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Lumatron and Mr. Comey dated January 15, 1978. According to Mr.
Comey, under the terms of the Inventor’s Agreement, Lumatron
agreed to sponsor Mr. Comey’s research and development in
exchange for Mr. Comey’s contribution of his portfolio to
Lumatron’s capital.
First, we note that the copy of the “Inventor’s Agreement”
contained in the record was signed solely by Mr. Comey,
purportedly on behalf of Lumatron and on behalf of Mr. Comey
individually. Other than this document and the self-serving
testimony of Mr. Comey, which we have found incredible, there is
no evidence of any transfer of Mr. Comey’s portfolio to Lumatron.
Second, it appears that Lumatron had been dissolved, and
therefore lacked legal capacity, when Mr. Comey assertedly
transferred his portfolio to it. Therefore, even if Mr. Comey
had attempted to transfer his portfolio to Lumatron via an
“Inventor’s Agreement” in 1978 as he claims, it appears that the
transfer would have been ineffective under relevant State
(Illinois) law.
The record shows that an Illinois corporation named Lumatron
Corporation (Lumatron) was incorporated on February 13, 1968.
Mr. Comey has offered copies of stock certificates which purport
to show that Mr. Comey acquired some Lumatron stock in February
1968 and January 1971.
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