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ABS Global, Inc. v. Inguran, LLC

No. 14-cv-503-wmc, 2015 WL 1486638 (2015)

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ABS Global, Inc. v. Inguran, LLC

United States District Court for the Western District of Wisconsin

No. 14-cv-503-wmc, 2015 WL 1486638 (2015)

Facts

ABS Global, Inc. (plaintiff) and Inguran Global, LLC (Inguran) (defendant) were competitors in the livestock-breeding business. The companies had a contract that included a noncompetition clause preventing ABS Global from marketing certain products. ABS Global developed a new technology for the production of sexed bovine semen and wanted to market the technology. However, ABS Global was concerned that Inguran might sue it for breach of contract. ABS Global filed a declaratory-judgment action against Inguran, seeking a declaration that (1) marketing the technology would not violate the contract and (2) the contract was invalid or unenforceable. In support of its lawsuit, ABS Global presented evidence that a breach of the parties’ contract would result in more than $1.5 million in liquidated damages and that Inguran had a history of litigiousness. Inguran moved to dismiss ABS Global’s petition.

Rule of Law

Issue

Holding and Reasoning (Conley, J.)

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