Motion to Dismiss Amended Complaint Does Not Toll Time to Asnwer or Counterclaim

General Mills, Inc. v. Kraft Foods Global, Inc., [2006-1569, -1606](July 31, 2007)[LINN, Bryson, Clevenger) The Federal Circuit clarified but affirmed its original holding.
BRIEF: General Mills sued Kraft for patent infringement, and Kraft counterclaimed. General Mills filed an amended complaint, and Kraft successfully moved to dismiss. The Federal Circuit held that Kraft's filing of a motion to dismiss did not toll its deadline to answer the amended complaint or reassert its counterclaim. The Federal Circuit affirmed its original holding that FRCP 12 was unambiguous only changing the term to answer a Complaint, and in not affecting the term to answer an amended complaint.