GlasWeld Asks Court to Compel Deschutes Manufacturing to Produce Documents

GlasWeld’s attorneys have filed a motion asking the U.S. District Court of Oregon, Eugene division, to compel Deschutes Manufacturing & Consulting to produce documents in response to a subpoena in the company’s case against Mike Boyle, doing business as Surface Dynamix, and his son Christopher Boyle over alleged patent infringement.

“Deschutes is a manufacturer that produced and may continue to produce products for defendant Mike Boyle, doing business as Surface Dynamix, and Christopher Boyle that have been accused by GlasWeld of infringing the patents-in-suit,” GlasWeld’s attorneys write in court documents.

The company’s attorneys claim Deschutes has “refused to respond to or comply with the subpoena. Indeed, neither Deschutes, John Waltosz (Deschutes’ registered agent, member and manager), or any of their representatives ever produced any documents in response to the subpoena or otherwise contacted GlasWeld counsel regarding the subpoena.

“GlasWeld’s counsel made several attempts to reach Waltosz to discuss the subpoena and the information requested, but was unable to reach him,” GlasWeld’s attorneys claim.

“… In view of Deschutes failure to raise timely objections to GlasWeld’s subpoena, GlasWeld is entitled to Deschutes’ production of all documents in its possession, custody or control that are responsive to the document requests,” the attorneys claim.

Items GlasWeld’s attorneys are requesting include:

—Samples or reproduction of all glass repair products that Deschutes made for or sold to the Boyles.

—All documents reflecting, evidencing or showing the designs, development and manufacturer of glass repair products by Deschutes made for or sold to the Boyles.

—Documents related to Deschutes’ sales, revenue, costs, profits and quantity of products that are named in the alleged patent infringement lawsuit.

—Documents related to communications between Deschutes and the Boyles or anyone at Surface Dynamix regarding the products named in the lawsuit, as well as customer lists.

—Documents relating to the design of GlasWeld products.

—Documents “reasonably calculated to lead to admissible evidence relating to issues in this lawsuit, including Deschutes and/or Waltosz’s communications with the Boyles, others at Surface Dynamix and GlasWeld or its counsel regarding this lawsuit, patents-in-suit” and the products involved.

At press time, the judge had not ruled on the motion.

GlasWeld filed the alleged patent infringement lawsuit against Mike Boyle, doing business as Surface Dynamix, in late 2012. The company later added Christopher Boyle as a defendant in the lawsuit.

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.”