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UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

1:22-cv-24270-GAYLES 

NINGBO YONGJIA AIDUO AUTO PARTS 

MANU CO. , LTD., 

 

Plaintiff, 

v. 

THE INDIVIDUALS, PARTNERSHIPS AND 

UNINCORPORATED ASSOCIATIONS IDENTIFIED 

ON SCHEDULE “A”, 

Defendants. 

_________________________________________________/ 

 

 

SEALED DECLARATION OF HUMBERTO RUBIO IN SUPPORT OF PLAINTIFF’S 

EX PARTE MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER, 

PRELIMINARY INJUNCTION, AND ORDER RESTRAINING TRANSFER OF ASSETS 

 I, Humberto Rubio, declare and state as follows: 

1. I am over 18 years of age and I have personal knowledge of the facts set forth 

herein. 

2. I am counsel of record for Plaintiff, NINGBO YONGJIA AIDUO AUTO PARTS 

MANU CO., LTD. (“Plaintiff”) and I make this declaration in support of Plaintiff’s Ex Parte 

Motion for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining 

Transfer of Assets (“Motion for TRO”). If called upon to do so, I could and would competently 

testify to the following facts set forth below. 

3. The individuals, partnerships, and unincorporated associations (“Defendants”) 

identified on Schedule “A” of the Complaint conduct their e-commerce business through 

AliExpress, Amazon, ebay, Wish and Walmart among other e-commerce platforms. 

Case 1:22-cv-24270-DPG Document 10-3 Entered on FLSD Docket 01/12/2023 Page 1 of 4
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4. Based upon the data and information collected and provided in connection with 

this action, Defendants’ Internet based e-commerce stores currently ship infringing goods using 

unauthorized copies into the United States, including the Southern District of Florida. 

5. Defendants are promoting, advertising, distributing, selling and/or offering for sale, 

through Seller IDs provided by the e-commerce stores, goods using counterfeit and infringing 

patents and unauthorized reproductions without authorization. Attached hereto as Schedule “B”1

are representative web page captures and order samples from Defendants’ Internet based ecommerce stores operating under the Seller IDs. 

6. Defendants have structured their e-commerce store businesses so that the means for 

customers to purchase Defendants’ infringing goods, at issue, is by placing an order electronically. 

Defendants receive and confirm orders online and rely on electronic means to receive payment. 

7. Defendants obtain their sales proceeds, from the e-commerce platforms, by using 

money transfer, and/or retention processing services with PayPal, Inc., and/or having their sales 

processed using an aggregate escrow account in order to receive monies from the sale of infringing 

goods. 

8. The escrow accounts on these e-commerce platforms are held in various financial 

institutions, including AliExpress, Amazon, Amazon Pay, Alipay, Dhgate, Dhpay, Joom, Wish, 

Wishplay, Ebay and Taobao among others. 

9. Most of the time, Defendants must provide an email address and physical address 

to the third-party platforms through which Defendants operate (such as AliExpress, Amazon, ebay 

and Walmart), however, few Defendants purport to provide any type of a physical address to these 

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 Schedule B consists of web captures and samples of each of the Defendant’s patent infringement. This 

Schedule B has been organized per Defendant for convenience and presentation purposes. A ‘raw’ version is also 

available if need be. 

Case 1:22-cv-24270-DPG Document 10-3 Entered on FLSD Docket 01/12/2023 Page 2 of 4
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third-party platforms much less a valid, accurate, and verifiable physical address. Also, many of 

the Defendants appear to reside in China, neighboring states (and other foreign jurisdictions) and 

some use Chinese characters for their names and addresses. Store operator can input any physical 

address so that it is not verifiable and typically false and or inaccurate. Even where a physical 

address is known, it is not a reliable way to locate and or identifying Defendants. 

10. There are reports that confirm the unreliability of and uncertainty of physical 

addresses. A January 2020 publication on counterfeiting by the Department of Homeland Security 

cites a “lack of relevant policies and procedures to verify sellers’ true names and addresses” by third 

party platforms, which “contributes to a range of impediments to effective enforcement.” 

11. Based upon the data and information collected and provided in connection with 

Defendants’ Internet based e- commerce stores, including the shipping information and payment 

data provided in connection with Defendants’ Seller IDs, Plaintiff has good cause to suspect 

Defendants are all residing and/or operating outside of the United States and/or redistribute 

products from sources outside of the Unites States. 

12. Defendants have complete control of their e-commerce stores, at issue. If notice of 

this action and or this proceeding, Defendants can modify the ownership of the e-commerce store, 

data, content, payment accounts, redirect consumers to other seller identification names, and 

transfer assets to other seller identification numbers. 

13. Absent the granting of Plaintiff’s Motion for TRO, without notice, Defendants can 

and will likely alter the status quo before the Court can determine the parties’ respective rights. 

Particularly because Defendants can transfer, conceal and dissipate assets or modify e-commerce 

data within minutes after obtaining notice of this action. Such result would also frustrate the 

Court’s ability to grant meaningful relief. 

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14. Undersigned counsel has not yet provided notice of the present action to 

Defendants. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. 

Executed on this 12th day of January, 2023. 

/s/ Humberto Rubio 

Humberto Rubio, Jr., Esq. 

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