1 William C. Rooklidge (SBN 134483) Martha K. Gooding (SBN 101638) 2 Ben M. Davidson (SBN 181464) Gregory S. Cordrey (SBN 190144) 3 HOWREY LLP 4 Park Plaza, Suite 1700 4 Irvine, California 92614 949-721-6900 5 949-721-6910 E-mail: [email protected] 6 E-mail: [email protected] E-mail: [email protected] 7 E-mail: [email protected]

8 Attorneys for Plaintiffs The Procter & Gamble Company and The Folgers Company 9

10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 DIVISION 13

14 THE PROCTER & GAMBLE COMPANY and ) Case No. 3:07-cv-04413 PJH THE FOLGERS COFFEE COMPANY, ) 15 ) FIRST AMENDED COMPLAINT FOR Plaintiffs, ) PATENT INFRINGEMENT 16 ) v. ) DEMAND FOR JURY TRIAL 17 ) KRAFT FOODS GLOBAL, INC., ) 18 ) Defendant. ) 19 20 21 22 23 24 25 26 27 28

HOWREY LLP Case No. 3:07-cv-04413 PJH AMENDED COMPLAINT; DEMAND FOR JURY TRIAL DM_US:21767845_1

1 Plaintiffs The Procter & Gamble Company (“P&G”) and The Folgers Coffee Company 2 (“Folgers”) (collectively referred to as “Plaintiffs”), for their Complaint against defendant Kraft Foods 3 Global, Inc. (“Kraft”), allege as follows: 4 THE PARTIES 5 1. Plaintiff P&G is an Ohio corporation with its principal place of business in , 6 Ohio. 7 2. Plaintiff Folgers is a Delaware corporation with its principal place of business in 8 Orrville, Ohio. 9 10 3. Defendant Kraft is a Delaware corporation with its principal place of business in 11 Northfield, Illinois. 12 JURISDICTION 13 4. This Court has subject matter jurisdiction pursuant to 28 U.S. C. §§ 1331 and 1338(a) 14 because this action arises under the patent laws of the United States, including U.S.C. § 271 et seq. 15 The Court has personal jurisdiction over Kraft because the acts complained of have taken place in this 16 district, including, on information and belief, through Kraft’s manufacture of infringing products at its 17 plant in San Leandro, California. Kraft has established minimum contacts with this district such that 18 the exercise of jurisdiction over Kraft would not offend traditional notions of fair play and substantial 19 justice. 20 VENUE 21 5. Kraft does business in this district, including, on information and belief, by 22 manufacturing infringing products at its plant located in San Leandro, California, and by providing 23 infringing products that are sold in this district. Venue is proper in this district pursuant to 28 U.S.C. 24 §§ 1331, 1391(b), (c) and 1400(b). 25 INFRINGEMENT OF U.S. PATENT NO. 7,169,418 26 6. On January 30, 2007, the United States Patent & Trademark Office (“USPTO”) duly 27 and legally issued United States Patent 7,169,418 (“the ’418 Patent”), entitled “Packaging system to 28 provide fresh packed coffee.” The ’418 Patent was issued to inventors David Dalton, James Smith,

HOWREY LLP -1- Case No. 3:07-cv-04413 PJH AMENDED COMPLAINT; DEMAND FOR JURY TRIAL DM_US:21767845_1 1 James Bono, Sameer Mungur, Douglas Zeik, Aisha Barry, and Jennifer Ruth Floyd, who assigned all 2 rights and interest in and to the ’418 Patent to P&G. On or about October 30, 2008, P&G assigned the 3 ’418 patent to Folgers, and the assignment was recorded with the United States Patent and Trademark 4 Office on or about November 21, 2008. Since October 30, 2008, Folgers has full rights and interest in 5 and to the ’418 patent. P&G retained the right to seek compensation for past damages for infringement 6 of the ’418 patent prior to October 30, 2008. 7 7. Kraft has infringed and continues to infringe the ’418 Patent. The infringing acts 8 include manufacturing, using, selling, and/or offering to sell 39-ounce size plastic containers of 9 brand coffee and other containers of that same size, regardless of how they are 10 designated (e.g., including, but not limited to, Maxwell House Master Blend coffee labeled as 34.5 11 ounces). Kraft is liable for infringement of the ’418 Patent pursuant to 35 U.S.C. § 271. 12 8. Kraft’s acts of infringement have caused damage to Plaintiffs and are causing damage 13 to Folgers. Plaintiffs are entitled to recover from Kraft the damages sustained by Plaintiffs as a result 14 of Kraft’s infringement in an amount to be proven at trial. Kraft’s infringement of Plaintiffs’ rights 15 under the ’418 Patent also is causing, and will continue to cause, irreparable harm to Folgers, for which 16 there is no adequate remedy at law, unless Kraft is enjoined by this Court. 17 9 Upon information and belief, Kraft’s infringement of the ’418 Patent is willful and 18 deliberate, entitling Plaintiffs to increased damages under 35 U.S.C. § 284 and attorney fees incurred 19 in prosecuting this action under 35 U.S.C. § 285. 20 PRAYER FOR RELIEF 21 WHEREFORE, Plaintiffs pray for judgment and seek relief against Defendant Kraft as follows: 22 (a) For judgment that the ’418 Patent has been infringed by Kraft; 23 (b) For preliminary and permanent injunctions enjoining the aforesaid acts of infringement 24 by Kraft, its officers, agents, servants, employees, subsidiaries and attorneys, and those 25 persons acting in concert with Kraft, including related individuals and entities, 26 customers, representatives, dealers, and distributors; 27 (c) For an award of actual damages; 28 -2- HOWREY LLP Case No. 3:07-cv-04413 PJH AMENDED COMPLAINT; DEMAND FOR JURY TRIAL

DM_US:21767845_1 1 (d) For an award of pre-judgment and post-judgment interest, according to proof; 2 (e) For an award of enhanced damages pursuant to 35 U.S.C. § 284; 3 (f) For an award of attorney fees pursuant to 35 U.S.C. § 285 or as otherwise permitted by 4 law; 5 (g) For all costs of suit; and 6 (h) For such other and further relief as the Court may deem just and proper. 7 The electronic filer hereby attests that the individual whose name appears below has signed this 8 document. See General Order 45, Section X. 9 DATED: January 15, 2009 HOWREY LLP 10

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BY: /s/ Martha K. Gooding 12 Martha K. Gooding Attorneys for Plaintiffs 13 THE PROCTER & GAMBLE COMPANY and THE FOLGERS COFFEE COMPANY 14 15 JURY DEMAND 16 Plaintiffs demand a jury trial on all issues that are triable by right to a jury. 17 The electronic filer hereby attests that the individual whose name appears below has signed this 18 document. See General Order 45, Section X. 19 20 DATED: January 15, 2009 HOWREY LLP

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22 BY: /s/ Martha K. Gooding Martha K. Gooding 23 Attorneys for THE PROCTER & GAMBLE COMPANY and THE FOLGERS COFFEE 24 COMPANY

25 26 27 28 -3- HOWREY LLP Case No. 3:07-cv-04413 PJH AMENDED COMPLAINT; DEMAND FOR JURY TRIAL

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