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Plaintiffs Kraft Foods Group, Inc. and Kraft Foods Group Brands LLC (collectively Kraft), for their Complaint for Patent Infringement against Defendant Land OFrost, Inc. (Land OFrost), allege as follows: NATURE OF THE ACTION 1. This is an action for patent infringement of Krafts U.S. Patent No. 7,172,779

(the 779 patent) directed, inter alia, to a food package for containing sliced food products having a fluffed appearance. PARTIES 2. Plaintiff Kraft Foods Group, Inc. is a Virginia corporation with its principal place

of business located at Three Lakes Drive, Northfield, Illinois 60093, and is one of North Americas largest food companies. 3. Plaintiff Kraft Foods Group Brands LLC is a Delaware limited liability company

with its principal place of business located at Three Lakes Drive, Northfield, Illinois 60093, and is an indirect subsidiary of Kraft Foods Group, Inc.



Upon information and belief, Defendant Land OFrost, Inc. is a corporation

organized 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 United

States, Title 35 of the United States Code. 6. This Court has jurisdiction over the subject matter of this action pursuant to

Title 28 of the United States Code, Sections 1331 and 1338(a). 7. Land OFrost is subject to personal jurisdiction in this Court because it does

business in Wisconsin, including but not limited to, systematic and not isolated offering and providing of goods and services in this judicial district. 8. Venue is proper in this district under Title 28 of the United States Code, Sections

1391(b) and 1400(b). COUNT I: INFRINGEMENT OF U.S. PATENT NO. 7,172,779 9. herein. 10. Plaintiff Kraft Foods Group Brands LLC is the owner by assignment of all right, Kraft incorporates the foregoing Paragraphs 1 through 8 as though fully set forth

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 on February 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 and

sells sliced food products in a package embodying the patented invention throughout the United States.



Upon information and belief, Land OFrost has infringed and continues to

infringe at least one claim of the 779 patent, directly, contributorily, and/or by inducement, by making, using, selling, and/or offering to sell food packages embodying the patented invention in this judicial district and elsewhere in the United States, all without license from Kraft, in violation 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 OFrost include those sold and offered for sale by retail grocery outlets, including but not limited to Kroger Co., such as the representative food package depicted in Figure 1 below:

Figure 1: Deli Sliced Oven Roasted Turkey Breast product sold by Kroger Co. grocery stores.


The U.S. Department of Agriculture seal that appears on the package in Figure 1

denotes Establishment No. P-500K, which on information and belief, identifies Land OFrost as the manufacturer of the package. -34813-7145-0642.4


Further discovery may reveal that Land OFrosts infringement of the 779 patent

has been and continues to be willful and carried out with full knowledge of the 779 patent. 16. Kraft has been damaged in an amount not yet determined as a result of Land

OFrosts infringing activities. Kraft has also been irreparably harmed by Land OFrosts patent infringement. Kraft will continue to suffer damages and irreparable harm until this Court

permanently enjoins Land OFrost from further infringement of the 779 patent. PRAYER FOR RELIEF WHEREFORE, Kraft respectfully requests the following relief: A. B. A judgment that Land OFrost has infringed the 779 patent; A permanent injunction issued pursuant to 35 U.S.C. 283, restraining and

enjoining Land OFrost and its officers, agents, attorneys, and employees, and those acting in privity or concert with it, from infringement of the 779 patent for the full term thereof; C. An award of damages to Kraft including pre-judgment and post-judgment interest,

in an amount adequate to compensate for Land OFrosts infringement of the 779 patent, and, if willful infringement is shown, that the damages be trebled pursuant to 35 U.S.C. 284; D. E. An award of costs, disbursements, and expenses in this action; An entry of judgment declaring this to be an exceptional case pursuant to

35 U.S.C. 285 and awarding to Kraft its reasonable attorneys fees expended in bringing and maintaining this action; and F. Such other and further relief as the Court may deem just and proper. JURY DEMAND Kraft hereby requests a trial by jury on all issues triable by a jury.


Respectfully submitted, Date: February 27, 2013 FOLEY & LARDNER LLP /s/ Naikang Tsao Naikang Tsao (WI Bar No. 1036747) FOLEY & LARDNER LLP 150 East Gilman Street, Suite 5000 Madison, Wisconsin 53703 608.257.5035 608.258.4258 (fax) Jeanne M. Gills (IL Bar No. 6225018) Jason A. Berta (IL Bar No. 6295888) FOLEY & LARDNER LLP 321 North Clark Street, Suite 2800 Chicago, Illinois 60654 312.832.4500 312.832.4700 (fax) Attorneys for Plaintiffs Kraft Foods Group, Inc. and Kraft Foods Group Brands LLC