In a response to a motion to dismiss part of the alleged patent infringement case by Mike Boyle (doing business as Surface Dynamic) and his son Christopher, GlasWeld agrees that an injunction cannot be entered on an expired patent, but the company’s attorney says the expiration of the patent does not impact subject matter jurisdiction.
The Boyles filed the motion to dismiss a portion of the lawsuit earlier in April.
“[A] patent infringement lawsuit may be brought up to six years after the expiration of the patent,” says GlasWeld’s attorney. “GlasWeld filed this action years before the `180 patent expired. … Defendants have failed to state any ground which vitiates the court’s subject matter jurisdiction over GlasWeld’s infringement claims under the `180 patent. Instead, defendants argue that injunctive relief is not available, and raise objections to the evidence GlasWeld produced to support its damage.”
The judge has not issued any new decisions on the case at press time.
GlasWeld filed the alleged patent infringement lawsuit against Mike Boyle in the U.S. District Court of Oregon, Eugene division, in 2012. Christopher Boyle was later added as a defendant in the case.
To read the Boyles motion to dismiss part of the alleged patent infringement case, click here.
To read GlasWeld’s response, click here.