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New World Pasta Company v. American Italian Pasta Company

New World Pasta Company v. American Italian Pasta Company

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 4:11-cv-04289: New World Pasta Company v. American Italian Pasta Company. Filed in U.S. District Court for the Southern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l4W8 for more info.
Official Complaint for Patent Infringement in Civil Action No. 4:11-cv-04289: New World Pasta Company v. American Italian Pasta Company. Filed in U.S. District Court for the Southern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l4W8 for more info.

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Published by: PriorSmart on Dec 12, 2011
Copyright:Public Domain

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02/01/2013

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INTHEUNITED STATES DISTRICT COURTFORTHE SOUTHERNDISTRICT OFTEXASHOUSTONDIVISIONNEW WORLDPASTA COMPANY
 Plaintiff  
,v.AMERICANITALIANPASTA COMPANY
 Defendant.
§§§§§§§§§§§§§§Civil Action No. ________________ JURYTRIAL DEMANDEDPLAINTIFFNEWWORLDPASTACOMPANY’SORIGINAL COMPLAINT
Plaintiff NEW WORLD PASTA COMPANY files this Original Complaint againstDefendant AMERICAN ITALIAN PASTA COMPANY, alleging as follows:
Case 4:11-cv-04289 Document 1 Filed in TXSD on 12/09/11 Page 1 of 8
 
2
NATURE OFTHE ACTION
1. This is an action for patent infringement based on the Patent Laws of the UnitedStates, 35 U.S.C. § 1
et seq
.2. This action arises out of the Defendant making, using, selling, offering for saleand/or importing calcium fortified pasta products which infringe upon at least one of Plaintiff’sissued U.S. Patents.
JURISDICTIONAND VENUE
3. This is an action for infringement of a United States patent, arising under the patent laws of the United States of America, Title 35 of the United States Code, § 271, et. seq.Jurisdiction of the Court is founded on Title 35 United States Code and on Title 28 United StatesCode, particularly 28 U.S.C. §§ 1331 and 1338(a).4. This Court has personal jurisdiction over the Parties, and venue is proper in thisDistrict under 28 U.S.C. §§ 1391(b) & (c) and 28 U.S.C. § 1400(b).
THE PARTIES
5. Plaintiff NEW WORLD PASTA COMPANY (“NEW WORLD”) is a corporationthat is organized under the laws of the State of Delaware, with its principal place of business at85 Shannon Road, Harrisburg, Pennsylvania 17112. NEW WORLD is a subsidiary of EbroFoods, S.A.6. Defendant AMERICAN ITALIAN PASTA COMPANY (“AIPC”) is a Delawarecorporation with its principal offices at 4100 N. Mulberry, Suite 200, Kansas City, Missouri64116.
Case 4:11-cv-04289 Document 1 Filed in TXSD on 12/09/11 Page 2 of 8
 
37. AIPC manufactures and distributes pasta and related products throughout theUnited States under a variety of brands and trademarks. Defendant is currently doing business inthis judicial district by selling its pasta products into this district, including at least some of the products that form the basis of Plaintiff’s claims herein. Defendant’s pasta products competedirectly with NEW WORLD’s pasta products.
FACTUAL BASIS
8. NEW WORLD is a worldwide company that manufactures and distributes a widevariety of food products, including pasta products.9. On August 31, 1999, United States Patent No. 5,945,144 (the “144 Patent”) wasduly and legally issued to David H. Hahn, Michael L. Nolt, and Frank P. Paris, for an inventionentitled
Calcium Fortified Pasta and Process of Making 
.” Through assignments from theinventors, NEW WORLD PASTA COMPANY is the owner by assignment of all rights, title andinterest in the ‘144 Patent, with the exclusive right to enforce the patent against infringers and tosue for and collect damages for all relevant times, including the right to assert the present causeof action.10. Defendant AIPC manufactures, makes, has made, causes to be made, uses, practices, imports, provides, supplies, distributes, sells and/or offers for sale pasta products thatinfringe, directly or indirectly, one or more claims in the ‘144 Patent. For example, and withoutlimitation:10.1. AIPC makes, uses, sells and/or offers for sale a product marketed as Wegman’s“Super Pasta” that includes calcium. Reproduced below is a photograph of an exemplary pasta product from AIPC. An annotation has been added to identify the “Calcium”
Case 4:11-cv-04289 Document 1 Filed in TXSD on 12/09/11 Page 3 of 8

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