The judge overseeing the alleged patent infringement dispute in Oregon’s U.S. District Court, Eugene division, has denied Mike Boyle’s (doing business a Surface Dynamix) motions to compel his prior attorney and for an emergency inspection of the alleged infringing products which are in GlasWeld’s possession. The judge ordered the plaintiff to make the devices “available for inspection at the time of depositions.” Defendants Mike Boyle and his son, Christopher Boyle, have also filed their discovery report with the court. The dispute between the parties about who might be deposed continues.
“Plaintiff demanded that the number of experts listed be reduced,” Mike Boyle writes in the discovery report. “The defendants understanding of the requirement is to list all experts being considered. … There is no obligation to narrow the list to a specific number. The defendants did indicate there would be no more than three expert reports. At no time did the defendant state there would be six expert reports as stated by the plaintiff’s unilateral discovery report.”
Mike Boyle spelled out why he feels at least three expert reports are necessary in his court filing. He also listed the requested deponents and explained his reasoning for each selection.
The defendant also asked the court for a hearing “to make a preliminary assessment of whether a (plaintiff) expert’s scientific testimony is based on reasoning or methodology that is scientifically valid and can properly be applied to the facts at issue.”
GlasWeld had not responded to the Boyles’ discovery report at press time.
The judge has granted the plaintiff’s motion to extend limited discovery, set expert report deadlines and stayed further motion practice.
“The parties shall abide by the deadline set forth in the motion and the court will not consider further motions filed prior to the resolution of depositions in mid-January,” according to the judge’s statement.
To view the Boyles’ discovery report, click here.
To read GlasWeld’s discovery report, click here.
To view GlasWeld’s motion for an extension, click here.