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THE LICENSE AND ADVISOR AGREEMENTS In or around September of 2017, the parties conferred about integrating the ONYX software into EverID’s then-developing cryptocurrency enterprise.11 In addition to integrating the ONYX software into its platform, EverID made other demands. 2- is often hired as an advisor by those buyers to assist with the ONYX software integration and the management of its use thereafter.7 EverID, an entity active in the blockchain and cryptocurrency industry, is a corporation organized under Delaware law that maintains its principal office in Poway, California.8 It created the cryptocurrency “ID Tokens.”9 As a component of ID Tokens, EverID also developed a blockchain-based identity and financial platform but needed the means to verify and confirm its users’ identities.10 B. ¶¶ 4, 10, Diamond Fortress Technologies, Inc. June 25, 2002) (“Once the default has been entered, the well-pleaded facts of the complaint must be accepted as true.”). Although he may not challenge the sufficiency of the evidence. at 587 (“‘ default is not treated as an absolute confession by the defendant of his liability and of the plaintiff’s right to recover. 2008) (“The effect of a default in answering is to deem admitted all the well-pleaded facts in the complaint.”) id.
Hatcher The factual recitation of events discussed herein is wholly based on the Plaintiffs’ submissions. Hatcher is Diamond Fortress’s CEO-one with extensive experience in the global market of biometric authentication and identity platform architecture.3 Diamond Fortress developed a patented software named “ONYX.”4 ONYX is a secure, touchless fingerprint-identification software application that utilizes the camera on mobile devices, e.g., smartphones, to detect and verify user identities by fingerprint recognition.5 Third parties can integrate the ONYX software into their own platforms by purchasing a license and software development kit.6 Mr. THE PARTIES Diamond Fortress is a biometric software company.2 Mr. The classification and valuation of cryptocurrency, as well as the calculation of damages resulting from the breach of a cryptocurrency-paid contract are novel matters to Delaware. The Court conducted a subsequent hearing on the Plaintiffs’ purported economic damages that centered on just what might be the appropriate methodology and value source for reckoning a damages judgment. So the Plaintiffs filed a default judgment motion that the Court granted in part-the Court found the breach but paused on the damages. EverID has never responded, appeared, or otherwise defended itself in any manner in this lawsuit. The ICO and several TDEs came and went without Plaintiffs receiving a single token. The promised distributions were to occur upon the Initial Coin Offering (“ICO”) of “ID Tokens,” EverID’s newly created cryptocurrency, and upon subsequent Token Distribution Events (“TDEs”).
For an exclusive license to use Diamond Fortress’s proprietary biometric software, EverID offered to remunerate the Plaintiffs via cryptocurrency token distributions. and its CEO Charles Hatcher, II, for their combined assistance in developing EverID’s cryptocurrency trading platform and mobile application. This breach-of-contract action arises out of Defendant EverID, Inc.’s failure to compensate the Plaintiffs, Diamond Fortress Technologies, Inc. Registered Agent for Defendant EverID, Inc. United States Corporation Agents, Inc., Middletown, Delaware. Attorneys for Plaintiffs Diamond Fortress Technologies, Inc., and Charles Hatcher, II. Mardis, Esquire, MAYNARD, COOPER & GALE, PC, Huntsville, Alabama. Heyman, Esquire, HEYMAN ENERIO GATTUSO & HIRZEL, Wilmington, Delaware Walter A. N21C-05-048 PRW CCLD Submitted: JanuDecided: ApOPINION AND ORDER Upon Plaintiffs Diamond Fortress Technologies, Inc., and Charles Hatcher, II’s Motion for Default Judgment, GRANTED. EVERID, INC., ) ) ) ) Plaintiffs, ) ) ) ) ) ) ) Defendant.
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE DIAMOND FORTRESS TECHNOLOGIES, INC., and CHARLES HATCHER, II, v.
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