Mike Boyle, former president at GlasWeld, has filed a response to a suit the company filed against him in December regarding patent infringement. Boyle has requested that the complaint be dismissed with prejudice.
GlasWeld had alleged that Boyle has infringed upon its US Patents No. 5,670,180 ("the 18'0 Patent"), "Laminated Glass and Windshield Repair Device," and No. 6,898,372 ("the '372 Patent"), "Lamp System for Curing Resin in Glass." Boyle was named as an inventor on the '372 patent assigned to GlasWeld.
While Boyle denies infringing on either patent, he also claims "that the Patents 180 and 372 are not valid, in that they are not original and lack novelty." In addition, Boyle alleges that both patents were "obtained fraudulently," though the response does not detail why he is asserting this.
The response further alleges that GlasWeld "cannot claim infringement due to 'unclean hands' in that they obtained patents illegally, violated the provisional patents of others, and obtained information, knowledge and patent fraudulently."
Boyle's response also asserts "patent misuse" by GlasWeld and alleges that the company "has impermissibly broadened the physical or temporal scope of the patent resulting in an anticompetitive effect."
Boyle has requested that the complaint be dismissed with prejudice.