AUSTIN, Texas – The Texas litigation boutique Weisbart Springer Hayes LLP recently won the dismissal of a breach of contract lawsuit filed against its client Micro Imaging Technology, Inc. (OTCQB:MMTC) in Travis County District Court.
The lawsuit was filed by Alpine MIT Partners LLC, in May 2012 based on allegations that San Clemente, Calif.-based Micro Imaging Technology, Inc. had breached certain provisions of a Securities Purchase Agreement that was signed on March 7, 2012. Micro Imaging Technology has also sued Alpine over the Securities Purchase Agreement in Orange County, California, Superior Court.
Judge Stephen Yelenosky of Travis County’s 345th Judicial District Civil Court dismissed Alpine’s claims exactly one year later, on March 7, 2013
“We could not be more pleased with the work and talents of Ms. Springer and Mr. Weisbart,” says Jeffrey Nunez, President of Micro Imaging. “They did a very fine job in this case and in court, and we look forward to their support in the continuation of the pursuit of the Company’s legal remedies against Alpine in California.
“We can’t be more pleased with the outcome in Texas,” Mr. Nunez says. “The judge upheld our position that the Texas court had no jurisdiction over this matter and dismissed the case against the Company. Meanwhile, we intend to vigorously pursue our legal remedies against Alpine here in the California court and we are very confident that we will prevail on the merits should this matter go to trial.”
The 2012 Securities Purchase Agreement that is the subject of the lawsuits called for Micro Imaging to sell up to $2 million of 7 percent Senior Secured 5-year Convertible Debentures convertible into shares of common stock at a conversion rate of $.003 per share. The purchase and sale of the first $1 million Debenture was scheduled to close on or before April 6, 2012, and was subject to, among other things, Alpine closing the necessary equity funding to consummate the transactions. No money was ever received by Micro Imaging Technology from Alpine.
In January 2013, Micro Imaging learned that Alpine also had filed a lien against Micro Imaging’s patents with the California Secretary of State under the Uniform Commercial Code in May 2012. Consequently, Micro Imaging filed suit against Alpine in Orange County, California, Superior Court alleging, among other claims, that the UCC filing was unauthorized. The lawsuit also names the managing director and managing member of Alpine as Defendants and alleges that they made false promises, intentional misrepresentations and breached the contract that was the subject of the Texas suit. Micro Imaging is seeking $1.6 million in damages.
Micro Imaging Technology Inc., which does business under the name Micro Identification Technologies, has developed and patented the MIT-1000, a standalone, optically-based, software driven system that can detect pathogenic bacteria and complete an identification test, after culturing, in less than five minutes for pennies per test when compared to any other conventional method. For more information, visit www.micro-identification.com.
Weisbart Springer Hayes LLP focuses on high-stakes business, technology, employment, and aviation litigation matters in Texas and across the nation. Based on a philosophy of personal service and a practice of efficient management, the firm represents both plaintiffs and defendants in a wide range of complex legal disputes. More information is available on the firm’s website at https://www.wshllp.com.