Christopher Boyle has joined his father, Mike Boyle (doing business as Surface Dynamix) in responding to GlasWeld’s motion for a default judgment in the alleged patent infringement lawsuit playing out in the Federal Court System in Oregon. GlasWeld, in turn, replied in support of its motion for default judgment. And Mike Boyle then asked the court to bifurcate the trial, or split it into two parts.
“The motion set forth by the plaintiff [for default] is riddled with inaccuracies and outright lies, along with running contrary to multiple statements made by the plaintiffs about the timeliness and efficacy of motions in these proceedings,” Christopher Boyle claims in his reply to GlasWeld’s motion for default judgment.
“Starting with LR7-1(a) Certification to satisfy local rules, the plaintiffs made no good faith efforts to confer with me, defendant Christopher Boyle,” he goes on to claim. “The plaintiffs are of the obvious impression that Mike Boyle and myself are aligned and that Michael Boyle speaks for me. The plaintiffs quickly filed this motion [for default] after receiving a response from Mike Boyle without waiting any reasonable time for a reply from me, Christopher Boyle. Obviously, as this motion is unfounded, my response would have been to object; however, that doesn’t allow the plaintiffs the opportunity to forgo the rules set forth by this court and go beyond ethical boundaries and lie to this court about their actions and the actions of defendants. This alone should be grounds for the court to deny the plaintiffs motion-at-issue and impose some form of sanctions.”
In GlasWeld’s reply in support of a motion for default, the company’s attorneys’ claim, “Since GlasWeld filed the motion on July 24, 2014, more than six weeks have passed. During that time, defendants Mike Boyle and Christopher Boyle have made no effort to address the discovery violations and deficiencies identified in the motion. Their respective oppositions similarly make no effort to address or explain any of the numerous discovery violations and deficiencies. Instead, defendants blame GlasWeld for their own refusal to obey this court’s orders and the Federal Rules of Civil Procedure.”
“[N]either defendant has made a good faith effort to meet their discovery obligations,” the attorneys claim. “And both defendants continue to claim ignorance as to what those obligations are despite the fact that GlasWeld’s motion has set out the same. Accordingly, the court should grant GlasWeld a default judgment as to both defendants.”
Mike Boyle has, in turn, asked the judge to split the legal dispute into two different trials.
“Defendants Mike P. Boyle and Christopher M. Boyle move this honorable court for an order pursuant to Rule 4261 bifurcating the trial of Count VI (unfair competition) from Counts I through VI (patent infringement),” Mike Boyle writes in his latest court filing.
“[T]here can be no doubt that allowing the unfair competition claim to be tried to a jury along with the patent infringement issues, will substantially extend the time, complexity and cost of the trial,” Mike Boyle claims. “There is also the great likelihood of confusing the jury and unfairly prejudicing the defendants who will have to combat even baseless allegations of bad conduct while simultaneously proving that their products are not infringing.”
The judge has not issued any new decisions at press time.
To read a copy of Christopher Boyle’s response to GlasWeld’s motion to default judgment, click here.
To read a copy of GlasWeld’s reply in support of its motion for default judgment, click here.
To read Mike Boyle’s motion to bifurcate, click here.