Vojdani, Dr. Aristo et al. v. Kellermann, Gottfried et al.

Filing 357

SECOND AMENDED JUDGMENT in favor of plaintiffs Aristo Vojdani and Immunosciences Lab, Inc. against defendants Neuroscience, Inc. and Pharmasan Labs, Inc. in the amount of $204,000.00; plus prejudgment interest on the original $17,000 damage award; post-judgment interest on the original damage award at a rate of 0.30%; prejudgment interest in the amount of $38,179.17 on the stipulated damage award pertaining to the modification issue from the partial new trial; and post-judgment interest on the stipulated damage award at a rate of 0.12%. (WMC/PAO) (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DR. ARISTO VOJDANI and
IMMUNOSCIENCES LAB, INC.,
a California corporation,
Plaintiffs,

v.

SECOND AMENDED
JUDGMENT IN A CIVIL CASE
Case No. 10-cv-37-wmc

PHARMASAN LABS, INC.,
a Wisconsin corporation,
and NEUROSCIENCE, INC.,
a Wisconsin corporation,
Defendants.
This action came before the court and a jury with District Judge Barbara B. Crabb
presiding. The issues were tried and the jury rendered its verdict in the amount of
$1,182,230.
Judge Crabb granted defendants' motions for judgment as a matter of law as to
plaintiffs' claims related to unauthorized use of customer lists and unauthorized use of the
testing methods for T&B Cell Function, Stimulated Cytokines and Natural Killer Cells,
reducing the jury's original damage award to $17,000.00 plus prejudgment interest. Judge
Crabb also granted plaintiffs' motion for a new trial on a component of its breach of contract
claim: whether defendants were obligated by contract to pay for laboratory-developed assays
on an invoice basis or, because of later contract modification, on an income basis.
The issue of modification came for consideration before the court with District Judge
William M. Conley presiding. The issue having been considered and a decision having been
rendered by a second jury finding a modification as of December 31, 2007, and the parties
having stipulated to a damage award of $187,000 for breach of this modified contract,

IT IS ORDERED AND ADJUDGED that final judgment is entered in favor of plaintiffs
and against defendants in the total amount of $204,000 plus prejudgment interest on the
I
original $17,000 damage award; post-judgment interest on the original damage award at a
rate of 0.30% in accordance with 28 U.S.C. § 1961; prejudgment interest in the amount of
$38,179.17 on the stipulated damage award of $187,000 pertaining to the modification issue

from the partial new trial; and post-judgment interest on the stipulated damage award at a
rate of 0.12% in accordance with 28 U.S.C. § 1961.

Approved as to form this

/2tl day of December, 2011.

Eth0~

Peter Oppeneer
Clerk of Court

Date