Breach of Contract

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7^th Circuit Court of Appeals

Case Name: Kreg Therapeutics, Inc. v. VitalGo, Inc.

Case No.: 17-3005; 17-3227

Officials: SYKES, BARRETT, and ST. EVE, Circuit Judges.

Focus: Breach of Contract

Kreg Therapeutics, Inc., a medical‐ supply company, contracted with VitalGo, Inc., maker of the Total Lift Bed® (or the “bed”), for exclusive distribution rights in several markets. A year and a half later, the arrangement soured. VitalGo told Kreg that it had not made the minimum‐purchase commitments required by the contract for Kreg to keep its exclusivity. Kreg thought VitalGo was wrong on the facts and the contract’s requirements. This lawsuit ensued.

In the district court, VitalGo did not make a strong showing in defending its case. The district court ruled during the summary‐judgment stage that VitalGo breached the agreement, and the court treated that ruling as established for the case. That left only Kreg’s damages. The case went to a bench trial, despite an eleventh‐hour request from VitalGo to have it dismissed on pleading grounds. After the bench trial, the district court ordered VitalGo to pay Kreg a little over $1,000,000 in lost‐asset damages and prejudgment interest.

VitalGo appeals, arguing that the district court made a host of reversible errors. We see none and affirm.

Affirmed

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.