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Banking
Failure to Pay
Licensing Agreement

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

Aurelio N. Muñoz

Court

L.A. Superior Central


Attorneys

Plaintiff

Peter C. Sheridan

Seong H. Kim
(Sheppard, Mullin, Richter & Hampton LLP)


Defendant

Ben D. Whitwell
(Venable LLP)

Christopher R. Baker


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


#90563

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