Boyle Asks Court to Compel Witness, GlasWeld Refutes Motion to Compel Inspection

Mike Boyle, doing business as Surface Dynamix, has moved that the court compel a former Intellectual Patent Insurance Corp. (IPISC) employee to attend depositions over the alleged patent infringement case. Meanwhile, GlasWeld’s attorney responded to an earlier motion by Mike Boyle, claiming his “motion [to inspect the products in question] is nothing more than an effort to waste time, effort and resources.”

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.

“Defendant Mike Boyle (pro se) prays that this court issue a subpoena, compelling [Sandra] Walker to testify in a deposition regarding the events that transpired during and after her tenure with IPISC as it relates to this case,” Mike Boyle writes.

On March 17, 2011, Mike Boyle alleges he received a letter from Walker “inquiring about possible infringement by the defendant.”

“She was told there were substantial differences between her client’s products and the one claimed in the letter,” Mike Boyle claims.

“On October 15, 2012, 19 months after the initial call to Ms. Walker, the defendant followed up … to confirm there was no further action taken. Walker informed the defendant that the case was no longer active,” Mike Boyle alleges.

Responding to an earlier motion, GlasWeld’s attorney asks the court to deny Mike Boyle’s motion to compel inspection of the products involved in the case. The attorney requested the judge allow inspection to take place during the depositions that will be held following the court’s order on claim construction.

“GlasWeld has provided Mr. Boyle with numerous reasonable opportunities to inspect the products in question,” the company’s attorney writes. “In fact, GlasWeld brought the products to the February 11, 2014 settlement conference at the request of Mike Boyle’s former attorney and made them available for inspection at that time. Rather than inspecting the products when they were made available or otherwise accepting GlasWeld’s offers to make them available again, Mike Boyle has manufactured this motion as the beginning of his ‘Emergency Motion’ campaign, which appears to be part of a strategy to make this lawsuit as needlessly expensive as possible for GlasWeld.

The judge has not issued any new decisions in the case at press time.

To view Mike Boyle’s motion to compel a witness, click here.

The view GlasWeld’s response to Mike Boyle’s motion to compel inspection, click here.