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Monday, April 9, 2012
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Inventor Wins Legal Round Against HP
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Inventor, Richard P. Mettke of Columbus, Ohio won "round
one" in Federal Court against Hewlett-Packard (HP) in
their attempt to dismiss his lawsuit against them for
fraud and contract breach.
The United States District Court, Southern District of
Ohio ruled on April 6, 2012 that Mettke's lawsuit (Case #
No.2:11-cv-410) could move forward to trial. Mettke filed
a $275,000,000 lawsuit against HP on April 13, 2011 for
fraud and contract breach.
HP said Mettke walked away with a minor win, adding that
the court dismissed the fraud specification in the
lawsuit because of Ohio's statute of limitations for
fraud, which is four years. The Federal Court ruled that
the breach of contract specification against HP could
move forward to trial.
The case file states that HP settled a patent
infringement lawsuit with Mettke on April 27, 1998.
Mettke's patent was 5,602,905, "On-Line Communication
Terminal/Apparatus." The suit was settled based on HP's
representation that they had no "present plans to make,
use or sell Internet Kiosks." The court filing states
that in August of 1998 HP deployed "Internet Kiosks" to
Circuit City, Best Buy and CompUSA to sell HP PC's and
other related items. This was in direct contradiction to
Mettke's settlement agreement. The court file further
states that Hewlett-Packard clearly breached Mettke's
settlement agreement; as well as committed fraud and bad
faith in the negotiation and execution of the settlement
agreement dated April 27, 1998. |
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