Beruflich Dokumente
Kultur Dokumente
Pg ID 1
Plaintiff,
vs.
Hon.
Defendant.
J. Michael Huget (P39150)
Eric Sosenko (P43544)
Sarah E. Waidelich (admitted in New York)
HONIGMAN MILLER SCHWARTZ AND COHN LLP
130 South First Street, Fourth Floor
Ann Arbor, Michigan 48104
Tel: (734) 418-4254
Fax: (734) 418-4255
mhuget@honigman.com
esosenko@honigman.com
swaidelich@honigman.com
Counsel for Plaintiff
______________________________________
17376358.7
Pg ID 2
the laws of the State of Michigan, having a registered address of 11530 Brooklyn
Road, Brooklyn, MI 49230.
2.
2
17376358.7
Pg ID 3
This action arises under the patent laws of the United States, Title 35,
This Court has jurisdiction over the subject matter of this action
Upon information and belief, this Court has personal jurisdiction over
Upon information and belief, this Court also has personal jurisdiction
3
17376358.7
Pg ID 4
State of Michigan and within this Judicial District, including but not limited to the
selling or offering for sale of infringing products.
8.
and 1400.
NATURE OF THIS ACTION
9.
certain United States patents arising under the laws of the United States set forth in
Title 35 of the United States Code.
10.
extrusion blow molds, tooling for machinery platforms, and various containers.
11.
and attorneys fees pursuant to 35 U.S.C. 284 and 285 for violation of 35 U.S.C.
271.
12.
On March 11, 2014, the United States Patent and Trademark Office
(PTO) duly and legally issued United States Patent No. 8,668,101 (the 101
patent), entitled Method and Apparatus for Making a Light Weight Container.
4
17376358.7
Pg ID 5
A true and correct copy of the 101 patent is attached as Exhibit A and is made a
part of this Complaint.
14.
On September 17, 2013, the PTO duly and legally issued United
States Patent No. 8,535,599 (the 599 patent), entitled Method and Apparatus
for Making a Light Weight Container. A true and correct copy of the 599 patent
is attached as Exhibit B and is made a part of this Complaint.
15.
On March 17, 2015, the PTO duly and legally issued United States
Patent No. 8,979,524 (the 524 patent), entitled Method and Apparatus for
Making a Light Weight Container. A true and correct copy of the 524 patent is
attached as Exhibit C and is made a part of this Complaint.
16.
On March 26, 2013, the PTO duly and legally issued United States
Design Patent No. D678,774 (the D774 patent), entitled Container. A true and
correct copy of the D774 patent is attached hereto as Exhibit D and is made a part
of this Complaint.
17.
On March 19, 2013, the PTO duly and legally issued United States
Design Patent No. D678,072 (the D072 patent), entitled Container. A true and
correct copy of the D072 patent is attached hereto as Exhibit E and is made a part
of this Complaint.
18.
5
17376358.7
19.
Pg ID 6
Mid-America was the assignee of all right, title, and interest in the
22.
makes, validates, uses, sells, and/or offers to sell in the United States, including in
this Judicial District, machinery and products that infringe upon Mid-Americas
rights in the Patents-in-Suit, and Milacron will continue to do so unless enjoined
by this Court.
23.
tooling, including, but not limited to, blow-molding technologies, and containers
produced by such technologies.
24.
Upon information and belief, Milacron markets and sells its infringing
6
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25.
Pg ID 7
Fig. 1
Fig. 2
7
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Fig. 3
26.
Pg ID 8
Fig. 4
Pg ID 9
had developed a new light weight container and new technologies for
manufacturing light weight containers, and that it was in the process of patenting
said container and technologies.
30.
that, pursuant to its efforts to patent its new light weight container and new
technologies for manufacturing light weight containers, the PTO had issued the
101 patent, the 599 patent, and the D774 patent. Mid-America transmitted
multiple email communications to Milacrons Vice President and General
9
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Pg ID 10
Manager, Dave Skala, identifying the 101 patent, the 599 patent, and the D774
patent, and Milacrons potential infringement thereof, should it pursue
development of light weight containers, machinery, molds, and tooling to
manufacture light weight containers as claimed in the 101 patent, the 599 patent,
and the D774 patent. Thus, Milacron has had actual knowledge of at least some of
the Patents-in-Suit, and of Milacrons infringement thereof, prior to the filing of
this Complaint.
31.
Patents-in-Suit, and of Milacrons infringement of at least some of the Patents-inSuit, for years.
COUNT I
DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,668,101
(VIOLATION OF 35 U.S.C. 101 AND 271)
32.
The 101 patent was duly and legally issued by the PTO, and was duly
All rights, title, and interest in and to the 101 patent are vested in
Mid-America.
10
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35.
Pg ID 11
37.
patent prior to the filing of this Complaint, Milacron was willfully blind to a
competitors patent rights.
39.
11
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40.
Pg ID 12
are willful such that Mid-America is entitled to treble damages under 35 U.S.C.
284.
41.
45.
Pg ID 13
The reasonable inference drawn from the facts set forth above is that
Milacrons Accused Machinery have no use without infringing the 101 patent.
Mid-America asserts that this reasonable inference is true.
48.
13
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users directly infringe claims of the 101 patent under 35 U.S.C. 271(a). As
stated above, upon information and belief, Meijer, Inc. is a customer of Milacron
for the Accused Products.
51.
Milacron knew that its Accused Products were especially made or adapted for use
to infringe the 101 patent.
52.
With knowledge of the 101 patent and knowledge that the acts it
14
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Pg ID 15
based on the facts set forth in Paragraphs 27-30 above. The actions of Milacron
with regard to infringement of the 101 patent are willful such that Mid-America is
entitled to treble damages under 35 U.S.C. 284.
55.
belief, Milacron will continue to infringe the 101 patent unless enjoined by this
Court.
57.
58.
The 599 patent was duly and legally issued by the PTO, and was duly
All rights, title, and interest in and to the 599 patent are vested in
Mid-America.
15
17376358.7
61.
Pg ID 16
63.
patent prior to the filing of this Complaint, Milacron was willfully blind to a
competitors patent rights.
65.
16
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66.
Pg ID 17
are willful such that Mid-America is entitled to treble damages under 35 U.S.C.
284.
67.
17
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70.
Pg ID 18
Certain claims of the 599 patent are directed to methods for forming
The reasonable inference drawn from the facts set forth above is that
18
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Pg ID 19
users directly infringe claims of the 599 patent under 35 U.S.C. 271(a). As
stated above, upon information and belief, Meijer, Inc. is a customer of Milacron
for the Accused Products.
77.
Milacron knew that its Accused Products were especially made or adapted for use
to infringe the 599 patent.
78.
With knowledge of the 599 patent and knowledge that the acts it
19
17376358.7
80.
Pg ID 20
belief, Milacron will continue to infringe the 599 patent unless enjoined by this
Court.
83.
84.
20
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85.
Pg ID 21
The 524 patent was duly and legally issued by the PTO, and was duly
All rights, title, and interest in and to the 524 patent are vested in
Mid-America.
87.
89.
patent at least as early as the issue date of the 524 patent, on March 17, 2015. The
524 patent is a division of Application No. 13/405,495, now the 101 patent, and
upon information and belief, Milacron was aware of issued patents and published
patent applications relating to the 101 patent.
90.
21
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91.
Pg ID 22
patent prior to the filing of this Complaint, Milacron was willfully blind to a
competitors patent rights.
92.
Paragraphs 27-28 above, that Milacrons conduct has been willful, wanton and
deliberate. It is also reasonable to infer that Milacrons actions have been
objectively reckless based on the facts set forth in Paragraphs 27-28 above. Despite
any statement to the contrary, and upon information and belief, Milacron will
continue to infringe the 524 patent unless enjoined by the Court.
93.
are willful such that Mid-America is entitled to treble damages under 35 U.S.C.
284.
94.
22
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Pg ID 23
offering for sale the Accused Machinery or any product used to manufacture the
80875 Container, or any other product which incorporates any of Mid-Americas
rights protected by the 524 patent.
96.
Pg ID 24
commerce. Milacrons Accused Machinery has no use without infringing the 524
patent. Mid-America asserts that this reasonable inference is true.
101. Milacron knowingly and actively induces others to infringe, and/or
Milacron contributorily infringes claims of the 524 patent under 35 U.S.C.
271(b) and/or 271(c).
102. Based upon information and belief, Milacron induces infringement by
designing products to have infringing capability, by providing customers with the
means to infringe, by instructing them how to infringe, and by providing support
services to its customers regarding installation, validation and maintenance of the
Accused Products. Milacron does so with knowledge of the 524 patent,
knowledge that its instructions and support services cause its customers to infringe
the 524 patent, and with the specific intent to cause infringement. As a nonlimiting example, upon information and belief, Meijer, Inc. is a customer of
Milacron for the Accused Products.
103. By their use of the Accused Products, Milacrons customers and end
users directly infringe claims of the 524 patent under 35 U.S.C. 271(a). As
stated above, upon information and belief, Meijer, Inc. is a customer of Milacron
for the Accused Products.
24
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25
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109. Despite any statement to the contrary, and upon information and
belief, Milacron will continue to infringe the 524 patent unless enjoined by this
Court.
110. Mid-America has no adequate remedy at law. Unless enjoined by this
Court, Milacron will continue such acts of infringement, causing Mid-America to
incur substantial and irreparable damage.
COUNT VII
DIRECT INFRINGEMENT OF U.S. PATENT NO. D678,774
(VIOLATION OF 35 U.S.C. 101 AND 271)
26
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Pg ID 27
27
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Pg ID 29
29
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130. It is reasonable to infer based on the facts set forth in Paragraphs 2730 above, and because of Milacrons knowledge of its infringement since at least
October 2014, that Milacrons conduct has been willful, wanton, and deliberate. It
is also reasonable to infer that Milacrons actions have been objectively reckless
based on the facts set forth in Paragraphs 27-30 above. The actions of Milacron
with regard to infringement of the D774 patent are willful such that Mid-America
is entitled to treble damages under 35 U.S.C. 284.
131. Milacrons infringement of the D774 patent has been intentional and
willful, making this an exceptional case.
132. Despite any statement to the contrary, and upon information and
belief, Milacron will continue to infringe the D774 patent unless enjoined by this
Court.
133. Mid-America has no adequate remedy at law. Unless enjoined by this
Court, Milacron will continue such acts of infringement, causing Mid-America to
incur substantial and irreparable damage.
COUNT IX
DIRECT INFRINGEMENT OF U.S. PATENT NO. D678,072
(VIOLATION OF 35 U.S.C. 101 AND 271)
30
17376358.7
Pg ID 31
135. The D072 patent was duly and legally issued by the PTO, and was
duly and legally assigned to Mid-America.
136. All rights, title, and interest in and to the D072 patent are vested in
Mid-America.
137. Upon information and belief, Milacron has directly infringed, and
continues to directly infringe, the claims of the D072 patent by making, using,
importing, selling, and offering for sale in Michigan and nationwide, containers,
including but not limited to, the 70985 Container, which embody the subject matter
claimed in the D072 patent.
138. Defendants infringing activities violate 35 U.S.C. 271.
139. With knowledge of the D072 patent, Defendant continues to infringe
claims of the D072 patent under 35 U.S.C. 271(a).
140. Alternatively, if Milacron asserts that it had no knowledge of the
D072 patent prior to the filing of this Complaint, Milacron was willfully blind to a
competitors patent rights.
141. It is reasonable to infer at least based on the facts set forth in
Paragraphs 27-28 above, that Milacrons conduct has been willful, wanton and
deliberate. It is also reasonable to infer that Milacrons actions have been
objectively reckless based on the facts set forth in Paragraphs 27-28 above. Despite
31
17376358.7
Pg ID 32
any statement to the contrary, and upon information and belief, Milacron will
continue to infringe the D072 patent unless enjoined by the Court.
142. The actions of Milacron with regard to infringement of the D072
patent are willful such that Mid-America is entitled to treble damages under 35
U.S.C. 284.
143. In addition, Mid-America has no adequate remedy at law against
Milacrons continuing acts of infringement. Milacrons infringement of the D072
patent may continue unless and until enjoined by this Court, causing Mid-America
irreparable harm.
144. Mid-America is therefore entitled to an injunction under 35 U.S.C.
283 against Milacron, preliminarily and permanently enjoining and restraining
Milacron from infringing the D072 patent, and from making, manufacturing,
developing, producing, supplying, selling, distributing, advertising, using and
offering for sale the 70985 Container or any other product which incorporates any
of Mid-Americas rights protected by the D072 patent.
145. This is an exceptional case that falls within the provisions of 35
U.S.C. 285 and accordingly Mid-America is entitled to an award of reasonable
attorneys fees.
COUNT X
INDIRECT INFRINGEMENT OF U.S. PATENT NO. D678,072
(VIOLATION OF 35 U.S.C. 101 AND 271)
32
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Pg ID 33
33
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Pg ID 34
34
17376358.7
Pg ID 35
155. Despite any statement to the contrary, and upon information and
belief, Milacron will continue to infringe the D072 patent unless enjoined by this
Court.
156. Mid-America has no adequate remedy at law. Unless enjoined by this
Court, Milacron will continue such acts of infringement, causing Mid-America to
incur substantial and irreparable damage.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully demands the entry of judgment
against the Defendant as follows:
A.
B.
C.
D.
35
17376358.7
E.
Pg ID 36
F.
JURY DEMAND
Plaintiff Mid-America hereby demands a trial by jury on all issues so triable.
36
17376358.7
Pg ID 37
Respectfully submitted,
HONIGMAN MILLER SCHWARTZ AND COHN LLP
Attorneys for Plaintiff
37
17376358.7
Pg ID 38
Plaintiff,
vs.
Hon.
Defendant.
INDEX OF EXHIBITS
EXHIBIT DESCRIPTION
A.
B.
C.
D.
E.
EXHIBIT A
Pg ID 39
Pg ID 40
US008668101B2
Lobbestael et a1.
(54)
D205,730 S *
3,708,082 A *
3,765,574 A
Brooklyn, M1 (U S)
4,805,793 A
D307,389 S
(65)
US 2012/0241405 A1
(2006.01)
(2006.01)
(2006.01)
US. Cl.
CPC .............. .. B65D 1/0223 (2013.01); B65D 1/02
(58)
5/1992
11/1998
5/2000
215/384
Eiten ......... ..
220/669
Steinke ....................... .. 215/383
(Continued)
FOREIGN PATENT DOCUMENTS
GB
GB
2464386
2470316
9/2010
11/2010
B65D 90/02
B65D 8/04
B65D 1/02
(52)
23, 2011.
(51)
4/1990
9/1998 Bongiorno ..
2003/0155324 A1*
(60)
5,112,561 A *
6,237,792 B1
6,527,133 B1
6,540,956 B1
4/1977
2/1983
5,803,290 A *
5,833,115 A *
6,065,624 A *
5,087,406 A
9/1966
1/1973
10/1973 UrquiZa
4,016,995 A *
4,372,455 A *
Filed:
References Cited
U.S. PATENT DOCUMENTS
(22)
Mar. 11,2014
Notice:
US 8,668,101 B2
(57)
ABSTRACT
weight ratios.
20 Claims, 7 Drawing Sheets
Pg ID 41
US 8,668,101 B2
Page 2
(56)
References Cited
2006/0260971 A1
2007/0221606 A1
US PATENT DOCUMENTS
2003/0234236 A1
12/2003 Michalowski
2004/0164048 Al*
8/2004
2006/0096942 A1
5/2006 Lane
2006/0255000 A1
2007/0235905 Al*
2008/0217200 A1
?gfggig?gg 2}
ll/2006 Quitana
0V
2011/0056903 A1
* cited by examiner
3/2011 Glover
U S. Patent
Mar. 11,2014
Sheet 1 017
Pg ID 42
US 8,668,101 B2
FIG. 1A
F I G. 1 D
PRIOR ART
U S Patent
Mar. 11,2014
Sheet 2 017
Pg ID 43
US 8,668,101 B2
104
1CFIG.
100
126
1FIG.1B" APRIOTR
US. Patent
Mar. 11,2014
Sheet 3 017
Pg ID 44
US 8,668,101 B2
F2AIG.
2BFIG.
US. Patent
Mar. 11,2014
Sheet 4 017
Pg ID 45
US 8,668,101 B2
US. Patent
Sheet 5 017
Pg ID 46
US 8,668,101 B2
em
.mmQHm
I)
a.Ubw4m
US. Patent
Mar. 11,2014
Sheet 6 017
FIG. 3D
FIG. 4
Pg ID 47
US 8,668,101 B2
US. Patent
Sheet 7 017
Pg ID 48
US 8,668,101 B2
Pg ID 49
US 8,668,101 B2
1
25
30
35
grams or less.
40
45
Where the top 102 joins the loWer circumference of the spout
120. Then, When the top 102 joins the sideWall 106, a second
?lling process.
transition betWeen the sideWall 106 and the bottom 128 of the
container. A bottom comer 128 completes the transition
betWeen the sideWall 106 and bottom 104. The combination
Pg ID 50
US 8,668,101 B2
4
3
FIG. 2A is a front view of a ?rst embodiment of the present
invention.
FIG. 2B is a side view of a ?rst embodiment of the present
invention.
FIG. 2C is a bottom view of a ?rst embodiment of the
present invention.
FIG. 2D is an alternate bottom view of a current embodi
and permits liquid and air to pass inside it. Preferably, the
present invention.
FIG. 3C is a top view of another embodiment of the present
invention.
FIG. 3D is a bottom view of another embodiment of the
present invention.
FIG. 4 is a diagram showing a die and mandrel according to
an embodiment of the present invention.
FIG. 5 is a diagram showing a parison and a mold accord
ing to an embodiment of the present invention.
FIG. 6 is a top view of embodiments of the present inven
tion held in a standard dairy crate.
20
30
35
40
45
50
55
mold is then pressurized via the blow pin thereby forcing the
parison to expand throughout the interior of the walls of the
60
65
Pg ID 51
US 8,668,101 B2
5
30
son 70 ?ts the mold cavity 74 more closely than a mold cavity
35
40
50
60
65
Pg ID 52
US 8,668,101 B2
8
7
pair of opposing parallel sidewalls having a second
Width and a fourth pair of opposing parallel sideWalls
parallel sideWalls.
spout.
2. The container of claim 1 further comprising said con
tainer having a Weight of less than about 55 grams for a one
gallon container.
20
a bottom member;
25
Cap;
30
a bottom member;
40
Walls; and
parallel sideWalls.
spout.
9. The bloW-molded container of claim 8 Wherein the
handle section is adjacent to one of the short sideWalls from
EXHIBIT B
Pg ID 53
Pg ID 54
US008535599B1
Lobbestael et a].
(54)
4,016,995 A
4,372,455 A
5,087,406 A
5,112,561 A
5,803,290 A
5,833,115 A
2/1992
5/2000 Ste1nk_e _
6,527,133 B1
3/2003 M C 11
6,540,956 B1
2003/0155324 A1
2003/0234236 A1
2004/0164048 A1
(*)
Notice:
2006/0255000
5/2006 Lane
A1
11/2006
20060260971 Al
2007/0221606 A1
(21)
Oct. 8,
Quitana
110006 Rivera et 31
9/2007 Eiten et a1.
2007/0235905 A1
2008/0217200 A1
2011/0056903 A1
3/2011 Glover
2012/0241405 A1 *
9/2012
t l.
400% M30332?
2006/0096942 A1
_
(73)
5/l992 Dickinson
9/1998 Bongiorno
11/1998 Eiten
6,237,792 B1
(Us);AlVaI10Ver,Adr1?1I1,M1(US);
Kevin D Gaydosh, Adr1an, MI (US);
Gregory T Hall, Adrian, MI (Us)
6,065,624 A
4/1977 Frazer
2/1983 Cochran
4,805,793 A
.
US 8,535,599 B1
glisakl et a1~
L bb
es ae e
GB
GB
OV
2470316
_
ll/20l0
* c1ted by exammer
(63)
_
_
Int. Cl.
B29C 49/04
(52)
US. C].
(58)
(56)
(2006.01)
USPC
(57)
264/540 264/523
MacFarlane PC.
(51)
1/1973 Platte
10/1973 UrquiZa
t -
66
,4
/-:""//:i
64
'nner
5g
thi
Weight ratios.
3,765,574 A
d 1-
3,708,082 A
ABSTRACT
An -
2 v
56
60
US. Patent
Sheet 1 of9
Pg ID 55
US 8,535,599 B1
FIG. 1A
PRIOR ART
FIG. 1D
US. Patent
Sheet 2 of9
Pg ID 56
US 8,535,599 B1
N2
3:
@NH
.m:Ubw 5 Mb?095
E:
@NH
US. Patent
Sheet 3 of9
Pg ID 57
US 8,535,599 B1
vm/
.m-NUbw
US. Patent
Sheet 4 of9
Pg ID 58
US 8,535,599 B1
US. Patent
Sheet 5 of9
Pg ID 59
US 8,535,599 B1
US. Patent
Sheet 6 of9
Pg ID 60
US 8,535,599 B1
FIG. 3D
FIG. 4
555i
US. Patent
84
Sheet 7 of9
Pg ID 61
US 8,535,599 B1
US. Patent
FIG. 7B
Sheet 8 of9
Pg ID 62
US 8,535,599 B1
US. Patent
Sheet 9 of9
FIG. 7C
Pg ID 63
US 8,535,599 B1
Pg ID 64
US 8,535,599 B1
1
30
grams or less.
40
45
Where the top 102 joins the loWer circumference of the spout
120. Then, When the top 102 joins the sideWall 106, a second
relative abrupt transition occurs at upper comer 124, gener
?lling process.
transition betWeen the sideWall 106 and the bottom 128 of the
container. A bottom comer 128 completes the transition
betWeen the sideWall 106 and bottom 104. The combination
55
60
Pg ID 65
US 8,535,599 B1
4
present invention.
present invention.
FIG. 3C is a top vieW of another embodiment of the present
invention.
FIG. 3D is a bottom vieW of another embodiment of the
and permits liquid and air to pass inside it. Preferably, the
present invention.
FIG. 4 is a diagram showing a die and mandrel according to
an embodiment of the present invention.
FIG. 5 is a diagram shoWing a parison and a mold accord
ing to an embodiment of the present invention.
FIG. 6 is a top vieW of embodiments of the present inven
tion held in a standard dairy crate.
FIG. 7A is a top vieW of an embodiment of the present
20
25
invention;
FIG. 7B is a side vieW of an embodiment of the present
invention;
FIG. 7C is a side vieW of an embodiment of the present
30
invention;
40
45
55
60
out the interior of the mold When the mold is pressurized. The
mold is then pressurized via the bloW pin thereby forcing the
65
Pg ID 66
US 8,535,599 B1
5
30
40
45
50
60
65
Pg ID 67
US 8,535,599 B1
7
prising:
20
30
35
40
prising:
providing a tWo or more piece mold including:
a bottom section for forming a container bottom,
50
Pg ID 68
US 8,535,599 B1
9
10
vertical axis de?ning a midpoint in said length dimen
sion and said Width dimension;
positioning a circular die proximate to said mold such that
20
EXHIBIT C
Pg ID 69
Pg ID 70
USOO8979524B2
Lobbestael et a].
(54)
US 8,979,524 B2
References Cited
Brooklyn, Ml (U S)
-
(*)
Notice:
3,309,443 A *
3/1967
3,312,766
4/l967
St
3,608,137 A *
(Commued)
Flled~
May 8 2013
GB
2464386
4/2010
GB
2470316
11/2010
W0
(65)
264/167
............ ..
W0 9203276 Al *
3/l992
Us ZOE/0243896 A1
sep' 19 2013
(62)
Macparlane RC
(57)
ABSTRACT
An apparatus for forming a blow-molded container includes a
(51)
23 201 1_
Int, Cl,
329C 49/04
B29C 49/48
B65D 1/02
(200601)
(200601)
(200601)
(Cominued)
(52)
76
Pg ID 71
US 8,979,524 B2
Page2
(51)
Int. Cl.
B65D 23/10
(200601)
5,833,115 A
6,065,624 A
6,527,133 B1
.
References Cted
(56)
US PATENT DOCUMENTS
11/1998 Eiten
5/2000 Steinke
3/2003 McCollumet 31.
6,540,956 B1
2001/0028122 A1*
2003/0155324 A1
2003/0234236 A1
3,640,667 A *
2004/0164048 A1
3708 082 A
M973 Platte
2006/0096942 A1
337653574 A
10/1973 Urquiza
2006/0255000 A1
11/2006 Qu1tana
4,016,995 A
4372 455 A
4/1977 Frazer
2/1983 Cochran
2006/0260971 A1
2007/0221606 A1
4,735,834 A *
20070235905 41
10/2007 Trudeeral,
4,805,793 A
2/1989 Brandtetal,
2008/0217200 A1
4,846,359 A *
2009/0294400 A1
5,087,406 A
5,112,561 A
2010/0151163 A1
2011/0056903 A1
5,486,333 A *
1/1996
5,803,290 A
9/1998 Bongiorno
* cited by examiner
8/2004 Younst
5/2006 La11e
$33316 et 31.
6/2010 SkOV
3/2011 Glover
US. Patent
Sheet 1 017
Pg ID 72
US 8,979,524 B2
FIG. 1A
PRIOR ART
FIG. 1D
PRIOR ART
US. Patent
Sheet 2 0f7
Pg ID 73
US 8,979,524 B2
N
N
y
104
1CFIG. APRIOTR
128
1BFIG. APRIOTR
104
128
126
US. Patent
Sheet 3 0f7
Pg ID 74
US 8,979,524 B2
2AFIG.
2BFIG.
US. Patent
Sheet 4 0f7
Pg ID 75
US 8,979,524 B2
US. Patent
Sheet 5 0f7
Pg ID 76
US 8,979,524 B2
3BFIG.
3AFIG.
US. Patent
h1ar.17,2015
Pg ID 77
US 8,979,524 B2
Sheet60f7
FIG. 3D
FIG. 4
56
60
US. Patent
Sheet 7 0f 7
Pg ID 78
US 8,979,524 B2
FIG. 5
76
70
72
FIG. 6
52
Pg ID 79
US 8,979,524 B2
1
CROSS-REFERENCE TO RELATED
APPLICATIONS
25
materials.
Typical of these containers are those disclosed in US. Pat.
No. 6,527,133, issued to McCollum et al.; US. Pat. No.
4,805,793, issued to Brandt et al.; and US. Pat. No. 6,237,
792, issued to Skolnicki et al.
Containers of this type are relatively thin-walled, and are
generally square or rectangular in cross-section, feature a
molded handle, and typically have a ?nished weight of over
60 grams. Such weight of material is essential to maintaining
suf?cient strength for the container to withstand the industrial
30
40
35
grams or less.
50
55
60
?lling process.
It is a further object of the present invention to provide an
Pg ID 80
US 8,979,524 B2
4
present invention.
FIG. 2D is an alternate bottom view of a current embodi
and permits liquid and air to pass inside it. Preferably, the
present invention.
FIG. 3C is a top view of another embodiment of the present
invention.
FIG. 3D is a bottom view of another embodiment of the
20
present invention.
FIG. 4 is a diagram showing a die and mandrel according to
an embodiment of the present invention.
FIG. 5 is a diagram showing a parison and a mold accord
ing to an embodiment of the present invention.
FIG. 6 is a top view of embodiments of the present inven
tion held in a standard dairy crate.
DESCRIPTION OF THE PREFERRED
EMBODIMENT
25
35
40
45
50
out the interior of the mold when the mold is pressurized. The
mold is then pressurized via the blow pin thereby forcing the
parison to expand throughout the interior of the walls of the
mold, and imparting to the material the ?nished shape of a
container. To facilitate the molding process, the mold walls
are cooled to approximately 300 to 40 F, to restore the
65
Pg ID 81
US 8,979,524 B2
5
sures the angle of the die 60 with respect to the mandrel 54.
Die angles 64 can range from 0 to 30 or more particularly
30
35
40
45
55
around the parison so that air can be introduced into the air
60
65
comprising:
Pg ID 82
US 8,979,524 B2
8
7
a mold including:
a bottom section for forming a container bottom,
a sidewall section for forming a plurality of sidewalls,
where a ?rst pair of sidewalls from the plurality of
sidewalls are spaced apart by a ?rst dimension, a
1:1.06,
a spout section for forming a spout, and
a neck section for forming an upwardly converging neck
member coupling the sidewalls to the spout having a
convex radius transition section of approximately
three inches in a container having an overall height of
comprising:
a two or more piece mold including:
20
opening between the opening of the die and the mandrel, the
25
40
prising:
a mold including:
a bottom section for forming a bottom member for the
45
50
55
spout;
piece mold.
6. An apparatus for forming a blow molded container com
60
EXHIBIT D
Pg ID 83
Pg ID 84
USO0D678774S
(54) CONTAINER
-
D429,643
,
14 Years
22
F1 d
)
1e '
8/2000
9/2010 Lembkeetal
1/2012 Riveraet a1.
D9/528
D9631
139/531
D655,175 S *
D9/531
D662,421 S
6/2012
D9/531
2012/0241405 A1*
10 2011
un'
Dorn ................ ..
* cited by examiner
13623955 S *
D653,114 s *
333%??? i 131333
(76)
US D678,774 S
(51)
(52)
(57)
(58)
56
R f
e erences
D212,932
s
13221516 S
D238,654 S
D311,136 s
D358,333 S
l6
Platte ..... ..
DESCRIPTION
12/1968
Anderson .................... . D9631
139/531
8/1971 Crisci
2/1976
described
C t d
10/1990 Barkeretal.
CLAIM
D9/520
brotien
hnles. ShOdWn if? mch??deafir.1c?lleeanpu?ose
Ohm;
eunc alme po lonso
ormnop
ra mg
ofthe claim.
,, D9531
139/531
US. Patent
"1
i2
Sheet 1 of4
Pg ID 85
US D678,774 S
US. Patent
Sheet 2 of4
FIG. 2
Pg ID 86
US D678,774 S
US. Patent
Sheet 3 of4
Pg ID 87
US D678,774 S
US. Patent
Sheet 4 of4
FIG. 4
Pg ID 88
US D678,774 S
EXHIBIT E
Pg ID 89
Pg ID 90
USO0D678072S
54) CONTAINER
-
13429,643
,
14 Years
22
F1 d
1e '
un'
8/2000
9/2010 Lembkeetal
l/20l2 Riveraet a1.
D9/528
D9631
139/531
D655,175 S *
D9/531
D662,421 s
6/20l2
139/531
2012/0241405 A1*
136m ................ ..
* cited by examiner
13623955 S *
13653,ll4 s *
E3082? 2 i 18/1333
(76)
US D678,072 S
10 2011
y
(74) AZZ0rney,AgenZ, orFirmiYoung Basile
(51)
(52)
(57)
(58)
56
R f
e erences
132l2,932
s
13221516 S
D238,654 S
133ll,l36 s
D358,333 S
l6
Platte ..... ..
DESCRIPTION
12/1968
Anderson .................... . D9631
139/531
8/1971 Crisci
2/1976
described
C t d
10/1990 Barkeretal.
CLAIM
D9/520
brotien
hnles. ShOdWn if? mch??deafir.1c?lleeanpu?ose
Ohm;
eunc alme po lonso
ormnop
ra mg
ofthe claim.
,, D9531
139/531
US. Patent
Sheet 1 014
FIG. 1
Pg ID 91
US D678,072 S
US. Patent
Sheet 2 of4
FIG. 2
Pg ID 92
US D678,072 S
US. Patent
Sheet 3 of4
Pg ID 93
US D678,072 S
US. Patent
Sheet 4 of4
FIG. 4
Pg ID 94
US D678,072 S