Glas-Weld filed a request in U.S. District Court January 30 to dismiss the well-known, multi-year case against a former employee it accused of patent infringement.
Filed in the Eugene Division of Oregon’s U.S. District, the motion calls for a dismissal of all claims against Christopher and Michael Boyle by Glas-Weld, according to court documents.
Glas-Weld filed a patent infringement suit against Mike Boyle, doing business as Surface Dynamix in 2013. Glas-Weld alleged “ … that after [Michael and Christopher Boyle’s termination from Glas-Weld in 2009] the Boyles formed Surface Dynamix, and on or about December 1, 2010, began unlawfully marketing, advertising and selling products that infringe one or more of the claims recited in the plaintiff’s patents,” according to court documents.
Mike Boyle’s son, Christopher, was later added as a defendant in the case.
Glas-Weld had contended that “ … the Boyles, through Surface Dynamix and/or Smart Glass Repair, continue to unlawfully use plaintiff’s customer lists and other proprietary information to sell or attempt to sell, infringing products to plaintiff’s customers, thereby introducing unauthorized ‘knockoff’ products and decreasing the plaintiff’s market share,” according to a ruling written by Judge Ann Aiken.
Boyle has denied all allegations and argued, “Defendant has not infringed upon plaintiffs’ alleged patents and defendant has not participated in unfair business practices nor used any customer list illegally. The defendant requests that this complaint be dismissed with prejudice,” according to the complaint.”
The case became a protracted court battle, as each side attempted to disqualify the other. However, the recent discharge of Mike Boyle’s bankruptcy prompted Glas-Weld to call for a dismissal of the case.
“Glas-Weld respectfully requests that the Court enter an order setting the amount of sanctions to be paid by Christopher Boyle, and dismiss all claims in this matter without prejudice,” according to the motion.
In the motion to dismiss, Glas-Weld attorneys pointed out that “On July 30, 2015, the Court granted Glas-Weld’s motion for sanctions against defendants, ordering that “defendants shall pay the attorney fees incurred by plaintiff in seeking to obtain the expert reports during the time period from April 6, 2015 through May 4, 2015; filing the motion for order to show cause and supporting reply; the motion to continue depositions; and the response in opposition to defendants’ emergency motion to dismiss.
“On August 14, 2015, Glas-Weld submitted a declaration attesting that the sum of the applicable fees awarded by the Court were $19,325.50,” Glas-Weld attorneys wrote. “On October 8, 2015, the Court denied Defendants’ Motion for Reconsideration, reiterating that sanctions were awarded against both Defendants. On March 31, 2016 the Court entered an Order holding that it would determine the appropriate amount of the sanctions together with its opinion and order resolving summary judgment. This case was subsequently stayed on September 28, 2016 due to [the] filing of a petition for bankruptcy [by Michael Boyle]. In mid-January (2017), Glas-Weld learned that Michael Boyle’s bankruptcy had been discharged. … ”
Thus, wrote Glas-Weld attorneys, “In view of the discharge of Michael Boyle’s debts … and the fact that Christopher Boyle is not known to be presently making, using, selling or offering for sale of any Accused Products … Glas-Weld respectfully requests that the Court enter an order setting the amount of sanctions to be paid by Christopher Boyle and dismiss all claims at issue in this matter without prejudice.”