AmiCOUR IP Group
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Bottle Bonanza?
Pepsico Default Judgment
Tops $1 Billion

October 28, 2009 - A Wisconsin state court has awarded a default judgment to Charles Joyce and James Voigt after they sued the soft drink maker claiming it’s distributors had misappropriated trade secrets related to selling purified water. They alleged that information was illicitly passed to PepsiCo and used to launch its Aquafina brand of purified water.  PepsiCo failed to appear in the Wisconsin court but now appears to be scrambling to overturn the $1.26 billion judgment.  Attorneys for the named Pepsico distributors did make appearances in June and July.  Now PepsiCo’s attorneys appear to be arguing “improper” service to a registered agent in North Carolina as the explanation of why it never heard about the case.  Other arguments are expected to include expiration of the statute of limitations and due process concerns related to the size of the damage calculation.