Judge Gives Mike Boyle’s Counsel Permission to Withdraw

The judge has granted attorney David Madden permission to withdraw as Mike Boyle’s pro bono counsel in the alleged patent infringement lawsuit filed by GlasWeld. “Clearly, irreconcilable conflicts exist between Mike Boyle and David Madden regarding the proper defense in this action,” Judge Ann Aiken of the U.S. District Court in Oregon writes in her decision.

“Upon review of the motion to withdraw and attached declaration—along with additional information provided in camera by Kathryn Pratt, counsel for David Madden—I find more than adequate grounds to support withdrawal,” she writes.

“[T]herefore, David Madden is excused from further appearance or representation in this matter, and the court considers Mike Boyle as pro se litigant,” the judge continues. “As indicated in a previous order, no further requests for pro bono counsel will be made in this case. Additionally, both Mike and Christopher Boyle [Mike’s son] remain bound by the court’s order to comply with outstanding discovery requests by July 2, 2014.”

Aiken also notes that in a prior order she gave Christopher Boyle the “opportunity to retain an expert to rebut plaintiff’s proposed claim construction.”

“Christopher Boyle has not given the court any notice or indication that he intends to do so; therefore, the parties’ proposed claim constructions are under advisement and the court will proceed accordingly,” she writes.

On one other topic, David Madden’s counsel asked the court for permission to contact plaintiff’s (GlasWeld) counsel about a discovery matter “brought to her attention by Mike Boyle. The request is granted.”

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.

To read a copy of the judge’s decision, click here.

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