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Contracts
Breach of Contract
Royalties

Hinrichs & Associates, Pentagram Design Inc. v. Beats Electronics, LLC; Andre Young p/k/a Dr. Dre, an individual; Jimmy Iovine, an individual; Steven Lamar, an individual; Jibe Audio, LLC; and Does 1 through 30, inclusive

Published: Mar. 8, 2019 | Result Date: Jun. 27, 2018 |

Case number: BC533089 Verdict –  $25,247,350

Judge

David S. Cunningham III

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Davida P. Brook
(Susman Godfrey LLP)

Chanler A. Langham
(Susman Godfrey LLP)

Brian D. Melton
(Susman Godfrey LLP)

Stephen E. Morrissey
(Susman Godfrey LLP)

Steven M. Seigel
(Susman Godfrey LLP)


Defendant

Arturo J. Gonzalez
(Morrison & Foerster LLP)

Bita Rahebi
(Morrison & Foerster LLP)

Wendy J. Ray
(Morrison & Foerster LLP)

Andrew C. Stanley
(Morrison & Foerster LLP)

David M. Walsh
(Morrison & Foerster LLP)

Christopher J. Wiener
(Morrison & Foerster LLP)


Facts

Pentagram Design Inc. and its successor-in-interest, Hinrichs & Associates, a design firm that was assigned Pentagram's rights, sued Steven Lamar, Jibe Audio, Beats Electronics LLC, Dr. Dre and Jimmy Iovine, for declaratory relief as to whether additional royalties were owed under a contract relating to Beats headphones.

Lamar filed a cross complaint for breach of contract against Beats Electronics, lovine and Dr. Dre and for breach of fiduciary duty and tortious interference with contract against Robert Brunner and Ammunition.

Contentions

PLAINTIFF'S CONTENTIONS: Lamar contended that Iovine, Dr. Dre and Beats Electronics breached the terms of a prior settlement agreement where they agreed to pay Lamar royalties on Beats headphones. Lamar contended that Beats' subsequent headphone models were covered by the royalty agreement.

DEFENDANTS' CONTENTIONS: Defendants contended that the deal only covered for one product and Lamar was already paid for that product.

Damages

Plaintiff asked the jury to award $120 million in past due royalties for 12 headphones products.

Result

Pentagram, Hinrichs & Associates, Lamar and Jibe Audio settled. The matter proceeded with Lamar's cross-complaint against Beats Electronics, Iovine and Dr. Dre. The jury found that defendants breached their duties under the agreement. It also found that Lamar was owed royalties in the amount of $25,247,350.

Other Information

The court subsequently ruled that Beats owed ongoing royalties, pre- and post-judgment interest, and attorney fees, resulting in a proposed judgment, which has not been entered yet, totaling more than $44.9 million. The jury awarded royalties on only three of the 12 headphones products.


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