Eyetalk365, LLC v. Zmodo Technology Corporation Limited

Filing 42

ORDER denying as moot 40 Motion to Stay; denying without prejudice 13 Motion to Dismiss for Failure to State a Claim; denying without prejudice 19 Motion for Partial Summary Judgment; denying without prejudice 26 Motion to Dismiss. Signed by Chief Judge Frank D. Whitney on 5/11/17. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00789-FDW-DCK
EYETALK365, LLC,

)
)
Plaintiff,
)
)
vs.
)
)
ZMODO
TECHNOLOGY )
CORPORATION LIMITED,
)
)
Defendant.
)
)

ORDER

This matter is before the Court on several motions: (1) Defendant’s Motion to Dismiss for
Failure to State a Claim (Doc. No. 13); (2) Defendant’s Motion For Partial Summary Judgment of
Invalidity of Patent (Doc. No. 19); (3) Plaintiff’s Motion to Dismiss Affirmative Defenses (Doc.
No. 26); and (4) Defendant’s Motion to Stay Proceedings (Doc. No. 40).
The Court has reviewed the pleadings and applicable law related to the parties’ motions to
dismiss. The Court finds dismissal of Plaintiff’s claims and several of Defendant’s affirmative
defenses would be premature at this stage. The Court therefore DENIES WITHOUT PREJUDICE
Defendant’s Motion to Dismiss (Doc. No. 13) and Plaintiff’s Motion to Dismiss (Doc. No. 26).
The parties may reassert their arguments in a motion for summary judgment if they so choose.
Turning to Defendant’s Motion for Partial Summary Judgment, the Court will also DENY
WITHOUT PREJUDICE that motion. After reviewing the pleadings and applicable law, the Court
finds that it would benefit from a more fully-developed record. Accordingly, Defendant may refile
the motion following claim construction and discovery, and that any such renewed motion shall
be filed no later than the deadline the Court will set for dispositive motions following claim
construction.

Finally, as a result of the rulings contained herein, the Court DENIES AS MOOT
Defendant’s Motion to Stay (Doc. No. 40).
IT IS THEREFORE ORDERED that the parties’ motions to dismiss (Docs. Nos. 13, 26)
are DENIED WITHOUT PREJUDICE, Defendant’s Motion for Partial Summary Judgment (Doc.
No. 19) is DENIED WITHOUT PREJUDICE, and Defendant’s Motion to Stay (Doc. No. 40) is
DENIED AS MOOT.
IT IS SO ORDERED.
Signed: May 11, 2017