Oncology Tech is a manufacturer of cancer therapy devices called compensators. CMS was a company that sold cancer treatment planning software for use in purchasing cancer treatment devices. In 2006, CMS and Oncology Tech entered into an oral contract to make Oncology Tech's compensators available for purchase using CMS software. The contract had no specified duration; it was agreed that it would be indefinite. Plaintiff filed suit against the defendants for breach of that contract in 2011. Defendants argued that the oral contract was unenforceable against them by operation of the statute of frauds.
The statute of frauds requires that any agreement that cannot be completed within one year must be in writing and signed by the person charged with performance. Neither party contends, nor has any evidence been produced indicating that the parties agreed upon a specific duration for the agreement. Do you think the court found that the plaintiff's action was barred by the statute of limitations? [Oncology Tech, LLC, Plaintiff, v. Elekta, Inc., A Wholly Owned Subsidiary Of Elekta AB; And Impac Medical Systems, Inc., 2013 U.S. Dist. LEXIS 189856 (2013).]