Response: Berg

Response

Mail Stop 24
U.S. Patent and Trademark Office
Inventor’s Assistance Program
P.O. Box 1450
Alexandria, VA 22313-1450

Re: Reply to Complaint of Lennart Berg dated 03/20/09, published March 2010

Dear Sir or Madam;

This letter is to address the complaints raised by Lennart Berg against Davison, Design and Development, Inc. (Davison).  We at Davison take pride in our work and endeavor to provide our clients with the highest level of service.  As such, any concerns expressed by our clients are taken seriously and we will work to resolve any justifiable conflict.  In his complaint, Mr. Berg states that Davison designed, developed and produced a prototype of his concept, a wiggle free table, which did not precisely match his initial conception of how the table should be constructed.

On or about November 29, 2006, Mr. Berg entered into a written contract with Davison for the pre-development services regarding his idea.  This work was performed according to the terms of the contract and Mr. Berg received the benefits of those services.  Apparently satisfied with Davison, on or about April 11, 2007, Mr. Berg entered into a separate contract for the development of a product sample.  In relevant parts, this agreement included the following:

1. The design process often results in modifications and enhancements, which are sometimes substantial, to the proposed solution submitted by Inventor, particularly if Inventor's proposed design is not a cost-effective solution.
2.  Davison reserves the right to redesign the product to take advantage of a cost effective solution to reflect current manufacturing technique.
3. Inventor acknowledges that there have been no representations by Davison ... that the design to be created by Davison will function in the manner and with the attributes as originally conceived by Inventor.

 Mr. Berg made a partial payment of the agreed contract price to allow the design process to begin.  When the design was completed, it was submitted to Mr. Berg for his approval.  Mr. Berg expressed his concerns regarding the design and Davison offered to redesign the product.  Mr. Berg refused to proceed with a redesign, refused to fulfill his payment obligation, and terminated his relationship with Davison.

 Records documenting the details in this response are available.   In summary, Mr. Berg did not contract Davison simply to construct his table as he had initially conceived.  He contracted for specific design and development services which were performed, albeit not to his total satisfaction.  Davison offered to redesign his product; however Mr. Berg declined to further pursue his product's development.  Davison’s conduct in the handling of this situation was at all times prompt, respectful and professional.

 Sincerely,

 

/s/ Frank Vescio                                                             /s/ David M. DeMay

President                                                                       Patent Counsel

Davison Design and Development, Inc.                             Davison Design and Development, Inc.