“This action having been commenced by Plaintiff Xiaoling Che (“Plaintiff”) against the Defendants identified on Schedule A attached hereto, and Online Marketplace Accounts identified on Schedule A (collectively, the “Defendant Internet Stores”), and Plaintiff having moved for entry of Default Judgment against the defendant which has not yet been dismissed from this case, identified on the updated Schedule A attached hereto (“Defaulting Defendant”); Plaintiff having properly completed service of process on the Defaulting Defendant, the combination of providing notice via electronic publication and e-mail, along with any notice that Defaulting Defendant received from online marketplaces and payment processors, being notice reasonably calculated under all circumstances to apprise Defaulting Defendant of the pendency of the action and affording it the opportunity to answer and present their objections; and the Defaulting Defendant not 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-11511 Document #: 43 Filed: 03/14/25 Page 1 of 7 PageID #:456 2 This Court finds that it has personal jurisdiction over Defaulting Defendant because Defaulting Defendant directly targets their business activities toward consumers in the United States, including Illinois. Specifically, Plaintiff has provided a basis to conclude that Defaulting Defendant has 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 using designs that infringe upon Plaintiff’s rights in U.S. Design Patent No. D1,030,900 (“the ‘900 Patent) to residents of Illinois. In this case, Plaintiff has presented links to the Defaulting Defendant’s e-commerce store and the infringing products sold by the Defaulting Defendant showing that the Defaulting Defendant 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 the ‘900 Patent. See Schedule A to the Complaint [5-1] which includes links and product ID numbers for the subject storefronts and infringing products; see also Exhibit 2 to the Complaint [5-3] and [5-4] claim charts outlining infringement. This Court further finds that Defaulting Defendant is liable for willful patent infringement (Claim I). Accordingly, this Court orders that Plaintiff’s Motion for Entry of Final Default Judgment is GRANTED as follows, that Defaulting Defendant is deemed in default, and that this Default Judgment is entered against the Defaulting Defendant. This Court further orders that: 1. Defaulting Defendant, its 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: Case: 1:24-cv-11511 Document #: 43 Filed: 03/14/25 Page 2 of 7 PageID #:457 3 a. using the design claimed in the ‘900 Patent or any reproductions, counterfeit 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 a genuine Plaintiff product or not authorized by Plaintiff to be sold in connection with the design of the ’900 Patent; b. 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 produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for use of the design claimed in the ’900 Patent; c. committing any acts calculated to cause consumers to believe that Defaulting Defendant’s 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 the ’900 Patent; and d. 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 incorporate the design claimed in the ’900 Patent, or any reproductions, counterfeit copies or colorable imitations thereof. e. Defaulting Defendant and any third party with actual notice of this Order who is providing services for the Defaulting Defendant, or in connection with any of the Defaulting Defendant’s Online Marketplaces, including, without limitation, any online marketplace platforms such as Amazon.com, Inc. (“Amazon”), (collectively, the “Third-Party Providers”), shall within seven (7) calendar days of receipt of this Order cease: Case: 1:24-cv-11511 Document #: 43 Filed: 03/14/25 Page 3 of 7 PageID #:458 4 i. 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 Defendant could continue to sell goods using designs that infringe upon the ’900 Patent; and ii. operating and/or hosting webpages that are involved with the distribution, marketing, advertising, offering for sale, or sale of any product bearing the design of the ’900 Patent or any reproductions, counterfeit copies or colorable imitations thereof that is not a genuine Plaintiff product or not authorized by Plaintiff to utilize the design of the ’900 Patent. 2. Upon Plaintiff’s request, those with notice of this Order, including the Third-Party Providers as defined in Paragraph 1, shall within seven (7) calendar days after receipt of such notice, disable and cease displaying any advertisements used by or associated with Defaulting Defendant in connection with the sale of infringing goods using design claimed in the ’900 Patent. 3. Pursuant to 35 U.S.C. § 289, Plaintiff is awarded damages equal to Defaulting Defendant’s Profits equal to $5,619.02. 4. 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 $10,993.65 in attorney’s fees is reasonable and therefore awards Plaintiff $10,993.65 in attorney’s fees from the Defaulting Defendant. 5. The total amount awarded to Plaintiff from the Defaulting Defendant is listed in the table below: Case: 1:24-cv-11511 Document #: 43 Filed: 03/14/25 Page 4 of 7 PageID #:459 5 Def. # Merchant Alias Damages 3 SZ YMT trade Co., LTD $16,612.67 6. Any Third-Party Providers holding funds for Defaulting Defendants, including Amazon, PayPal, Inc. (“PayPal”), and Payoneer Global, Inc. (“Payoneer”), shall, within seven (7) calendar days of receipt of this Order, permanently restrain and enjoin any accounts connected to Defaulting Defendant or the Defendant Internet Stores from transferring or disposing of any funds (up to the total damages awarded in Paragraphs 3 through 5 above) or other of Defaulting Defendant’s assets. 7. All monies (up to the total damages and attorney’s fees awarded in Paragraphs 4 through 9 above) currently restrained in Defaulting Defendant’s financial accounts, including monies held by Third-Party Providers such as Amazon, PayPal, Inc. (“PayPal”), and Payoneer Global, Inc. (“Payoneer”), are hereby released to Plaintiff as partial payment of the above-identified damages and fees, and Third-Party Providers, including Amazon, PayPal, Inc. (“PayPal”), and Payoneer Global, Inc. (“Payoneer”), 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, Plaintiffshall have the ongoing authority to commence supplemental proceedings under Federal Rule of Civil Procedure 69. 9. In the event that Plaintiff identifies any additional online marketplace accounts or financial accounts owned by Defaulting Defendant, Plaintiff may send notice of any supplemental proceeding, including a citation to discover assets, to Defaulting Defendant by e-mail at the e-mail addresses identified in Exhibit A to the December 30, 2024, Declaration of Brockton D. Ash [24-1] and any email addresses provided for Defaulting Defendant by third parties. Case: 1:24-cv-11511 Document #: 43 Filed: 03/14/25 Page 5 of 7 PageID #:460 6 10. The ten-thousand-dollar ($10,000.00) surety bond posted by Plaintiff in connection with the temporary restraining order entered in this case [20] is hereby released to Plaintiff or its counsel Bishop & Diehl, Ltd. The Clerk of the Court is Direct to return the surety bond previously deposited with the Clerk of the Court to Plaintiff or Plaintiff’s Counsel. 11. Pursuant to Fed. R. Civ. P. 62, this Final Default Judgment shall be immediately enforceable against the Defaulting Defendant. Enter: 24-cv-11511 This is a Default Judgment.”