Columbus, OH (PRWEB) June 28, 2011
Inventor Richard P. Mettke of Columbus, Ohio is suing HP for $275,000,000 for fraud and contract breach in the United States District, Southern District, Eastern division (Case # No.2:11-cv-410). The case was initially filed in the Franklin County Common Pleas Court on April 13, 2011. It was moved to the Federal Court on May 11, 2011, because of the amount of the lawsuit and diversity of the case.
The case file states that HP settled a patent infringement lawsuit with Mettke on April 27, 1998 (United States District Court for the Nothern District of Alabama, Eastern Division, CV-97-TMP-3160-E) . 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."
In the current court filing, Mettke states that in August of 1998 HP deployed “Internet Kiosks” to Circuit City, Best Buy and CompUSA to sell HP. This was in direct contradiction to Mettke's settlement agreement. HP had to have planned for is deployment prior to April 27, 1998. Also, in the summer of 1998, HP partnered with American Airline's to put Internet Kiosks in Admiral Clubs. Again, HP had to have planned for this deployment prior to April 27, 1998 (date of Mettke's settlement). The court file further states, based on the aforementioned information, Hewlett-Packard clearly breached Mettke settlement; as well as committed fraud and bad faith in the negotiation and execution of the settlement agreement dated April 27, 1998. Since, April 1998, HP and its partners have profited in the billions of dollars and have actively marketed and manufactured Internet capable kiosks via its Kiosks Group and business partners.
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