- 6 - of the agreement and, in August 1990, sent RTA a notice of default, asserting that the agreement was canceled. RTA reciprocated by sending EDS its own notice of default, asserting that (1) EDS had failed to provide the technical reports and information concerning the TTS that were necessary to obtain the FDER permit and (2) RTA intended to hold EDS and its officers responsible for this and other alleged breaches of the agreement. At that time, RTA had paid in excess of $1.6 million towards the development of the TTS, the TTS was approximately 55 percent complete, and the underlying TTS technology remained unproven. Initial attempts at salvaging the business relationship between RTA and EDS failed, and, in September 1990, RTA filed a complaint (the complaint) in a lawsuit (the lawsuit) against EDS and its principal shareholders in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida (the Circuit Court). The complaint contains three counts. The first count relates to the TTS and alleges breach of contract. Among the remedies sought are (1) specific performance of the agreement by EDS, (2) delivery of the TTS, (3) damages, and (4) injunctive relief against EDS selling or using the TTS. Alternatively, the complaint asks for a return of moneys paid to EDS and damages. The second count relates to the marketing rights; it alleges breach of contact and asks for injunctive relief. The third count relates to certain medical technology, alleges breach of contract, and asks for injunctive relief. EDS answered thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011