CAUSES OF ACTION FOR PATENT INFRINGEMENT
3.On May 6, 2003, U.S. Patent No. 6,557,460 entitled, “Apparatus for RoastingFowl” (“the ‘460 Patent”) issued to inventor Kevin R. Hester, and subsequently,the ‘460 Patent was assigned entirely to the Plaintiff, Texas Chickcan.4.On January 7, 2003, U.S. Patent No. 6,503,551 entitled, “Method for RoastingFowl” (“the ‘551 Patent”) issued to inventor Kevin R. Hester, and subsequently,the ‘551 Patent was assigned entirely to the Plaintiff, Texas Chickcan.5.Both ‘460 Patent and ‘551 Patent relate to a popular device for cooking chickensand have acquired the simple name “beer can chicken cooker” and the like.6.The ‘460 Patent and the ‘551 Patent relate to a wire frame and stand capable of holding a partially filled with beer. The chicken to be cooked is placed on the beer can with the beer can projecting into the chicken. During the baking process,the beer soften and flavors the chicken, and after the baking of the chicken, the beer can be disposed of, thereby minimizing the clean up to only the frame. Onlythe wire frame requires cleaning.
JURISDICTION AND VENUE
7.This is an action for patent infringement of United States Patent No. 6,503,551(“‘551 Patent”), and United States Patent No. 6,557460 (“‘460 Patent”) pursuantto the laws of the United States of America as set forth in Title 35 Sections 271and 281 of the United States Code. This court has subject matter jurisdiction over this action pursuant to 28 U.S.C. Sec. 1338(a) and 28 U.S.C. Sec. 1331.8.On information and belief, Big Lots operates 21 stores under the name “Big Lots”within 50 miles of the Court House for the Southern District of Texas and 117stores in the State of Texas.9.Many of the stores operated by Big Lots within 50 miles of the Court House for the Southern District of Texas stock and sell products infringing the ‘551 Patentand the ‘460 Patent.Complaint for Patent Infringement and Demand for Jury TrialCajun Chick can of Texas, LLP v. Big Lots Stores, Inc.Page 2