In a procedurally complex case spawning a virtual tutorial on civil procedure (Fed. R. of Civil Pro. 12 (b)(6) and 15(a)), the U. S. Court of Appeals for the Federal Circuit, applying regional circuit law, has construed defendants status as a "successor" to a release and settlement agreement and affirmed the dismissal of a counter-claim that the defendant did not replead in response to an amended complaint. General Mills, Inc. v. Kraft Foods Global, Inc., Case Nos. 06-1569, -1606 (Fed. Cir., May 16, 2007) (Linn, J.).
General Mills sells rolled food items under the brand name Fruit by the Foot®....
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