StrikeForce Technologies, Inc. v. PhoneFactor, Inc., et al.C.A. No. 13-490 RGA-MPT, May 26, 2015

Thynge, C.M. J. Magistrate recommends that plaintiff’s motion to amend its complaint to add infringement claims against non-party Microsoft be denied.

Plaintiff sought to join Microsoft in November, 2014, which it accuses of infringing through its Azure product, with this action filed in March 2013.  Plaintiff contends that defendant PhoneFactor was acquired by MicroSoft and may no longer exist independently. The court finds that plaintiff does not adequately explain its delay in seeking to join Microsoft as a defendant.  The court also substantially agrees with defendant’s argument regarding the disruption of the current schedule as a reason to deny plaintiff’s motion. Plaintiff acknowledges its ability to bring a separate action against Microsoft.  Consequently, plaintiff’s motion should be denied  as prejudicial to defendant.