Christopher Boyle has asked the U.S. District Court of Oregon to reset the scheduling order in the alleged patent infringement case GlasWeld has filed against him and his father Mike Boyle, doing business as Surface Dynamix. In response, GlasWeld attorneys filed a notice with the court that they intend to oppose the rescheduling motion.
“Defendant Christopher Boyle moves the court for an order superseding the scheduling order of March 26, 2013 and resetting the dates therein,” Christopher Boyle writes in court documents. He is representing himself.
“This rescheduling is essential to permit him to properly investigate the claims against him, to have comparable opportunity to conduct discovery of the other parties and to fully develop and fairly present his defenses in this action,” Christopher Boyle claims.
“On July 24, 2013, one week before the originally-scheduled deadline to join parties and amend pleadings, plaintiff GlasWeld filed its first-amended complaint, adding claims against the moving defendant Christopher Boyle,” Christopher Boyle writes in court documents. “By waiting until that late date, after the originally-scheduled markman briefing period and after the pre-first-amended complaint parties had decided to waive markman, plaintiff attempts to deprive Christopher Boyle of the opportunity to engage in claims construction and market discovery and briefing, even though plaintiff itself admits that ‘[a] court’s claim construction can have a profound, if not dispositive effect on a patent infringement case.’”
In response, GlasWeld’s attorneys claim, “Through counsel, plaintiff GlasWeld Systems notified Christopher Boyle that GlasWeld opposed the [rescheduling] motion before it was filed. GlasWeld will timely file a response brief opposing the motion. GlasWeld requests that the court refrain from ruling on the motion until the matter has been fully briefed.”
At press time, the judge had not issued any new decisions.
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 Mike 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.”