R. Robert Goughnour entered into a contract with Nilex Construction on Feb. 17, 2004, and, when Nilex dissolved in 2013, Hayward purchased certain assets and assumed certain obligations and liabilities previously held by Nilex, according to a complaint filed Dec. 2 in Brooke Circuit Court and later removed to federal court.
Goughnour claims Hayward has failed and/or refused to comply with its obligations set forth in his contract with Nilex to make payments under Patent Number 5,800,090 because the patent expired.
In their contract, Nilex agreed to pay a lump sum fee of $150,000, one third of which was payable at the time of the contract’s signing and the remaining two payments were to be paid on the second and third anniversaries of the contract, according to the suit.
Goughnour claims Nilex also agreed to pay an additional payment of 10 cents per foot for all earthquake drains installed by Nilex or its licenses or subcontractors in accordance to the teachings of the patent.
Goughnour is seeking the court to enter an order directing the defendant to perform its obligations under the contract entered into between him and Nilex. He is being represented by David F. Cross.
Hayward is represented by Charles J. Kaiser Jr., Denise Knouse-Snyder and Jeffery D. Kaiser of Phillips, Gardill, Kaiser & Altmeyer PLLC.
U.S. District Court for the Northern District of West Virginia case number: 5:16-cv-00191