Michael Ho V. Marathon Patent Group, Inc. Et Al
Case Background
On January 14, 2021, Michael Ho, one of the founders of the cryptocurrency entity U.S. Bitcoin Corp., filed a breach of contract lawsuit against Marathon Patent Group, a cryptocurrency mining company based in Las Vegas, Nevada, for misrepresentation, unjust enrichment, and violating the terms of their Non-Disclosure agreement.
The case was subsequently removed from Riverside Superior Court to the United States District Court, California Central (Eastern Division – Riverside). The lawsuit was assigned to Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Sheri PYM. [Case number: 5:21cv339]
Cause
Damages
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Michael Ho
- Counsel for Plaintiff(s): David W Affeld | Gregg D Zucker | Adeline Leslie Black | Brian R England | Damion D. D. Robinson | Edward Eric Johnson
- Defendant(s): Marathon Patent Group, Inc. a Nevada corporation
- Counsel for Defendant(s): Brad Dennis Brian | Kimberly Marie Jansen | Todd R. Wulffson | Adelyn Mary Vigran | Arianna M. Scavetti | Desiree J Ho | Jeffrey Ying-Ting Wu | Jonathan D. Polkes | Lindsay Ann Ayers | Yehudah L Buchweitz | Zachary D. Tripp
Claims
First Cause of Action: Breach of Written Contract (Against MARA)
HO stated that he and MARA had entered into a written contract. The agreement prohibited MARA from using HO’s Proprietary Information without permission and prevented them from circumventing HO or failing to compensate him. HO had performed all obligations, and any failure to perform was due to MARA’s refusal to engage meaningfully after HO shared information about Beowulf. MARA breached the contract by using HO’s information without authorization and entering a deal with Beowulf without compensating HO. As a result, HO suffered damages exceeding $30,000,000.
Second Cause of Action: Breach of Implied Contract (Against MARA)
Alternatively, HO argued that an implied contract had existed. HO had provided information to MARA, expecting compensation for its use. MARA’s acceptance of the information created an implied agreement to pay. By using HO’s information without permission and entering a deal with Beowulf, MARA breached this implied contract.
Third Cause of Action: Quasi-Contract (Against MARA)
Alternatively, HO claimed that a quasi-contract had arisen because MARA knowingly used his proprietary information and benefited without compensating him. Retaining these benefits without restitution would have been inequitable.
Fourth Cause of Action: Services Rendered (Against MARA)
HO asserted that MARA owed him for services provided, which had benefited the company but were unjustly retained without compensation.
Fifth Cause of Action: Intentional Interference with Prospective Economic Relations (Against All Defendants)
HO alleged that Defendants had intentionally interfered with his prospective relationship with Beowulf. By breaching confidentiality and entering a deal with Beowulf, Defendants disrupted HO’s expected benefits, causing him harm.
Sixth Cause of Action: Negligent Interference with Prospective Economic Relations (Against All Defendants)
Alternatively, HO claimed that Defendants had negligently interfered with his economic advantage by failing to act with reasonable care, directly causing harm to his relationship with Beowulf.
Defense
Jury Verdict
On July 18, 2024, the jury unanimously found that Marathon Patent Group had breached the contract and the breach was the direct cause of Ho’s harm. The jury awarded Ho $138 million in damages. Further, the jury rejected the unclean hands claim alleging that Ho had indulged in inequitable conduct.
Court Documents:
Available upon request
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