Mike Boyle (doing business as Surface Dynamic) and his son Christopher have filed a motion to dismiss a portion of the lawsuit filed by GlasWeld over alleged patent infringement. The Boyles say one of the patents at the center of the case expired on April 5, 2016.
“At issue in this motion is patent `180, a patent which until April 5, 2016, was presumed valid and enforceable,” according to court documents. “Currently, the court has made no determination as to the enforceability or validity of the patent. Further, at this time, the court has made no determination with regard to any alleged infringing activity by the Boyles.
“[G]iven that GlasWeld hasn’t provided any evidence of, or allege any financial harm from the claimed infringement of patent`180, and injunctive relief is no longer a viable remedy, it is clear that there is no controversy here and the court has no subject matter jurisdictions,” according to the court documents.
At press time, GlasWeld had not responded to the motion.
GlasWeld filed the alleged patent infringement lawsuit against Mike Boyle in the U.S. District Court of Oregon, Eugene division, in 2012. Mike Boyle’s son, Christopher, was later added as a defendant in the case.
To read the motion by the Boyles, click here.