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.
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