Judge Issues New Decisions in Alleged Patent Infringement Case

Judge Ann Aiken has denied motions by Mike Boyle and Christopher Boyle (Mike’s son) to compel inspection of products and compel a former Intellectual Patent Insurance Corp. (IPISC) employee to attend depositions over the alleged patent infringement case pending the court’s ruling on claim construction. The judge also finds it “reasonable and approves of plaintiff’s (GlasWeld’s) preference to confer with defendants only through written communications.”

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.

This is a “record of order denying defendants’ motions to compel and given the court’s previous stay of plaintiff’s motion for partial summary judgment and any remaining discovery (the court deems necessary) pending the court’s ruling on claim construction,” Judge Aiken of the U.S. District Court of Oregon, Eugene Division, writes in her decision.

The judge also denied defendants’ motion to disqualify Javier Sobrado and his firm, Feldman Gale LLP, as counsel for GlasWeld.

“The court will not consider declarations of counsel for purposes of claim construction, and the issue of disqualification at trial can be addressed at a pretrial conference, if necessary,” according to the judge.

The judge awarded Mike Boyle’s motion for extension of time to respond to GlasWeld’s motion for default, noting that this motion for extension was unopposed.

“Defendants shall file a response by September 2, 2014,” the judge writes.

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