“This action having been commenced by Plaintiff Wiesner Healthcare Innovation LLC, (“Plaintiff”) against the defendants identified on Schedule A, and using the Online Marketplace Accounts identified on Schedule A (collectively, the “Defendant Internet Stores”), and Plaintiff having moved for entry of Default and Default Judgment against the defendants identified on Schedule A, attached hereto which have not yet been dismissed from this case (collectively, “Defaulting Defendants”); This Court having entered a preliminary injunction; Plaintiff having properly completed service of process on Defaulting Defendants, the combination of providing notice via e-mail, along with any notice that Defaulting Defendants received from online marketplaces and payment processors, being notice reasonably calculated under all circumstances to apprise Defaulting Case: 1:24-cv-03777 Document #: 53 Filed: 10/15/24 Page 1 of 9 PageID #:1073 2 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; 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, Plaintiff has 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 upon Plaintiff’s federally registered patents, as claimed in U.S. Patent Nos. 10,624,728 B2 (“the ‘728 Patent”); 11,351,020 B2 (“the ‘020 Patent”); and 11,642,205 B2 (“the ‘205 Patent”) (collectively, “Plaintiff’s Patents”) to residents of Illinois. In this case, Plaintiff has presented screenshot evidence that each 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 that infringe Plaintiff’s Patents. See Schedule A and Exhibit 3 to the Verified Amended Complaint, Docket Nos. [14-1] and [14-6], which includes links and product ID numbers for the subject storefronts and infringing products and screenshot evidence confirming that each Defendant e-commerce store does stand ready, willing and able to ship its infringing products to customers in Illinois; see also Exhibit 7 to the Verified Amended Complaint, Docket No. [14-7], which contains exemplary claim charts outlining how Unauthorized Products infringe at least Claim 1 of each of Plaintiff’s Patents. Case: 1:24-cv-03777 Document #: 53 Filed: 10/15/24 Page 2 of 9 PageID #:1074 3 This Court further finds that Defaulting Defendants are liable for willful patent infringement on each of the three patent infringement claims (Counts I, II, and III), trade dress infringement (Count IV), and unjust enrichment and unfair competition under Illinois common law (Counts V and VI) in Plaintiff’s Verified Amended Complaint. Accordingly, this Court orders that Plaintiff’s Motion for Entry of Default and Default Judgment is GRANTED as follows, 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. Making, using offering for sale, selling, and/or importing into the United States for subsequent sale any products that infringe upon Plaintiff’s Patents or use of any product that infringes upon Plaintiff’s Patents in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine Plaintiff product or not authorized by Plaintiff to be sold in connection with Plaintiff’s Patents; b. using Plaintiff’s trade dress or any reproductions, infringing copies, or colorable imitations in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not Plaintiff’s genuine product or not authorized by Plaintiff for sale under Plaintiff’s trade dress; c. passing off, inducing, or enabling others to sell or pass off any product as a genuine Plaintiff product or any other product produced by Plaintiff, that is not Plaintiff’s or not Case: 1:24-cv-03777 Document #: 53 Filed: 10/15/24 Page 3 of 9 PageID #:1075 4 produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale that is protected under Plaintiff’s Patents or Plaintiff’s trade dress; d. committing any acts calculated to cause consumers to believe that Defaulting Defendants’ products are those sold under the authorization, control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff and its rights in Plaintiff’s Patents; and e. manufacturing, shipping, delivering, holding for sale, transferring or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which embody any of the Claims of Plaintiff’s Patents or which use Plaintiff’s trade dress. 2. Defaulting Defendants and any third party with actual notice of this Order who is 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 Amazon.com, Inc. (“Amazon”), eBay, Inc. (“eBay”), WhaleCo, Inc., (“Temu”), and Walmart, Inc. (“Walmart”), (collectively, the “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 continue to sell goods that infringe upon Plaintiff’s Patents or Plaintiff’s trade dress; and Case: 1:24-cv-03777 Document #: 53 Filed: 10/15/24 Page 4 of 9 PageID #:1076 5 b. operating and/or hosting websites that are involved with the distribution, marketing, advertising, offering for sale, or sale of any product infringing Plaintiff’s Patents or Plaintiff’s trade dress or any reproductions, copies or colorable imitations thereof that is not a genuine Plaintiff product or not authorized by Plaintiff to utilize the inventions claimed in Plaintiff’s Patents or Plaintiff’s trade dress. 3. Upon Plaintiff’s request, those with notice of this Order, including the Third-Party Providers as defined in Paragraph 2, 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 goods using the inventions claimed in Plaintiff’s Patents or using Plaintiff’s trade dress. 4. Pursuant to 35 U.S.C. § 284, Plaintiff is awarded damages equal to a reasonable royalty from each of the Defaulting Defendants in the amount of $10,000.00. 5. Pursuant to 35 U.S.C. § 284, Plaintiff is awarded expected transaction costs associated with the hypothetical negotiations and drafting of royalty and licensing agreements between it and the twenty-one (21) Defaulting Defendants listed below. Plaintiff is awarded $50,000.00 in expected transaction costs, or $2,380.95 per Defaulting Defendant. 6. Pursuant to 35 U.S.C. § 284, Defaulting Defendants are subject to treble damages and Plaintiff is awarded three times the amount awarded in both paragraphs 4 and 5. 7. Additionally, this case is held exceptional, and Plaintiff is awarded its reasonable attorney’s fees pursuant to 35 U.S.C. § 285. This Court finds that an award of $14,155.33 in attorneys’ fees is reasonable, $674.06 per Defaulting Defendant, and therefore awards Plaintiff $14,155.33 in attorneys’ fees, $674.06 from each of the Defaulting Defendants. Case: 1:24-cv-03777 Document #: 53 Filed: 10/15/24 Page 5 of 9 PageID #:1077 6 8. As a result of the damages awarded to Plaintiff in paragraphs 4 through 7 of this Order, the total awarded to the Plaintiff is $37,816.91 per Defaulting Defendant. 9. Any Third-Party Providers holding funds for Defaulting Defendants, including Amazon, eBay, PayPal, Inc. (“PayPal”), Payoneer Global, Inc. (“Payoneer”), Temu, and Walmart, 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 total damages and attorneys’ fees awarded in Paragraph 4 through 8 above) or other of Defaulting Defendants’ assets. 10. All monies (up to the total damages and attorneys’ fees awarded in Paragraph 4 through 8 above) currently restrained in Defaulting Defendants’ financial accounts, including monies held by Third-Party Providers such as Amazon, eBay, PayPal, Payoneer, Temu, and Walmart, are hereby released to Plaintiff as partial payment of the above-identified damages, and Third Party Providers, including Amazon, eBay, PayPal, Payoneer, Temu, and Walmart, are ordered to release to Plaintiff the amounts from Defaulting Defendants’ financial accounts within fourteen (14) calendar days of receipt of this Order. 11. 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. 12. In the event that Plaintiff identifies any additional online marketplace accounts or financial accounts owned by Defaulting Defendants, Plaintiff may send notice of any supplemental proceeding, including a citation to discover assets, to Defaulting Defendants by e-mail at the e-mail addresses identified in Exhibit 3 to Verified Amended Complaint and any e-mail addresses provided for Defaulting Defendants by third parties. Case: 1:24-cv-03777 Document #: 53 Filed: 10/15/24 Page 6 of 9 PageID #:1078 7 13. The ten-thousand dollar ($10,000.00) surety bond posted by Plaintiff is hereby released to Plaintiff or its counsel, Bishop Diehl & Lee, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. This is a Default Judgment.”