Actually it is quite a big deal as the amended complaint was filed on 2-26-15, and Live Watch responded to that complaint with the Motion to Dismiss For Lack of Patentable Subject Matter on 3-16-15 and again with an Amended Motion on 4-13-15 citing what I believe to be an antiquated tech patent.
If they truly believed that defense had any merit, they wouldn't have asked for a continuance. Sorry, but that's how the legal system works. I'm defending a friend's company against the Illuminating Company and the day before trial opposing counsel filed a Motion to Continue "for additional time to adequately prepare for trial." It's standard practice for opposing litigants to request additional time to negotiate a settlement. It happens every day.
The docket report from the date of filing the amended complaint is below for anyone that would care to look it over...
02/26/2015 32 AMENDED COMPLAINT with Jury Demand against Live Watch Security, LLC, filed by Eyetalk365, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Daniels, Steven) (Entered: 02/26/2015)
03/16/2015 33 Defendant's ANSWER to 32 Amended Complaint , COUNTERCLAIM against Eyetalk365, LLC by Live Watch Security, LLC.(Thies, Margaret) (Entered: 03/16/2015)
03/16/2015 34 MOTION to Dismiss For Lack of Patentable Subject Matter Under 35 U.S.C. 101 by Live Watch Security, LLC. Responses due by 4/2/2015 (Thies, Margaret) (Entered: 03/16/2015)
03/16/2015 35 MEMORANDUM in Support re 34 MOTION to Dismiss For Lack of Patentable Subject Matter Under 35 U.S.C. 101 by Live Watch Security, LLC. (Attachments: # 1 Exhibit Yahoo Finance Statement, # 2 Exhibit Form 10-Q 9-20-2011, # 3 Exhibit Form 10-Q 6-30-2014, # 4 Exhibit Form 10-Q 3-31-2014)(Thies, Margaret) (Entered: 03/16/2015)
03/19/2015 36 MOTION for Leave to Appear Pro Hac Vice as to Gary R. Sorden Filing fee $ 276, receipt number 0419-2593275. by Eyetalk365, LLC. (Boggs, David). Motions referred to David Keesler. (Entered: 03/19/2015)
03/19/2015 37 ORDER granting 36 Motion for Leave to Appear Pro Hac Vice added Gary R. Sorden for Eyetalk365. Signed by Magistrate Judge David Keesler on 03/19/2015. (jlk) (Entered: 03/19/2015)
03/19/2015 Notice to Gary R. Sorden: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 3/30/2015. (jlk) (Entered: 03/19/2015)
03/23/2015 38 MOTION to Withdraw as Attorney as to Steven R. Daniels by Eyetalk365, LLC. (Attachments: # 1 Proposed Order)(Daniels, Steven). Motions referred to David Keesler. (Entered: 03/23/2015)
03/24/2015 39 ORDER granting 38 Motion to Withdraw as Attorney. Attorney Steven Robert Daniels terminated. Signed by Magistrate Judge David Keesler on 3/24/2015. (tmg) (Entered: 03/24/2015)
04/02/2015 40 Counterclaim Defendant's ANSWER to 33 Answer to Amended Complaint, Counterclaim by Eyetalk365, LLC.(Sorden, Gary) (Entered: 04/02/2015)
04/02/2015 41 RESPONSE in Opposition re 35 Memorandum in Support of Motion, For Judgment on the Pleadings by Eyetalk365, LLC. (Attachments: # 1 Affidavit Sorden Declaration, # 2 Exhibit A)(Sorden, Gary) (Entered: 04/02/2015)
04/13/2015 42 REPLY to Response to Motion re 34 MOTION to Dismiss For Lack of Patentable Subject Matter Under 35 U.S.C. 101 by Live Watch Security, LLC. (Thies, Margaret) (Entered: 04/13/2015)
04/13/2015 43 REPLY to Response to Motion re 34 MOTION to Dismiss For Lack of Patentable Subject Matter Under 35 U.S.C. 101 CORRECTED AND RE-FILED TO INCLUDE EXHIBIT by Live Watch Security, LLC. (Attachments: # 1 Exhibit Patent No. 3,480,727)(Thies, Margaret) (Entered: 04/13/2015)
05/05/2015 44 Consent MOTION for Extension of Time re Certain Patent Contention/Case Deadlines by Live Watch Security, LLC. Responses due by 5/22/2015 (Attachments: # 1 Proposed Order)(Sidbury, Benjamin). Motions referred to David Keesler. (Entered: 05/05/2015)
05/06/2015 45 ORDER granting 44 Motion for Extension of Time re Certain Patent Contention/Case Deadlines. Signed by Magistrate Judge David Keesler on 5/6/2015. (eef) (Entered: 05/06/2015)
