Interactive Return Service, Inc. v. Virginia Polytechnic Institute & State University

By Judge Randall G. Johnson

This is a claim for breach of contract. It is before the court on motions to dismiss and for summaiy judgment.

In January 1995, plaintiff, Interactive Return Service, Inc., (“IRS”) and defendant Virginia Polytechnic Institute and State University (“Virginia Tech”) entered into a contract under which Virginia Tech agreed to perform certain research for plaintiff to assist plaintiff in commercializing certain technology for which plaintiff had a patent pending. Under the contract, if the research resulted in an invention conceived by Virginia Tech personnel, such…