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ND Products v. Does 1-127 | US10813792 Earwax Removal Patent | PatSnap
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Case ID1:22-cv-03444
FiledJul 2022
ClosedSep 2024
Patent Litigation

ND Products v. Does 1-127: Default Judgment on Earwax Removal Patent US10813792

ND Products, Inc. pursued 127 anonymous e-commerce sellers in the Northern District of Illinois for infringing US10813792, a patent covering a system and method for earwax and particulate removal. After defendants failed to answer, the court entered a sweeping default judgment — including a permanent injunction and willfulness finding — on 9 September 2024, closing the case after 801 days.

Resolution time
801days
801 days — longer than the median district court IP case lifecycle of ~600 days, consistent with multi-defendant coordination complexity
Patents asserted
1
US10813792B2 — earwax and particulate removal system and method, consumer health/personal-care device
Outcome
Default Judgment
All 127 defendants failed to answer; court entered judgment including willfulness finding and permanent injunction
Cost ruling
Plaintiff Win
Default judgment granted in its entirety; permanent injunction and damages royalty awarded to ND Products
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

Mass e-commerce enforcement ends in default judgment and permanent injunction

ND Products, Inc. filed suit on 1 July 2022 in the Northern District of Illinois against a roster of 127 pseudonymous online sellers — operating storefronts on major e-commerce platforms under aliases such as GPEKRI Store, JIAYUAN US, and dozens of others — alleging patent infringement of US10813792B2, which protects a system and method for the removal of earwax and particulates. The case was assigned to Judge Franklin U. Valderrama and prosecuted by Keener & Associates PC, a firm experienced in multi-defendant IP enforcement actions against overseas marketplace sellers.

The case concluded on 9 September 2024 via default judgment — the court’s mechanism when defendants fail to appear or answer. With no substantive defence entered, Judge Valderrama found the ‘792 Patent valid and enforceable, held that defendants literally infringed and/or infringed under the doctrine of equivalents, and critically found wilful infringement, noting defendants had exactly copied the patented product and used aliases and concealment tactics to frustrate identification. A permanent injunction was issued restraining all defendants from selling, importing, or facilitating the sale of infringing products, and a minimum reasonable royalty was awarded as damages.

The 801-day duration reflects the logistical complexity of serving and coordinating enforcement against over a hundred anonymous overseas marketplace sellers — a pattern increasingly common in Northern District of Illinois patent cases targeting counterfeit and copycat product networks. The public record does not disclose the precise damages quantum awarded, though the court accepted plaintiff’s reasonable royalty evidence as the best available measure given sparse revenue data. What remains unknown is whether any of the named storefronts have since migrated to new aliases or platforms, a risk the permanent injunction explicitly anticipates by prohibiting the formation of new entities to circumvent its terms.

Case at a glance
Case no.1:22-cv-03444
DefendantDoes 1-127
CourtIllinois Northern
JudgeFranklin U. Valderrama
FiledJuly 1, 2022
ClosedSeptember 9, 2024
Duration801 days
OutcomeDefault Judgment
Verdict causeInfringement Action
BasisDefault Judgment
Prior Art Intelligence
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Case data sourced from PACER / Illinois Northern District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

Filing to Default Judgment in 801 days

801 days — longer than the median district court IP case lifecycle of ~600 days, consistent with multi-defendant coordination complexity

Case timeline: Complaint filed JUL 1 2022, AUG–SEP — 801 days total Horizontal timeline showing the three key events in ND Products, Inc. v Does 1-127 from filing to resolution. Source: PACER, Illinois Northern District Court. JUL 1 2022 Complaint filed Pre-trial proceedings SEP 9 2024 Default Judgment 801 DAYS TOTAL
Default judgment

Default judgment entered: what the ruling means for both parties

Legal mechanism

Default judgment: liability found without contested hearing

A default judgment under Fed. R. Civ. P. 55 is entered when a defendant fails to plead or otherwise defend. The court accepts well-pleaded allegations as true and determines appropriate relief. Here, Judge Valderrama found literal infringement and infringement under the doctrine of equivalents, declared the ‘792 Patent valid and enforceable, and made an affirmative willfulness finding — all without defendants contesting a single factual or legal point.

Rule 55 default — no merits contest
Patent holder outcome

ND Products secures permanent injunction and willfulness finding

The default judgment delivers ND Products its full requested relief: a permanent injunction barring all 127 defendants from selling, importing, or facilitating infringing products, and a damages award based on a minimum reasonable royalty. The willfulness finding is particularly significant — it supports enhanced damages under 35 U.S.C. § 284 and signals that the court viewed defendants’ conduct as egregious. The injunction expressly covers new entities formed to circumvent it, providing forward-looking protection.

Permanent injunction granted
Defendant outcome

Defaulting sellers face injunction, damages, and platform enforcement

By failing to appear, all 127 defendants forfeited any opportunity to challenge patent validity, claim scope, or damages. The permanent injunction extends to their affiliates, agents, and any new entities they form — and the order expressly encompasses e-commerce platforms, hosts, and payment processors. This means platform-level enforcement (account suspension, payment freezes) is directly contemplated. Defendants retain the right to move to vacate the default, but courts rarely grant such relief absent a compelling excuse for non-appearance.

No defence entered — judgment final
Commercial implications

Validated patent strengthens enforcement across the earwax removal market

The court’s findings that US10813792 is valid and enforceable, and that Claim 1 was literally infringed, constitute judicial endorsement of the patent’s scope — even if reached by default. Any seller currently marketing earwax and particulate removal systems should consider an FTO review against this patent. The willfulness precedent and the breadth of the injunction (covering new storefronts and aliases) suggest ND Products is positioned for rapid re-enforcement against copycat sellers who migrate to new platforms.

Elevated infringement risk for marketplace sellers
Legal analysis based on PACER docket records for case 1:22-cv-03444 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffND Products, Inc.CompanyConsumer health product innovator — holder of US10813792B2 (earwax removal system)Search in Eureka ↗
Co-PlaintiffDoe #14IndividualSearch in Eureka ↗
DefendantDoes 1-127Individual127 pseudonymous e-commerce marketplace sellers, predominantly overseas-based, operating infringing online storefrontsSearch in Eureka ↗
Co-DefendantDoe 19 GPEKRI StoreIndividualSearch in Eureka ↗
Co-DefendantDoe 30 JIAYUAN USIndividualSearch in Eureka ↗
Co-DefendantDoe 61 YE’DIndividualSearch in Eureka ↗
Co-DefendantDoe 76 doukend58IndividualSearch in Eureka ↗
Co-DefendantDoe 8 Core PlexIndividualSearch in Eureka ↗
Co-DefendantDoe 81 givefeiIndividualSearch in Eureka ↗
Co-DefendantDoe 83 info.sid90IndividualSearch in Eureka ↗
Co-DefendantDoe 90 medbuddha_2006IndividualSearch in Eureka ↗
Co-DefendantDoe 95 ramanthar0IndividualSearch in Eureka ↗
Co-DefendantOthers too numerous to list: Doe 4 ARW, Doe 117 thyshesonxsdnkj, Doe 120 xuzhihui, Doe 40 MRXMXV, Doe 102 t-mind_store, Doe # 14, Doe 69 bombulk_qhbgyjdm, Doe 72 ceciproduce, Doe 45 pendentco, Doe 121 Zhang Fei Fashion, Doe 1 5566-Seller, Doe 36 Lomave, Doe 74 dailydeals_store, Doe 39 MINISTAR-US, Doe 91 mwase37, Doe 32 KB’s Barney Bag, Doe 67 america_deals_4you, Doe 101 store_nilus, Doe 27 HYFEWN-US, Doe 123 MDDerict, Doe 10 CrinyShoue, Doe 51 SAMERIVER, Doe 100 spanc_24, Doe 113 Sincerity3, Doe 20 GPEKRI Trading, Doe 112 shoujidian, Doe 75 dilanraseem0, Doe 28 Industrial Furniture Store, Doe 116 Teeking, Doe 14 DOLORIS MATIS. LLC,, Doe 66 allinonestor, Doe 111 Lizixian, Doe 96 saranderso-1, Doe 31 JKSDZ, Doe 60 Yangjb, Doe 9 CreatLife Shop, Doe 73 chumsoutlet, Doe 38 MgRENW, Doe 99 smarthomesecurity25, Doe 78 emilyzbazaar, Doe 59 xiaomai direct, Doe 23 guangzhoulanlingshangmaoyouxiangongsi, Doe 125 KailiFUshaop, Doe 63 ‘, Doe 80 galaxy5150_1, Doe 97 shoperhut_store*, Doe 106 EDLSJVOD SVSDV52, Doe 15 DUCOSE HOME, Doe 22 guangzhoukeoushangmaoyouxiangongsi, Doe 110 komhnuio, Doe 18 Good fair, Doe 126 mazhicaishangmaodian, Doe 109 kangling120506, Doe 115 sunchunhua90, Doe 12 DanDan Sales, Doe 54 Sshaping, Doe 64 jinniubx, Doe 43 nihaofuzhuang8956, Doe 84 japan_izm, Doe 127 jingxingyouxian, Doe 62 zuozhiyishangmaoshanghang, Doe 89 mascaradelot21, Doe 122 bluerdream, Doe 21 Guangzhou Xinke Network Technology Co., Ltd., Doe 55 TCGInnovation, Doe 93 perfectcool, Doe 108 ghjfuykuytyjteeee, Doe 65 albina_b, Doe 2 amazum-US, Doe 5 AZIT Solutions LLC, Doe 107 Freakin Good, Doe 42 mtolu Direct, Doe 7 BOB Baby, Doe 85 kavmadhub_0, Doe 33 KSAHANZQA, Doe 58 Wax Remover, Doe 70 boutique-shop-story, Doe 105 aixuxiao, Doe 71 cecarvelo0, Doe 53 Snapt-US, Doe 34 LAONIUBI66, Doe 47 PPROLL, Doe 94 photoprogramer, Doe 17 Felyyo, Doe 50 QJWY Direct, Doe 29 JIAN FU, Doe 88 marikaida1818, Doe 57 Viva Village, Doe 41 MSW-9, Doe 37 MAbing1USAwarehouse, Doe 11 Dalarlo US, Doe 82 hk_global, Doe 77 e_webster, Doe 118 TUTUYONI, Doe 114 sslaskjdhaif, Doe 3 AOUUL, Doe 119 wanjianyu35655998, Doe 6 BAISHD, Doe 52 Smcytin, Doe 98 shopping_place, Doe 103 danpinghdp, Doe 26 HlpiAMok US, Doe 87 lakan-971, Doe 24 HEOVO, Doe 124 ZCXD Store, Doe 25 HJS STORE, Doe 86 khakam-56, Doe 44 OASIS-TR, Doe 48 QITUN, Doe 79 eraweera7, Doe 104 GUXIAO, Doe 16 feilongzaitian-us, Doe 92 nurdi_agust, Doe 35 Lilivera, Doe 49 qiugu7844, Doe 46 Ply-US-2, Doe 56 UAV Electronic Mall, Doe 68 blue_kipa, Doe 13 DIXIAN-US5CompanySearch in Eureka ↗
Plaintiff counselKevin John KeenerAttorneyCounsel for ND Products, Inc.Search in Eureka ↗
Plaintiff law firmKeener & Associates PCLaw FirmRepresenting ND Products, Inc.Search in Eureka ↗
Defendant counselJianyin LiuAttorneyCounsel for Does 1-127Search in Eureka ↗
Defendant law firmLaw Offices of James Liu PLLCLaw FirmRepresenting Does 1-127Search in Eureka ↗
Presiding judgeJudge Franklin U. ValderramaJudgeIllinois Northern District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“This Court having entered upon a showing by Plaintiff a temporary restraining order and preliminary injunction against Defaulting Defendants; Plaintiff having properly completed service of process on Defaulting Defendants, providing notice via e-mail, along with any notice that Defaulting Defendants received from the ecommerce platforms, hosts, and payment processors, being notice reasonably calculated under all circumstances to apprise Defaulting Defendants of the pendency of the action and affording them the opportunity to answer and present their objections; and Defaulting Defendants having failed to answer the Complaint or otherwise plead, and the time for answering the Complaint having expired; THIS COURT HEREBY FINDS that it has personal jurisdiction over Defaulting Defendants because Defaulting Defendants directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defaulting Defendants are reaching out to do business with Illinois residents by operating one or more commercial, interactive Case: 1:22-cv-03444 Document #: 71 Filed: 09/09/24 Page 5 of 13 PageID #:1702 Infringing Websites through which Illinois residents can purchase products infringing Plaintiff’s U.S. Patent No. U.S. Patent Number 10,813,792 (“the ‘792 Patent”). THIS COURT FURTHER FINDS that the Defaulting Defendants are liable for patent infringement (35 U.S.C. § 271). Specifically, this Court finds that the ‘792 Patent is valid and enforceable and that the Defaulting Defendants have infringed Claim 1 of the ‘792 Patent literally and/or through the doctrine of equivalents. THIS COURT FURTHER FINDS that although information about the Defaulting Defendants’ profits and revenues is sparse, that Plaintiff’s efforts provide the best available measure of profits and Plaintiff has established evidence of a minimum reasonable royalty for the ‘792 Patent. THIS COURT FURTHER FINDS that the Defaulting Defendants have willfully infringed the ‘792 Patent. In particular, the Defaulting Defendants have exactly copied Plaintiff’s patented product. The Defaulting Defendants have also attempted to hide their misconduct from Plaintiff by using aliases and taking efforts to conceal their identities. The actions of the Defaulting Defendants subjectively establish that their conduct is egregious, willful, wanton, malicious, and deliberate. IT IS HEREBY ORDERED that Plaintiff’s Motion for Entry of Default and Default Judgment is GRANTED in its entirety, that Defaulting Defendants are deemed in default and that this Final Judgment is entered against Defaulting Defendants. IT IS FURTHER ORDERED that Defaulting Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be permanently enjoined and restrained from: Case: 1:22-cv-03444 Document #: 71 Filed: 09/09/24 Page 6 of 13 PageID #:1703 1. Offering for sale, selling, and importing any product covered by the ‘792 Patent that is not authorized by Plaintiff; 2. Aiding, abetting, contributing to, or otherwise assisting anyone in infringing the ‘792 Patent; 3. using, linking to, transferring, selling, exercising control over, or otherwise owning or operating the infringing webstores, websites, or any other domain name that is being used to sell or is the means by which the Defaulting Defendants could continue to sell products infringing the ‘792 Patent; 4. operating and/or hosting infringing webstores, websites and any other domain names registered or operated by Defaulting Defendants that are involved with the distribution, importation, offering for sale, or sale of any product covered by the ‘792 Patent not authorized by Plaintiff; 5. Effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or avoiding the prohibitions set forth in the above subparagraphs;”
Source: PACER Docket, Case 1:22-cv-03444, Illinois Northern District Court

The verdict language is notable for its breadth and its explicit willfulness finding. The court found infringement both literally and under the doctrine of equivalents as to Claim 1 of the ‘792 Patent — covering the widest possible scope of liability. The willfulness determination, grounded in evidence of exact copying and deliberate identity concealment, opens the door to enhanced damages under 35 U.S.C. § 284. Because this is a default judgment, no invalidity or non-infringement defences were tested, meaning the patent’s validity rests on uncontested judicial endorsement rather than adversarial scrutiny — a distinction that matters for any future challenge.

PACER case 1:22-cv-03444 · Public docket record Explore in Eureka ↗
Patent at issue

US10813792B2 — Earwax and particulate removal system and method

Publication No.US10813792B2
Application No.US14/737511
Patent details
ProductSystem and method for removal of earwax and particulates from the ear canal
Cited in actionJuly 1, 2022

US10813792B2 (application number US14/737511) protects a system and method for the removal of earwax and particulates — a consumer personal-care device addressing a high-volume household health need. The patent’s Claim 1 was the asserted claim in this litigation, and the court found it valid, enforceable, and infringed both literally and under the doctrine of equivalents. The application history under number US14/737511 suggests a filing in the mid-2010s technology development window for consumer otological care devices, a category that has seen significant marketplace proliferation on global e-commerce platforms.

For competitors in the personal-care and consumer health device space — particularly those selling earwax removal tools, ear irrigation systems, or particulate extraction devices on marketplace platforms — US10813792 represents an active, judicially validated enforcement asset. The patent holder has demonstrated willingness and capability to pursue large numbers of defendants simultaneously. The court’s finding that Claim 1 covers both literal embodiments and equivalents broadens the patent’s commercial reach significantly, and any product that achieves similar functional results through alternative design-arounds merits careful FTO analysis before market launch.

Patent data sourced from USPTO via PatSnap Eureka patent database Search patent records in Eureka ↗
Freedom to operate

Should you run an FTO against US10813792B2?

Any company designing, importing, or listing earwax removal, ear irrigation, or particulate extraction products on e-commerce platforms — particularly Amazon, eBay, Walmart Marketplace, or Wish — should treat US10813792B2 as a primary FTO target. The N.D. Ill. default judgment confirms the patent is valid and enforceable as of September 2024, and that its scope extends to both literal infringement and equivalents. Marketplace sellers, OEM suppliers, and white-label distributors in the consumer otological device category face elevated risk given ND Products’ demonstrated enforcement posture.

PatSnap Eureka’s FTO Search Agent can map US10813792B2’s claim landscape against your product specifications, identify relevant prior art that could support a validity challenge, and surface related patents in ND Products’ portfolio that may represent additional enforcement vectors. Eureka’s litigation monitoring tools can also alert your team to new filings by ND Products or Keener & Associates PC — giving you early warning before a TRO application freezes your marketplace accounts or payment processing.

PatSnap Eureka FTO Search

Run a freedom-to-operate analysis on US10813792B2 to assess your product’s exposure

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Related litigation

Similar patent cases: consumer health devices in N.D. Illinois

Explore related consumer health device patent enforcement actions filed in the Northern District of Illinois, including comparable mass-defendant marketplace infringement cases.

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Strategic implications

What this case signals for the consumer health device IP landscape

The ND Products default judgment is a textbook example of mass e-commerce patent enforcement — and a warning to marketplace sellers worldwide.

Northern District of Illinois remains a favoured venue for mass-defendant IP enforcement

The N.D. Ill. has developed well-worn procedural pathways for multi-defendant e-commerce cases: consolidated Doe complaints, TRO and preliminary injunction practice, and e-mail service on overseas sellers. Patent holders targeting marketplace counterfeiters consistently file here for speed, consistency, and platform-enforcement reach. Companies selling consumer health devices on Amazon, eBay, or Wish should monitor N.D. Ill. dockets for claims in their product category.

Willfulness findings in default judgments carry downstream enforcement weight

While a default judgment is technically entered without merits adjudication, the court’s willfulness finding — supported by evidence of exact copying and identity concealment — is on the public record. This creates a reputational and legal risk for any seller whose storefront name appears in the order, and may inform enhanced damages calculations if any defendant later seeks to reopen the case. IP teams should treat willfulness findings in defaults as substantive risk signals, not procedural formalities.

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Frequently asked questions

ND v Does — key questions answered

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Protect your earwax removal product line from patent enforcement risk

US10813792B2 is actively enforced and judicially validated. Run an FTO analysis now to assess your product’s exposure, and set litigation monitoring alerts to track new ND Products enforcement filings before they impact your marketplace access.

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