CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
Interactive Return Service, Inc. v. Virginia Polytechnic Institute and State University
A trial team from our Richmond office defended Virginia Tech in this commercial case at the behest of the Attorney General. IRS, Inc. hoped to break into interactive television, and entered into a contract to sponsor research with Virginia Tech. IRS paid the first $110,000 of its bills, but then failed to pay the rest. The company claimed it had an agreement with Tech whereby Tech would keep working until it had developed a prototype, which it would then turn over to the company so it could break into the market and make millions. When Tech insisted on full payment, IRS sued and sought $ 158,000,000 in lost profits. There were contract, patent and a variety of other issues.
After a trial in which the court struck plaintiff's only damages expert, the jury gave plaintiff its $ 110,000 back -- but nothing more.