FiTeq Inc. v. Venture Corp.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

[Re: ECF 313]

BETH LABSON FREEMAN, United States District Judge

Though now almost unbelievable, this case began with a partnership between the parties to build a groundbreaking payment card that would combat fraud. FiTeq and Venture entered into an Operating Agreement (“OA”), pursuant to which each party had responsibilities: FiTeq was to design, develop, market, and sell the card, while Venture was to “seamlessfly] manufacture” it. ECF 199-26, OA Recitals. The agreement was highly sequenced, with ten…