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Contracts Keyed to Whaley
Zippysack LLC v. Ontel Products Corp.
Citation:
182 F.Supp. 3d 867 (N.D. Ill. 2016).Facts
Plaintiff manufactured a product called ZippySack which was a bed sheet marketed for children. Defendant had a similar product called ZipIt Friends. The parties settled in a patent infringement lawsuit over the products.
As part of the settlement, Defendant agreed to cease producing ZipIt Friends and agreed to sell no more than its existing inventory of 80,000 units. it was later discovered, however, that Defendant had 119,432 units– almost 150% more. Plaintiff filed a lawsuit to enforce the settlement agreement, asking the court to allow Defendant to sell only the original 80,000 units for profit.
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