Judge Issues New Ruling in GlasWeld-Boyle Case

gavel 2The judge overseeing the GlasWeld-Boyle case in the U.S. District Court of Oregon, Eugene division, has denied Mike Boyle and his son Christopher’s request for an extension of time to file Daubert motions. The judge granted the defendants an extension to respond to GlasWeld’s supplemental memorandum in support of partial summary judgement.

The Boyles had requested leave from the court for additional time to respond to GlasWeld’s motion because they wished to proceed with “Daubert” motions.

The Daubert Standard is used by a trial judge to make a preliminary assessment of whether an expert’s scientific testimony is based on reasoning or methodology that is scientifically valid and can properly be applied to the facts at issue, according to Cornell University Law School.

“Defendants’ motion for leave for extension of time to file Daubert motions is denied, though the court grants defendants an extension to respond to plaintiff’s supplemental memorandum. The court is not inclined to consider a separate Daubert briefing; instead, defendants may present any challenge to plaintiff’s experts in their respond to plaintiff’s supplement memorandum,” according to the judge.

The plaintiff’s supplemental memorandum is “appropriate,” the judge writes in court documents. She said she will consider the pending motion for summary judgement.

Additionally, the judge says she will determine “the appropriate amount of sanctions against defendants in her opinion and order resolving the motion for summary judgment.”

GlasWeld filed the alleged patent infringement lawsuit against Mike Boyle, doing business as Surface Dynamix, 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.

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