- 30 - 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.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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