“This action having been commenced by Plaintiffs Heather M. Snow and Zachary S. Snow (“Plaintiffs”) against the Defendants identified on Schedule A, and using the Defendant Domain Names and Online Marketplace Accounts identified on Schedule A, and Plaintiffs having moved for entry of Default and Default Judgment against Defendants hopeness-1 (Def. #1), qwaaee5 (Def. #2), and xiuying1-hfhzhe (Def. #3), (collectively, the “Defaulting Defendants”); This Court having entered a preliminary injunction; Plaintiffs having properly completed service of process on Defaulting Defendants, the combination of providing notice via electronic publication and e-mail, along with any notice that Defaulting Defendants received from domain name registrars 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 None of the Defaulting Defendants having answered or appeared in any way, and the time for answering having expired, so that the allegations of the Complaint are uncontroverted and are deemed admitted; Case: 1:24-cv-05546 Document #: 31 Filed: 09/25/24 Page 1 of 5 PageID #:303 2 This Court 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, Plaintiffs have provided a basis to conclude that Defaulting Defendants have targeted sales to Illinois residents by setting up and operating e- commerce stores that target United States consumers using one or more seller aliases, offer shipping to the United States, including Illinois, and have sold products that infringe Plaintiffs’ patent, U.S. Patent No. 10,710,265 (“’265 Patent”) to residents of Illinois. In this case, Plaintiff has presented evidence that each Defaulting Defendant e-commerce store is reaching out to do business with Illinois residents by operating one or more commercial, interactive internet stores through which Illinois residents can and do purchase products infringing the ’265 Patent. See Docket No. 4-3 (screenshot evidence confirming that each Defendant e-commerce store does stand ready, willing and able to ship its infringing goods to customers in Illinois). This Court further findsthat Defaulting Defendants are liable for patent infringement pursuant to 35 U.S.C. § 271 and that such infringement was deliberate, willful, wanton, malicious, and in bad faith. Accordingly, this Court orders that Plaintiffs’ Motion for Entry of Default and Default Judgment is GRANTED asfollows, that Defaulting Defendants are deemed in default, and that this Default Judgment is entered against Defaulting Defendants. This Court further orders that: 1. Defaulting Defendants, their officers, agents, servants, employees, attorneys, and all persons acting for, with, by, through, under, or in active concert with them be permanently enjoined and restrained from: a. manufacturing, importing, distributing, offering for sale, or selling any infringing Case: 1:24-cv-05546 Document #: 31 Filed: 09/25/24 Page 2 of 5 PageID #:304 3 products, i.e., the thread cutters as identified in the Complaint and any colorable variations thereof (“Infringing Products”); b. further infringing the ’265 Patent and damaging Plaintiff’s intellectual property rights; c. otherwise competing unfairly with Plaintiff in any manner; d. manufacturing, shipping, delivering, holding for sale, transferring or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, the Infringing Products; e. using, linking to, transferring, selling, exercising control over, or otherwise owning the Online Marketplace Accounts or any other online marketplace account that is being used to sell or is the means by which Defendants could continue to sell the Infringing Products; and f. operating and/or hosting any website or marketplace account for or on behalf of Defendants that are involved with the distribution, marketing, advertising, offering for sale, or sale of the Infringing Products. 2. Defaulting Defendants and any third parties with actual notice of this Order who are providing services for any of the Defaulting Defendants, or in connection with any of the Defaulting Defendants’ Online Marketplaces, including, without limitation, any online marketplace platforms such as eBay, Inc., AliExpress, Alibaba Group Holding Ltd. (“Alibaba”), Amazon.com, ContextLogic, Inc. d/b/a Wish.com and Dhgate (collectively, Third Party Providers”), shall within seven (7) calendar days of receipt of this Order cease: a. using, linking to, transferring, selling, exercising control over, or otherwise owning the Online Marketplace Accounts, or any other online marketplace account that is being used to sell or is the means by which Defaulting Defendants could Case: 1:24-cv-05546 Document #: 31 Filed: 09/25/24 Page 3 of 5 PageID #:305 4 continue to sell infringing goods; and b. operating and/or hosting websites that are involved with the distribution, marketing, advertising, offering for sale, or sale of any Infringing Products. 3. Upon Plaintiff’s request, those with notice of this Order, including the Third Party Providers as defined in Paragraph 4, shall within seven (7) calendar days after receipt of such notice, disable and cease displaying any advertisements used by or associated with Defaulting Defendants in connection with the sale of Infringing Products. 4. Pursuant to 35 U.S.C. §§ 284, Plaintiff is awarded damages from each of the Defaulting Defendants in the amount detailed below, totaling $6,650.00, for patent infringement on products sold through at least the Defendant Internet Stores. This award shall apply to each distinct Defaulting Defendant only once, even if they are listed under multiple different aliases in the Complaint and Schedule A. Def’t # Store Name ID 1 hopeness-1 https://www.ebay.com/str/hopeness1 2 qwaaee5 https://www.ebay.com/str/qwaaee5 3 xiuying1-hfhzhe https://www.ebay.com/str/xiuying1hfhzhe 5. Furthermore, as Defaulting Defendants’ infringement was admittedly deliberate, willful, wanton, malicious, and in bad faith, enhanced damage are appropriate and the damages award shall be tripled to $19,950 per defendant. 6. Any Third Party Providers holding funds for Defaulting Defendants, including PayPal, Inc. (“PayPal”), Alipay, Alibaba, Wish.com, Ant Financial Services Group (“Ant Financial”), and Amazon Pay, shall, within seven (7) calendar days of receipt of this Order, permanently restrain and enjoin any accounts connected to Defaulting Defendants or the Defendant Internet Stores from transferring or disposing of any funds (up to the enhanced damages Case: 1:24-cv-05546 Document #: 31 Filed: 09/25/24 Page 4 of 5 PageID #:306 5 awarded in Paragraph 7 above) or other of Defaulting Defendants’ assets. 7. All monies (up to the amount of the enhanced damages awarded in Paragraph 6 above) currently restrained in Defaulting Defendants’ financial accounts, including monies held by Third Party Providers such as PayPal, Alipay, Alibaba, Wish.com, Ant Financial, and Amazon Pay, are hereby released to Plaintiff as partial payment of the above-identified damages, and Third Party Providers, including PayPal, Alipay, Alibaba, Wish.com, Ant Financial, and Amazon Pay, are ordered to release to Plaintiff the amounts from Defaulting Defendants’ financial accounts within fourteen (14) calendar days of receipt of this Order. 8. Until Plaintiff has recovered full payment of monies owed to it by any Defaulting Defendant, Plaintiff shall have the ongoing authority to commence supplemental proceedings under Federal Rule of Civil Procedure 69. 9. In the event that Plaintiffs identifies any additional online marketplace accounts or financial accounts owned by Defaulting Defendants, Plaintiffs may send notice of any supplemental proceeding, including a citation to discover assets, to Defaulting Defendants by e-mail at the e-mail addresses provided for Defaulting Defendants by third parties. 10. The clerk of the court is ordered to release the bond previously posted in this action with any interest accrued to Plaintiffs’ counsel, as this Default Judgement Order supersedes the Preliminary Injunction entered in this case. This is a Default Judgment.”