NeWire Inc. v. Southwire Company
Analysis Group client NeWire Inc. recently reached a settlement with Southwire Company in a breach of contract dispute related to the licensing of "FlatWire" -- a thin, surface-mounted wire technology to transmit data and electricity. NeWire alleged that Southwire breached the best-efforts commitment in its agreement to make and sell FlatWire products globally, and claimed that Southwire had failed to pay royalty fees for the use of the technology.
A team from Analysis Group, led by Principal Robert Vigil, was retained on behalf of NeWire by Harwell Howard Hyne Gabbert & Manner, P.C., to assess damages related to this dispute. Dr. Vigil filed an expert report and testified at trial and deposition regarding the damages resulting from Southwire's failure to commercialize and maximize revenues derived from NeWire's technology.
In mediation after a mistrial in the Chancery Court for the State of Tennessee, the two parties reached a settlement that was satisfactory to NeWire and that included Southwire returning all FlatWire rights to NeWire.