Draeger Medical Systems, Inc. v. My Health, Inc.C.A. No. 15-248 SLR, July 1, 2015

Robinson, J. Defendant’s motion to set aside a default judgment and to extend the time to answer in this declaratory judgment action is granted.  Plaintiff’s motion to enter a default is denied as moot.

The disputed technology relates to assisting healthcare providers in remotely monitoring and treating patients. The complaint was served on March 26, 2015. After defendant failed to answer on April 17, the clerk entered  default on April 24.  Defendant’s counsel contacted plaintiff to discuss a license to the patent-in-suit. Defendant’s counsel suffers from infrequent and random neurological flare-ups which leave him with double vision and loss of equilibrium, rendering communication with outside counsel significantly difficult. Defendant’s counsel claims to have no memory of having seen the complaint. The court concludes that the equities weigh in favor of setting aside the entry of default.