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Contracts Keyed to Whaley
Humetrix, Inc. v. Gemplus S.C.A.
Citation:United States Court of Appeals, Ninth Circuit, 2001. 268 F.3d 910.
Humetrix, Inc., a health care consulting company (Plaintiff), entered into two oral contracts and one written agreement with Gemplus S.C.A., a french company that was the world’s leading manufacturer of Smart Card technology (Defendant), to provide portable patient information data cards. Plaintiff labored intensively to capitalize on this opportunity by raising finances, increasing its sales staff and developing a client base in the U.S. Unbeknownst to plaintiff, defendant’s senior manager Guy Guistini was a 45 percent shareholder in Inovaction S.A.R.L., a French company that held French trademarks to “Vaccicarte” and “Vaccicard.” Further, defendant acquired a new U.S. subsidiary that could perform many of the functions that plaintiff was performing under the contract. As a result, defendant ceased cooperative efforts with plaintiff.
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