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ALBERT H. BIESER, NEUROGENESIS INC. and NATURAL NEURO NUTRITION, INC. Plaintiffs V. THOMAS CHMIELEWSKI and NATURAL DISTRIBUTORS INTERNATIONAL, INC. Defendants |
| | | | | | CASE NO. H-98-1287 | | JURY TRIAL DEMANDED | | | | | |
FINAL JUDGMENT
On September 10, 1998, the application of
Albert H. Bieser ("Bieser") NeuroGenesis, Inc. ("NG1") and Natural Neuro
Nutrition, Inc. ("3NI), plaintiffs, for default judgment against Thomas
Chmielewski and Natural Distributors, Inc. was considered. Thc plaintiffs
appeared in person and by their attorney of record and announced ready for
trial. The defendants, although having been duly and legally cited to appear and
answer and although duly informed and notified of the hearing scheduled for
consideration of the application, failed to appear and answer the merits of the
plaintiffs' claims in issue and wholly made
default.
Citation was served according to law
and returned to the clerk where it remained on file for the time required by
law. Notice of the application for default was served according to law. The
defendants had actual knowledge of the complaint flied by plaintiffs, of the
application for default and of the hearing on the application. The Court has
read the pleadings and the papers on file, and is of the opinion that the
allegations of plaintiffs' complaint have been admitted and that the liability
of the defendants is established as a matter of
law.
On good and sufficient evidence presented
the Court finds:
1. Defendants, jointly and severally, are liable
to plaintiffs in the amount of $6,403,224.59 for patent infringement, commercial
misrepresentation and business defamation;
Final Judgment
Page 1
2. Defendant Chmielewski is liable to Bieser in the amount
of $ $100,000.00 for libel and slander;
3. Defendant Chmielewski is
liable to NGI in the amount of $101,697.92. for conversion.
4.
Defendant Natural Distributors, Inc. is liable to NGI in the amount of
$10,,575.00 the breach of contract;
5. Defendants, jointly and
severally, have in the past infringed and are now infringing on Plaintiffs'
patent rights by making, selling and using or causing to be made, used or sold
products embodying the patents owned by Plaintiffs as set forth on Exhibit "A"
attached hereto and incorporated herein for all purposes and will continue to do
so unless enjoined by the Court. Such activities will cause irreparable injury
to the Plaintiffs.
6. Defendants, jointly and severally, have in
the past made and are continue to make, communicate or publish or cause to be
made, communicated or published, disparaging remarks concerning the validity or
ownership of the Patents, the corporate ownership of the corporate plaintiffs,,
the effectiveness of products utilizing the Patents or the business acumen or
character of Albert Bieser and will continue to do so unless enjoined by the
Court. Such activities will cause irreparable injury to the
Plaintiffs.
7. Defendants, jointly and severally, have in the past
made and continue to make numerous misrepresentations concerning the nature,
characteristics and qualities of the products marketed and sold by the
Plaintiffs as set forth on Exhibit "B" attached hereto and incorporated herein.
for all purposes and will continue to do so unless enjoined by the Court. Such
activities cause irreparable injury to the Plaintiffs.
8. Defendant
Chmielewski issued and signed NGI stock certificate nos. 1807, 1816, and
1820-1824 without proper authorization.
IT IS, THEREFORE, ORDERED,
ADJUDGED, AND DECREED' that Plaintiffs Albert Bieser, NeuroGenesis, Inc. and
Natural Neuro Nutrition, Inc. have and recover of and from defendants, as
follows:
1. Damages against Natural Distributors, Inc. and Thomas
Chinielewski, jointly and severally, in favor of plaintiffs NGI and 3N1 arising
from patent infringement, commercial misrepresentation and business defamation
in the sum of $6,403,224.59 plus prejudgment interest at 10%.
Final Judgment
Page 2
2. Damages against Thomas Chmielewski in favor of Albert
Bieser libel and slander in the amount of $100,000.00.
3. Damages
against Thomas Chmielewski for conversion in the amount of
$116,657.92
4. Damages Natural Distributors Inc. in favor of by
plaintiff NGI arising from breach of contract in the sum of
$101,575.00
5. Declaratory judgment that the stock of NeuroGenesis,
Inc. which was issued and/or signed by Defendant Chmielewski represented by
certificate nos. 1807, 1816, and 1820-1824 was issued and signed without proper
corporate authorization and is therefor invalid;
6. Defendants
Thomas Chmielewski and Natural Distributors, Inc., their officers, agents,
servants, employees, attorneys and those persons in active concert or
participation on with them who receive actual notice of the Final Judgment by
service or otherwise, are hereby RESTRAINED AND ENJOINED, from and after the
date hereof until the date that the United States Letters Patent No.4,761,429
(August 2, 1988) and "Treatment of Cocaine Addiction", U.S. Patent No. 5,189,064
(February 23, 1993) (the "Patents") are terminated or may be canceled by the
United States Patent and Trademark Office for failure to. pay a maintenance fee,
from directly or indirectly infringing upon any claims of the Patents by making
using, or selling or causing to be made, used or sold the adjudged infringing
materials as set forth on Exhibit "A" attached hereto and incorporated herein
for all purposes and any colorable differences or imitations
thereof.
6. Defendants Thomas Chmielewski and Natural Distributors,
Inc, their officers, agents, servants, employees, attorneys and those persons in
active concert or participation with them who receive actual notice of the Final
Judgment by service or otherwise, are hereby RESTRAINED AND ENJOINED, from and
after the date hereof, from making, communicating or publishing or causing to be
made, communicated or published, disparaging remarks concerning the validity or
ownership of the Patents, the corporate ownership of the corporate plaintiffs,
the effectiveness of products utilizing the Patents or the business acumen or
character of Albert Bieser.
7. Defendants Thomas Chmielewski and
Natural Distributors, Inc., their officers, agents, servants, employees,
attorneys and those persons in active concert or participation with them who
receive actual notice of the Final Judgment by service or otherwise, are hereby
RESTRAINED AND ENJOINED, from and after the date hereof from directly or
indirectly utilizing the testimonials, advertising and Trade Dress owned by NGI
and/or 3NI associated with sales of the products as set forth on Exhibit "B"
attached hereto and incorporated herein for all purposes and any colorable
differences or imitations thereof.
8. Judgment for exemplary
damages against the Defendants, jointly and several1y in an amount
Final Judgment
Page3
of $500,000.00 Dollars ($500,000.00);
10. Judgment for
postjudgment interest on the above at tile rate of 5.271 percent (5.271%) per
annum from the dale of this judgment until paid.
11. Judgment against
all defendants, jointly and severally, for court costs.
12. Judgment
against all defendants, jointly and severally for reasonable and necessary
attorney's fees in the amount of $ 45,000.00
13. Any relief not
granted herein is denied.
Dated: at 10:00 AM.
Signed:
David Hittner
United States District
Judge
Final Judgment
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