Munchkin v. TOMY Int'l - Complaint

Case: 1:18-cv-06337 Document #: 1 Filed: 09/17/18 Page 1 of 9 PageID #:1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
MUNCHKIN, INC.,
Plaintiff,
Case No. 1:18-cv-6337
v.
JURY TRIAL DEMANDED
TOMY INTERNATIONAL, INC.,
Defendant.
COMPLAINT
Plaintiff Munchkin, Inc. (“Munchkin”) hereby sets forth its Complaint against Defendant
Tomy International, Inc. (“Tomy”), as follows:
THE PARTIES
1. Munchkin is a Delaware corporation with its principal place of business at 7835
Gloria Avenue, Van Nuys, California 91406.
2. Upon information and belief, Tomy International, Inc. is a Delaware corporation
with its principal place of business and corporate headquarters located at 2015 Spring Road,
Suite 700, Oak Brook, Illinois 60523. Upon further information and belief, Tomy is the owner
of The First Years brand, and promotes, markets, and sells the products described herein under
The First Years brand name throughout this District and the United States.
JURISDICTION AND VENUE
3. This action arises under the patent laws of the United States, 35 U.S.C. § 271, §§
281–285, § 289, and Munchkin seeks monetary damages and injunctive relief herein. This Court
has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
4. Tomy is subject to personal jurisdiction in this District and subject to this Court’s
specific and general jurisdiction, pursuant to due process, on the grounds that it resides in this
District and/or the State of Illinois, has committed acts of patent infringement in this District and
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the State of Illinois, and regularly conduct and/or solicit business, engage in other persistent
courses of conduct, and/or derive substantial revenue from the sale of services to persons or
entities in this District and the State of Illinois.
5. Venue is proper in this District pursuant to 28 U.S.C. § 1400(b) because Tomy
resides in this District and/or has committed acts of infringement and has a regular and
established place of business in this District.
FACTUAL BACKGROUND
Munchkin’s revolutionary cup technology
6. Munchkin was founded in 1991 and is a market-leading designer, developer,
manufacturer, and distributor of baby, infant, and children’s products. Munchkin’s success can
be attributed to the company’s expertise in developing safe and inventive baby products that
make parenting easier and more enjoyable.
7. Munchkin’s track record of introducing innovative new technology is

unparalleled in the baby products industry. Munchkin has won dozens of industry awards for its
products, has been granted over 200 patents, and believes that its brand image is very important
because consumers want a single trustworthy source for all of their baby care needs.
8. As a market leader in the infant and children’s feeding category, Munchkin has
created a broad range of popular feeding products for newborns, infants, and toddlers, including
spill-proof trainer cups, sippy cups, and straw cups.
9. Despite the success of those products, none of those cups rival the revolutionary
and best-selling Miracle® 360o Cups designed, developed, and sold by Munchkin.
10. As depicted in the following graphics, the Miracle® 360o Cups are revolutionary
spoutless sippy and trainer cups that allow babies and toddlers to drink from anywhere around
the rim of the cup like a regular adult cup without the fear of spilling. The cups incorporate a
spill-proof design that automatically seals when a baby or toddler stops drinking to help
eliminate spills.
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11. As with all Munchkin products, the Miracle® 360o Cups are sold via its own
website, www.munchkin.com, Amazon, and other online retailers, as well as at thousands of
brick and mortar retailers nationwide like Target, Walmart, Buy Buy Baby, and more.
12. Munchkin is the owner of numerous patents covering its spoutless, non-spill cup
design. For example, Munchkin is the legal owner of U.S. Patent No. 9,888,796 (the “‘796
Patent”), which is titled “Non-Spill Drinking Container,” and includes claims directed to, among
other things, a non-spill container having a collar and seal assembly from which drinking can
occur at any location around the rim of the collar and seal assembly. The ‘796 Patent was duly
and legally issued on February 3, 2018 and is valid. Munchkin is the assignee and owner of all
right, title, and interest in and to the ‘796 Patent, including the right to assert all causes of action
arising under the patent and the right to any and all remedies for infringement of it. A true and
correct copy of the ‘796 Patent is attached hereto as Exhibit A.
13. By way of example, Claim 1 of the ‘796 Patent is representative:
A non-spill collar and seal assembly, comprising:

a collar comprising:
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an open upper end proximate to and including an upper end of a sidewall,

an upper perimeter, and a rim;
a closed lower end having a projection extending upward therefrom and
one or more passages disposed through the closed lower end to
channel a fluid;
the sidewall having a tapered shape that extends from the open upper end
inward toward the closed lower end, and a support surface
provided along an inner surface of the sidewall adjacent to the
open upper end having one or more protrusions disposed radially
adjacent to the support surface defining one or more channels; and
a fastener assembly provided on an external wall of the collar; and
a seal having a surface substantially similar to a shape of the open upper end,
the seal having an aperture for receiving and securing projection therein.
14. Munchkin is also the legal owner of U.S. Patent No. D744,281 (the “‘281
Patent”), which is titled “CONTAINER.” The ‘281 Patent was duly and legally issued on
December 1, 2015 and is valid. The ‘281 Patent has a single claim that covers the ornamental
design for a container as shown and described in the figures incorporated into the ‘281 Patent.
Munchkin is the assignee and owner of all right, title, and interest in and to the ‘281 Patent,
including the right to assert all causes of action arising under the patent and the right to any and
all remedies for infringement of it. A true and correct copy of the ‘281 Patent is attached hereto
as Exhibit B.
15. By way of example, Figure 1 of the ‘281 Patent, which shows an upper front
perspective of the container, is representative:
4
16. Munchkin has complied with the marking requirements of 35 U.S.C. § 287 with
respect to the ‘796 and ‘281 Patents, to the extent applicable.
Tomy’s Infringing Conduct
17. Tomy is also engaged in the creation, manufacture, and distribution of baby,
infant, and children’s products, including cups, tableware, pacifiers, feeding seats, bath toys and
bath accessories under the branded name The First Years.
18. In particular, Tomy makes, sells, offers to sell, and/or imports its line of The First
Years branded Simply Spoutless Cups via its own website (www.tomy.com), The First Years’
website (www.thefirstyears.com), other online retailers, and various brick and mortar retail
locations in this District and throughout the United States. The following are just a few
examples of the spoutless cup products being sold by Tomy under The First Years brand:
5
19. On The First Years website (www.thefirstyears.com), Tomy markets The First
Years Simply Spoutless Cups as “spoutless, spill-proof” cups that “helps kids transition to an
open cup by letting them sip all around the rim, just like an adult’s open top cup,” and it
promotes the “spill-proof design” that “automatically seals when your child stops drinking to
stop spills.”
20. Tomy’s The First Years Simply Spoutless Cups practice every element of one or
more claims of the ‘796 Patent (including without limitation claims 1, 5, 9, and 15) and the ‘281
Patent.
COUNT I
(Infringement of U.S. Patent No. 9,888,796)
21. Munchkin incorporates by reference all previous allegations as though set forth
fully here.
22. Tomy has infringed and continues to infringe one or more claims of the ‘796
Patent under 35 U.S.C. § 271(a), literally and/or under the doctrine of equivalents, by making,
using, offering to sell, selling, and/or importing in or into the United States The First Years
Simply Spoutless Cups identified above that embody the patented invention disclosed in the ‘796
Patent.
23. Tomy’s infringing acts are without license or authorization from Munchkin.
24. Given Munchkin’s compliance with the marking requirements of 35 U.S.C. § 287
with respect to the ‘796 Patent, Tomy knew or should have known that that its actions constitute
infringement of the ‘796 Patent, and yet Tomy has continued in its infringement. Thus, Tomy’s
infringement is therefore willful and continuing, and this case is exceptional under 35 U.S.C. §
285.
25. As a direct and proximate result of Tomy’s infringement of the ‘796 Patent,
Munchkin has suffered and will continue to suffer injury for which it is entitled to damages
under 35 U.S.C. § 284 adequate to compensate it for such infringement, in an amount to be
proven at trial, as well as enhanced damages. Munchkin’s damages include its lost profits, but
6
are in no event less than a reasonable royalty.

Munchkin has also suffered irreparable injury for which it has no adequate remedy at law.
Unless Tomy is permanently enjoined from further infringement of the ‘796 Patent, Munchkin
will continue to suffer irreparable injury and impairment of the value of its patent rights.
COUNT II
(Infringement of U.S. Patent No. D744,281)
27. Munchkin incorporates by reference all previous allegations as though set forth
fully here.
28. Tomy has infringed and continues to infringe the ‘281 Patent under 35 U.S.C. §§
271 and 289 by making, using, offering to sell, selling, and/or importing in or into the United
States The First Years Simply Spoutless Cups identified above that embody the patented
invention disclosed in the ‘281 Patent.

29. Tomy’s infringing acts are without license or authorization from Munchkin.
30. The design of Tomy’s The First Years Simply Spoutless Cups so closely
resembles the invention disclosed in the ‘281 Patent that an ordinary observer would be deceived
into purchasing Tomy’s The First Years Simply Spoutless Cups in the mistaken belief that it is
the invention disclosed in the ‘281 Patent.
31. Given Munchkin’s compliance with the marking requirements of 35 U.S.C. § 287
with respect to the ‘281 Patent, Tomy knew or should have known that that its actions constitute
infringement of the ‘281 Patent, and yet Tomy has continued in its infringement. Thus, Tomy’s
infringement is therefore willful and continuing, and this case is exceptional under 35 U.S.C. §
285.
Munchkin has suffered and will continue to suffer injury for which it is entitled to damages
under 35 U.S.C. § 284 adequate to compensate it for such infringement, in an amount to be
proven at trial, as well as enhanced damages. Munchkin’s damages include its lost profits, but
7
are in no event less than a reasonable royalty. As an additional remedy for Tomy’s infringement
of the ‘281 Patent, Munchkin is entitled to recover Tomy’s total profits from the sale of its The
First Years Simply Spoutless Cups, but not less than $250 for each article of manufacture or any
colorable imitation thereof to which Tomy applied the patented design or which Tomy sold or
exposed for sale and to which such design or colorable imitation has been applied, under 35
U.S.C. § 289.
Munchkin has also suffered irreparable injury for which it has no adequate remedy at law.
Unless Tomy is permanently enjoined from further infringement of the ‘281 Patent, Munchkin
will continue to suffer irreparable injury and impairment of the value of its patent rights.
PRAYER FOR RELIEF
In light of the foregoing, Plaintiff Munchkin respectfully prays for the following relief
against Defendant Tomy International, Inc.:

A. A judgment that Tomy has infringed one or more of the claims of the ‘796 Patent
(either literally or under the doctrine of equivalents) and the ‘281 Patent;
B. A permanent injunction enjoining Tomy, its officers, directors, employees, agents,
representatives, parent companies, subsidiaries, and affiliates, and all persons acting in active
concert or participation therewith, from engaging in any continued infringement of the ‘796
Patent and the ‘281 Patent;
C. An award of all damages to which Munchkin is entitled under 35 U.S.C. § 284 for
all past and continuing infringement, including but not limited to all lost profits and/or
reasonable royalties, and an order requiring a full accounting of the same;
D. An award of enhanced damages in accordance with the provisions of 35 U.S.C. §
284 as a result of Tomy’s knowing and willful infringement;
E. An award of damages to Munchkin equal to Tomy’s total profits from the sale of
its The First Years Simply Spoutless Cups, but not less than $250 for each article of manufacture
or any colorable imitation thereof to which Tomy applied the patented design or which Tomy
8
sold or exposed for sale and to which such design or colorable imitation has been applied,
pursuant to 35 U.S.C. § 289;
F. A finding that this case is exceptional under 35 U.S.C. § 285 and an award of all
of the attorneys’ fees incurred by Munchkin in this action;
G. An assessment of interest, both pre- and post-judgment, on the damages awarded;
H. An award of costs incurred by Munchkin in bringing and prosecuting this action;
and
I. Any other and further relief as the Court deems just and proper.
DEMAND FOR JURY TRIAL
Pursuant to Fed. R. Civ. P. 38(b), Munchkin hereby demands a jury trial on all issues so
triable.
Dated: September 17, 2018 Respectfully submitted,
By: /s/ Vladimir I. Arezina

One of the Attorneys for Plaintiff
MUNCHKIN, INC.
Vladimir I. Arezina (ARDC No. 6276348)

Sara A. Barnowski (ARDC No. 6326572)
LATHROP GAGE LLP
155 N. Wacker Drive
Suite 3000
Chicago, IL 60606
Telephone: (312) 920-3300
Email: varezina@lathropgage.com
sbarnowksi@lathropgage.com
Travis W. McCallon*
Luke M. Meriwether*
LATHROP GAGE LLP
2345 Grand Blvd.
Suite 2200
Kansas City, MO 64108
Telephone: (816) 292-2000
Email: tmccallon@lathropgage.com
lmeriwether@lathropgage.com
(*pro hac vice forthcoming)
9
30046467v1
Case: 1:18-cv-06337 Document #: 1-1 Filed: 09/17/18 Page 1 of 34 PageID #:10
EXHIBIT A
|HAO WAKATIMWILI U RUMAH MIT
US009888796B2
(12) United States Patent ( 10) Patent No.: US 9,888,796 B2

Dunn et al. (45) Date of Patent: * Feb . 13, 2018
(54 ) NON -SPILL DRINKING CONTAINER (56 ) References Cited
(71 ) Applicant: Munchkin , Inc., Van Nuys, CA (US) U .S . PATENT DOCUMENTS
1,254 ,251 A 1/ 1918 Magnus
( 72 ) Inventors : Steven Bryan Dunn , Beverly Hills, CA 2 ,414 ,697 A 1/ 1947 Pettersson
(US ); Mark A . Hatherill, Beverly (Continued )
Hills, CA (US); Kevin Douglas
Johnson , Tarzana , CA (US); Matthew FOREIGN PATENT DOCUMENTS
Joseph Saxton , Agoura , CA (US )
CN 102006804 B 4 /2011
(73 ) Assignee: MUNCHKIN , INC ., Van Nuys, CA CN
CN 102006804 B 5 /2012
(US ) (Continued )
( * ) Notice : Subject to any disclaimer, the term of this OTHER PUBLICATIONS
patent is extended or adjusted under 35 International Search Report and Written Opinion for PCT/US2014 /
U .S .C . 154 (b ) by 0 days. 060744 dated Feb . 5 . 2015 (pp. 14 ).
This patent is subject to a terminal dis (Continued )
claimer . Primary Examiner — James N Smalley
( 21 ) Appl. No.: 15 /638 , 150 (74 ) Attorney, Agent, or Firm - Robert Z . Evora , Esq .;
Christian Lek
(22 ) Filed : Jun . 29, 2017 (57 ) ABSTRACT
A non - spill container having a collar and sealassembly from
(65) Prior Publication Data which drinking can occur at any location around a rim of the
US 2017 /0295968 A1 Oct . 19, 2017 collar and seal assembly. The collar has an open upper end ,
a closed lower end , and a sidewall . The open upper end is
proximate to and includes the upper end of a side wall, an
upper perimeter and a rim . The closed lower end has a
Related U .S . Application Data projection extending upward therefrom and at least one
(63 ) Continuation of application No. 14 / 980 ,620 , filed on passage disposed through the closed lower end to channel a
fluid . The sidewall has a tapered shape that extends from the
Dec . 28 , 2015 , now Pat. No. 9 ,801,481, which is a open upper end inward toward the closed lower end and has
(Continued ) a support surface provided along an inner surface adjacent to
the open upper end . The support surface has at least one
(51) Int. Ci. radial protrusion is disposed radially adjacent to the support
A47G 19 / 22 (2006 .01 ) surface to define at least one channel. A fastener assembly is
(52) ???
U.S . CI. provided on an external wall of the collar. The seal has a
surface that is substantially similar to a shape of the open
A476 19 /2272 (2013.01)
(58 ) Field of Classification Search upper end and an aperture for receiving and securing the
CPC . ............... A476 19 /2272 projection therein .
(Continued ) 20 Claims, 23 Drawing Sheets
- 40
ooooo
- 42
20a
23
132
+ 10
Imunchkin
SSR- 9
US 9 ,888 , 796 B2
Page 2
Related U . S . Application Data 6 , 202, 877 B13 / 2001 La Torre et al.

6 , 325, 236 B1 12 / 2001 Wong
continuation of application No. 14 /514 ,186 , filed on 6, 488,170 B1 12 /2002 Johnson
Oct. 14 , 2014 , now Pat. No. 9 , 241, 588 . 6 , 640, 992 B1 4/ 2003 Berger et al.
6 , 659, 302 B2 12 /2003 Lin
(60 ) Provisional application No .62/000 ,887 , filed on May 6 , 702, 145 B2 3 /2004 Malcolm
20 , 2014 , provisional application No. 61/891 ,409, 6, 745, 915 B2 6 /2004 Rees
7, 021, 486 B1 4 / 2006 Hurlbut
filed on Oct. 16 , 2013 . 7 ,168,589 B2 1 /2007 Dark
(58) Field of Classification Search 7, 549 ,556 B2 6 /2009 Miller
USPC ......... 220 /203. 16 , 231, 714 ; 215 /11.5 , 309, 7 ,575 , 126 B2 8 /2009 Kemper
215 /311 7 ,712,622 B2 5 /2010 Rucculo
8 , 025,178 B2 9 / 2011 Miller
See application file for complete search history . 8, 033 ,420 B2 10 /2011 Roseblade et al.
8,191 , 728 B2 6 / 2012 Auer et al.
(56 ) References Cited 8,272, 525
8,333,299
B1
B2
9 / 2012
12/ 2012
La Torre et al .
Kemper et al.
U . S . PATENT DOCUMENTS 8, 453,870 B2 6 / 2013 Berg
2005/ 0224495 Al 10 / 2005 Kartinian
2 , 534 ,614 A 12/ 1950 Michael 2009 /0139950 A16 /2009 Greter et al.
2 ,634 ,614 A 12/ 1950 Michael 2011 /0084084 AL 4 / 2011 Berg
2 ,623 , 368 A 12/ 1952 Olsen 2013 /0233870 A112 / 2013 Miller
3 ,015 ,411 A 1/ 1962 Smith
3 , 208 ,629
3 ,338 ,467
A
A
9 / 1965 Beeson
8 / 1967 Albert
FOREIGN PATENT DOCUMENTS
3 , 360, 160 A 12 / 1967 Spencer DE 2755136 AL 6 / 1978
3 , 360 , 161 A 12 / 1967 Smith GB 2482294 2 /2012
3 ,549, 044 A 12/ 1970 Lerner GB 2482294 8 / 2013
3 ,727,808 A 4 / 1973 Fitzgerald NO 328413 B1 2 / 2010
3 ,797,696 A 3 / 1974 Dibrell NO 328413 B1 2 /2010
3 , 915 , 331 A 10 / 1975 Chenault wo 2000 /048491 8 / 2000
3 ,938,695 A 2 / 1976 Ruff WO WO00 /48491 8 /2000
4 , 130 ,215 A 12 / 1978 Corey WO 2002 /011587 Al 2 /2002
4 ,184 ,603 A 1/ 1980 Hamilton , Sr. wo WO02/ 11587 A1 2 / 2002
4 ,193 ,519 A 3 / 1980 Dubach et al. WO 2003 /061438 A1 7 /2003
4 , 238, 045 A 12 / 1980 D ’ Andria WO WO03/061438 A1 7 /2003
4 ,460 , 101 A 7 / 1984 Tseng wo 2009 /126042 AL 10 /2009
5 ,249,703 A 10 / 1993 Karp WO WO2009/ 126042 Al 10 / 2009
5 ,370 ,258 A 10 / 1994 Fair
5 ,540, 350 A 7 / 1996 Lansky
5 ,890,619 A 4 / 1999 Belanger OTHER PUBLICATIONS
5 ,979,689 A 11/ 1999 Lansky
6 , 102 ,244 A 8 / 2000 Kuwano et al. International Search Report and Written Opinion for PCT/US2014 /
6 , 102, 245 A 8 / 2000 Haberman 060744 dated Feb . 5 , 2015 (pp . 14 ).
6 , 116 ,457 A 9 / 2000 Haberman Extended EP Search Report for PCT /US2014060744 dated Jun . 2 ,
6 ,176 ,399 BI 1/ 2001 Schantz et al. 2017. (pp . 8 ).
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US 9, 888,796 B2
NON -SPILL DRINKING CONTAINER surface that is substantially similar to a shape of the open
upper end and an aperture for receiving and securing the
CROSS REFERENCE TO RELATED projection therein .
APPLICATIONS
5 BRIEF DESCRIPTION OF THE DRAWINGS
The application claims priority to U . S. patent application Various exemplary embodiments of this disclosure will be
Ser. No. 14 / 980 ,620 , filed Dec. 28 , 2015 , which claims
priority to U .S. patent application Ser. No . 14 /514, 186 , filed identical orin similar
described detail , wherein like reference numerals refer to
components or steps , with reference to
Oct. 14 , 2014 , which claims priority to U .S . Provisional
Patent Application Ser . No. 61/891,409 , filed Oct . 16 , 20132 , 10 theFIGfollowing figures, wherein :
. 1 illustrates an exploded view of an exemplary
and U .S . Provisional Patent Application Ser. No. 62/ 000 , non - spill container assembly with a collar having a pair of
887 , filed May 20 , 2014 ; the contents of which are hereby handles according to the subject disclosure .
incorporated by reference herein in their entirety into this FIG . 2 shows a side view of the non - spill container
disclosure . 15 ass
TECHNICAL FIELD FIG . 3 depicts an exploded view of the non -spill container
assembly without the handles .
FIGS . 4 and 5 show upper perspective views of the
The subject disclosure relates to a drinking container. non - spill container assembly capable of being consumed
More particularly, to a spill-proof drinking container assem - 20 from any angle along its rim according to the subject
bly having a 360 degree sealed lip enclosure from which a disclosure .
user can drink along any peripheral edge of the container and FIGS . 6 - 7 depict infants comfortably handling the non
withdraw fluid from within the container assembly. spill container assembly while in use .
FIG . 8 illustrates a cross section view of the upper end of
BACKGROUND 25 the non - spill container assembly .
FIG . 9 illustrates an exploded cross section view of the
Various types of spill -proof containers are known. As a inward collar surface edge of the collar and the inward
parent attempts to wean an infant away from a conventional sealing surface edge of the annular seal.
bottle , typically , an interim or transition spill -proof container FIG . 10 depicts a cross section view of the upper end of
with a spout is useful before the child can comfortably 30 the non - spill container assembly in use .
handle and use a conventional open top cup. Unfortunately, FIG . 11 illustrates a top view of an exemplary collar.
in these formative years , young children struggle with FIG . 12 shows a bottom view of the collar.
having complete control over holding and carrying a tradi- FIG . 13 depicts a cross section view of the upper end of
tional open cup . Consequently, spillage frequently occurs the non- spill container assembly having a plurality of raised
when the infant or child knocks over their cup and causes 35 protrusions and gaps disposed on an underside of an annular
substantial leakage onto the ground , themselves or else - seal.
where . FIG . 14 illustrates a cross section view of the upper end
Non -spill container covers for drinking containers have of the non -spill container assembly having a pull tab for
been long sought after for many years . Various coverings for removing the annular seal from the secure position over the
fluid - filled containers have been manufactured for use by a 40 projection .
person who is in motion , such as a cover for a hot coffee FIG . 15 shows a cross section view of the upper end of the
container to be used in a moving vehicle such as an non -spill container assembly having a through passage dis
automobile . However, traditional non -spill container covers posed through the annular seal and the collar.
generally required relatively complex parts and valve struc FIG . 16 depicts a cross section view of an air vent passage
tures in addition to restricting the particular area from which 45 disposed offset from the center of the non - spill container
a user can drink from the container cover. assembly .
Accordingly , there is a need for the development of a FIG . 17 illustrates an exploded view of a non -spill con
transition cup which does not easily spill when knocked tainer assembly having another exemplary annular seal
over. according to the subject disclosure.
50 FIGS. 18 - 19 show a cross section view of the upper end
SUMMARY of the non -spill container assembly in FIG . 17 having raised
protrusions and gaps disposed on the annular seal and on the
A non -spill container having a collar and seal assembly collar , respectively.
from which drinking can occur at any location around a rim F IG . 20 illustrates another upper perspective view of the
of the collar and seal assembly . The collar has an open upper 55 non -spill container.
end , a closed lower end , and a sidewall. The open upper end FIG . 21 shows an exploded view of the non -spill con
is proximate to and includes the upper end of a side wall , an tainer assembly including a collar having a pair of handles .
upper perimeter and a rim . The closed lower end has a FIG . 22 depicts a cross section view of the non - spill
projection extending upward therefrom and at least one container with an annular seal having an extended flange .
passage disposed through the closed lower end to channel a 60 FIGS. 23 - 24 illustrate upper and lower perspective views
fluid . The sidewallhas a tapered shape that extends from the of the frustoconical collar of the non -spill container.
open upper end inward toward the closed lower end and has FIGS. 25 - 26 show top and bottom views of the frusto
a support surface provided along an inner surface adjacent to conical collar of the non -spill container.
the open upper end . The support surface has at least one FIG . 27 depicts a side view of the frustoconical collar of
radial protrusion is disposed radially adjacent to the support 65 the non - spill container according to the subject disclosure .
surface to define at least one channel . A fastener assembly is FIG . 28 shows a cross section view of the frustoconical
provided on an external wall of the collar. The seal has a collar of the non -spill container.
US 9,888,796 B2
FIGS. 29 - 30 illustrate upper and lower perspective views frustoconical shape of the upper surface 22a of the collar 20
of the annular seal of the non - spill container. that it is attached to in assembly.
FIGS. 31 -32 show top and bottom views of the annular In assembly, the annular seal 40 is secured to an open
seal of the non -spill container. upper surface 22a of the collar 20. The lower end 23 of the
FIG . 33 depicts a side view of the annular seal of the 5 collar 20 is fastened via a fastener assembly to the upper
non - spill container. open end 13 of the container 10 . Assembled , the resilient
FIG . 34 shows a cross section view of the annular seal of seal ring 11 is disposed between the upper open end 13 of the
the non - spill container . container 10 and the concentric shoulder 15 of the collar 20 .
The concentric shoulder 15 is constructed to constrict
DETAILED DESCRIPTION 10 inwardly from the outer surface 20a of the upper end 26a of
the collar 20 to an inner surface having a smaller diameter
Particular embodiments of the present invention will now defining the lower end 23 . The fastener assembly provided
be described in greater detail with reference to the figures . at the lower end 23 of the collar are male threads 24 .
FIGS. 1 and 2 show an exploded view , and an assembled The male threads 24 may make up the fastener assembly
side view of an exemplary non -spill drinking container 15 connection disposed adjacent to the lower end 23 of the
assembly 100 . The drinking container assembly 100 collar 20 to mate with , and secure against various female
includes a container 10 , a resilient sealing ring 11 , a collar threads 16 disposed on an inside surface of the upper end 13
20 and an annular seal 40. The container assembly 100 is of the container 10 , as shown in FIG . 8 . Although a threaded
conducive to helping young children and / or adults who may assembly attachment is shown here , it is to be understood
lack themotor skill coordination to transition to an open cup . 20 that various other suitable constructions for the secure
The container assembly 100 allows the user to sip or drink assembly connection mechanism between the collar 20 and
from anywhere around the rim 26 with ease. the container 10 may be used .
The container 10 shown in FIGS. 1 - 2 is substantially FIG . 3 shows an alternative collar 20 design without
cylindrical in shape about a central axis ( A ) and has a side handles attached to the collar 20 in accordance with the
wall 12 , a first open end 13 and a second closed end 14 . The 25 subject matter of this disclosure . Ideally , this design is
first open end 13 of the container 10 has a central opening adapted for use by a more mature child or individual with
13a adapted to receive a fluid stored within the container 10 . better motor skills capable of securely gripping the outer
It is to be understood that container 10 can take any suitable surface of the container 10 of the container assembly 100
size or shape capable of holding a fluid and receiving the according to the subject disclosure .
collar 20 and the annular seal 40 , such as a square shape or 30 FIGS. 4 -5 depict one of the advantages of this drinking
other suitable obtuse shape. container assembly 100. That is, according to this subject
The collar 20 may be a frustoconical cylindrical shape . disclosure , a user is able to drink from the rim 26 of the
The collar 20 includes an upper surface 22a that faces drinking container assembly 100 at any location ( as shown
upward and lies within the upper end 13a of the container by the arrows) concentrically around the rim 26 of the top
10 , as shown in FIG . 8 . The collar 20 also includes a lower 35 end of the collar 20 . For a young child , drinking from this
surface 22b that faces downward toward the container 10 container 100 simulates the idea of drinking from a regular
away from the annular seal 40 in assembly . adult drinking cup since it does not include the conventional
According to this embodiment, the collar 20 includes a construction of a protruding spout as its non -spill valve
pair of handles 17 that extend from sides 20a of the collar assembly.
20 . The handles 17 extend outward and downwardly form - 40 As shown in FIGS. 6 - 7 , the container assembly 100 is
ing two curved arms. The handles 17 provide the additional particularly useful and beneficial for a young child transi
advantage to an infant or person who may have difficulty tioning from a bottle to a regular cup container . During this
holding the container 10 of the container assembly 100 . The transition , the toddler can conveniently place their lips at any
handles 17 allow a user to comfortably hold the container 10 point against the rim 26 of the collar 20 and can draw fluid
by the arms of the handles 17 with a firm grip and in a stable 45 from any position along the rim 26 , as would an adult with
manner, as shown in FIG . 7 . a conventional cup . Positive reinforcement of the use of the
The collar 20 includes a lower end 23 having a first spill- proof container assembly 100 encourages the confi
diameter and an upper end 26a adjacent to the rim 26 having dence and the child ' s ability to move into using a conven
a second larger diameter . The upper end 26a and the lower tional cup . Although shown used with young children , it is
end 23 meet at a junction defining a concentric shoulder 15 . 50 to be understood that the non - spill container assembly 100
A securing fastener assembly is adapted to secure the lower may be used by any individual at any age .
end 23 of the collar 20 to the container 10 . FIG . 8 depicts a detailed cross section view of a portion
At the concentric shoulder 15 , the diameter of the upper of the non -spill drinking container assembly 100. As shown ,
end 26a of the collar 20 expands outward to a larger the fastener assembly includes male threads 24 disposed at
diameter defining the concentric shape of the outer side 20a 55 the lower end 23 of the collar 20 being threadedly attached
of the collar 20 . The larger diameter of the upper end 26a of to the female threads 16 provided about an inner surface at
the collar 20 flares upwardly and outward from the concen the upper end 13 of the container 10 . The threaded connec
tric shoulder 15 to an upper rim 26 adjacent to an uppermost tion between the container 10 and the collar 20 is fluidly
end or rim 26 of the collar 20 . sealed by the resilient sealing ring 11 disposed between the
The annular seal 40 is constructed in the form of a 60 concentric shoulder 15 and the upper end 13 of the container
frustoconical disc , as shown in FIGS. 1, 8 , 13 - 16 , 17 - 19 , 10 to prevent any leakage of fluid contained within the
21- 22 and 29 - 34 . The annular seal 40 includes a lower container 10 .
surface 48b that lies adjacent to the upper surface 22a of the As shown in a partially enlarged view in FIG . 9 , the collar
collar 20 in assembly . The annular seal 40 also includes an 20 may be constructed to include an outer wall 31 whose
upper surface 48a that faces upward away from the collar 20 65 upper end terminates at the upper rim 26 . Just below the
in assembly. The lower surface 48b of the annular seal 40 upper rim 26 , an abutment or supporting surface 21a is
has a frustoconical shape that substantially mirrors the provided on an inward facing collar surface edge of the
US 9,888 ,796 B2
collar 20 juxtaposed to the inward facing sealing edge 41 is outward at a second radial ledge 37 to the concentric inner
adapted to come into sealing engagement with the inward surface 21 of the outer wall 31 of the collar 20 .
facing sealing edge 41 of the annular seal 40. As shown , The concentric inner surface 21 of the outer wall 31
FIG . 9 depicts an unsealed open configuration between the extends upward and away from the second radial ledge 37
supporting surface 21a at the inward facing collar surface 5 towards the outwardly flared rim 26 . The concentric inner
edge of the collar 20 and the inward facing sealing edge 41 surface 21 may be constructed to curve outwardly along an
of the annular seal 40 in which a fluid is allowed to flow out arc of a predetermined radius .
of the container 10 as will be shown in more detail in FIG . FIGS. 8 and 9 show protrusions 38 on the supporting
10 . surface 21a at the inner collar surface edge of the collar 20
The lower end 23 of the collar 20 defines the lower 10 adjacent to the rim 26 . A plurality of evenly spaced raised
cylindrical wall with a smaller diameter having male threads protrusions 38 and adjacent gaps 39 are provided concen
24 disposed on an outer surface thereof. The collar 20 may trically along the upper end of the collar 20 to ensure that the
be constructed as a frustoconical support member covering flow of fluid from inside of the container 10 can freely flow
a central opening of the upper end 13 of the container 10 . In between the inward sealing surface edge 41 of the annular
general, various walls extend inwardly from a concentric 15 seal 40 and the supporting surface 21a at the inner collar
inner surface 21 of the collar to an internal lower wall 33 that surface edge of the collar 20 of the container assembly 100 .
covers the central portion of the opening 13 to the container The spaced raised protrusions 38 and adjacent gaps 39 form
10 . a fluid communication pathway through which the fluid may
Adjacent to the rim 26 disposed proximal to the upper end flow from inside of the container 10 outward from the
26a of the collar 20 , the upper end 26a of the collar 20 forms 20 annular seal 40 .
an outwardly flared contour. An intermediate lower wall 32 The height of the raised protrusions 38 and gaps 39 are
extends radially inward in a downwardly stepped fashion constructed to optimize the amount of minimum suction
defining the central internal lower wall 33 over the opening force required by the user to lift the outermost radial edge 45
13 in the container 10 . The lowermost internal lower wall 33 of the annular seal 40 resting against the supporting surface
is positioned at a substantially central position within the 25 21a at the upper inward collar surface edge of the collar 20
collar 20 and over the opening 13 . away from the collar 20 so that the seal can be broken
In other words, the lower wall 33 expands radially out - without undue difficulty when a suction force is applied by
ward from a base 28 of a projection 27 to a peripheral edge the user. The height of the raised protrusions 38 can be
33a. The projection 27 may be positioned substantially varied to vary the amount of suction force required to break
central to the collar 20 opening. An intermediate wall 32 30 the seal and lift the outermost radial edge 45 away from the
extends radially upward from the peripheral edge 33a , supporting surface 21a .
outward and away from the lower wall 33 at a predetermined FIGS. 8 and 10 show the instance when a suction force is
angle towards a second radial ledge 37 . The radial ledge 37 applied with a predetermined negative suction pressure to
then expands radially outward a predetermined distance into the rim 26 of the collar 20 , the inward sealing surface edge
the concentric inner surface 21. The concentric inner surface 35 41 of the annular seal 40 will be lifted under the suction
21 extends upward and flares outward toward the upper end force with enough height to break the seal and allow the
26a of the collar 20 and terminates at the rim 26 . liquid to flow through the gaps 39 constructed on the
The projection 27 extends upward from the internal lower supporting surface 21a and the lifted inward sealing surface
wall 33 at the central position in the collar 20 . The projection edge 41 of the annular seal 40 on the inner surface of the rim
27 includes an upward post 28 that terminates to define an 40 26 .
uprightmushroom -shaped bulbous head 29 . Outer edges 30 FIGS. 8 and 11 show a plurality of radially apertures 34
of the bulbous head 29 extend radially outward beyond an disposed concentrically on the collar 20 . The radial apertures
outer surface of the post 28 . The outer edges 30 of the 34 create various passageways to allow the fluid in the
bulbous head 29 define a concentric shoulder 30 that extends container 10 to flow out of the container 10 and through the
radially outward beyond an outer surface of the post 28 . The 45 collar 20 into a reservoir cavity 35 provided above the
projection 27 may be made as a single integrated part of the apertures 34 and below the inward sealing surface edge 41
lower wall 33 or can be made as a separate part and of the annular seal 40. The various apertures 34 may be
permanently attached to the lower wall 33. The projection 27 constructed of a variety of different sizes and / or shapes . For
may be secured to the lower wall 33 in a variety of different example , the apertures 34 may be made smaller to reduce the
ways, such as by securely over-molded onto the lower wall 50 flow rate of the fluid exiting from the container 10 . Likewise ,
33 and / or any other suitable manner . the apertures 34 may bemade larger to increase the flow rate
As shown in FIG . 8 , the projection 27 may include a vent of the fluid exiting from the container 10 . Alternatively , in a
hole 36 to allow air to vent from an external environment single container, the apertures 34 may be varied , some may
back into the drinking container assembly 100 when a be smaller and /or larger to selectively vary the flow rate of
negative vacuum pressure has built up inside of the con - 55 the fluid exiting from the container 10 .
tainer assembly 100 . The vent hole 36 may be aligned with , At least one air vent aperture 36 is provided in the collar
and in fluid communication with a one -way air check valve 20 to allow the venting of air from the external atmosphere
aperture 42 provided in the annular seal 40 as will be back into the container assembly 100 . Entry of the air from
discussed in more detail later. the external atmosphere will allow the pressure within the
The lower wall 33 of the collar 20 radially expands 60 container 10 to come to an equilibrium state with the
outward laterally from the base of the central projection 27 pressure outside of the container assembly 100 as the user
to a first predetermined radial position over the opening 13a sucks fluid out from within the container 10 . As the user
of the container 10 . The lower wall 33 turns at an angle at sucks the fluid out of the container a negative vacuum
the first predetermined radial position and extends radially pressure is created within the container assembly 100 that
upward along an intermediate wall 32 toward an outer end 65 causes the air from the external environment to be drawn
of the collar 20 to a second predetermined radial position . At into the container 10 through a one-way air valve 42 and the
this second position , the collar 20 further expands radially vent hole 36 .
US 9,888,796 B2
The annular seal 40 is constructed to be disposed over the the collar 20 and the fluid inside of the container 10 is
collar 20 , opposite the container 10 . The annular seal 40 has allowed to be drawn out of the container assembly 100 under
a frustoconical shape constructed similar in shape to a the suction force applied to the rim of the container assembly
suction cup. The fluid seal between the annular seal 40 and 100 . That is, the internal pressure within the container
the collar 20 occurs between the outermost radial edge 455 assembly 100 is reduced and a vacuum is created inside of
and the supporting surface 21a at the inward facing collar the container assembly 100 relative to the atmospheric
surface edge adjacent to the rim 26 of the collar 20 . As pressure outside of the container assembly 100 . As a result,
shown in FIG . 8 , the lower end of the frustoconical shape of atmospheric air is drawn into the container assembly 100
the annular seal 40 substantially mirrors the upper side of the through the one-way air valve 42 and back into the container
inner frustoconical shape of the collar 20 . In position , the 10 assembly 100 through the vent hole 36 located in center of
annular seal 40 attaches to and substantially butts up against the annular seal 40 and the collar 20 respectively in an
an upper portion of the collar 20 of the container assembly attempt to reestablish an equilibrium pressure state between
100 to form a seal. the internal pressure within the container assembly 100 and
A recess 43 is provided in a lower side surface of the the atmospheric pressure surrounding the container assem
annular seal 40 that faces the upper surface of the collar 20 . 15 bly 100 .
A concentric flange 44 extends inwardly at the entry end of Referring back to FIG . 8 , the material construction of the
the recess 43 in the annular seal 40 in order to provide an annular seal 40 surrounding the projection 27 may be
engagement and locking mechanism to attach to a concentric substantially built up and /or thickened , as shown by the
shoulder 30 defined by the bulbous head 29 of the projection thickened raised portion 46 surrounding the projection 27, to
27. That is, the recess 43 of the annular seal 40 is pushed 20 provide the rigidity necessary to enable the interior cavity
down over the bulbous head 29 until the concentric flange 44 defined by the recess 43 and the concentric flange 44 to
slides over the bulbous head 29 and locks onto the concen - securely receive , hold and lock onto the extended outer
tric shoulders 30 below the bulbous head 29 . edges 30 of the projection 27 . The raised portion 46 is
FIG . 12 shows a bottom view of the collar 20 . As shown substantially large enough to comfortably support a finger,
in FIGS. 8 and 12 , an off-center opening 25 is provided in 25 such as a thumb depressing downward the raised portion 46
the lower wall 33 and partially disposed in the intermediate onto and over the projection 27 . The raised portion 46 may
wall 32 . The off -center opening 25 is provided to enable a take various ergonomically comfortable configurations suit
user to insert (such as with a finger ) through the off-center able to receive various parts of a user ' s hand .
opening 25 from below to push the annular seal 40 off of, FIGS. 11 , 13- 15 , 18 - 19 , 22- 23 , 25 and 28 depict various
and away from the projection 27 . In this way, a user can 30 views of the upper end of the non - spill container assembly
efficiently disassemble the component parts of the container 100 including a collar 20 and an annular seal 40 having a
assembly 100 and thoroughly clean the various components plurality of raised protrusions 38 and gaps 39 . The raised
in the container assembly 100 . protrusions 38 and gaps 39 are disposed concentrically on
An advantage of providing the off-center opening 25 is for either an underside of the annular ring 40 or on an inward
the user to be able to push their finger against a thicker 35 sealing surface edge 41 of the annular seal 40 or the
portion of the annular seal 40 that can endure the repetitive supporting surface 21a of the collar 20 . It is to be understood
pushing without causing damage to other sensitive portions that the raised protrusions 38 and gaps 39 may be inter
of the annular seal 40 which could jeopardize the sealing changeably located on the inward sealing surface edge 41 of
capabilities of the annular seal 40 itself. For example, the annular seal 40 or integrated as part of the supporting
pushing against the annular seal 40 adjacent to the one -way 40 surface 21a of the collar 20 as shown in FIGS. 8 , 17 - 19 ,
air vent aperture 42 or pulling against the inward sealing 22- 23, 25 and 28 . The raised protrusions 38 and gaps 39
surface edge 41 of the annular seal 40 can potentially define various channels through which the fluid within the
permanently deform and /or tear the annular seal 40 at container 10 may flow out of an opening between the inward
various locations . Some of those sensitive locations being sealing surface edge 41 of the annular seal 40 and the
the concentric flange 44 , the inward sealing surface edge 41 45 supporting surface 21a of the collar 20 .
and /or the one -way air vent aperture 42 which could rupture FIGS. 13 - 16 and 22 show various configurations for the
its sealing capabilities . projection 27 . In particular, the projection 27 may be embod
Referring back to FIG . 8 , the annular seal 40 includes a ied as solid projection 27a structure as shown in FIGS.
one-way air valve 42 that communicated with the vent hole 13 - 14 and 22 , or as a partially hollowed projection 27b
36 . The one-way air valve 42 is adapted to allow air to pass 50 having an open structure as shown in FIG . 15 , or a recessed
from the external environment through the annular seal 40 hollow closed structure as shown in FIG . 16 . As before , the
and into the air vent hole 36 . The air vent hole 36 is in fluid various projections 27a , 27b are constructed to be disposed
communication with an internal volume within the container and fastened within a recess 43 in the annular seal 40 as
10 into which the fluid is stored . As will be described later, described above .
a one -way air valve(s) may be provided in a variety of 55 In FIGS. 13 -14 , 16 and 28 , an air vent aperture 36a may
different locations to communicate with a vent hole 36 that be provided offset from an axial center of the container
can also be disposed in a variety of different locations on the assembly 100 to allow air to vent from an external environ
collar 20 . ment back into the drinking container assembly 100 . As
FIG . 10 depicts the container assembly 100 in operation . shown , the air vent apertures 36a are provided offset from
In use , when the user has tipped the rim 26 of the container 60 the center of the collar 20 . For example, and as shown in
assembly 100, over toward their lips, the fluid within the FIG . 16 , the air vent aperture 36a may be provided in
container 10 flows through the radially disposed apertures intermediate wall 32 and a one -way air vent valve aperture
34 in the collar 20 and collects in the reservoir cavity 35 42a may be aligned with and in fluid communication with
adjacent to the upper end of the annular seal 40 . As the user the air vent aperture 36a to allow the entry of air in from the
sucks at the edge of the container assembly 100 , the inward 65 external atmosphere . The lower end of the annular seal 40
sealing surface edge 41 of the annular seal 40 is lifted off of may include various channels 44 as shown in FIGS. 13 - 14
the supporting surface 21a at the concentric inner surface of and 16 . The channels 44 may be concentric and may be
US 9,888,796 B2
10
provided in fluid communication with the air vent aperture The concentric outermost end 54 of the lower wall 53 may
36a and the one-way valve aperture 42a . One of more air be comprised of a leak -proofmaterial capable of sealing the
vent aperture 36a may be provided around the center of the connection between the container 10 and the collar 20
container assembly 100 . As shown in FIG . 22 , the radially adjacent to the threaded attachment as shown in FIGS .
disposed apertures 34 may be optimally positioned to func - 5 18 - 19.
tion as the air vent apertures 36a in which the radially As before , the annular seal 40b includes an inward sealing
disposed aperture 34 is positioned below the one -way air surface edge 41 that applies a sealing pressure against the
vent valve aperture 42a to fluidly communicate with atmo - supporting surface 21a at the inwardly facing collar surface
spheric air outside of the container assembly 100 when a edge of the collar 20 to prevent spillage of the fluid from
vacuum is built up with in the container assembly 100 . 10 inside of the container 10 when no suction pressure is
FIG . 14 illustrates a cross section view of the upper end applied to the annular seal 40. When a suction pressure is
of the non -spill container assembly 100 having an upwardly applied to any location along the rim 26 , the inward sealing
extended pull tab 50 constructed into the upper surface of the surface edge 41 is lifted off of the supporting surface 21a at
annular seal 40 . The upwardly extended pull tab 50 is the inwardly facing collar surface edge of the collar 20 so
adapted for removing the annular seal 40 from the secure 15 that the fluid within the container 10 may flow out of the
position over the projection 27 . The pull tab 50 is sufficiently container assembly 100 .
pronounced and extends a predetermined distance above the The concentric outermost end 54 of the annular seal 206
upper surface of the valve 40 to receive a user's finger to and the inward projecting ledge 37 extending from the collar
grab onto the pull tab 50 and pull up with enough force to 20 include aligned fluid passages 34 , 34a . An air vent
lift the annular seal 40 from the projection 27a of the 20 aperture 36 is provided in the lower wall 53 to allow air to
container assembly 100 . vent from the external environment back into the drinking
FIG . 16 shows an alternative embodiment in which the container assembly 100 when a negative vacuum pressure
annular seal 40a is provided with a central aperture 46 . A
an has built up inside of the container assembly 100 .
concentric flange 44 defines an undercut shoulder 47 pro - The size , shape , orientation of the annular seal annular
vided at the central aperture 46 . In use, in order to engage 25 seal 40 , 40a , 40b may be configured in a variety of different
and lock the annular seal 40a onto and over the bulbous head ways . The annular seal 40, 40a , 40b may be constructed of
29a of the projection 27b , the concentric flange 44 of the any type of suitable elastic resilient sealing material adapted
central aperture 46 of the annular seal 40a is pushed down to provide a leak proof seal between the collar and the
over thebulbous head 29 until the concentric flange 44 slides annular seal. Likewise , one or more portions of the container
over a mating concentric shoulder 30 extending outward 30 assembly 100 may be co -molded to include various mate
from the bulbous head 29a and locks its undercut shoulder rials of various rigidity or strength . For example, the annular
47 onto the extended concentric shoulder 30 below the seal 40b may be comprised of a various resilient materials at
bulbous head 29a . different locations along the annular seal 40b, such as
FIG . 17 depicts an exploded view of a non - spill container various durometers at various locations on the annular seal.
assembly 100 having another exemplary annular seal 406 35 For example , the inward sealing surface edge 41 and con
according to the subject disclosure. The annular seal 40b is centric outermost edge 54 may be made from a softermore
positioned and secured within the container assembly 100 resilient material and the remainder of the annular flange
between the collar 20 and the container 10 as shown in 40b , may be made of a harder resilient material or durom
FIGS. 18 - 19 . eter.
FIGS. 18 - 19 show the annular seal 40b secured between 40 FIGS. 20 , 21 and 22 show another upper perspective , an
an inward projecting ledge 37 and an upper open end 13 of exploded view and a cross section view of the non - spill
the container 10 . The annular seal 40 also includes various drinking container assembly 100 . The construction for the
raised protrusions 38 and gaps 39 disposed between the container assembly 100 is similar to the embodiments
supporting surface 21a of the collar 20 , and the inward described above and functions similarly with only relatively
sealing surface edge 41 of the annular seal 40, respectively . 45 minor changes.
In one instance shown in FIG . 18 , the raised protrusions 38 The annular seal 40c includes a projecting raised portion
and gaps 39 are integrated onto the annular seal 406. As 46 having a radially outward extending flange 46a at the
shown in FIG . 19 , the raised protrusions 38 and gaps 39 are uppermost peripheral end of the projecting raised portion 46 .
integrated onto the supporting surface 21a at the inward FIG . 22 depicts a cross section of the container assembly
collar surface edge of the collar 20 . As shown in FIGS . 50 100 . As shown in more detail , the collar 20 has an internal
18 - 19 , the male 24 and female 16 threads may be reversed frustoconical shape wall . Likewise , the annular seal 40
to effect a secure mating connection between the container includes a mating frustoconical shape having an upwardly
10 and the collar 20. projecting bulb configuration in the center. Like the frusto
As shown , the collar 20 includes a side wall 31 with a pair conical shape walls of the various previous embodiments,
of handles 17 extending there from . As before , the collar 20 55 the collar 20 has a circular upper rim 26 end that extends
also includes an inward projecting ledge 37 that extends downwardly and inwardly from the rim 26 to a stepped
from the inward facing collar surface wall 21 of the collar intermediate wall 32 . The intermediate wall 32 extends
20 . Fluid passages 34 are disposed in the projecting ledge 37 inward to a closed lower wall 33 . And , the closed lower wall
and are adapted for alignment with fluid passages 34a in a 33 has a projection 27 that extends outward from its center.
concentric outermost end wall 54 extending from a lower 60 As before , a circular upper rim abutment surface and /or
wall 53 of the annular seal 406 . Fluid in the container 10 the supporting surface 21a is provided at an upper edge of
may flow out of the container 10 through the fluid passages the inward collar surface edge 21 and is adapted to form a
34 and 34a and into the reservoir cavity 35 between the fluid seal when an inward sealing edge 41 of the annular seal
annular seal 40b and the collar 20 . 40 lies against the supporting surface 21a at the inner collar
The concentric outermost end wall 54 that branches off of 65 surface edge .
and extends from the lower wall 53 of the annular seal 406 As shown in FIGS. 23 and 25 , a plurality of raised
extends across the upper open end 13a of the container 10 . protrusions 38 and adjacent gaps 39 are disposed radially
US 9 ,888,796 B2
12
adjacent to the supporting surface 21a defining various fluid The annular seal 40 as shown in FIGS . 22 and 29 - 34 is
channels along the supporting surface 21a . Likewise , a composed of a flexible valve constructed in a form of a
plurality of radially disposed apertures 34 are disposed frustoconical disc . As shown in cross section in FIG . 22 , the
radially around the projection 27 throughout the internal shape of the annular seal 40 is substantially similar to a
frustoconical shape walls 32 , 33 , 37 of the collar 20 to allow 5 shape of internal frustoconical shape wall 32 , 33 , 21a of the
the fluid in the container 10 to flow out of the container 10 collar 20 . A lower surface 49 of the annular seal 40 has a
and across the collar 20 into the reservoir cavity 35 provided recess 43 with a blind bore construction on its lower surface
above the apertures 34 and below the inward sealing surface 49 and at its center. The blind bore recess 43 is constructed
edge 41 of the annular seal 40c. to receive and secure a concentric flange 44 disposed at the
As mentioned previously, the various apertures 34 , 34a 10 lower surface 49 of the annular seal 40 onto the outer
may be constructed of a variety of different size openings extending edge 30 of the projection 27 in the collar 20 . As
and / or shapes . That is , the apertures 34 may bemade smaller with the other embodiments described , threads 16 , 24 are
to reduce the flow rate of the fluid exiting from the container provided at the bottom end of the collar 20 to securely fasten
10 . Likewise , the apertures 34 , 34a may be made larger to the collar 20 in the container 10 .
increase the flow rate of the fluid exiting from the container 15 In assembly, the annular seal 40 is positioned over an
10 . Alternatively, in a single container such as shown in upper surface of the collar 20 , opposite a lower surface
FIGS. 25 -26 , the apertures 34 may be varied in opening size facing the container 10 . The frustoconical shape of the
and shape , some may be smaller and /or larger to selectively annular seal 40 is also constructed similar in shape and
vary the flow rate of the fluid exiting from the container 10 function to a suction cup . The fluid seal of the annular seal
as the user draws in the fluid by a suction action around the 20 40 occurs between the outermost radial edge 41 of the
the rim 26 of the collar 20 . annular seal 40 and a concentric supporting surface 21a
Various modifications to the structure of the collar 20 and provided at the inward facing collar surface edge of the
annular seal 40 affect the fluid flow properties of the fluid out collar 20 adjacent to the rim 26 . The frustoconical shape of
of the container assembly 100 . For example , the various the annular seal 40 substantially mirrors the inner frusto
raised protrusions 38 and adjacent gaps 39 can be raised or 25 conical shape of the collar 20 . In position , the outermost
lowered and will affect the suction force required to lift the radial edge 41 of the annular seal 40 and the collar 20 butt
inward sealing surface edge 41 from the inward facing collar up against each other to form a seal. As shown in FIG . 34 ,
surface 20 edge . Likewise , the number and size of the the concentric outermost radial edge 41 of the annular seal
various apertures 34 will affect the flow rate of the fluid out 40 may be made thinner than the other portions of the
of the container assembly 100 . The surface area contact 30 annular seal 40 in order to provide a wall with enough of an
made between the inward sealing surface edge 41 of the optimal thickness that will seal the outermost radial edge 41
annular seal 40c and the supporting surface 21a of the collar to the collar 20 , albeit a thin enough outermost radial edge
20 will also affect the amount of suction required to lift the 41 that can be easily lifted off to break the seal with a
the inward sealing surface edge 41 away from the supporting predetermined amount of suction force provided by a user to
surface 21a of the collar 20 . Various other features can also 35 allow the fluid within the container 10 to flow out of the
affect the use and operation of the container assembly 100 . container assembly 100 .
As shown in FIG . 22, the various apertures 34 also act as As shown in FIG . 22 , the concentric flange 44 extends
an air vent passage to communicate air from a one -way air inwardly at the lower surface 49 entry end of the recess 43
vent valve aperture 42a back into the container 10 of the in the annular seal 40 . The concentric flange 44 is con
container assembly 100 . The apertures 34 allow the pressure 40 structed to provide an engagement and locking mechanism
within the container 10 to come to an equilibrium state with onto which a concentric shoulder 30 of the bulbous head 29
the pressure outside of the container assembly 100 . That is, of the projection 27 may be secured . That is, the recess 43
after the user has sucked fluid out from within the container at the lower surface 49 of the annular seal 40 is aligned with
10 and has caused a negative vacuum pressure within the and pushed down over the bulbous head 29 until the con
container assembly 100 , the apertures 34 allow air to flow 45 centric flange 44 slides over the bulbous head 29 and locks
back into the container 10 under a negative pressure drawing onto the concentric shoulders 30 defining the lower end of
in air through the one -way air vent aperture 42a . the bulbous head 29 .
As before , the plurality evenly spaced raised protrusions To remove annular seal 40 from the collar 30 , the user
38 and adjacent gaps 39 are provided to ensure that the flow may grab onto the radially extending flange 46a and pull it
of fluid from inside of the container 10 can freely flow 50 upward away from the collar 20 . In this manner, the con
between the inward sealing surface edge 41 of the annular centric flange 44 is lifted off of the shoulder 30 on the
seal 40 and the supporting surface 21a at the upper inward projection 27 thereby disengaging the annular seal 40 from
facing collar surface edge of the collar 20 . The raised collar 30 . Removing the annular seal 40 from the collar is an
protrusions 38 and gaps 39 are constructed to optimize the advantage when a user desires to wash and / or clean the
amount ofminimum suction force required by the user to lift 55 various component parts of the container assembly 100 . The
the outer edge of the annular seal 40 resting against the embodiment provided in FIGS. 20 - 34 function similar to the
supporting surface 21a away from the collar 20 so that the various other embodiments provided in this subject disclo
seal can be broken without undue difficulty when a suction sure .
force is applied by the user. Likewise , an advantage of providing the radially extend
When a suction force is applied with a predetermined 60 ing flange 46a is to enable the user to pull the annular seal
negative suction pressure to the rim 26 of the collar 20 , the 40 away from the collar 20 without jeopardize the sealing
inward sealing surface edge 41 of the annular seal 40 will be capabilities of the annular seal 40 itself as a consequence of
lifted under the suction force . The inward sealing surface repetitive removal and installation of the annular valve 40 .
edge 41 will lift off of the supporting surface 21a at the For example , pushing against the annular seal 40 adjacent to
collar surface edge with enough height to break the seal and 65 the one-way air vent aperture 42 or pulling against the
allow the liquid to flow between the raised protrusions 38 inward sealing surface edge 41 of the annular seal 40 can
and in the gaps 39 on the supporting surface 21a . potentially permanently deform and/or tear the annular seal
US 9 ,888 ,796 B2
13 14
40 at various locations . Some of those sensitive locations to the open upper end having one or more protru
being the concentric flange 44 , the inward sealing surface sions disposed radially defining one or more chan
edge 41 and/or the one -way air vent aperture 42a which nels;
could rupture its sealing capabilities . a fastener assembly provided opposite the internal wall ;
As shown in more detail in FIGS. 22 and 33 -34 , the 5 and
annular seal 40 includes one -way air valve apertures 42a a seal having an aperture for receiving and securing the
aligned with , and in fluid communication with the various projection therein and a seal perimeter substantially
radially disposed apertures 34 . The one -way air vent valve similar to a collar perimeter of the open upper end that
apertures 42a may include a recess 60 on an inner upper creates a leakproof seal with the open upper end of the
surface 61 of the annular seal 40 . The valve apertures 42a 10 collar.
may also include a complimentary recess 62 on a lower 6 . The non -spill collar and seal assembly in claim 5 ,
surface 63 of the annular seal 40. The complementary recess wherein the projection has at least one shoulder and the
62 is adapted to allow the entry of air in from the external aperture has at least one flange that is engaged and locked to
atmosphere as the volume of fluid in the container 10 is the shoulder on the projection therein .
drawn out to replace the absence of the volume displaced 15 7 . The non - spill collar and seal assembly in claim 5 ,
and the vacuum created by the displacement of fluid . The wherein the seal comprises one or more air valves adapted
depth of the two recesses 60 , 62 are constructed to provide to communicate the transfer of air through the seal.
an optimum thickness through which the one -way valve 8 . The non -spill collar and seal assembly in claim 5 ,
aperture 42a in the container assembly 100 is disposed . wherein the protrusions have alternating lengths.
The illustrations and examples provided herein are for 20 9 . A non -spill collar and seal assembly , comprising:
explanatory purposes and are not intended to limit the scope a collar comprising:
of the appended claims. It will be recognized by those an open upper end ;
skilled in the art that changes or modifications may be made a closed lower end having a projection extending
to the above described embodiment without departing from outward therefrom and one or more passages dis
the broad inventive concepts of the invention . It is under - 25 posed through the closed lower end to channel a
stood therefore that the invention is not limited to the fluid ;
particular embodimentwhich is described , but is intended to an internal wall having a frustoconical shape that
cover all modifications and changes within the scope and extends from the open upper end to the closed lower
spirit of the invention . end, and a support surface provided along an inner
What is claimed : 30 surface of the internal wall adjacent to the open
1. A non -spill collar and seal assembly, comprising : upper end having one or more protrusions disposed
a collar comprising : radially adjacent to the support surface defining one
an open upper end proximate to and including an upper or more channels ; and
end of a sidewall, an upper perimeter, and a rim ; a fastener assembly provided opposite the internal wall ;
a closed lower end having a projection extending 35 and
upward therefrom and one or more passages dis - a seal having an aperture for receiving and securing the
posed through the closed lower end to channel a projection therein and having a shape substantially
fluid ; similar to an inner surface of the internal wall that
the sidewall having a tapered shape that extends from creates a leakproof seal with the inner surface of the
the open upper end inward toward the closed lower er 40 internal wall.
end , and a support surface provided along an inner 10 . The non - spill collar and seal assembly in claim 9 ,
surface of the sidewall adjacent to the open upper wherein the projection has at least one shoulder and the
end having one or more protrusions disposed radially aperture has at least one flange that is engaged and locked to
adjacent to the support surface defining one or more the shoulder on the projection therein .
channels ; and 45 11 . The non -spill collar and seal assembly in claim 9 ,
a fastener assembly provided on an external wall of the wherein the inner surface extends to an uppermost periph
collar ; and eral edge of the open upper end .
a seal having a surface substantially similar to a shape of 12 . The non - spill collar and seal assembly in claim 9 ,
the open upper end, the seal having an aperture for wherein the seal is biased to seal a peripheral edge against
receiving and securing the projection therein . 50 the support surface such that the channels are covered by the
2 . The non - spill collar and seal assembly in claim 1 , seal.
wherein the sidewall extends from the open upper end 13 . The non - spill collar and seal assembly in claim 12 ,
frustoconically to the closed lower end. wherein when the peripheral edge of the annular seal is lifted
3 . The non -spill collar and seal assembly in claim 1, off of the support surface in response to a suction force
wherein the seal comprises one or more air valves adapted 55 generated by a mouth of a user, at least one of the channels
to communicate the transfer of air through the seal. is partially exposed to form a fluid communication pathway
4 . The non -spill collar and seal assembly in claim 1 , between an interior of the peripheral edge and the support
wherein the protrusions have varying sizes . surface of the collar thereby allowing a fluid to flow through
5 . A non -spill collar and seal assembly , comprising: the channels into the mouth of the user.
a collar comprising : 60 14 . The non - spill collar and seal assembly in claim 9 ,
an open upper end ; wherein the seal comprises one or more air valves adapted
a closed lower end having a projection extending to communicate the transfer of air through the seal.
outward therefrom and one or more passages dis 15 . A non -spill collar and seal assembly, comprising :
posed through the closed lower end ; a collar comprising:
an internal wall having a frustoconical shape that 65 an open upper end ;
extends from the open upper end to the closed lower a closed lower end having one or more passages
end, and an inner surface of the internalwall adjacent disposed through the closed lower end to channel a
US 9 ,888 ,796 B2
15
fluid and a projection extending outward from the
closed lower end, the projection having at least one
shoulder;
an internal wall having a frustoconical shape that
extends from the open upper end to the closed lower 5
end , and a support surface provided along an inner
surface of the internal wall adjacent to the open
upper end having one or more protrusions disposed
radially adjacent to the support surface defining one
or more channels ; and 10
a fastener assembly provided opposite the internal wall ;
and
a seal having a surface substantially similar to a shape of
the open upper end and having an aperture , the aperture
having at least one flange that is engaged and locked to 15
the shoulder on the projection therein .
16 . The non - spill collar and seal assembly in claim 15 ,
wherein the flange has at least one undercut shoulder to
engage and lock at least the shoulder on the projection .
17 . The non -spill collar and seal assembly in claim 16 , 20
wherein the flange of the aperture , the undercut shoulder of
the flange and the shoulder of the projection are concentric .
18 . The non -spill collar and seal assembly in claim 17 ,
wherein the shoulder of the projection is radially wider than
a neck of the projection . 25
19 . The non -spill collar and seal assembly in claim 15 ,
wherein the seal is biased to seal a peripheral edge against
the support surface such that the channels are covered by the
seal.
20 . The non - spill collar and seal assembly in claim 15 , 30
wherein the seal comprises one or more air valves adapted
to communicate the transfer of air through the seal.
* * * *
EXHIBIT B
USOOD744281 S
(12) United States Design Patent (10) Patent No.: US D744.281 S

Dunn et al. (45) Date of Patent: . Dec. 1, 2015
(54) CONTAINER D354.200 S * 1/1995 Grappolini..................... D7/511
D421,877 S * 3/2000 La Torre ... D7/510
D457,034 S * 5/2002 Bodium .......................... D7/510
(71) Applicant: MUNCHKIN. INC., Van Nuys, CA 6,640,992 B1 * 1 1/2003 Berger ............... A47G 19,2261
(US) 220,603
D588,871 S * 3/2009 Miller ............................ D7/510
(72) Inventors: Steven Bryan Dunn, Beverly Hills, CA D591,107 S * 4/2009 Dominique ... D7/510
(US); Mark A. Hatherill, Beverly Hills, D593,365 S * 6/2009 Miller ............................ D7/510
CA (US); Kevin Douglas Johnson 7,549,556 B2 * 6/2009 Miller ................ A47G 19,2272
s s 137,853
Tarzana, CA (US); Matthew Joseph D598,712 S * 8/2009 Alviar ............................ D7/510
Saxton, Agoura, CA (US) D615,359 S * 5/2010 George ... D7/510
D622,547 S * 8/2010 Carreno . D7/510
(73) Assignee: Munchkin, Inc., Van Nuys, CA (US) D627, 196 S * 1 1/2010 George ... D7/510
D627, 198 S * 1 1/2010 Hull ........ D7,500
ck D631,293 S * 1/2011 Ross .............................. D7/510
(**) Term: 14 Years 8,272.525 B1* 9/2012 La Torre ............ A47G 19,2272
220.254.1
(21) Appl. No. 29/510,847 D676,709 S * 2/2013 Thomas ......................... D7/510
8,453,870 B2 * 6/2013 Berg .................. A47G 19,2272
(22) Filed: Dec. 3, 2014 215,311
D702,086 S * 4/2014 Thurlow ........................ D7/510
Related U.S. Application Data D720,962 S * 1/2015 Coon ...... D7/510
D721,920 S * 2/2015 Coon ...... D7/510
(63) Continuation of application No. 14/514,186, filed on D722,826 S * 2/2015 Coon ............................. D7/511
Oct. 14, 2014. k cited
. by examiner
(51) LOC (10) Cl. ................................................ O7-O1
(52) U.S. Cl. Primary Examiner — Marianne Pandozzi
USPC ............................... D7/510; D7/511; D7/523 (74) Attorney, Agent, or Firm — Robert Z. Evora, Esq.;
(58) Field of Classification Search Wade C. Yamazaki
USPC .......... D7/515-520,510,511, 509, 507,599,
D7/302,301, 539, 523; D9/625, 620, 616, (57) CLAM
D9/645; 220/703,705, 592.16, 714, 715, The ornamental design for a container, as shown and
220/630, 713; 206/217 described
CPC .............. A47G 19/2205; A47G 19/22: A47G
19/2227; A63H33/22: A63H3/00; G09F
3/00; B65D 21/02 DESCRIPTION
See application file for complete search history.
FIG. 1 is an upper front perspective view of a container of our
(56) References Cited new design;
U.S. PATENT DOCUMENTS
FIG. 2 is a bottom front perspective view thereof;
FIG. 3 is a front view thereof;
4,238,045. A * 12/1980 D'Andria ........... A476,220.254.5
19272 FIG. 4 is a top view thereof; and,
FIG. 5 is a bottom view thereof.
4,460,101 A * 7, 1984 Tseng .................... B65D 51/24
215/307 1 Claim, 4 Drawing Sheets
U.S. Patent Dec. 1, 2015 Sheet 1 of 4 US D744.281 S
F.G. 1

FG. 3
FG. 4
F.G. 5
,/1'44 (Rev. 04/13/16) Case: 1:18-cv-06337 Document
CIVIL#:COVER
1-3 Filed: 09/17/18 Page 1 of 1 PageID #:50
SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
MUNCHKIN, INC. TOMY INTERNATIONAL, INC.
(b) County of Residence of First Listed Plaintiff Outside of District County of Residence of First Listed Defendant DuPage County
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Vladimire I. Arezina, varezina@lathropgage.com, Telephone: (312) 920-3300 Unknown

Lathrop Gage LLP, 155 N. Wacker Drive, Suite 3000
Chicago, IL 60606
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729 (a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts
362 Personal Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights 510 Motions to Vacate Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting Sentence or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment Habeas Corpus: 871 IRS—Third Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ 530 General 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 535 Death Penalty 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities 540 Mandamus & Other IMMIGRATION State Statutes
Employment 550 Civil Rights 462 Naturalization Application
446 Amer. w/Disabilities 555 Prison Condition 463 Habeas Corpus -
Other 560 Civil Detainee - Alien Detainee
448 Education Conditions of (Prisoner Petition)
Confinement 465 Other Immigration
Actions
V. ORIGIN (Place an “X” in One Box Only)

Transferred from
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 6 Multidistrict
Another District
Proceeding State Court Appellate Court Reopened (specify) Litigation
VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are VII. Previous Bankruptcy Matters (For nature of suit 422 and 423, enter the case
filing and write a brief statement of cause.) number and judge for any associated bankruptcy matter previously adjudicated by a judge of
this Court. Use a separate attachment if necessary.)
35 U.S.C. § 271, §§ 281–285, § 289; patent infringement
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P.
JURY DEMAND: Yes No
IX. RELATED CASE(S) (See instructions):
IF ANY JUDGE DOCKET NUMBER
X. This case (check one box) Is not a refiling of a previously dismissed action is a refiling of case number previously dismissed by Judge
DATE 09/17/2018 SIGNATURE OF ATTORNEY OF RECORD /s/ Vladimir I. Arezina

Munchkin v. TOMY Int'l - Complaint

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Case: 1:18-cv-06337 Document #: 1 Filed: 09/17/18 Page 1 of 9 PageID #:1

IN THE UNITED STATES DISTRICT COURT

7. Munchkin’s track record of introducing innovative new technology is

A non-spill collar and seal assembly, comprising:

an open upper end proximate to and including an upper end of a sidewall,

are in no event less than a reasonable royalty.

invention disclosed in the ‘281 Patent.

against Defendant Tomy International, Inc.:

Dated: September 17, 2018 Respectfully submitted,

By: /s/ Vladimir I. Arezina

Vladimir I. Arezina (ARDC No. 6276348)

(12) United States Patent ( 10) Patent No.: US 9,888,796 B2

Related U . S . Application Data 6 , 202, 877 B13 / 2001 La Torre et al.

U . S . Patent Feb . 13, 2018 Sheet 1 of 23 US 9 ,888 ,796 B2

U . S . Patent Feb . 13 , 2018 Sheet 2 of 23 US 9 ,888 ,796 B2

U . S . Patent Feb . 13, 2018 Sheet 3 of 23 US 9 , 888 ,796 B2

U . S . Patent Feb . 13 , 2018 Sheet 4 of 23 US 9 ,888 ,796 B2

U . S . Patent Feb . 13 , 2018 Sheet 5 of 23 US 9 ,888 ,796 B2

U . S . Patent Feb . 13, 2018 Sheet 6 of 23 US 9 ,888, 796 B2

atent Feb . 13 , 2018 Sheet 7 of 23 US 9 ,888 ,796 B2

U . S . Patent Feb . 13 , 2018 Sheet 8 of 23 US 9 , 888 ,796 B2

225 / 338 44 30 486

U . S . Patent Feb . 13 , 2018 Sheet 9 of 23 US 9 ,888, 796 B2

U . S . Patent Feb. 13 , 2018 Sheet 10 of 23 US 9 , 888 , 796 B2

U , S , Patent _ Feb . 13, 2018

Feb . 13, 2018

U . S . Patent Feb . 13 , 2018 Sheet 13 of 23 US 9 , 888 ,796 B2

U . S . Patent Feb . 13 , 2018 Sheet 14 of 23

FIG . 18 21_ n llá 38 / 39

U . S . Patent Feb . 13, 2018 Sheet 15 of 23 US 9 ,888 ,796 B2

U . S . Patent Feb . 13, 2018 Sheet 16 of 23 US 9 ,888 ,796 B2

mrsmu t kinto the

FIG . 21 PAR SELL

U . S . Patent Feb . 13 , 2018 Sheet 17 of 23 US 9 , 888 ,796 B2

U . S . Patent Feb . 13 , 2018 Sheet 18 of 23 US 9 ,888 ,796 B2

tonu Tsoporu upu

U . S . Patent Feb . 13 , 2018 Sheet 19 of 23 US 9 ,888 ,796 B2

U . S . Patent Feb . 13 , 2018 Sheet 20 of 23 US 9 ,888 ,796 B2

Hiiri - i.- .- - . . . 12 , -- Tiririi 1 Ar ????? - ???????? - ? - ???? ?

. -. - 1 -1-2 , 4 u- n .- - L . L4 .11 . - . - . - 2 -- IV . 2 . 17 . . . , - ' - 1 - 4 . 11 : 14 - : - / -/ 4 - 4 - . - ; - - , - , -k ira ,

FIG . 28 g 127 134 225

U . S . Patent Feb . 13 , 2018 Sheet 21 of 23 US 9 ,888 ,796 B2

U . S . Patent Feb . 13 , 2018 Sheet 22 of 23 US 9 ,888 ,796 B2

U . S . Patent Feb . 13 , 2018 Sheet 23 of 23 US 9 ,888 ,796 B2

I - LEA . .LL , UL .M INUS - PURA UNIVERSAL L udru VOLVO

422 45a perterwith

(12) United States Design Patent (10) Patent No.: US D744.281 S

U.S. Patent Dec. 1, 2015 Sheet 1 of 4 US D744.281 S

U.S. Patent Dec. 1, 2015 Sheet 2 of 4 US D744.281 S

U.S. Patent Dec. 1, 2015 Sheet 3 of 4 US D744.281 S

U.S. Patent Dec. 1, 2015 Sheet 4 of 4 US D744.281 S

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