Judge Ann Aiken has stayed GlasWeld’s motion 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. In her brief decision issued Monday, the judge also referred the case to Magistrate Judge Thomas Coffin for mediation and settlement.
The court issued an order “staying plaintiff’s motion to compel until service of the motion is made upon the third party from who documents are sought,” according to court documents. “Plaintiff’s certificate of service does not indicate that service was effectuated on the third party.”
GlasWeld’s attorneys claimed Deschutes “refused to respond to or comply with the subpoena. 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.”
“Further after review of the parties alternate dispute resolution report, this case is referred to Magistrate Judge Thomas Coffin for mediation/settlement,” the judge orders.
The parties had requested mediation before Judge Coffin for “geographical and cost-efficiency reasons.”
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.”
