United States Court of Appeals for the Federal Circuit ______________________

ABC CORPORATION I, ABC CORPORATION II, Plaintiffs-Appellees

v.

THE PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE “A”, TOMOLOO OFFICIAL, TOMOLOO INE, TOMOLOO FRANCHISE, TOMOLOO-US, TOMOLOO FLAGSHIP, TOMOLOO TC, TOMOLOO DX, TOMOLOO INT, URBANMAX, GYROOR, FENGCHI- US, GYROOR US, Defendants

GAODESHANGUS, Defendant-Appellant ______________________

2021-2150 ______________________

Appeal from the United States District Court for the Northern District of Illinois in No. 1:20-cv-04806, Judge Thomas M. Durkin.

-------------------------------------------------

ABC CORPORATION I, ABC CORPORATION II, Plaintiffs-Appellees

EBAY, INC., Plaintiff Case: 21-2150 Document: 57 Page: 2 Filed: 10/28/2022

2 ABC CORPORATION I v. PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS

v.

THE PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE “A”, TOMOLOO OFFICIAL, TOMOLOO INE, TOMOLOO FRANCHISE, TOMOLOO-US, TOMOLOO FLAGSHIP, TOMOLOO TC, TOMOLOO DX, TOMOLOO INT, GAODESHANGUS, GYROOR, CARTSTACK, DIDEN WU, HUSNAL- COLLECTIONS, MHESTORE2009, WHOLESALESHOP666, CARRIE_YUX-5, 2013TANKSTRONG001, MIJIASTORE, PAUTA60, SKATEBOARDSTORE2012, SMG-STORE, STRONGJENNIE, CHO POWER SPORTS, SYLUS, XGN, SHAMOLUOTUO, XUEWEIWEIFUZHUANGDIAN, EVERCROSS, XIE SHI, JIANGYOU-US, RUNCHENYUN, TOMOLOO, SHOPCHEAPUNIVERSAL, TOMOLOO-NX, AOXTECH, BETTER TOMOLOO, LISON ET, GYROSHOES, HGSM STOREFRONT, HGSM, Defendants

GYROOR US, URBANMAX, FENGCHI-US, Defendants-Appellants ______________________

2021-2277, 2021-2355 ______________________

Appeals from the United States District Court for the Northern District of Illinois in No. 1:20-cv-04806, Judge Thomas M. Durkin. ______________________

Decided: October 28, 2022 ______________________ Case: 21-2150 Document: 57 Page: 3 Filed: 10/28/2022

ABC CORPORATION I v. 3 PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS

MARK BERKOWITZ, Tarter Krinsky & Drogin LLP, New York, NY, argued for plaintiffs-appellees. Also represented by RICHARD LOMUSCIO. Also represented by Adam G. Kelly, Douglas N. Masters, Neil G. Nandi, Arthur Tan-Chi Yuan, Loeb & Loeb LLP, Chicago, IL (withdrawn).

HE CHENG, Glacier Law LLP, New York, NY, argued for defendants-appellants. Also represented by TIANYU JU, TAO LIU. ______________________

Before DYK, TARANTO, and STOLL, Circuit Judges. TARANTO, Circuit Judge. We address three appeals—filed by GaodeshangUS; by Fengchi-US and Urbanmax together; and by Gyroor-US— from orders entered by the district court in a case brought in 2020 by ABC Corporation I and ABC Corporation II (col- lectively, ABC), in which ABC asserted four design patents against several business entities selling hoverboards online. ABC identified the defendants through a Schedule A, which changed over time, attached to the original and amended complaints. On November 24, 2020, the district court entered a preliminary injunction against the then- named defendants, which included Gyroor-US, though it had not yet been served with process and was not given advance notice under Federal Rule of Civil Procedure 65(a) of the request for a preliminary injunction. Six months later, on May 24, 2021, the district court granted ABC’s motion to amend