH. |
| 54 | 2026-09-16 | Disclosure Statement identifying None as corporate parent or other affiliate by DUSARO, IRIBER HOME, KOJOX SANITARY, TONGDA TECH. Modified text on 9/17/2026. |
| 55 | 2026-09-16 | MOTION re 37 Order on Motion to Continue for Leave for Counsel to Observe Hearing Remotely by ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI. |
| 56 | 2026-09-16 | MOTION for Extension of Time to File Response/Reply as to 37 Order on Motion to Continue TO FILE OPPOSITION TO SHOW CAUSE ORDER by DUSARO, IRIBER HOME, KOJOX SANITARY, TONGDA TECH. |
| 57 | 2026-09-17 | DECLARATION of Yunshi Deng Supplemental Declaration of Yunshi Deng by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 58 | 2026-09-17 | NOTICE of Appearance by Jianyin Liu on behalf of Heable-1. |
| 59 | 2026-09-17 | BRIEF in Opposition re 47 Motion for Preliminary Injunction filed by Heable-1. |
| 60 | 2026-09-17 | NOTICE of Appearance by Jianyin Liu on behalf of Oupukle. |
| 61 | 2026-09-17 | BRIEF in Opposition re 47 Motion for Preliminary Injunction filed by Oupukle. |
| — | 2026-09-17 | CLERK'S REQUEST FOR CORRECTIVE ACTION re 58 Notice of Appearance. ERROR: Party did not file disclosure statement as required by LR 7.1.A. CORRECTION REQUIRED: Filer advised to docket statement within 7 days by using the Disclosure Statement event. This event is located by going to Civil > Other Filings > Other Documents > Disclosure Statement. |
| — | 2026-09-17 | CLERK'S REQUEST FOR CORRECTIVE ACTION re 60 Notice of Appearance. ERROR: Party did not file disclosure statement as required by LR 7.1.A. CORRECTION REQUIRED: Filer advised to docket statement within 7 days by using the Disclosure Statement event. This event is located by going to Civil > Other Filings > Other Documents > Disclosure Statement. |
| 62 | 2026-09-17 | Minute Entry for Order to Show Cause Hearing held on 9/17/2026 before Judge Christy Criswell Wiegand. (Court Reporter: Veronica Trettel) |
| 63 | 2026-09-17 | ORDER extending Temporary Restraining Order until 10/1/2026, as further set forth in the attached order. IT IS FURTHER ORDERED that any defendant who has not been heard on or filed papers in response to the order to show cause for why a preliminary injunction should not issue shall file any opposition on or before 9/23/2026; Plaintiff shall file any Reply papers on or before 9/28/2026. Signed by Judge Christy Criswell Wiegand on 9/17/2026. |
| 64 | 2026-09-18 | NOTICE of Voluntary Dismissal as to Defendant No. 23 by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 65 | 2026-09-19 | Disclosure Statement identifying None as corporate parent or other affiliate by Heable-1, Oupukle, Woindo. |
| 66 | 2026-09-21 | MOTION for attorney Adam E. Urbanczyk to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9890722) by Holispa, HomGoo Shower, MWLY, Raycharm. |
| — | 2026-09-21 | CLERK'S REQUEST FOR CORRECTIVE ACTION re 66 MOTION for attorney Adam E. Urbanczyk to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9890722). ERROR: Parties did not file disclosure statement as required by LR 7.1.A. CORRECTION REQUIRED: Filer advised to docket statement within 7 days by using the Disclosure Statement event. This event is located by going to Civil > Other Filings > Other Documents > Disclosure Statement. |
| 67 | 2026-09-21 | ORDER DISMISSING 55 Motion as MOOT. In the 55 Motion, filed on 9/16/2026, Defendant ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI sought leave to remotely observe the show cause hearing that was held on 9/17/2026. That hearing was in person and open to the public. The Court is generally not in a position to offer remote observation of in-person, public hearings for particular requestors on such short notice. Signed by Judge Christy Criswell Wiegand on 9/21/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 68 | 2026-09-21 | ORDER GRANTING IN PART AND DENYING IN PART 56 Motion by Defendants DUSARO, IRIBER HOME, KOJOX SANITARY, TONGDA TECH. In the 56 Motion, moving defendants sought an extension of time to file their opposition to the show cause order. IT IS HEREBY ORDERED that the 56 Motion is GRANTED IN PART only to the extent previously set out in the Court's Order at ECF No. 63. All other requested relief is DENIED. Signed by Judge Christy Criswell Wiegand on 9/21/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 69 | 2026-09-21 | ORDER granting 66 Motion for Adam E. Urbanczyk to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 9/21/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 70 | 2026-09-21 | NOTICE of Appearance by Jianyin Liu on behalf of ZumpSalny. |
| 71 | 2026-09-21 | BRIEF in Opposition re 47 Motion for Preliminary Injunction filed by ZumpSalny. |
| 72 | 2026-09-21 | CERTIFICATE OF SERVICE by FOSHAN HUAYUN TECHNOLOGY CO., LTD. re 63 Temporary Restraining Order, 25 Sealed Order |
| — | 2026-09-22 | CLERK'S REQUEST FOR CORRECTIVE ACTION re 70 Notice of Appearance. ERROR: Party did not file disclosure statement as required by either LR 7.1.A or FRCvP 7.1(a)(2). CORRECTION REQUIRED: Filer advised to docket statement within 7 days by using the Disclosure Statement event. This event is located by going to Civil > Other Filings > Other Documents > Disclosure Statement. |
| 73 | 2026-09-22 | NOTICE of Appearance by Jianyin Liu on behalf of gotonovo. |
| 74 | 2026-09-22 | BRIEF in Opposition re 47 Motion for Preliminary Injunction filed by gotonovo. |
| — | 2026-09-22 | CLERK'S REQUEST FOR CORRECTIVE ACTION re 73 Notice of Appearance. ERROR: Party did not file disclosure statement as required by LR 7.1.A. CORRECTION REQUIRED: Filer advised to docket statement within 7 days by using the Disclosure Statement event. This event is located by going to Civil > Other Filings > Other Documents > Disclosure Statement. |
| 75 | 2026-09-22 | NOTICE of Appearance by Jianyin Liu on behalf of Dasan USA. |
| 76 | 2026-09-22 | BRIEF in Opposition re 47 Motion for Preliminary Injunction filed by Dasan USA. |
| — | 2026-09-23 | CLERK'S REQUEST FOR CORRECTIVE ACTION re 75 Notice of Appearance. ERROR: Party did not file disclosure statement as required by either LR 7.1.A or FRCvP 7.1(a)(2). CORRECTION REQUIRED: Filer advised to docket statement within 7 days by using the Disclosure Statement event. This event is located by going to Civil > Other Filings > Other Documents > Disclosure Statement. |
| 77 | 2026-09-23 | Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by Dasan USA, ZumpSalny, gotonovo. |
| 78 | 2026-09-23 | Disclosure Statement identifying Suzuka Trading Co., Limited; Weijie Chen; Tonyro Trading Co., Limited; Yongli Wang; Shining Ascent Trading Limited; Li Weiwei; Dongguanshi Ruichen Leather Co., Ltd.; Chen Xiongjie; Chen Qiaohua as corporate parent or other affiliate by Holispa, HomGoo Shower, MWLY, Raycharm. |
| 79 | 2026-09-23 | BRIEF in Opposition re 47 Motion for Preliminary Injunction filed by Holispa, HomGoo Shower, MWLY, Raycharm. |
| 80 | 2026-09-23 | BRIEF in Opposition re 47 Motion for Preliminary Injunction filed by DUSARO, IRIBER HOME, KOJOX SANITARY, TONGDA TECH. |
| 81 | 2026-09-24 | NOTICE of Settlement by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 82 | 2026-09-25 | SEALED DOCUMENT. |
| 83 | 2026-09-29 | ORDER re 81 Notice of Settlement by FOSHAN HUAYUN TECHNOLOGY CO., LTD. In the 81 Notice, Plaintiff represents that it has reached a settlement in principle with Defendants KOJOX SANITARY, TONGDA TECH., DUSARO and IRIBER HOME. IT IS HEREBY ORDERED that all proceedings and deadlines applicable to Defendants KOJOX SANITARY, TONGDA TECH., DUSARO and IRIBER HOME, and only those defendants, are CANCELLED. IT IS FURTHER ORDERED that Plaintiff and Defendants KOJOX SANITARY, TONGDA TECH., DUSARO and IRIBER HOME shall file a dismissal stipulation or joint status report regarding settlement, on or before 10/28/2026. Signed by Judge Christy Criswell Wiegand on 9/29/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 84 | 2026-09-30 | REPLY to Response to Motion re [79] Brief in Opposition to Motion, filed by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 85 | 2026-09-30 | REPLY to Response to Motion re [71] Brief in Opposition to Motion, [74] Brief in Opposition to Motion, [76] Brief in Opposition to Motion, [59] Brief in Opposition to Motion, [61] Brief in Opposition to Motion, filed by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 86 | 2026-10-01 | ORDER DENYING [47] Motion for Preliminary Injunction by Plaintiff FOSHAN HUAYAN TECHNOLOGY CO., LTD. On 8/21/2026, the Court granted Plaintiff's [25] Motion for an order to show cause for why a preliminary injunction should not issue, and for a Temporary Restraining Order as to all defendants (except ZHENJIANGJIANHONGMAOYIYOUXIANGONGSI (hereafter, "COCKTAP")). ECF No. 25. On 9/17/2026, the Court held a show-cause hearing and heard argument from Plaintiff and certain defendants. See ECF No. 62. To consider the parties' arguments and permit additional opportunity to cure notice defects and hear from other defendants, the Court extended the Temporary Restraining Order as to all defendants (except COCKTAP) until 10/1/2026. ECF No. 63. Now ripe and before the Court is Plaintiff's [47] Motion for Preliminary Injunction, ECF No. 47, and Opposing Defendants' briefs in opposition to the motion for preliminary injunction and in response to the Court's order to show cause, see ECF Nos. 49 (COCKTAP), 41 (WOINDO), 59 (HEABLE-1), 61 (OUPUKLE), 71 (ZUMPSALNY), 74 (GOTONOVO), 76 (DASAN USA), and 79 (HOLISPA, HOMGOO SHOWER, MWLY, RAYCHARM). In its [47] Motion, Plaintiff seeks a preliminary injunction against the non-dismissed defendants identified on Schedule A of the Complaint based on allegations that the defendants are infringing its registered design patent. See ECF No. 47; see also ECF Nos. 15 (Complaint), 15-1 (Patent), 16 (TRO/OTSC Motion), 17 (Brief). "Preliminary injunctive relief is an extraordinary remedy and should be granted only in limited circumstances." Kos Pharms., Inc. v. Andrx Corp., 369 F.3d 700, 708 (3d Cir. 2004) (citation modified). District courts have "sound discretion" to grant or deny preliminary injunctive relief based on their assessment of four factors: "(1) the likelihood of success on the merits; (2) the risk of irreparable injury absent preliminary relief; (3) the balance of equities; and (4) the public interest." Delaware State Sportsmen's Ass'n, Inc. v. Delaware Dep't of Safety & Homeland Sec., 108 F.4th 194, 202 (3d Cir. 2024). "[A]ny one factor may give a district court reason enough to exercise its sound discretion by denying an injunction." Id. at 203. The Court concludes that Plaintiff fails to demonstrate a likelihood of success on the merits with respect to Opposing Defendants' challenge to the validity of the design patent on obviousness grounds. See Mylan Institutional LLC v. Aurobindo Pharma Ltd., 857 F.3d 858, 866 (Fed. Cir. 2017) ("To establish a likelihood of success on the merits, a patentee must show that it will likely prove infringement of the asserted claims and that its infringement claim will likely withstand the alleged infringer's challenges to patent validity and enforceability. A preliminary injunction should not issue if the accused infringer raises a substantial question concerning either infringement or validity." (citation modified)). Design patents, per 35 U.S.C. § 171, are subject to the nonobviousness requirements of 35 U.S.C. § 103. Federal Circuit precedents establish that "the ultimate inquiry under section 103 is whether the claimed design would have been obvious to a designer of ordinary skill who designs articles of the type involved." Titan Tire Corp. v. Case New Holland, Inc., 566 F.3d 1372, 138081 (Fed. Cir. 2009) (quoting Durling v. Spectrum Furniture Co., 101 F.3d 100, 103 (Fed. Cir. 1996)). In practice, that means assessing "whether one of ordinary skill would have combined teachings of the prior art to create the same overall visual appearance as the claimed design." Id. (citation omitted). To do so, courts first identify "a single reference," i.e. a primary reference, "a something in existence, the design characteristics of which are basically the same as the claimed design." Id. (citation modified). Then, courts may consider "other secondary references" to modify the primary reference "to create a design that has the same overall visual appearance as the claimed design." Id. (citation modified). But "these secondary references must be so related to the primary reference that the appearance of certain ornamental features in one would suggest the application of those features to the other." Id. (citation modified). Plaintiff's claimed design, asserted in U.S. Design Patent No. D1,057,101 ("'101 Patent"), is an "ornamental design for a shower valve," depicting a rectangular wall plate; three circular control knobs, arrayed in a triangular pattern and situated in the upper half of the plate; and a rectangular lever, situated in the bottom half of the plate. ECF No. 15-1 (Patent); see also ECF Nos. 15 (Complaint) para. 50, 41 (Woindo Opp.) at 35. Opposing Defendants argue that the '101 Patent "does not invent a new ornamental concept" as the claimed design "was already in the prior art" and thus the '101 Patent is invalid as obvious. See, e.g., ECF 41 (Woindo Opp.) at 37. In particular, Opposing Defendants point to four references in the prior art: CN 304032638 S, ECF No. 41-1; CN 306922838 S, ECF No. 41-2; CN 306922841 S, ECF No. 41-3; and EU 006263299-0043, ECF No. 41-4. The prior art CN 304032638 S, taken as the primary reference, features a square wall plate with circular control knobs situated in the upper half of the plate and a rectangular lever situated in the bottom half of the plate. ECF No. 41-1. However, it only has two knobs in a row rather than three in a triangle as in Plaintiff's claimed design. Id. But prior art CN 306922838 S and CN 306922841 S, taken as secondary references, fill that gap: both feature three control knobs, albeit situated in the bottom half, and with only one arrayed in a triangular pattern. ECF Nos. 40-2, 40-3. And prior art EU 006263299-0043, as a further secondary reference, features three control buttons (not knobs) and a rectangular lever, the former situated in the top and the latter situated in the bottom half. ECF No 40-4. All told, the Court concludes that Opposing Defendants have succeeded in establishing a substantial question -- and Plaintiff has failed to establish a lack of substantial merit -- as to whether these four prior art references considered together "create the same overall visual appearance as the claimed design" in the '101 Patent. Titan Tire Corp., 566 F.3d at 1381 (quoting Durling, 101 F.3d at 103). Thus, Plaintiff has failed to demonstrate a likelihood of success on the merits with respect to Opposing Defendants' challenge to the validity of the design patent on obviousness grounds. The Court concludes that this failure is sufficient to deny the preliminary injunction, so the Court need not reach the remaining preliminary injunction factors. See Delaware State Sportsmen's Ass'n, Inc., 108 F.4th at 203. Accordingly, IT IS HEREBY ORDERED that the [47] Motion for Preliminary Injunction is DENIED. Signed by Judge Christy Criswell Wiegand on 10/01/2026. 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