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Kraft Foods Group Brands et. al. v. Land O'Frost

Kraft Foods Group Brands et. al. v. Land O'Frost

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00148: Kraft Foods Group Brands LLC et. al. v. Land O'Frost, Inc. Filed in U.S. District Court for the Western District of Wisconsin, no judge yet assigned. See http://news.priorsmart.com/-l7KE for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00148: Kraft Foods Group Brands LLC et. al. v. Land O'Frost, Inc. Filed in U.S. District Court for the Western District of Wisconsin, no judge yet assigned. See http://news.priorsmart.com/-l7KE for more info.

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Published by: PriorSmart on Feb 28, 2013
Copyright:Public Domain

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07/07/2014

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4813-7145-0642.4
UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSIN
KRAFT FOODS GROUP, INC. and KRAFTFOODS GROUP BRANDS LLC,Plaintiffs,v.LAND O’FROST, INC.,Defendant.Case No. 13-cv-148
COMPLAINT FOR PATENTINFRINGEMENTDEMAND FOR JURY TRIAL
Plaintiffs Kraft Foods Group, Inc. and Kraft Foods Group Brands LLC (collectively“Kraft”), for their Complaint for Patent Infringement against Defendant Land O’Frost, Inc.(“Land O’Frost”), allege as follows:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement of Kraft’s U.S. Patent No. 7,172,779(“the ’779 patent”) directed,
inter alia,
to a food package for containing sliced food productshaving a fluffed appearance.
PARTIES
2.
 
Plaintiff Kraft Foods Group, Inc. is a Virginia corporation with its principal placeof business located at Three Lakes Drive, Northfield, Illinois 60093, and is one of NorthAmerica’s largest food companies.3.
 
Plaintiff Kraft Foods Group Brands LLC is a Delaware limited liability companywith its principal place of business located at Three Lakes Drive, Northfield, Illinois 60093, andis an indirect subsidiary of Kraft Foods Group, Inc.
 
-2-
4813-7145-0642.4
4.
 
Upon information and belief, Defendant Land O’Frost, Inc. is a corporationorganized and existing under the laws of the State of Illinois, having its principal place of business in Lansing, Illinois.
JURISDICTION AND VENUE
5.
 
This civil action for patent infringement arises under the patent laws of the UnitedStates, Title 35 of the United States Code.6.
 
This Court has jurisdiction over the subject matter of this action pursuant toTitle 28 of the United States Code, Sections 1331 and 1338(a).7.
 
Land O’Frost is subject to personal jurisdiction in this Court because it doesbusiness in Wisconsin, including but not limited to, systematic and not isolated offering andproviding of goods and services in this judicial district.8.
 
Venue is proper in this district under Title 28 of the United States Code, Sections1391(b) and 1400(b).
COUNT I: INFRINGEMENT OF U.S. PATENT NO. 7,172,779
9.
 
Kraft incorporates the foregoing Paragraphs 1 through 8 as though fully set forthherein.10.
 
Plaintiff Kraft Foods Group Brands LLC is the owner by assignment of all right,title, and interest in the ’779 patent, entitled “Container For Sliced And Fluffed Food Products,”which was duly and properly issued by the United States Patent & Trademark Office onFebruary 6, 2007. A true and correct copy of the ’779 patent is attached as Exhibit A.11.
 
Plaintiff Kraft Foods Group, Inc. is a licensee of the ’779 patent and makes andsells sliced food products in a package embodying the patented invention throughout the UnitedStates.
 
-3-
4813-7145-0642.4
12.
 
Upon information and belief, Land O’Frost has infringed and continues toinfringe at least one claim of the ’779 patent, directly, contributorily, and/or by inducement, bymaking, using, selling, and/or offering to sell food packages embodying the patented invention inthis judicial district and elsewhere in the United States, all without license from Kraft, inviolation of 35 U.S.C. § 271, and will continue to do so unless enjoined by this Court.13.
 
The food packages embodying the patented invention that are made, used, sold,and/or offered for sale by Land O’Frost include those sold and offered for sale by retail groceryoutlets, including but not limited to Kroger Co., such as the representative food package depictedin Figure 1 below:
Figure 1: Deli Sliced Oven Roasted Turkey Breast product sold by Kroger Co. grocery stores.
14.
 
The U.S. Department of Agriculture seal that appears on the package in Figure 1denotes Establishment No. “P-500K,” which on information and belief, identifies Land O’Frostas the manufacturer of the package.

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