TK Power, Inc. v. Textron, Inc.

AMENDED ORDER RE UCC JURY INSTRUCTIONS

I. BACKGROUND

This case involves a failed transaction that contemplated the development and production of high frequency on-board battery chargers for electric golf carts. At the time the parties commenced discussion, the product represented new technology that had not been previously incorporated into this context. In addition to the use of high frequency circuit board-based (as opposed to transformer-based) technology, the power supply was to be placed on board the golf cart and connected to the batteries throughout daily use, rather than residing off-board in a cart barn. In addition to more efficient charging, it was thought that the on-board charger could perform inter alia certain real-time monitoring and regulation faeilitative to longer battery life.

Plaintiff TK Power (“TK”) was approached by Defendant Textron/E-Z-GO (“Textron”) as one of several potential vendors to develop the product. After a number of discussions, Textron indicated to TK it had selected TK to develop the product. Although the parties dispute the precise nature of the legal obligations respectively undertaken (indeed that is the point of this lawsuit), they…