Clover and Nukote Reach Settlement

The legal battle between Nukote and Clover, over a range of alleged business conspiracies has been settled.

According to court notices provided to RT Media, Nukote of Illinois Inc. (Nukote) settled its antitrust case against Clover Holdings Inc. and Clover Technologies Group, LLC (collectively “Clover”) on March 2, 2016.

A mediation session, known as an Alternative Dispute Resolution (ADR), was held back on December 15, 2015 in the US District Court for the Northern District of Texas, in Dallas. According to the documents, the outcome was “settlement as a result of follow-up discussions between the parties with help of the mediator.”

On January 25, 2016, mediator Hon. Jeff Kaplan informed the Court the parties had reached a settlement, and they had until February 22, 2016, should further proceedings become necessary or desirable.

Reed O’Connor (pictured), the United States District Judge overseeing the case ordered, on March 2, “The parties have reached a settlement agreement to resolve their disputes and request that all of Plaintiff’s claims against Defendants be dismissed with prejudice. Having reviewed the motion, the Court finds it is well-taken, should be, and is hereby granted. Accordingly, it is ordered that Plaintiff’s claims against Defendants are dismissed in their entirety with prejudice, and each party shall pay their own court costs.”

In 2009, Nukote lost its contract with Office Depot and Clover, meaning that Nukote could no longer supply remanufactured cartridges to the two companies. Later, in the same year, Nukote filed for bankruptcy and filed two lawsuits, asking Office Depot and Clover for $217 million and $100 million respectively, for damages including civil conspiracy, tortious interference with contracts, unfair competition by misappropriation, aiding and abetting breach of fiduciary duty, and other aiding and abetting claims related to employee poaching, and restraint of trade.

The complaint between Nukote and Office Depot was dismissed in 2010.

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