Fail-Safe LLC v. A.O. Smith Corp.

ORDER

J.P. STADTMUELLER, District Judge.

Litigation is often the story of regret, and the underlying facts in this case present the quintessential example of such a tale. Undoubtedly, the defendant, A.O. Smith Corporation (“AOS”), wishes it had never contacted the plaintiff, Fail-Safe LLC (“FS”), in 2002 regarding the safety device that FS had developed for use in swimming pools. Similarly, the plaintiff likely laments the fact that it never entered into a written agreement with AOS either formalizing the two companies’ relationship or, at the very least, protecting the confidentiality of the…