Gardner Sues Mrs. Smith’s Over Pie Crust

Mrs. Smith’s Bakeries Inc. is accused in a lawsuit of stealing a rival pie company’s method for making lattice-work pie crust tops.

Gardner Pie Co., a maker of frozen pies in the Eastern and Midwestern U.S., filed the lawsuit Thursday in federal court. The closely held company said it owns patents issued in 1993 and 1994 for a method and apparatus for making the lattice top from a single sheet of pie crust dough without having to use overlapping pieces of dough.

Mrs. Smith’s, a unit of Flowers Foods Inc., has been making pies with lattice tops using that patented method, Gardner claims in the lawsuit.

Gardner, of Akron, Ohio, said it suspects Mrs. Smith’s also has been using a machine based on its patented apparatus for making the lattice tops. The lawsuit asks that Mrs. Smith’s be blocked from infringing on Gardner’s patents and seeks damages.

The pies for both companies are frozen and sent to stores, which then cook them and sell them to consumers under the store brand. Pies sold directly to consumers under the Mrs. Smith’s name are not part of the suit, said Gardner lawyer Philip Moy.

A spokeswoman with Thomasville, Ga.-based Flowers said the company has a policy of not commenting on pending litigation. Flowers also makes Nature’s Own baked goods.

Shares of Flowers Foods fell $1.01 to $36.70 on the New York Stock Exchange.