I am an assignee of a patent application made by the assignor. As per the MOU, I had to incorporate a company and to pay the first instalment and after that, on mutual terms, had to execute sharholder agreement (SHA) with the assignor whereby sharing the percentage of holding in the company. Theerafter I had to pay 2 instalment within 3 months of that SHA. The assignor also has to provide working model of said patent and to provide training to employees of the company.
I paid 1 instalment and then 2 instalment within 1-2 months but since assignor did not come to negotiate neither provide working model and to impart training to employees I couldn't execute SHA.
Now assignor wants injunction on my manufacturing and also wants his patent back.
I worked on the model and now has started manufacturing.
I am ready to give him shares but he has to pay me for delay due to unavailability of working model and want of training to employees.
Can he succeed?