Court Grants Plaintiff’s Motion for Expedited Discovery

May 10, 2018 – FenF, LLC had filed a lawsuit against Nydia Pendlene for infringement of its foot therapy technology. On May 8, the court granted plaintiff’s motion for limited expedited discovery before serving its patent infringement complaint to determine the identities of alleged counterfeiters selling the accused products on an online marketplace. Amazon had declined to provide more targeted information about counterfeit sellers to Plaintiff absent a subpoena. As a result, Plaintiff had not been able to serve the Complaint on any of its accused infringers. The Court held that “Plaintiff’s proposed subpoena reasonably seeks information about specific identities, Amazon accounts, and product listings of the sellers of the counterfeit products” so that the case may proceed in an efficient manner.

The patents at issue are U.S. Patent Nos. 8,002,675, entitled “Foot-Therapy and Toe-Aligning Device,” 9,138,616, entitled “Foot-Therapy and Toe Aligning Device,” and 9,387,359, entitled “Foot-Therapy and Toe Aligning Device.” The case is captioned FenF, LLC v. Pendlene, Case No. 2-18-cv-10412, and is pending in the Eastern District of Michigan.

By: Julian G. Pymento