Complaint Review: America Invents LLC - San Francisco California

Regarding:  #454729 - False report against America Invents and Bill Seidel

Gerard Sunnens report of breach of contract is false, fabricated and damaging.  It is hard to briefly respond to so many false accusations so Ill provide a brief overview and if you care to read the dirty details, item by item in response to his false report, they follow.  

Brief Overview:  I first refer you to our former clients conduct as he was found guilty of fraud, lying under oath to the State of New York[1] and drugging and raping his psychiatric patients. He was stripped of his medical license and this is relevant (in addition to being despicable) because he retained us to represent a medical product concept that required medical testing and medical claims. Concealing the revocation of his medical license caused serious credibility issues for our efforts and his concept. 
http://w3.health.state.ny.us/opmc/factions.nsf/cd901a6816701d94852568c0004e3fb7/e45025273d2f9d2d85256a4a0047f1f1/$FILE/ATT4BSG6/lc107435.pdf

This is an attack against my company and a personal attack against me because I confronted Mr. Sunnen about his criminal record and falsely portraying himself as a licensed doctor. 

We responded in detail to his attorney in an attempt to mediate.  When we provided the language in the Agreement and the dated e-mails (evidence he lied), his attorney stopped representing him, the Better Business Bureau (BBB) found in our favor and I expect you and your readers will recognize the truth as well.

In this correspondence I provide e-mails from Gerard Sunnen, in his own words that contradict his report to you.  These e-mails are dated and state his thoughts at the time.  He provides no evidence to support his claims because there is none however we provide his e-mails (below) that prove his claims to be false, in his own words.  For example, it is false for him to claim After 3 months, Mr. Seidel did not understand the product when at month 2 his e-mails state, The brochure you sent me is great, I thank you, it describes the product really well. Everything in it is accurate and to the point. I have solid confidence in you.

In our 28 year history, we have achieved a lot of success with $1.5 billion in product sales, we are referred by leading publications and speak at some of the best universities and professional organizations.  We honestly do our best to achieve success for every project we accept.  We cant succeed with every project but we find out why and we make corrections based on our findings. Often we regroup and redefine the project.  If it means appropriate medical testing then we can facilitate that.  If it means redesign or additional protection then we can assist in those efforts.  But in all situations we must be straight with our clients, even if they dont like it.

If I wanted to compile the worst case of bile and damning evidence against someone I couldnt top what the State of New York already did when they revoked his medical license by saying that he showed, a willful disregarded of the basic fundamentals, a cavalier disregard of appropriate standards and demonstrated an inexcusable lack of insight. We are simply agreeing with the State of New York because he displayed some of the same conduct with us. 

After he terminated the Agreement early (breach) he contacted our contacts expecting to structure a deal (breach).  Two months later, when that didnt work, he directed his attorney to mediate a resolution.  He expressed six concerns, none were true or ever voiced to us.  We replied item by item (as I have below) and provided the materials, updates, sited Paragraphs of his breach as well as the relevant e-mail records. 

When we responded, his attorney admitted that Sunnen breached the agreement and lied to him as well and he stopped representing him.  Sunnen had legal recourse but his attorney advised him that he would lose so he filed a false complaint with the BBB.  When the BBB considered the evidence they closed it as resolved.  Then he filed a false report with the Ripoff Report.  There is only one reason why he would do this rather than seek legal restitution his allegations were false, he had no evidence and he knew he would lose. 

Claim #1 Sunnen presents no evidence of fraud nor cited paragraphs of breach in his report to you.  There are no e-mails or contract paragraphs that support his claims.  In all of his e-mails, calls and correspondence he never voice any concerns and he has no record of concerns during the Agreement. 

It is ironic that he would claim clearly fraudulent when he was found guilty of fraud by The State of New York (Order # ARB 96-48)[2].  He also repeatedly lied to the Medical Review Board as he is lying in his report to you.

He breached the Agreement as his attorney affirms, good faith (Paragraphs 2, 10 and 23), prohibited from contacting accounts (Paragraph 2 Appointment, and Paragraph 5 Protection Period), early termination during a non-cancellable term (Paragraph 4 and 19 Termination) and breach of Dispute Resolution (Paragraphs 13 and 14).

We abided by the Agreement, provided print materials to his approval and confidence, provided updates and more than regular contact.  We got an audience with leading companies to consider this concept.  The feedback was a poor prototype, no testimonials, no medical claims and no tests. 
To overcome these problems we went above and beyond the required services and structured a deal with a leading sleep lab who agreed to test and develop the product (at their cost) and publish the studies.  All of this met with Sunnens approval in advance.  He directly contacted the research lab (breach) and cancelled the Agreement with us early (breach).  He had free medical testing, a potential manufacturer and he sabotaged his own project.

Claim #2 - As per the Agreement he signed Paragraph 10 is titled, NO PROMISE OF SUCCESS (in caps).  We are very clear that the areas of product development are high risk.  For him to make this statement of great promises of success when the agreement he signed and initialed states the opposite, makes his claim false. Paragraph 10 states:

10. NO PROMISE OF SUCCESS.  Client acknowledges that due to the inherent nature of technological innovations and the risk associated with bringing such innovations to the marketplace, no prospective licensee or buyer may desire to enter into a license or transfer agreement on terms acceptable to Client during the Term of this Agreement. 

Claim #3 His claim is false, he states, After 3 months, it became clear that Mr. Seidel did not understand the product at all when at 2 months we were contacting companies with the print materials he approved.  At month two, he stated, I have solid confidence in you. The brochure you sent me is great, (he bolded the copy) I thank you, it describes the product really well. Everything in it is accurate and to the point.

How could we have no understanding of the product concept after 3 months as he claims, when at 2 months he says our understanding is great and accurate?  You can see his response on May 20, 2008 (Agreement signed March 19, 2008).  His own words prove his report to be false:

From: GSunnen
Sent: Tuesday, May 20, 2008 10:48 AM
To: Bill Seidel
Subject: Re: Delta Wave

 Dear Bill,
The brochure you sent me is great, I thank you, it describes the product really well. Everything in it is accurate and to the point.
I have solid confidence in you.
Gerry

The truth is that we understood the product concept very well, as he said.  We knew the shortcomings of the prototype, the testing that was needed and the level of interest and concerns from the companies that we contacted.  We had a very good understanding of the position in the marketplace for his concept.  Dr. Sunnen knew his accusations were false and he maliciously fabricated this false report to you. 

Claim #4 Mr. Sunnen canceled the Agreement in the fifth month so there was nothing after 6 months.  We provided everything required including five update reports and two detailed reports. When we provided this information to his attorney he stopped representing him.

He knew the companies that expressed interest and he knew the status of the project at all times.  He admits contacting these companies (breach) while at the same time he claims we didnt provide the company info.  You see below, he has no concern at 3.8 months while agreeing with our strategy and he is satisfied with the progress:

From: GSunnen
Sent: Friday, July 04, 2008 1:24 PM
To: Bill Seidel
Subject: Re: contact information

Bill, good idea about Respironics, contacting Donald Spence. I agree with you about the attorneys there, all they want, it seems, is to protect themselves.
Have a Good Fourth,
Gerry

As per Paragraph 2, he is to have no contact with any accounts and he admits he repeatedly violated the agreement by contacting these accounts (breach). 

"2.  APPOINTMENT. . . During the Term of this Agreement, Client shall not deal with any person or potential licensee or buyer concerning the Intellectual Property Rights or Product without express written consent from Agent.  His claim to you is again false." 

Claim #5 There is no extensive data, (attached is his two page report), it is not from a sleep laboratory and it does not clearly show its beneficial effects. His own report states its, inconclusive, an informal and in-house study, preliminary, a small sample size, no statistical significance and not for the purpose of publication. As a medical product it must make medical claims the claims must be proven and approved by the FDA as a 510(k) medical device. There is no research from which to make medical claims and certainly no extensive research.  His statements on your web site are again false. 

Claim #6 The Better Business Bureau responds to all complaints by mail as well as e-mail in a concise and administrative manner.  The BBB read our response, recognized the evidence and found that he lied throughout.  Mr. Sunnen could not and did not reply with any evidence or support for his false claims so the BBB dismissed his complaint and closed the case.  It wasnt because the BBB had the wrong number its because Sunnen had no evidence. 

Claim #7 The truth is that we offered to accept his project at no cost. It was his decision to reject that offer and pay America Invents.  We did a lot of work on this project, he was satisfied throughout the process and we were willing to continue at no cost.  In the three years that have lapsed absolutely nothing has happened with his concept.  So regarding his lost invaluable time, there is none.  His claim to you is false. 

Summary: Gerard Sunnen has been proven guilty of fraud and lying under oath to the State of New York.  He is angry with us for confronting his criminal record and he retaliates with false and libelous claims.  There is no substance to his report and no facts to support his false accusations.  If there was any substance to his report he would have real legal recourse instead of false internet accusations. 

Mr. Sunnens e-mails contradict his claims in his report to you.  It is false for him to claim After 3 months, Mr. Seidel did not understand the product when at month 2 we were using the print materials Sunnen approved and at the time he stated, I have solid confidence in you, Everything in it is accurate and to the point.  It is false for him to claim great promises of success when the Agreement he signed states NO PROMISE OF SUCCESS. The report was two pages but no extensive data, not from a sleep laboratory and it does not clearly show its beneficial effects.  All you need to do is review the two page study (not research) that Sunnen claims is extensive research and it is clear he is lying, as the study states: it is informal, preliminary, not conclusive and not for publication.  It is not extensive data and the only thing it clearly shows is that further study is needed.  His report to you is false. 

When we provided the language in the Agreement and the e-mails (evidence that he lied), his attorney stopped representing him, the BBB found in our favor and I expect you and your readers will recognize the truth as well. 

What Mark Twain said about reading the newspaper also applies today to the internet:

If you dont read the newspaper you are uninformed.
If you do read the newspaper you are misinformed.

I hope this helps to give you a better understanding of America Invents and myself.  I thank you for considering the facts of this report on your web site. 

Sincerely,
Bill Seidel
Owner
America Invents

[1] it was clearly stated by the ADMINISTRATIVE REVIEW BOARD DETERMINATION AND ORDER ARB 96-48 Details and hard copies of the revocation of Gerard Sunnens medical license can be seen here:  http://w3.health.state.ny.us/opmc/factions.nsf/cd901a6816701d94852568c0004e3fb7/e45025273d2f9d2d85256a4a0047f1f1/$FILE/ATT4BSG6/lc107435.pdf  Office of Professional
Medical Conduct, New York State Department of Health, Empire State Plaza, Corning Tower, Room 438, Albany, New York 12237 

[2] http://w3.health.state.ny.us/opmc/factions.nsf/0/e45025273d2f9d2d85256a4a0047f1f1/$FILE/ATT4BSG6/lc107435.pdf

ADMINISTRATIVE REVIEW BOARD DETERMINATION AND ORDER ARB 96-48