Michael Boyle claims his son, Christopher Boyle, has no ownership in Surface Dynamix, denies allegations over alleged patent infringement and asks the U.S. District Court of Oregon to dismiss GlasWeld’s amended complaint. Michael Boyle filed his response this week after Judge Ann Aiken ruled that GlasWeld could amend its original complaint to add Michael’s son.
In his response, Michael Boyle writes, “Defendant denies the allegations in paragraph 1 of the complaint. Furthermore, Christopher Boyle has no ownership in Surface Dynamix.”
He denies all allegations and argues, “Defendant has not infringed upon plaintiffs’ alleged patents and defendant has not participated in unfair business practices nor used any customer list illegally. The defendant requests that this complaint be dismissed with prejudice.”
In her ruling allowing GlasWeld to amend its complaint, Aiken writes, “… The plaintiff alleges that after [Michael and Christopher Boyle’s termination from GlasWeld in 2009] the Boyle’s formed Surface Dynamix, and on or about December 1, 2010, began unlawfully marketing, advertising and selling products that infringe one or more of the claims recited in the plaintiff’s patents.”
The patents referenced in the complaint are U.S. patent No. 5,670,180 (`180 patent), “Laminated Glass and Windshield Repair Device,” and U.S. patent No. 6,898,372 (`372), “Lamp System for Curing Resin in Glass,” issued to GlasWeld in September 1997 and May 2005, respectively. While Boyle was named as an inventor on the `372 patent, GlasWeld officials allege that he assigned all of his rights of ownership to the company and “has no right to practice the technology claimed in the `372 patent.”
The judge had not issued any new rulings at press time.