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Research Frontiers Inc. v. Prelco Inc.

Triable Issues of Fact Exist as to Breach of Contract Claim and Waiver Defense

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MEMORANDUM & ORDER INTRODUCTION   Plaintiff Research Frontiers Incorporated (“Plaintiff” or “RFI”) filed its initial complaint with the Supreme Court of New York in the County of Nassau on April 1, 2018. Notice of Removal 1, ECF No. 1. Defendant Prelco Incorporated (“Defendant” or “Prelco”) removed this case from the Supreme Court of New York to this court, on May 17, 2018, on the basis of Diversity Jurisdiction pursuant to 28 U.S.C. §1332(a); Plaintiff is a Delaware corporation and Defendant is a Canadian corporation with its principal place of business in Quebec, and the amount in controversy requirement is met. Id. The parties engaged in settlement talks until October 9, 2018 without reaching a settlement. See Order dated October 9, 2018. The parties consented to jurisdiction by a magistrate judge on October 22, 2018, and the case was randomly reassigned to me on January 17, 2020. Consent to Jurisdiction by US Magistrate Judge, ECF No. 22. Parties’ cross-motions for summary judgment have been fully submitted to this court on September 5, 2019. ECF Nos. 25-38. Based on the reasons explained below, this Court concludes that triable issues of fact exist in Plaintiff’s breach of contract claim. Likewise, summary judgment is precluded by factual disputes in the record related to Defendant’s waiver defense. Defendant’s defense based on the statute of limitations is also unavailing. Therefore, the parties’ cross motion for summary judgment is DENIED. Lastly, Defendant’s alternative motion for partial summary judgment on the issue of damages is also DENIED. BACKGROUND A. Factual Record 1. Undisputed Facts Plaintiff RFI developed SPD-SmartGlass, an electronic glass-tinting technology which can be used for light control on window glass. Pl. Mot. Sum. J, Ex. B (“License Agreement”), ECF No. 28-3; Harary Aff.

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