Parties Agree to Court Mediation in Alleged Patent Infringement Case

All parties to the most famous industry lawsuit have agreed to try mediation. Representatives from GlasWeld, Mike Boyle (doing business as Surface Dynamix) and Christopher Boyle (Mike’s son), agreed to participate in court-sponsored mediation before a magistrate judge in the U.S. District of Oregon to try to reach a resolution in the alleged patent infringement case during a teleconference late last month.

“The parties discussed, and agreed in principle, to participate in court-sponsored mediation before a magistrate judge in the District of Oregon,” according to court papers. “Later that day, GlasWeld circulated the joint Alternative Dispute Resolution Report (ADR). … Defendant Christopher Boyle replied that he was agreeable to mediating in either Eugene or Portland, Ore., and did not otherwise object to the joint ADR Report.

“GlasWeld received a signed copy [of the report] from defendant Mike Boyle’s counsel, but did not receive a response from defendant Christopher Boyle. As it presently stands, defendant Christopher Boyle has neither objected nor expressly agreed to the joint ADR report, although as stated above, he has otherwise agreed to mediation as set forth in the joint ADR report,” GlasWeld’s attorneys write in the court papers.

In the ADR report, the parties request mediation before Judge Thomas A. Coffin for “geographical and cost-efficiency reasons.”

“The parties tentatively request a mediation date in mid-December or in January, subject to their schedules and the court’s availability,” attorneys write in the report.

Judge Ann Aiken, who is overseeing the case, had strongly urged the parties to mediate in a prior ruling, writing, “I therefore strongly urge the parties to confer and contact the court if they wish assistance in scheduling such mediation, preferably before the parties engage in time-consuming and expensive discovery efforts.”

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.”

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