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1 in the United States District Court for The Case 2:06-cv-00003-TJW Document 3 Filed 01/26/06 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS ) GENERAL MILLS, INC., ) ) Plaintiff, ) Civil Action No. 2-06CV-003 ) v. ) ) HOM/ADE FOODS SALES, INC., ) JURY ) Defendant. ) ) ) ) FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT General Mills, Inc. (“General Mills”) for its cause of action against Defendant Hom/Ade Foods Sales, Inc., states and alleges as follows: 1. General Mills is a Delaware corporation with its principle place of business at Number One General Mills Boulevard, Minneapolis, Minnesota 55426. 2. Upon information and belief, Defendant is a Florida corporation with its principle place of business at 4641 Forsyth Street, Bagdad, FL 32530. 3. Upon information and belief, Defendant sells, has sold, offers to sell, and has offered to sell its products within this judicial district. 4. This Court has jurisdiction over this Complaint and over this action pursuant to 28 U.S.C. § 1338(a), in that this action arises under the Acts of Congress relating to patents, 35 U.S.C. § 101 et seq. 5. Venue is proper in this district under the provisions of 28 U.S.C. §§ 1391(b) and (c) and 1400(b). 1 MP3 20165512.1 Case 2:06-cv-00003-TJW Document 3 Filed 01/26/06 Page 2 of 4 6. On July 20, 1991, United States Letters Patent No. 5,035,904 (the “’904 Patent”) entitled “Starch-Based Products for Microwave Cooking or Heating” was duly and legally issued to The Pillsbury Company, as assignee of the inventors, Victor T. Huang, R. Carl Hoseney, Ernst Graf, Katy Ghiasi, Linda C. Miller, Jean L. Weber, Karin C. Gaertner, Kristin L. Matson, Antoinette M. Hunstinger, Deborah K. Rogers, and Israel A. Saguy. A copy of the ’904 Patent is attached hereto as Exhibit A. 7. On July 18, 2000, United States Letter Patent No. Re. 36,785 (the “’785 Patent”) entitled “High Fat Biscuit Mix and Products Resulting Therefrom” was duly and legally reissued to The Pillsbury Company, as assignee of the inventors, Cynthia A. Colson and Gregg J. Moder. A copy of the ’785 Patent is attached hereto as Exhibit B. 8. General Mills, as assignee of The Pillsbury Company, is the owner of record of the ’904 Patent and the ’785 Patent (collectively, the “patents-in-suit”). 9. Defendant has made, offered to sell, imported, used and/or sold in this judicial district and elsewhere in the United States biscuits, including Mary B’s Microwave Buttermilk Biscuits, Mary B’s Microwave Southern Made Biscuits, Mary B’s Microwave Butter Taste Biscuits, and Mary B’s Buttermilk Biscuits, that directly, contributorily, or by inducement infringe one or more of the claims of the patents-in-suit. 10. The infringement by Defendant of the patents-in-suit has injured General Mills and will cause irreparable injury and damage in the future unless Defendant is enjoined from infringing said patents. 11. General Mills has given notice to Defendant of the patents-in-suit by marking General Mills biscuit products in compliance with 35 U.S.C. § 287. 2 MP3 20165512.1 Case 2:06-cv-00003-TJW Document 3 Filed 01/26/06 Page 3 of 4 12. Upon information and belief, Defendant has had for some time, as a result of General Mills’ marking of its biscuit products, actual knowledge of the patents-in-suit and has willfully, deliberately, and intentionally infringed the claims of said patents. 13. A jury trial is demanded on all issues so triable, pursuant to Rule 38 of the Federal Rules of Civil Procedure. WHEREFORE, General Mills prays for judgment as follows: a. That Defendant has infringed the patents-in-suit; b. That Defendant and its respective agents, servants, officers, directors, employees and all persons acting in concert with them, directly or indirectly, be temporarily and permanently enjoining from infringing, inducing others to infringe, or contributing to the infringement of the patents-in-suit; c. That Defendant be ordered to account for and pay to General Mills the damages to which General Mills is entitled as a consequence of the infringement of the patents-in-suit; d. That such a post-judgment equitable accounting of damages be ordered for the period of infringement of the patents-in-suit following the period of damages established by General Mills at trial; e. That such damages be trebled for the willful, deliberate and intentional infringement by Defendants as alleged herein in accordance with 35 U.S.C. § 284; f. That General Mills be awarded its costs and attorney’s fees herein in accordance with 35 U.S.C § 285; and g. That General Mills be awarded such other and further relief as the Court may deem just and equitable. 3 MP3 20165512.1 Case 2:06-cv-00003-TJW Document 3 Filed 01/26/06 Page 4 of 4 Dated: January 26, 2006 LAW OFFICE OF RICKEY L. FAULKNER, P.C By: _/s/Rickey L Faulkner___ Rickey L. Faulkner SBN No. 06857095 P.O. Box 3367 Longview, TX 75606 Phone: (903) 248-8246 Facsimile: (903) 248-8249 [email protected] Ronald J. Schutz David B. Zucco Robins, Kaplan, Miller & Ciresi L.L.P. 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402 Phone: (612) 349-8500 Facsimile: (612) 339-4181 ATTORNEYS FOR PLAINTIFF GENERAL MILLS, INC. 4 MP3 20165512.1 .
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