A finding that an inventor’s idea is novel as to a buyer, but not as to the industry at large, is sufficient to support a claim for breach of contract, the 2nd U.S. Circuit Court of Appeals ruled March 27 ( Craig P. Nadel v. Play-By-Play Toys & Novelties Inc. , Nos. 99-7214[L], 99-7232[XAP], 2nd Cir.).
The panel reinstated contract and misappropriation claims asserted by toy inventor Craig P. Nadel against toy manufacturer Play-By-Play Toys & Novelties Inc. The court also affirmed dismissal of counterclaims asserted by Play-By-Play.
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