Judge Denies GlasWeld’s Motion to Make Ex Parte Communication Public or for Attorneys’ Eyes

GlasWeld’s attorney has asked the court to make public or for “attorneys’ eyes only” certain communications Mike Boyle has had with the court regarding the withdrawal of his counsel in the alleged patent infringement case and the judge has denied the request.

“Counsel for GlasWeld Systems has learned of instances of ex parte communications among defendant Mike Boyle, Boyle’s attorney, Madden’s apparent attorney and the court,” GlasWeld’s attorney writes in the court document. “Most recently, on June 25, 2014, Boyle indicated that he had requested an ‘in camera conference’ with the court. At that time, GlasWeld’s counsel requested that Boyle cease ex parte communications with the court. Boyle refused and suggested that GlasWeld should ‘tell it to the judge.’”

“GlasWeld respectfully moves the court make public certain ex parte, in camera, communications by Boyle, Madden and or Pratt (Madden’s attorney),” the attorney continued. “In the alternative, GlasWeld moves that the court make such communications available to GlasWeld’s counsel as ‘attorneys’ eyes only.’”

Issuing her decision, Judge Ann Aiken for the U.S. District Court of Oregon, Eugene division, writes, “Record of order denying plaintiff’s motion to make public or make available certain ex parte, in camera, communications. Such communications involved Madden’s pro bono representation of Mike Boyle and conflicts that arose between them. The nature of Madden and Boyle’s conflicts led to the representation of Madden by Pratt, representation that is wholly unrelated to the substantive issues before the court in this case.

“[T]he court is not aware of any further communication submitted in camera by Boyle since issuance of the order on June 24, 2014. Boyle is instructed to cease further ex parte communication with the court, except for scheduling or administrative matters,” she continued.

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

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