O'Sullivan officials deny Litter Box allegations

In documents filed May 17 in U. S. District Court for the Western District of Missouri, O'Sullivan Industries, company officials denied breach of contract claims made by a South Carolina company in a lawsuit filed last month.

The claims were made by Out of Sight Litter Box which said O'Sullivan officials entered into a licensing agreement with the company on May 1, 2006, giving O'Sullivan "the exclusive right and license to use Plaintiff’s Existing Patent to make, have made, distribute, market, and sell throughout North America, Belgium, France, Germany, Ireland, the Netherlands, and the United Kingdom (the “Territory”) products that incorporated the inventions disclosed in Plaintiff’s Existing Patent."

According to the contract:

"Defendants were to pay Plaintiff at least certain minimum royalties, to wit: for the Contract Year ending April 30, 2007, $50,000.00, for the Contract Year ending April 30, 2008, $150,000.00, for the Contract Year ending April 30, 2009 and every Contract Year thereafter, $300,000.00. (as applicable, the Minimum Royalty or Minimum Royalties)."

The lawsuit says O'Sullivan Industries failed to make, license, or distribute any of its products, and failed to pay the minimum quarterly royalty fees.

Out of Sight Litter Box is asking for actual damages and punitive damages and is requesting a jury trial.