Judge vacates $1.26B ruling against PepsiCo

By EMILY FREDRIX AP Food Industry Writer

MILWAUKEE (AP) - A judge is tossing out a decision - for now at least - that could have cost PepsiCo $1.26 billion after the soft drink maker didn't respond to a lawsuit claiming it stole the idea for bottled water.

The decision Friday by a Wisconsin court means PepsiCo will get its say in court - now that it has found out about the case.

Two men claim PepsiCo violated trade secrets and stole their idea to sell bottled water. A judge sided with them and gave them a default $1.26 billion judgment last month after the company didn't respond.

PepsiCo says it didn't respond for several reasons, including the fact that a secretary who received letters relating to the case failed to act on them.