Tuesday, August 31, 2021
Aye, Kalyptio, the places you've been to, The things that you've shown us, the stories you tell
The classics never die. Just rebooted with new names.
Thanks for your response and as requested, I'm providing a detailed explanation of what happened. My company “KALYPTIO INNOVACIÓN TECNOLÓGICA” has a license agreement with “Coupa Software Inc”, to translate, develop and distribute our Bar Code Reading software system (LCPPRO-LE64) in the United States. The Bar Code Reading devices are embedded or preloaded with our proprietary software coded in Spanish language but equipped with a Spanish to English language translator from our factory plants here in Mexico before being shipped to Coupa Software Inc.(Local Address Here)
However, as a result of increased market demand for our wholesale packaging supplies and wholesale shipping supplies in the US and to make our products compete more favorably with other products, there was the need to have the embedded software written in English language. It was considered that these will remove several inefficiencies as a result of translation from Spanish to English language. As a result of the foregoing, we entered into a copyright license agreement with "Coupa Software Inc". 401 2nd Ave, Suite #101 Seattle, WA 98104 United States., for the translation of our software programs from Spanish to English language for our wholesale packaging supplies and wholesale shipping supplies. As a result of the foregoing, we entered into a copyright license agreement with “Coupa Software Inc” in January 2018.
However, in July 2019 during a scheduled inspection tour by our auditor from Mexico to our client’s manufacturing facility in the US it was uncovered that “Coupa Software Inc”, was equally manufacturing the Chinese versions of our product without license. In addition, our client was equally distributing the unauthorized Chinese language versions of our products within and to outside the US which was a complete violation of our agreed terms.
Following the initial discovery by our audit consultant, another detailed investigation was carried out by an independent auditor and it was uncovered and confirmed by the independent auditors that 250,000 copies of the Chinese language version of the software programs have been produced and 200,000 shipped and sold already in the US and South America. Clearly our license agreement has been breached, after which we had a lengthy negotiation back and forth through our lawyers, and consequently it was mutually resolved and agreed that sixty-five percent (65%) earned profits on the unauthorized production which is of Three Million Eight Hundred and Eighty-Five Thousand Dollars Only ($3,885,000.00) should be payable to us and payment deadline of 30th of December, 2019 was agreed. However with this current economic climate, we can't afford to have $3,885,000.00 pending indefinitely with this customer. Previously, the settlement agreement deadline date was extended from December 2019 to 28th of March, 2020 as requested by “Coupa Software Inc” and it is quite unfortunate the extended deadline was not honored.
Despite the foregoing, I would like to draw your attention to the relationship with Coupa Software Inc, which has been cordial and we have had a successful business relationship over the past few years, and it is our position to maintain the relationship after settling the issues on hand. Right now, I will like to take appropriate steps and measures to enforce our copyright license agreement and/ or claim infringements and damages as appropriate. Our expectation of your services for now will be within the scenario of a Demand letter to them (Coupa Software Inc USA). This approach will trigger the much needed response from them towards amicable settlement of the matter and we are ready to go to litigation if they do not pay up.
Let me know when you would be able to take a call so we can discuss your retainer fees. I've attached the License and The Settlement Agreement between us and Coupa Software Inc USA as well. I look forward to your prompt response.
Roberto Sandoval
CEO, KALYPTIO INNOVACIÓN TECNOLÓGIC
www.kalyptionline.com
Monday, August 9, 2021
Who Are Yu?
Yu Rui Xu
Attachments
Sat, Aug 7, 7:37 PM (2 days ago)
to me
Dear [Shockingly Hansome Lawyers Name Here],
Thanks for your response, a breach has occurred with the patent agreement therefore we like to sue them for the breach, they have not paid the initial $1.2 million for the patent and the royalty payment since the agreement was signed.
OTHER PARTY INFO
[Poor Local Company Here]
Please see attached Patent Agreement for your review and advise on your hourly fee and initial retainer fee also I await your retainer agreement as soon as possible.
Thank you and I look forward to working with you.
Best Regards,
Yu Rui Xu: Chairman
Shihlin Electric
No. 88, Zhongshan North Road
16th Floor Sec.6
Taipei City, 111 Taiwan
Phone:886 4 2834 2662
Fax:886 3 2836 6187
shilinyuxu@gmail.com
www.seec.com.tw
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