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.
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