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This case was last updated from PACER on 06/18/2021 at 12:21:10 (UTC).

BEHAVIORALLY, INC. v. PRS IN VIVO GERMANY GMBH et al

Case Summary

On April 19, 2021, Behaviorally, Inc. (“Plaintiff” or “Behaviorally”), represented by Sherry Dawn Coley of Davis & Keulthau, S.C. filed an intellectual property lawsuit against PRS In Vivo Germany GmbH, PRS In Vivo Italy S.R.L., PRS In Vivo Singapore Pte. Ltd., PRS In Vivo Switzerland SA, PRS In Vivo UK Limited, (collectively, “Defendants”), seeking compensatory damages for the alleged breach of terms of their Promotion Service Agreements (“PSA”) with Behaviorally and spreading misinformation and soliciting payment from Plaintiff’s clients. This case was filed in the U.S. District Court for the District of New Jersey with Judges Kevin McNulty and Jessica S. Allen presiding. 

 

In their complaint, the Plaintiff alleged that “Under the terms of the PSAs, Plaintiff was required to pay an arm’s length fee of cost-plus 10 percent for the services provided by Defendants, based on quarterly reports and detailed invoices provided by Defendants to Plaintiff. Yet, in breach of the terms of the PSAs, Defendants failed to provide Plaintiff with the requisite quarterly reports and invoices that were needed for Plaintiff to accurately account for and reimburse the specific reimbursable expenditures permitted by the PSAs.” and that “As a result of the failure by Defendants to provide detailed reports, Plaintiff overpaid Defendants for services performed, accrued liabilities in excess of actual amounts due, and paid or accrued a 10 percent mark-up on non-reimbursable expenses under the PSAs. From the execution of the PSAs until October 31, 2020, Plaintiff overpaid at least $3.5 million in relation to inflated reimbursements and associated mark-up payments on such reimbursements.”

 

Behaviorally further alleged that “Defendants have resorted to invoicing Plaintiff’s clients directly and retaining revenue owed to Plaintiff, despite having no contractual relationship with Plaintiff’s clients for the relevant projects and no authorization to invoice Plaintiff’s clients directly. Defendants took these actions in complete disregard of the Parties’ respective contractual rights and responsibilities.” Furthermore “Defendants have used information acquired through their relationships with Plaintiff, in breach of Defendants’ duty of confidentiality, to mislead Plaintiff’s clients into paying Defendants, thereby diverting funds from Plaintiff and tortiously interfering with Plaintiff’s contractual relations.”

 

There are three counts for relief laid down by the Plaintiffs. The first count for relief is for the alleged breach of contract by all the Defendants. Each Defendant has failed to comply with Sections 5 and 6 of its PSA, including by failing to submit quarterly reports and detailed invoices. The second count for relief is for the alleged tortious interference with Plaintiff’s contractual rights including but not limited to falsely, intentionally, and without justification, misrepresenting that Defendants were authorized to invoice Plaintiff’s clients and collect payments on behalf of Plaintiff under the Services Contracts, including the MSAs and MFAs. The third count for relief is for Declaratory judgment against all Defendants Pursuant to the Declaratory Judgments Act, 28 U.S.C. §§ 2201 and 2202, and in accordance with Fed. R. Civ. P. 57. 

 

In its prayer for relief, the Plaintiff has requested the Court to award compensatory damages to the Plaintiff, along with prejudgment & post-judgment interest, declaratory judgment that sets out the exact amounts due under Sections 5 and 6 of the PSAs, reasonable expenses and any other relief as the Court may deem just and equitable. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-09790

  • Filing Date:

    04/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    New Jersey District

Judge Details

Presiding Judge

Kevin McNulty

Referral Judge

Jessica S. Allen

 

Party Details

Plaintiff

BEHAVIORALLY, INC.

Defendants

PRS IN VIVO UK LIMITED

PRS IN VIVO SWITZERLAND SA

PRS IN VIVO SINGAPORE PTE. LTD.

PRS IN VIVO GERMANY GMBH

PRS IN VIVO ITALY S.R.L.

Attorney/Law Firm Details

Plaintiff Attorney

JOSHUA SCOTT WOLKOFF

Attorney at BAKER & MCKENZIE LLP

452 Fifth Avenue

New York, NY 10018

 

Court Documents

#3

(#3) SUMMONS ISSUED as to PRS IN VIVO GERMANY GMBH, PRS IN VIVO ITALY S.R.L., PRS IN VIVO SINGAPORE PTE. LTD., PRS IN VIVO SWITZERLAND SA, PRS IN VIVO UK LIMITED. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (bt, ) (Entered: 04/21/2021)

#2

(#2) Corporate Disclosure Statement by BEHAVIORALLY, INC.. (WOLKOFF, JOSHUA) (Entered: 04/19/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against PRS IN VIVO GERMANY GMBH, PRS IN VIVO ITALY S.R.L., PRS IN VIVO SINGAPORE PTE. LTD., PRS IN VIVO SWITZERLAND SA, PRS IN VIVO UK LIMITED ( Filing and Admin fee $ 402 receipt number ANJDC-12388408) with JURY DEMAND, filed by BEHAVIORALLY, INC.. (Attachments: #1 Civil Cover Sheet)(WOLKOFF, JOSHUA) (Entered: 04/19/2021)

 

Docket Entries

  • 04/21/2021
  • View Court Documents
  • Docket(#3) SUMMONS ISSUED as to PRS IN VIVO GERMANY GMBH, PRS IN VIVO ITALY S.R.L., PRS IN VIVO SINGAPORE PTE. LTD., PRS IN VIVO SWITZERLAND SA, PRS IN VIVO UK LIMITED. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (bt, ) (Entered: 04/21/2021)

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  • 04/20/2021
  • DocketJudge Kevin McNulty and Magistrate Judge Jessica S. Allen added. (ps) (Entered: 04/20/2021)

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  • 04/19/2021
  • View Court Documents
  • Docket(#2) Corporate Disclosure Statement by BEHAVIORALLY, INC.. (WOLKOFF, JOSHUA) (Entered: 04/19/2021)

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  • 04/19/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against PRS IN VIVO GERMANY GMBH, PRS IN VIVO ITALY S.R.L., PRS IN VIVO SINGAPORE PTE. LTD., PRS IN VIVO SWITZERLAND SA, PRS IN VIVO UK LIMITED ( Filing and Admin fee $ 402 receipt number ANJDC-12388408) with JURY DEMAND, filed by BEHAVIORALLY, INC.. (Attachments: #1 Civil Cover Sheet)(WOLKOFF, JOSHUA) (Entered: 04/19/2021)

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