GlasWeld, Boyles Seek Extension from Court; Debate Depositions

GlasWeld, Mike Boyle (doing business as Surface Dynamix), and Boyle’s son, Christopher Boyle, have asked the court to extend the deadline for limited discovery and set deadlines for the service and rebuttal of expert reports in the alleged patent infringement case pending in Oregon. GlasWeld also has requested that the court stay any further motions until the end of discovery; however, the Boyles disagreed. Meanwhile, Mike Boyle has filed his supplemental response to GlasWeld’s interrogatories as ordered by the court. Additionally, GlasWeld has filed a discovery report outlining the disputes between the parties about who might be deposed.

“[Since the court order was received] the parties have worked in good faith to comply … including submitting alternative dispute resolution reports and exchanging a draft of a joint discovery report relating to which depositions may properly be taken. The parties have also been meeting and conferring on expert discovery deadlines in view of the parties’ previous agreement to stay expert discovery pending the court’s claim construction order,” according to court documents.

“However, the parties have been unable to schedule depositions within the timeframe given by the court’s order due to scheduling conflicts,” the attorneys write. “[A]ccordingly, the parties have agreed that the party bearing the burden of proof on an issue shall serve its expert report on that issue on December 12, 2014. Rebuttal reports are to be served by January 9, 2014.”

The parties also agreed that GlasWeld will respond to the pending motions from Mike Boyle and will finalize their joint discovery report.

The Boyles disagreed with GlasWeld’s request to halt filing other new motions before the resolution of the depositions in mid-January.

Mike Boyle also filed his response to GlasWeld’s interrogatories.

“For the forgoing reasons defendants do not infringe patent 180 or 372. A person ‘infringes’ on a patent by practicing each element of an independent patent claim. None of the accused infringing products infringe either literally or under the doctrine of equivalents,” Boyle writes in court documents.

In GlasWeld’s discovery report related to depositions, the company outlines some ongoing correspondence between the company and Mike Boyle regarding a list of possible deponents for the case. The company alleges that it sent Boyle a draft of the discovery report on November 24, and that on December 17 Boyle returned the report, and that he has “continued to add and remove deponents making it impossible for the parties to finalize a schedule.”

Meanwhile, the company notes that the parties have agreed that Randy Mackey, Justin Price, Michael Boyle and Christopher Boyle should all be deposed. However, several other names are being debated; among these are GlasWeld president Thomas Spoo and Shiloh Spoo, an officer of GlasWeld.

To read Mike Boyle’s response to GlasWeld’s interrogatories, click here.

To read the motion for an extension, click here.

To read GlasWeld’s discovery report, click here.

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