Good news for Pepsico: the lawsuit two Wisconsin men filed, accusing the company of stealing from them the idea that eventually became Aquafina, will have to be judged on its actual merits. The default judgment of $1.26 billion that they received when Pepsi failed to acknowledge the suit has been vacated.

At a hearing Friday, PepsiCo attorney Dean Panos argued that Erwin should vacate her prior order because Wisconsin law disfavors default judgments. Panos also argued that since the case had barely begun, the plaintiffs would not be harmed, and that no default judgment can stand if the underlying complaint is defective.

The men allege that Pepsi stole their proprietary idea for purifying and selling tap water, and turned it into the inexplicable success that is Aquafina.

Judge scraps $1.26 billion judgment against Pepsi [Journal Sentinel] (Thanks, Emily!)

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