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ITRON, INC. v. CONSERT INC.

C.A. No. 7720-VCL.

109 A.3d 583 (2015)

ITRON, INC., as successor-in-interest to SmartSynch, Inc., Plaintiff, v. CONSERT INC., Defendant.

Court of Chancery of Delaware.

Decided: January 15, 2015.

Attorney(s) appearing for the Case

Raymond J. DiCamillo ; Kevin M. Gallagher , Richards Layton & Finger P.A., Wilmington, Delaware; Adam H. Offenhartz , Nancy Hart , Laura K. O'Boyle , Lindsey D. Schmit , Gibson, Dunn & Crutcher, LLP, New York, New York; Attorneys for Plaintiff Itron, Inc.

Stephen C. Norman , T. Brad Davey , John A. Sensing , Potter Anderson & Corroon LLP, Wilmington, Delaware; Joel D. Bush, II , Stephen E. Hudson , Jason M. Wenker , Kilpatrick Townsend & Stockton LLP, Atlanta, Georgia; Attorneys for Defendant Consert Inc.

OPINION

Plaintiff Itron, Inc. and defendant Consert, Inc. are parties to a Development Agreement dated April 25, 2012 (the "Development Agreement"). Consert claims Itron owes it approximately $60 million under the Development Agreement. Itron seeks a declaration...

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