FINAL JUDGMENT
FINAL JUDGMENT
Based on the Verdict, the evidence submitted and the pleadings of the parties, the Court is of the opinion that judgment should be granted in favor of William B. Waldroff and Applied Veterinary Genomics, Inc. and against Cytogenix, Inc. It is, accordingly,
ORDERED, ADJUDGED AND DECREED that the Crustacean ssDNA Vector License Agreement attached hereto as Exhibit A is a valid and subsisting agreement between Cytogenix, Inc. and William B. Waldroff;
ORDERED, ADJUDGED AND DECREED that the Equine ssDNA Vector License Agreement attached hereto as Exhibit B is a valid and subsisting agreement between Cytogenix, Inc. and William B. Waldroff,
The Court further finds that:
1. Cytogenix, Inc. breached the Crustacean ssDNA Vector License Agreement attached hereto as Exhibit A;
2. Cytogenix, Inc. breached the Equine ssDNA Vector License Agreement attached hereto as Exhibit B;
3. William B. Waldroff's future damages from Cytogenix, Inc.'s breach of the licenses would be speculative and uncertain;
4. the technology covered by the licenses is covered, at least in part, by United States patents; and
5. William B. Waldroff has no adequate remedy at law.
Based on these findings, the Court finds that permanent injunctive relief is appropriate and necessary. It is, therefore, further
ORDERED, ADJUDGED AND DECREED that Cytogenix, Inc. supply William B. Waldroff with its ssDNA vector for use with crustaceans within 45 days of ay written request therefore;
ORDERED, ADJUDGED, AND DECREED that Cytogenix, Inc. supply said ssDNA Vector for use with crustaceans at its direct laboratory expense plus 20%;
ORDERED, ADJUDGED, AND DECREED that Cytogenix, Inc. supply William B. Waldroff with its ssDNA vector for use with equines within 45 days of any written request therefore;
ORDERED, ADJUDGED, AND DECREED that Cytogenix, Inc. supply said ssDNA vector for use with equines at its direct laboratory expense plus 20%;
ORDERED, ADJUDGED AND DECREED that if Cytogenix, Inc. should fail to deliver its ssDNA vector for use with crustaceans at the ordered price, or fail to deliver the same within 45 days after written request, Waldroff is hereby granted the right to obtain supplies of ssDNA vector for use with crustaceans from third parties and Cytogenix is hereby enjoined from interfering with that process;
ORDERED, ADJUDGED AND DECREED that if Cytogenix, Inc. should fail to deliver ssDNA vector for use with equines at the ordered price, or fail to deliver the same within 45 days after written request, William B. Waldroff is hereby granted the right to obtain supplies of ssDNA vector for use with equines from third parties and Cytogenix is hereby enjoined from interfering with that process;
ORDERED, ADJUDGED AND DECREED that if Waldroff becomes authorized under this judgment to obtain the Cytogenix ssDNA vector from a 3rd party for any license, Cytogenix is ordered to provide, within fifteen (15) days of receipt of written notice of such election by Waldroff, and of his designation of a third party or parties, all relevant information and technical documentation reasonably necessary to enable the third party or parties to fully, properly and efficiently employ the Cytogenix ssDNA technology for production of the ssDNA vector, utilizing the sequences provided to that third party by Waldroff. At the time of providing such technological information, Cytogenix may obtain a reasonable confidentiality agreement from such third party or parties to safeguard Cytogenix' proprietary information, but nothing herein shall authorize or permit Cytogenix to delay providing such information within the time above-stated unless the third party refuses to execute such an agreement.
"The Court further finds that (i) this action was originally filed by Cytogenix, Inc. to have the technology licenses, and the existing sublicenses to Applied Veterinary Genomics, Inc. declared invalid, (ii) Cytogenix, Inc. sought attorneys fees therefor, (iii) the jury found both of the licenses to be valid, and (iv) the jury found that Cytogenix breached both licenses. In light of these facts, the court finds that it would be equitable and just for both William B. Waldroff and Applied Veteninary Genomics, Inc. to be awarded their reasonable attorney fees. It is, therefore, further
ORDERED, ADJUDGED AND DECREED that William B. Waldroff is hereby awarded reasonable attorneys fees as follows:
1. Forty-five Thousand Dollars ($45,000.00) through trial;
2. Twenty-five Thousand Dollars ($25,000.00) in additional fees in the event of an appeal to the Court of Appeals;
3. Ten Thousand Dollars ($10,000.00) in additional fees in the event of an appeal to the Texas Supreme Court; and
4. Five Thousand ($5,000.00) in additional fees in the event the Texas Supremem Court grants review; it is further;
ORDERED, ADJUDGED AND DECREED that Applied Veterinary Genomics, Inc. is hereby awarded reasonable attorneys' fees as follows:
1. Sixty-five Thousand Dollars ($65,000.00) through trial plus post-judgment interest thereon at the legar rate until paid;
2. Twenty-five Thousand Dollars ($25,000.00) in additional fees in the event of an appeal to the Court of Appeals;
3. Ten Thousand Dollars ($10,000.00) in additional fees in the event of an appeal to the Texas Supreme Court; and
4. Five Thousand Dollars ($5,000.00) in additional fees in the event the Texas Supremem Court grants review; It is further,
ORDERED, ADJUDGED AND DECREED that Cytogenix, Inc. take nothing against William B. Waldroff or Applied Veterinary Genomics, Inc.;
ORDERED, ADJUDGED AND DECREED that Plaintiff William B,. Waldroff and Applied Veterinary Genomics, Inc. are awarded:
1. All costs of court; and
2. post-judgment interest at the rate of 5 Per cent per anmum.;
3. such writs and processes necessary to enforce and collect this judgment.
This is a final judgment. Any relief not expressly granted herein is denied.
