JMS Labs Ltd. (U.S.A.) v. Silver Eagle Labs, Inc. (In re Lockwood)

MEMORANDUM DECISION ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Defendants Hanford Nichols Lockwood, Jr. (“Lockwood” or “Debtor”), Silver Eagle Labs, Inc. (“Silver Eagle”) and Michele Lockwood (“Michele”) (collectively, “Defendants”) filed a motion for summary judgment on all causes of action asserted against them in the Second Amended Complaint (the “Complaint”) filed by plaintiff JMS Labs Limited (U.S.A.), LLC (“JMS”). Following a hearing on the motion on August 18, 2008, the court took the matter under submission. For the reasons stated below, the court will grant summary judgment in favor of Michele and Silver Eagle with respect to certain breach of contract claims in the first count and to the contractual interference claims in the third count, will grant summary judgment in favor of Lockwood on the second and third counts, and will deny the balance of the motion for summary judgment as triable issues of fact exist.

UNDISPUTED FACTS

In 2002, Lockwood designed and patented an improved nasal dilator system (the “023 Patent”); the application of this patent resulted in a product known as the MaxAir Nasal Dilator (“MaxAir”). Pursuant to a Patent and Know-how Purchase Agreement…