Coast Business Credit v. Fitness Innovations & Technologies Inc.
Published: Mar. 16, 2002 | Result Date: Jan. 8, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC217144 – $4,326,210
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Seong H. Kim
(Sheppard, Mullin, Richter & Hampton LLP)
Defendant
Ben D. Whitwell
(Venable LLP)
Experts
Plaintiff
Barbara C. Luna
(technical)
Facts
The plaintiff sued the defendant to collect sums due to the plaintiffÆs borrower and direct marketer, Kent &
Spiegel Direct Inc., in connection with the popular abdominal exercise product called the AB Trainer.
The plaintiff contended that the defendant had failed to pay the plaintiffÆs share of the proceeds from AB
Trainer patent infringement suits, instituted by the defendant, pursuant to a written agreement to share the costs
of such lawsuits as well as their proceeds.
The defendant alleged that the plaintiffÆs borrower had breached the written agreement
by failing to pay the full amount of the royalties from the sale of the AB Trainer products
pursuant to the same written agreement, and further breached its duty to allow the defendant to
audit its books.
Other Information
The plaintiff secured judgment of $4,326,214 against the defendant. Motion for new trial was denied.
Deliberation
one day
Length
seven days
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