Case Overview

In a swift 99-day resolution, the U.S. District Court for the Northern District of Illinois entered a complete default judgment in favor of Shenzhen Kunshengze Electronic Commerce Co., Ltd. against dozens of e-commerce sellers accused of infringing U.S. Design Patent No. USD980990S — covering a **finger stretcher** rehabilitation device. Case No. 1:23-cv-16234, closed March 5, 2024, exemplifies an increasingly prevalent litigation strategy targeting counterfeit and copycat sellers on online marketplaces.

For patent attorneys managing high-volume design patent assertions, IP professionals tracking cross-border enforcement trends, and R&D teams operating in the consumer health and fitness accessories market, this case offers a practical window into how design patent infringement litigation against anonymous or unresponsive e-commerce defendants unfolds — and what structural vulnerabilities leave sellers exposed to swift judicial action.

The Parties

Patents at Issue

This case involved a single U.S. design patent covering the ornamental design of a finger stretcher rehabilitation device. Design patents are registered with the U.S. Patent and Trademark Office (USPTO) and protect ornamental appearance rather than functional technology.

• • US D980,990 S — Ornamental design of a finger stretcher device

The Default Judgment & Legal Analysis

Outcome

Chief Judge Valderrama granted Plaintiff’s Motion for Entry of Default and Default Judgment in full. All named defaulting defendants were formally deemed in default, and judgment was entered against them. The case was resolved in a swift 99 days. The specific damages award amount is not disclosed in the available case record; however, default judgments in comparable design patent enforcement actions in this district have historically included injunctive relief, damages, and in some cases attorney’s fees.

Key Procedural & Legal Aspects

The cause of action was patent infringement — specifically, the alleged unauthorized reproduction of the ornamental design claimed in USD980990S on competing finger stretcher products sold through e-commerce channels to U.S. consumers. Because no defendants appeared to contest the allegations, the court did not engage in a contested claim construction analysis or adjudicate affirmative defenses such as invalidity or non-infringement. The procedural mechanism of default judgment under Federal Rule of Civil Procedure 55(b) permitted the court to accept Plaintiff’s well-pleaded factual allegations as admitted.

The “ordinary observer” standard, established by the Federal Circuit in *Egyptian Goddess, Inc. v. Swisa, Inc.* (2008), governs design patent infringement analysis: infringement is found when an ordinary observer, familiar with the prior art, would be deceived into believing the accused design is the same as the patented design. While this standard was not contested here due to the default, it remains the operative test in any future challenge to this judgment.