- Case No. 09-CV-5812 RS (PVT)
W i n s t o n & S t r a w n L L P
1 0 1 C a l i f o r n i a S t r e e t S a n F r a n c i s c o , C A 9 4 1 1 1 - 5 8 0 2
Plaintiffs file this Amended Complaint pursuant to the Court’s order of August 24, 2010.
Starting in the fall of 2008, Defendant Fusion Garage Pte. Ltd. and PlaintiffsTechCrunch, Inc. and CrunchPad, Inc. worked together to develop and market a low-cost, touch-screen tablet computer called the CrunchPad.2.
Fusion Garage led Plaintiffs to believe that they were collaborators working earnestlyon a common joint venture. This turned out to be false.3.
At some point, and certainly by September 2009, Fusion Garage secretly decided to“divorce” itself from Plaintiffs. On November 17, 2009, seemingly “out of the blue,” as it claimed,Fusion Garage unilaterally cancelled the joint venture between itself and Plaintiffs, announcing thatit would exploit for its sole benefit the CrunchPad business and all that the parties had done together,thus cutting Plaintiffs out of the project and its rewards.4.
In a communication to the public relations firm orchestrating the divorce, FusionGarage acknowledged having “
” Plaintiffs, confided that it was getting harder to “
,” and predicted “
a massive blowup
” upon Plaintiffs’ receipt of its November 17, 2009cancellation email. Later, Fusion Garage dismissed concerns of its public relations firm about legalaction by explaining “everything [had] been verbal” and nothing “shared via email etc.”5.
Fusion Garage and Plaintiffs were joint venturers. Fusion Garage breached itsfiduciary duty to Plaintiffs with malice, “stringing along” Plaintiffs with fraudulent promises anddeceitful conduct so it could usurp the CrunchPad business for itself. Plaintiffs bring this suit to seek redress for Fusion Garage’s malicious misconduct.
TechCrunch, Inc. is a Delaware corporation with its principal place of business withinthis District. The Plaintiff formerly known as Interserve, Inc. has changed its name to TechCrunch,Inc. TechCrunch has developed a widespread reputation as a publisher of a network of technology-oriented blogs and other web properties and as a sponsor of forums and conferences to highlight newtechnologies and the companies that are spawning them.
Case3:09-cv-05812-RS Document167 Filed09/13/10 Page2 of 24