I am in a an agreement with a very major corp. that is not fulfilling their end of the agreement. Can I sue for full value?
Atlanta, GA
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Posted 4 months ago in Contracts / Agreements
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I signed a 10 year contract with a major corporation approx. 4 years ago. I liscensed a patent to them, but they dragged their feet getting it to the market and then ignored my input totally. Now they are not responding at all. Can I sue them for the amount that they owe me to this point($40,000), or could I go for the entire contract minimum amount ($100,000)due to their lack of effort. I feel that they were negligent in their duties and now have missed military contracts etc...
Answers (2)Pamela Koslyn
This attorney is licensed in California.
Posted 4 months ago.
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You need to have your contract reviewed by a qualfied patent/business lawyer, perhaps by the lawyer that negotiated this contract for you in the first place, to determine the scope of your rights. Your contract may have required the corporation to bring the product to market within a prescribed time and to give you input, or not, and there may be other terms that were breached.
Your rights for damages for breach of this contract, to be paid the "minimum amount," or possibly to rescind (cancel) the contract for lack of consideration or on some other theory to get your patent rights back, are all dependent on the contract. Likewise, your dispute resolution options - do you have to give them 30 days to cure? do you have to arbitrate? -- will be determined by the contract itself. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Glenn M. Lyon
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