Texas' Ward & Smith Helps Defeat Frito-Lay's Claims of Trademark Infringement,
Patent Infringement, Trade Secret Misappropriation
SHERMAN, Texas, March 4, 2013
SHERMAN, Texas, March 4, 2013 /PRNewswire/ --Longview's Ward & Smith, which
co-counseled with Armstrong Teasdale LLP of St. Louis, Mo., successfully
defended an Arkansas-based tortilla chip manufacturer and its holding company
against Plano, Texas-based Frito-Lay North America, Inc.'s claims of trademark
infringement, patent infringement and trade secret misappropriation, obtaining
a complete defense jury verdict in the U.S. District Court for the Eastern
District of Texas, Sherman Division.
Frito-Lay originally sued Medallion Foods, Inc. and its holding company, St.
Louis-based Ralcorp Holdings, Inc., claiming that Medallion's "BOWLZ" and
"CUPZ" tortilla chips infringed a Frito-Lay trademark (U.S. Reg. 2,788,278)
that allegedly covers the shape of the company's TOSTITOS SCOOPS! tortilla
chips. Frito-Lay also accused Medallion of infringing the company's U.S.
Patent No. 6,610,344, which covers the manufacturing process for the TOSTITOS
SCOOPS! product. Finally, Frito-Lay alleged that Medallion misappropriated
Ward & Smith 's Wesley Hill, assisted by firm founder T. John "Johnny" Ward
Jr., led the firm's trial team on behalf of Medallion and Ralcorp. Both
companies also were represented at trial by lead counsel David W. Harlan from
Armstrong Teasdale, along with firm attorneys B. Scott Eidson, Zachary C.
Howenstine and Mark A. Thomas.
"We were extremely proud to work with an incredibly talented team of lawyers
from Armstrong Teasdale," says Mr. Hill. "They did a great job of preparing
this complex case for trial, and were able to effectively dissect and prepare
a defense to the seemingly never-ending list of allegations asserted by
Frito-Lay at trial."
Following the two week trial before the Hon. Amos L. Mazzant in the U.S.
District Court for the Eastern District of Texas in Sherman, jurors spent just
under six hours in deliberations before delivering their verdict in favor of
Medallion and Ralcorp.
"This was a very complicated trial, and we were fortunate to have an extremely
smart jury that understood the issues and delivered a just verdict," says Mr.
Ward, a veteran of intellectual property trials in the Eastern District. "This
jury digested almost 40 pages of complex instructions and returned a verdict
in our clients' favor on all issues submitted."
Longview, Texas-based Ward & Smith has tried more than 350 cases to verdict,
earning a national reputation in high-stakes claims involving complex
commercial litigation, intellectual property law, oil & gas matters, and
serious personal injuries. Ward & Smith frequently assists lawyers nationwide
in complex cases before Texas juries.
For more information about Ward & Smith's trial win, please contact Bruce
Vincent at 800-559-4534 or firstname.lastname@example.org
SOURCE Ward & Smith
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