In her latest decision, Judge Ann Aiken says Mike Boyle’s motion to bifurcate, or split the alleged patent infringement trial into two parts, is “premature,” but she gave leave for him to renew the motion at a later date.
“As the court ruled in its order denying Christopher Boyle (Mike Boyle’s son) motion to server, the court will consider bifurcation of plaintiff’s unfair competition claim at trial, such that the patent claims and unfair competition claim would be presented separately to the jury,” the judge writes in her decision.
“Given that the court currently is considering the parties’ proposed claim construction and plaintiff’s motion for default judgment, defendants’ motion to bifurcate is premature and will not be considered prior to a pretrial conference in this case,” she adds.
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.