Preview
Filed
9/29/2020 11:31 AM
Beverley McGrew Walker
District Clerk
19-DCV-268373 Fort Bend County, Texas
Ana Alas
AFFIDAVIT SUPPORTING PLAINTIFF'S BILL OF EXCEPTION
A. Background:
a My name is Eric Burns. | live at NS Tread speak and
understand English.
Imet with Mr. James White to discuss the possible production of my invention; I
call the “Home Communicator” in February, 2016.
After my conversation with Mr. White, I had filed for a patent July 18, 2016.
Based on the facial expressions and the words of praise that I received from Mr.
White; I formed the opinion that: “Mr. White was very pleased with my
invention.”
The topics of my discussion with Mr. White; involved costs for producing a fully
functional prototype; my patent information; a licensing agreement; and
royalties.
Mr. White estimated the initial startup cost at ($30,000.00);
I then explained to Mr. White that I did not have that kind of money.
That is when Mr. White offered to pay for any applicable licensing fees; and, pay
me (15% - 20%) of the royalties in exchange for my intellectual property; ie. The
plans, drawings and diagrams for my invention.
I was initially very reluctant to simply give Mr. White my intellectual property;
on just a handshake and. Mr. White’s promises.
10. For about 20 minutes Mr. White tried to persuade me to give him my intellectual
property on just a promise and a handshake.
11. When that failed, Mr. White asked Mrs. Orr to draw up the letter of intent under
Mr. White's instructions;
12. Then Mr. White promised to have all the details of our verbal contract agreement
drawn up, after the prototype had been fabricated and tested.
13. Based on the statements made by Mr. White; I formed the opinion that Mr. White
would have a functional prototype within (6) six-months or before my patent
expired; and, that after Mr. White had produced and tested the prototype of my
invention, that Mr. White and I would then set down the details of our verbal
contract agreement; in writing.
14 But for Mr. White’s generous offer to: Pay for the initial startup costs; Pay for any
applicable licensing fees; Pay me 15% - 20% of the royalties; and, the letter of
intent; Where Mr. White offered to build a prototype of my invention, I would
ever have given Mr. White any information on my invention.
ROUTED TO COURT 9/29/2020 AA
RT'D TO D. CLERK 10/9/2020 AA
COPY
15. After that, Mrs. Orr and I were introduced to Mr. Ibarra. Mr. Ibarra took the
general description of my invention; loaded it up into a computer; and, produced
a three-dimentional diagram of my invention.
16. Then Mr. White reassured me that the project would be completed within six-
months. Mr. White and I shook hands on the deal; said our goodbyes; then Ms.
Orr and I left.
17. A few weeks later, | started feeling apprehensive about Mr. White and Mr.
Ibarra. For the first few months, Mr. White kept reassuring me that everything
was fine or going according to plan. Then, all of a sudden, Mr. White stopped
returning my emails or answering my phone calls; after I had reassured Mr.
White that I had given Mr. Ibarra all of my information for my invention.
18. I started sending emails to Mr. Ibarra. And, based on Mr. Ibarra’s responses, |
formed the opinion that Mr. Ibarra was waiting on money from Mr. White to
move forward on the project.
19 After that, Mr. Ibarra stopped returning my calls and stopped responding to my
emails.
20 Once I had lost all communication with Mr. White and Mr. Ibarra, I became very
upset.
21 Shortly thereafter I filed my claim against Mr. White claiming breach of contract;
on November 8, 2019.
Facts presented:
At the hearing on Defendant's Motion to Dismiss; the Court denied Defendant's
Motion; and, strongly suggested that I hire a lawyer; January 31, 2020.
I filed a Motion For Declaratory Judgment February 14, 2020.
I filed a Motion To Submit Evidence March 4, 2020.
My Motions were pending when I hired Jamal Hicks for ($1,000.00) One-
Thousand-Dollars. Mr. Hicks only accepted ($200.00) Two-Hundred-Dollars.
Mr. Hicks failed to present my pro se motions. And, specifically asked that they
be amended to reflect his representation.
Mr. Hick passed on presenting my Motion For Declaratory Judgment; on: March
20, 2020.
Isent a demand letter to Mr. Hicks and filed it with the Court on: July 15, 2020.
Mr. Hicks filed to withdraw after (4) four-months of doing nothing; on: July 22,
2020.
9 T objected on July 24, 2020.
10. Court allowed Mr. Hicks to withdraw; on: July 29, 2020.
11. Twas forced to re-amend my motions to remove Mr. Hick’s name.
12. My Motion For Declaratory Judgment based on §37.004 CPRC.
13. In my motion for declaratory judgment; I asked the Court to apply §37.004
CPRC, to letter of intent.
14. I specifically pointed to that part which reads: “...other writings constituting a
contract...”
15. And asked the Court if letter of intent was included in other writings
constituting a contract.
16. The Court said no.
Brief synopsis: I, Eric Burns, was offered ($30,000.00) Thirty-Thousand-
Dollars in services, which included the production of a fully functional
prototype of my invention; any licensing fees; and, 15% to 20% of the royalties,
by James White; in exchange for my INTELLECTUAL PROPERTY; to-wit: Any
and all Concept Drawings, Diagrams, Notes, Pictures, arid Plans for my
invention: “The Home Communicator.” This verbal contract agreement was
ratified, and recognized as binding on myself and Mr. White; at the signing of
the letter of intent;
The letter of intent, standing alone, represents a promise of a service to
be performed; by Mr. White: Either to (1.) Produce a functional prototype; or,
(2.) Obtain funding to produce a functional prototype; within (6) six-months;
or before my patent expired.
With the effect that the final details of the contract were to be set forth
in writing; after Mr. White had fulfilled his promise to produce a functional
prototype of my invention.
I, Eric Burns, do hereby solemnly swear that the foregoing is true and correct to
the best of my first-hand knowledge, information, and belief.
Ear D buwrs Sg Eo
(PRINT) (SIGNATURE)
SIGNED and SWORN to before me, the undersigned authority on this the
oe day of Sperm er 2020.
ee DORA MARTINEZ
Notary 1D #2229528
‘My Commission Expires
(NOTARY) \)
March 10, 2024
Preview
Filed 9/29/2020 11:31 AM Beverley McGrew Walker District Clerk 19-DCV-268373 Fort Bend County, Texas Ana Alas AFFIDAVIT SUPPORTING PLAINTIFF'S BILL OF EXCEPTION A. Background: a My name is Eric Burns. | live at NS Tread speak and understand English. Imet with Mr. James White to discuss the possible production of my invention; I call the “Home Communicator” in February, 2016. After my conversation with Mr. White, I had filed for a patent July 18, 2016. Based on the facial expressions and the words of praise that I received from Mr. White; I formed the opinion that: “Mr. White was very pleased with my invention.” The topics of my discussion with Mr. White; involved costs for producing a fully functional prototype; my patent information; a licensing agreement; and royalties. Mr. White estimated the initial startup cost at ($30,000.00); I then explained to Mr. White that I did not have that kind of money. That is when Mr. White offered to pay for any applicable licensing fees; and, pay me (15% - 20%) of the royalties in exchange for my intellectual property; ie. The plans, drawings and diagrams for my invention. I was initially very reluctant to simply give Mr. White my intellectual property; on just a handshake and. Mr. White’s promises. 10. For about 20 minutes Mr. White tried to persuade me to give him my intellectual property on just a promise and a handshake. 11. When that failed, Mr. White asked Mrs. Orr to draw up the letter of intent under Mr. White's instructions; 12. Then Mr. White promised to have all the details of our verbal contract agreement drawn up, after the prototype had been fabricated and tested. 13. Based on the statements made by Mr. White; I formed the opinion that Mr. White would have a functional prototype within (6) six-months or before my patent expired; and, that after Mr. White had produced and tested the prototype of my invention, that Mr. White and I would then set down the details of our verbal contract agreement; in writing. 14 But for Mr. White’s generous offer to: Pay for the initial startup costs; Pay for any applicable licensing fees; Pay me 15% - 20% of the royalties; and, the letter of intent; Where Mr. White offered to build a prototype of my invention, I would ever have given Mr. White any information on my invention. ROUTED TO COURT 9/29/2020 AA RT'D TO D. CLERK 10/9/2020 AA COPY 15. After that, Mrs. Orr and I were introduced to Mr. Ibarra. Mr. Ibarra took the general description of my invention; loaded it up into a computer; and, produced a three-dimentional diagram of my invention. 16. Then Mr. White reassured me that the project would be completed within six- months. Mr. White and I shook hands on the deal; said our goodbyes; then Ms. Orr and I left. 17. A few weeks later, | started feeling apprehensive about Mr. White and Mr. Ibarra. For the first few months, Mr. White kept reassuring me that everything was fine or going according to plan. Then, all of a sudden, Mr. White stopped returning my emails or answering my phone calls; after I had reassured Mr. White that I had given Mr. Ibarra all of my information for my invention. 18. I started sending emails to Mr. Ibarra. And, based on Mr. Ibarra’s responses, | formed the opinion that Mr. Ibarra was waiting on money from Mr. White to move forward on the project. 19 After that, Mr. Ibarra stopped returning my calls and stopped responding to my emails. 20 Once I had lost all communication with Mr. White and Mr. Ibarra, I became very upset. 21 Shortly thereafter I filed my claim against Mr. White claiming breach of contract; on November 8, 2019. Facts presented: At the hearing on Defendant's Motion to Dismiss; the Court denied Defendant's Motion; and, strongly suggested that I hire a lawyer; January 31, 2020. I filed a Motion For Declaratory Judgment February 14, 2020. I filed a Motion To Submit Evidence March 4, 2020. My Motions were pending when I hired Jamal Hicks for ($1,000.00) One- Thousand-Dollars. Mr. Hicks only accepted ($200.00) Two-Hundred-Dollars. Mr. Hicks failed to present my pro se motions. And, specifically asked that they be amended to reflect his representation. Mr. Hick passed on presenting my Motion For Declaratory Judgment; on: March 20, 2020. Isent a demand letter to Mr. Hicks and filed it with the Court on: July 15, 2020. Mr. Hicks filed to withdraw after (4) four-months of doing nothing; on: July 22, 2020. 9 T objected on July 24, 2020. 10. Court allowed Mr. Hicks to withdraw; on: July 29, 2020. 11. Twas forced to re-amend my motions to remove Mr. Hick’s name. 12. My Motion For Declaratory Judgment based on §37.004 CPRC. 13. In my motion for declaratory judgment; I asked the Court to apply §37.004 CPRC, to letter of intent. 14. I specifically pointed to that part which reads: “...other writings constituting a contract...” 15. And asked the Court if letter of intent was included in other writings constituting a contract. 16. The Court said no. Brief synopsis: I, Eric Burns, was offered ($30,000.00) Thirty-Thousand- Dollars in services, which included the production of a fully functional prototype of my invention; any licensing fees; and, 15% to 20% of the royalties, by James White; in exchange for my INTELLECTUAL PROPERTY; to-wit: Any and all Concept Drawings, Diagrams, Notes, Pictures, arid Plans for my invention: “The Home Communicator.” This verbal contract agreement was ratified, and recognized as binding on myself and Mr. White; at the signing of the letter of intent; The letter of intent, standing alone, represents a promise of a service to be performed; by Mr. White: Either to (1.) Produce a functional prototype; or, (2.) Obtain funding to produce a functional prototype; within (6) six-months; or before my patent expired. With the effect that the final details of the contract were to be set forth in writing; after Mr. White had fulfilled his promise to produce a functional prototype of my invention. I, Eric Burns, do hereby solemnly swear that the foregoing is true and correct to the best of my first-hand knowledge, information, and belief. Ear D buwrs Sg Eo (PRINT) (SIGNATURE) SIGNED and SWORN to before me, the undersigned authority on this the oe day of Sperm er 2020. ee DORA MARTINEZ Notary 1D #2229528 ‘My Commission Expires (NOTARY) \) March 10, 2024