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entitled “Memorandum Re: Unbundling of ERG”. Burton and Glendon
executed a document entitled “Supplemental Memorandum Re:
Unbundling of ERG (December 4, 1987)”. On December 5, 1987,
Burton and Glendon executed a document entitled “Memorandum Re:
Other Commitments made to WEM”.9
By letter dated March 18, 1988, ERG and NPI, through Burton,
gave instructions to their patent counsel of the firm Townsend &
Townsend to transfer certain patents, patent applications, and
intellectual property to Glendon. The parties stipulated that on
December 29, 1988, Glendon incorporated Aker Industries, Inc.
(Aker).10 After July 1987, and during all periods relevant to
these cases, Burton exercised almost sole control over the
management and operations of ERG and NPI.
On March 23, 1993, Glendon and his wife, Janet, filed a
motion asking a California court to enforce the unbundling
agreement as a settlement agreement. In response to a 1994
petition filed by Burton, the court ordered the parties to
recommence arbitration. In 1994, arbitration proceedings
recommenced. On June 7, 1995, a second interim arbitration
9Except as otherwise noted to the contrary, we refer to the
documents executed by Burton and Glendon during mediation
collectively as the “unbundling agreement”.
10On Feb. 29, 1988, Burton signed a City of Oakland Business
Tax Declaration stating that ERG’s research and development
division had been established as a new company, “Acker [sic]
Industries”. However, Glendon testified that Aker was
incorporated in July 1987.
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