Brandeis University et al v. East Side Ovens, Inc. et al
COMPLAINT FOR PATENT INFRINGEMENT against Bremner Food Group, Inc., Conopco, Inc., Cookie Specialties, Inc., East Side Ovens, Inc., Famous Amos Chocolate Chip Cookie Company, LLC, Keebler Co., Murray Biscuit Co. LLC, Nestle USA, Inc., The Pillsbury Company, LLC, Topco Associates LLC, Unilever United States, Inc., Voortman Cookies Ltd., Wessanen U.S.A., Inc. (Filing Fee $350, receipt number 0758-832821) filed by GFA Brands, Inc. and Brandeis University. (Attachments: # 1 Exhibit A - US Patent No. 5,843,497, # 2 Exhibit B - US Patent No. 6,630,192, # 3 JS-44 Civil Cover Sheet, # 4 Report on Filing Patent/Trademark Action, # 5 Summons - Bremner Food Group, Inc., # 6 Summons - Conopco, Inc., # 7 Summons - Cookie Company, LLC, # 8 Summons - East Side Ovens, Inc., # 9 Summons - Famous Amos Chocalate Chip Cookie Company, Inc., # 10 Summons - Keebler Co., # 11 Summons - Murray Biscuit Co., LLC, # 12 Summons - Nestle USA, Inc., # 13 Summons - Pillsbury Company LLC, # 14 Summons - Topco Associates LLC, # 15 Summons - Unilever United States, Inc., # 16 Summons - Wessanen U.S.A., Inc.) (Tomaselli, Anthony)
CIVIL COVER SHEET
JS 44 (Rev. 12/07)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS
EAST SIDE OVENS, INC., et al.
BRANDEIS UNIVERSITY and GFA BRANDS, INC.
Middlesex County, MA
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
Milwaukee County, WI
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
(c) Attorney’s (Firm Name, Address, and Telephone Number)
Attorneys (If Known)
QUARLES & BRADY LLP
33 East Main St., Suite 900, Madison, WI 3703
II. BASIS OF JURISDICTION
(Place an “X” in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
3 Federal Question
(U.S. Government Not a Party)
(For Diversity Cases Only)
Citizen of This State
Citizen of Another State
Incorporated and Principal Place
of Business In Another State
Citizen or Subject of a
(Indicate Citizenship of Parties in Item III)
IV. NATURE OF SUIT
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
210 Land Condemnation
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
and One Box for Defendant)
Incorporated or Principal Place
of Business In This State
(Place an “X” in One Box Only)
315 Airplane Product
320 Assault, Libel &
330 Federal Employers’
345 Marine Product
350 Motor Vehicle
355 Motor Vehicle
360 Other Personal
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
440 Other Civil Rights
362 Personal Injury Med. Malpractice
365 Personal Injury Product Liability
368 Asbestos Personal
370 Other Fraud
371 Truth in Lending
380 Other Personal
385 Property Damage
510 Motions to Vacate
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC 881
630 Liquor Laws
640 R.R. & Truck
650 Airline Regs.
710 Fair Labor Standards
720 Labor/Mgmt. Relations
& Disclosure Act
740 Railway Labor Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
2 Removed from
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
871 IRS—Third Party
26 USC 7609
462 Naturalization Application
463 Habeas Corpus Alien Detainee
465 Other Immigration
400 State Reapportionment
430 Banks and Banking
470 Racketeer Influenced and
480 Consumer Credit
490 Cable/Sat TV
810 Selective Service
875 Customer Challenge
12 USC 3410
890 Other Statutory Actions
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of Information
900Appeal of Fee Determination
Under Equal Access
950 Constitutionality of
Appeal to District
(Place an “X” in One Box Only)
422 Appeal 28 USC 158
28 USC 157
3 Remanded from
4 Reinstated or
5 Transferred from
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
7 Judge from
35 U.S.C. 271
VI. CAUSE OF ACTION Brief description of cause:
VII. REQUESTED IN
VIII. RELATED CASE(S)
CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
CHECK YES only if demanded in complaint:
SIGNATURE OF ATTORNEY OF RECORD
//s//Anthony A. Tomaselli
FOR OFFICE USE ONLY
JS 44 Reverse (Rev. 12/07)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
the county of residence of the “defendant” is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment)”.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
the most definitive.
Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.