A judge for the U.S. District Court in Oregon has denied GlasWeld’s motion for default judgment in the alleged patent infringement lawsuit against Mike Boyle, doing business as Surface Dynamix, and his son, Christopher. The judge, however, ordered sanctions against the Boyles in the form of attorney’s fees. The court also denied the Boyles’ motion to dismiss.
“The lengthy and convoluted procedural history of this case and the parties’ disputes are well-documented by plaintiff’s filings and the docket of record,” according to court documents.
“[T]he fact remains that defendants failed to comply with the court’s order of April 28 after being warned of sanctions for non-compliance, and Mike Boyle submitted untruthful information in response to the court’s inquiries. Defendants also continue to communicate with plaintiff’s counsel in an unprofessional manner, which includes sarcasm, insults and name-calling. These actions warrant the imposition of sanctions against defendants.
“Specifically, defendants shall pay plaintiff’s attorney fees incurred in attempting to obtain defendants’ expert reports from April 6, 2015 through May 4, 2015,” according to court documents. “Further, defendants shall pay plaintiff’s attorney fees incurred in moving for default judgment and for continuance of depositions.”
In response to the Boyles’ motion to dismiss for plaintiff’s alleged failure to comply with their discovery requests, the judge says the motion is “without merit.”
The Boyles’ alleged that GlasWeld failed to provide “expert analysis” for its damages calculations.
“However, plaintiff is not required to do so,” according to the judge. “If at trial, defendants believe that plaintiff’s damages analysis requires expert opinion or is unsupported by the documents, they can make that argument. For the purposes of discovery, plaintiff has provided the information requested by defendants.”
The judge has asked GlasWeld to submit an affidavit of fees and supporting documentation within 21 days regarding the sanctions imposed upon the defendants.
The parties are expected to move forward with depositions at the Eugene, Ore., Federal Courthouse.
“The parties may also choose to forego depositions and proceed with supplemental briefing on plaintiff’s pending motion for partial summary judgment,” according to the judge.
“Defendants are advised that the failure to comply with this order or any future order shall result in an order to show cause by default judgment should not be entered against them,” according to court documents.