Months after Next Reality broke the story surrounding the financial troubles at Meta Company, there's a new update in the company's ongoing patent lawsuit.
On Thursday, Genedics, the plaintiff in the case, filed a new motion with the court requesting a "default judgment and permanent injunctive relief" against Meta Company.
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"Meta was ordered to have counsel make an appearance on its behalf by January 24, 2019, to defend this action but failed to do so," reads part of the filing from David W. deBruin, the attorney representing Genedics in the case.
"Genedics now requests that the Court enter the attached proposed Order regarding entry of default judgment and issuance of a permanent injunction against Meta for failing to defend this case in good faith."
But instead of keeping things limited to dry legal language, the Genedics filing goes on to cite its reasoning for its request with somewhat colorful language.
"Meta asserted that the company had 'sold all of its assets to a third party' and was 'insolvent.' However, just two days later Meta issued a directly contradictory public-facing press release on January 11, 2019, indicating that 'the company remains in full operation and continues to develop, sell and support its products working with a team of engineers and product specialists,' deBruin writes, later in the filing.
"Meta offered a similar bait and switch move in its most recent statement to the Court on February 10, 2019, in which Meta indicated that it 'was unable to retain counsel' because of its financial condition while at the same time participating in an industry event promoting the very products that are alleged to infringe. The disingenuous statements made to the Court by Meta underscores Genedics' belief that Meta is trying to pull the wool over the Court's eyes and is not approaching their defense of this case in good faith. This overt and calculated duplicity is why Genedics' believes that the requested relief is entirely appropriate."
When raising the point about Meta Company's appearance at a recent conference, the attorney references a report (including screenshots) published by Next Reality in March in which Solidworks World attendees are shown using the Meta 2 headset.
"Meta cannot speak with a forked tongue and have it both ways," writes deBruin. "It cannot willfully violate the Court's order to defend this action because it allegedly does not have adequate resources, while at the same time devoting ample resources to promoting the very infringing products that are at the heart of this lawsuit."
"Bait and switch move," "pull the wool over the Court's eyes," "disingenuous statements," "calculated duplicity," and "speak with a forked tongue," none of those charged allegations sound like the language of a plaintiff ready to simply let the case fade into obscurity without a resolution.
"Genedics seeks a permanent injunction to prevent Meta, its officers (including Meron Gribetz, Meta's Chief Executive Officer and Founder), agents, servants, employees, and all others in active concert or participation with any of them from further acts of infringement of the Patents-in-Suit," the filing states.
So far, the new owners of Meta Company's assets, have yet to weigh in on the dispute. And it's unclear as to how this unsettled lawsuit would affect any future exploitation of those newly acquired assets.
As it stands, the legal ball appears to be, once again, back on Meta Company's and Gribetz's side of the court. That is, until the judge weighs in, at which point, the future of the case may get resolved once and for all.