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Bollinger Indus. Inc. v. Walter R. Tucker Enters. Ltd.

ASG Acted on Mistaken Belief of Patents' Validity When It Agreed to Pay License Fee

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Attorneys for Plaintiff¹: Mitchell J. Katz, Esq., John Joseph Pelligra, Esq., of counsel, Barclay Damon LLP, Barclay Damon Tower, Syracuse, New York. Attorneys for Defendants: Jonathan D. Pressment, Esq., Ronald Wayne Breaux, Esq., Benjamin G. Goodman, Esq., of counsel, Haynes And Boone, LLP, Dallas, Texas. MEMORANDUM DECISION AND ORDER I. BACKGROUND Plaintiff Alliance Sports Group, LP (hereinafter referred to both as Plaintiff and “ASG”)2 alleges in its second, and most recent, amended complaint that Defendants committed fraud and fraudulent inducement against it in relation to a settlement agreement (the “Settlement Agreement”) that the parties signed following a prior lawsuit. See generally Dkt. No. 68, Second Amend. Compl. In the prior lawsuit, commenced in January 2014, Defendant Walter Tucker Enterprises, Ltd., doing business as E-Z Red Co. (“Defendant E-Z Red”) sued Plaintiff for patent infringement, contending that Plaintiff manufactured and sold certain flashlights for which Defendant E-Z Red held two patents. See id. at

9-10. The parties settled that lawsuit in April 2014, agreeing that Plaintiff would pay a licensing fee and share certain profits with Defendant E-Z Red so that it could continue to use the patented designs. See id. at

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