Monster Energy Wins $293M Verdict Against Bang Energy, causing possible Bankruptcy
USA Herald ı By Catherine Davis
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"The first question is: Is super creatine, or creatyl L-Leucene — see I can rattle these things off now — is it creatine?" Tuominen told Law360. "There was not anybody in the room at any point that said 'yes'."
A highlight of the trial was Owoc's two-day appearance on the witness stand, where he verbally sparred with Monster's counsel and had much of his testimony stricken from the record.
Owoc often appeared to contradict himself, telling the jury super creatine is "by far" the greatest invention in the history of supplements, but is not responsible in any way for Bang's success. He also said no studies are needed to prove super creatine's effectiveness because it is a combination of the creatine molecule and the leucine molecule, both of which have been studied on their own. But he also suggested some studies are in the works.
He also insisted that he is a scientist despite holding no scientific academic degrees.
Owoc was often aggressive and pugnacious with Hueston, broadly accusing him of committing a "fraud on the court" when asked to read from documents or witness testimony without being allowed to read the entire document out loud. The comments were frequently stricken by Judge Bernal, who lectured him that he as judge decides "what is and is not against the law."
Many of the jurors often did not look directly at Owoc during his testimony, appearing uncomfortable with his attitude. At one point Owoc directly implored the jurors to "look at me" as he made a direct pitch to them, and some appeared to reluctantly turn their heads before looking away when he was finished speaking.
Tuominen said he would describe Owoc as "entertaining" but that his personality didn't impact the jury's deliberations much.
Bang and Owoc suffered several unfavorable rulings about admissible evidence both before and during the trial, which hamstrung their ability to counter the scientific results presented by Monster's witnesses.
Unable to present a study Judge Bernal ruled inadmissible because it was brought forward far after a deadline, Bang was left in the position of having to criticize the Monster studies while also pulling out elements from them that could be seen as favorable to VPX.
The trial is part of an increasingly bitter series of legal disputes that have broken out in the past few years between Monster and VPX, another chapter of which opened in Florida last month when Vital filed a suit of its own against Monster, asserting Monster ignored reports of "hazardous" ingredients and engaged in "trademark bullying."
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