Attorneys for GlasWeld withdrew their motion to compel Deschutes Manufacturing & Consulting to produce documents, based a sworn declaration from the company’s owner that he does not have anything of interest in the company’s case against Mike Boyle, doing business as Surface Dynamix, and his son Christopher Boyle over alleged patent infringement.
“Neither I nor Deschutes have any documents or things that are responsive to the subpoena served on me on or about August 2, 2013,” writes company owner John Waltosz in the declaration.
“[I] have kept no records of the products I made for the Boyles, but believe I made approximately 15-20 resin injectors and curing lamps for the Boyles,” he continued. “After concluding the word that I did for the Boyles, I scrapped all files, documents and samples of the Surface Dynamix products that I had.”
The company owner also claims he has no documents pertaining to any work he has done for GlasWeld.
“I have also destroyed, scrapped or otherwise disposed of all files, samples and documents related to products I made for GlasWeld, and I have not made any products for GlasWeld in several years,” he claims in court documents.
The judge issued a statement saying she is “denying the motion to compel as moot,” in response.
Judge Ann Aiken also issued a scheduling order, saying initial disclosures should be completed by February 15, 2014.
“The parties shall exchange claim terms and constructions by February 22, 2014,” she writes. “Opening Markman briefs are due March 14, 2014 and responses are due March 28, 2014. The court will schedule a Markman hearing after the completion of the briefing.
“Fact discovery shall be completed by May 16, 2014 and expert discovery shall be completed by July 18, 2014,” she continued in court papers. “Dispositive motions are due August 22, 2014. The court shall set remaining deadlines upon the resolution of dispositive motions.”
The parties have agreed to court-sponsored mediation before a magistrate judge in the U.S. District of Oregon to try to reach a resolution prior to trial.
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.”