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Mr. Comey claims that Lumatron was later reinstated and that the
reinstatement retroactively validated the purported Inventor’s
Agreement between Lumatron and Mr. Comey.
At trial, Mr. Comey offered a copy of a document he claimed
to have filed to effect Lumatron’s reinstatement. This document
was filed with the State of Illinois on October 20, 1992, almost
17 years after Lumatron’s dissolution.
Illinois law provides that an administratively dissolved
corporation may be reinstated within 5 years following the date
of issuance of the certificate of dissolution. See 805 Ill.
Comp. Stat. Ann. 5/12-45 (2000). To be reinstated, the dissolved
corporation must file an application for reinstatement containing
certain information concerning the dissolution. Id. It must
also pay all back taxes and file all back annual reports. Id.
The document offered by Mr. Comey was not filed within 5
years of Lumatron’s dissolution; it was filed almost 17 years
after that dissolution. In addition, the document is an Illinois
Form BCA-2.10, Articles of Incorporation, not an Illinois Form
BCA-12.45/13.60, Application for Reinstatement of Domestic or
Foreign Corporation. Moreover, the document does not mention
either Lumatron’s dissolution or any demand for reinstatement.
Finally, there is no evidence that Mr. Comey filed any back
annual reports or paid any back franchise taxes for Lumatron.
For all these reasons, we find that the document offered by
Mr. Comey evidences Mr. Comey’s incorporation of a new Lumatron
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