Case 4:19-cv-00938-ALM Document 1 Filed 12/26/19 Page 1 of 7 PageID #: 1

IN THE UNITED STATES

DISTRICT COURT FOR THE
EASTERN DISTRICT OF TEXAS

§
Think Tank Innovations, LLC, §
§
Plaintiff, §
v. § Civil Action No. _________
§
Buffalo Wild Wings, Inc. § JURY TRIAL DEMANDED
§
Defendant. §
§
§
§

Plaintiff’s Original Complaint

Plaintiff Think Tank Innovations, LLC files this Complaint against Defendant

Buffalo Wild Wings, Inc. for patent infringement under 35 U.S.C. § 271(a). In support

thereof, Plaintiff alleges as follows:

Parties

1. Plaintiff Think Tank Innovations, LLC (“Think Tank”) is a Michigan

company with a principal place of business at 278 E. Haslett Road, Haslett, Michigan

48840.

2. Upon information and belief, Buffalo Wild Wings, Inc. (“BWW”) is a

Minnesota corporation with a principal place of business at 5500 Wayzata Blvd., Suite

1600, Minneapolis, Minnesota 55416. BWW does not have a registered agent in Texas

and may be served by serving its President, Lyle Tick.

Jurisdiction and Venue

3. This action arises under the patent laws of the United States, 35 U.S.C. §

100, et seq., for infringement of one or more claims of U.S. Patent No. 9,139,413 (“the ’413

patent”), issued on September 22, 2015, to David J. Fedewa, titled “Foam Reducing
 Case 4:19-cv-00938-ALM Document 1 Filed 12/26/19 Page 2 of 7 PageID #: 2

Container.” See Exhibit A.

4. This Court has subject matter jurisdiction over this action under 28 U.S.C.

§§ 1331 and 1338(a).

5. This Court has personal jurisdiction over Defendant BWW because BWW

conducts business throughout the United States, including in this district. Upon

information and belief, BWW has committed acts of patent infringement in this district.

6. Venue is proper in this district under 28 U.S.C. §§ 1391(b), 1391(c), and

1400(b) because, among other reasons, BWW is subject to personal jurisdiction in this

district and has a regular and established place of business in this district, including but

not limited to its location at 2035 N. Central Expressway, McKinney, Texas 75070.

Factual Background

7. Mr. Fedewa invented the beverage pitcher described and claimed in the ’413

patent in response to a need to reduce foam production in carbonated beverages and to

increase the productivity of anyone dispensing beverages. The foam reducing container

disclosed in the ’413 patent uses angled interior sections to reduce the level of foam

created when pouring a carbonated liquid into the container and claims the added benefit

of doing so while resting flat on a surface below without intervention or tilting by the user.

8. An embodiment of the claimed pitcher can be found at Figure 4 of the ’413

patent:

’413 Patent Fig. 4

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9. Mr. Fedewa conceived of and reduced his invention to practice no later than

April 3, 2012, when he filed the provisional application which ultimately became the ’413

patent.

10. Mr. Fedewa assigned all his rights, title, and interest to the ’413 patent to

Plaintiff Think Tank.

11. Think Tank offers beverage pitchers for sale, through its non-exclusive

licensee, San Jamar, Inc., that read on the claims of the ’413 patent. The Think Tank

proprietary pitcher appears as follows:

12. In addition to their foam reducing properties resulting from the claimed

interior curvature, the Think Tank pitchers have the added benefit of including flat

surfaces amenable to branding and/or advertising.

13. Beginning at least as early as February 2019, Defendant BWW has begun

using a foam reducing beverage container that also reads upon the claims of the ’413

patent:

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14. The pitchers are available in BWW locations across the country and

typically contain advertisements or branding for major beer brands such as Bud Light.

15. The infringing pitchers featured prominently in BWW’s advertisements for

the 2019 National Football League season, including in BWW’s television commercials

and print media:

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16. Upon information and belief, the pitchers used by BWW are manufactured

by or for Kurve Products, Inc.

17. Neither BWW nor Kurve Products, Inc. are licensed or otherwise

authorized in any way by Think Tank or Mr. Fedewa.

Patent Infringement Under 35 U.S.C. § 271

18. The facts and allegations as stated in paragraphs 1 to 17 are incorporated

herein by reference as if restated in their entirety.

19. Think Tank is the sole owner of the ’413 patent.

20. BWW has infringed directly or under the doctrine of equivalents one or

more claims of the ’413 patent under 35 U.S.C. § 271(a) by making, having made, using,

selling, importing, or offering for sale the accused products in the United States without

a license to the ’413 patent.

21. Think Tank has been damaged by BWW’s infringement and is entitled to

all relief available under the Patent Act, including but not limited to disgorgement of

BWW’s profits under 35 U.S.C. § 289 and/or Think Tank’s lost profits. In any event,

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Think Tank is entitled to no less than a reasonable royalty for BWW’s unlicensed use of

the ’413 patent.

Prayer for Relief

WHEREFORE, Think Tank respectfully requests that this Court enter judgment

in its favor against BWW and grant the following relief:

A. judgment that BWW has infringed directly or under the doctrine of

equivalents the ’413 patent under 35 U.S.C. § 271(a);

B. judgment awarding damages, including disgorgement of BWW’s profits

but not less than a reasonable royalty, as well as prejudgment and post-judgment

interest, costs, and supplemental damages for any continuing post-verdict infringement

through the entry of a final judgment;

C. an order requiring BWW to account for all past, present, and future

infringement and for periodic accountings of BWW’s future manufacturing, use, sale,

offering for sale, or importing of infringing pitchers through the life of the ’413 patent;

D. judgment awarding costs under 28 U.S.C. § 1920; and

E. all such other actual and equitable relief to which Think Tank is entitled or

this Court deems just and proper.

Jury Trial Demanded

Think Tank demands a trial by jury on all claims and issues so triable.

Dated: December 26, 2019 Respectfully submitted,

_/s/ Holly H. Barnes_______

Edward W. Goldstein
State Bar No. 08099500

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Case 4:19-cv-00938-ALM Document 1 Filed 12/26/19 Page 7 of 7 PageID #: 7

GOLDSTEIN LAW, PLLC

710 N. Post Oak, Suite 350
Houston, Texas 77024
Phone: (713) 877-1515
Email: egoldstein@gliplaw.com

Holly H. Barnes
State Bar No. 24045451
THE LAW OFFICES OF HOLLY BARNES, PC
2118 Smith Street
Houston, Texas 77396
Phone: (214) 497-4567
Email: hbarnes@barnesoffices.com

Counsel for Plaintiff

Think Tank Innovations, LLC

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Case 4:19-cv-00938-ALM Document 1-1 Filed 12/26/19 Page 1 of 13 PageID #: 8
US009139413B2

(12) United States Patent (10) Patent No.: US 9,139,413 B2

Fedewa (45) Date of Patent: Sep. 22, 2015
(54) FOAM REDUCING CONTAINER (56) References Cited
(71) Applicant: David J. Fedewa, Haslett, MI (US) U.S. PATENT DOCUMENTS
2,170,311 A * 8, 1939 Smith ........................... 220/575
(72) Inventor: David J. Fedewa, Haslett, MI (US) 2,189,136 A * 2/1940 Shin ... 215.382
2,215,691 A * 9, 1940 East ............ ... 220,501
(*) Notice: Subject to any disclaimer, the term of this 3: A :
wW -
13: Sisters al. ea.
2: .
patent 1S extended O adjusted under 35 2.921,706 A ck 1, 1960 Johnson . . . . . . . . 215/12.1
U.S.C. 154(b) by 260 days. 3,205,678 A * 9/1965 Stoner ... ... 62,457.4
3,589,542 A * 6/1971 Dillon ............ ... 215.382
(21) Appl. No.: 13/838,167 3,861,565 A * 1/1975 Rickmeier, Jr. ... ... 222,131
4,655,373 A * 4, 1987 Essen ................. 222,465.1
4,718,565 A 1, 1988 Zimmermann ............... 215.382
(22) Filed: Mar 15, 2013 4,957,224. A 9/1990 Kessler et al.
5,086,817 A * 2/1992 Murphy ........................ 141,271
(65) Prior Publication Data 5,267,669 A * 12/1993 Dixon et al. .................. 222 173
5,289.953 A 3/1994 McMillan, III et al.
US 2013/O255825A1 Oct. 3, 2013 5,335,705 A * 8/1994 Morishita et al. ............. 141,275
5.487,486 A * 1/1996 Meneo .......................... 220,504
5,845,807 A 12/1998 De Villiers
O O 6,065,603 A * 5/2000 Filice et al. ... ... 206,519
Related U.S. Application Data D444,987 S * 7/2001 McGrath et al. D7,319
6,295,831 B1 * 10/2001 Watson ........................ 62.f457.3
(60) Provisional application No. 61/619,750, filed on Apr. 6,755,328 B1 6/2004 Franco
3, 2012. D501,354 S * 2/2005 Graves et al. .................. D7,316
7,748,417 B2* 7/2010 Arcuri ............ ... 141,198
(51) Int. Cl 8,678,215 B2 * 3/2014 Steiger et al. ................. 215/398
i.7) i/08 (2006.01) 2012fO2481 17 A1* 10/2012 Corbett et al. ........... 220/495.06
A47G 9/00 (2006.01) * cited by examiner
A47G (9/12 (2006.01) Primary Examiner — Timothy L. Maust
A47G (9/22 (2006.01) (74) Attorney, Agent, or Firm — Endurance Law Group,
(52) U.S. Cl. PLC
CPC .............. B67D I/0804 (2013.01); A47G 19/00
(2013.01); A47G 19/12 (2013.01); A47G (S7) ABSTRACT
19/2233 (2013.01); B67D 2210/00065 A foam reducing container for reducing the level of foam
(2013.O1 ) created when pouring a carbonated liquid
C into the container.
(58) Field of Classification Search The foam reduction container generally includes the con
CPC ............ B67D 2210,00065, B67D 2210,00081 tainer body having sidewalls extending from a base and the
USPC ............. 141/2, 250, 266, 271-278,369,373, sidewalls defining at least one impact sloped wall for receiv
141/377; 220/608, 623; 215/382 ing a beverage poured from a delivery system.
See application file for complete search history. 13 Claims, 8 Drawing Sheets
93

*-
91

15-1

92 91
40

(
80
41
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U.S. Patent Sep. 22, 2015 Sheet 1 of 8 US 9,139,413 B2

FIG. 1
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U.S. Patent Sep. 22, 2015 Sheet 2 of 8 US 9,139,413 B2

Case 4:19-cv-00938-ALM Document 1-1 Filed 12/26/19 Page 4 of 13 PageID #: 11

U.S. Patent Sep. 22, 2015 Sheet 3 of 8 US 9,139,413 B2

FIG. 3
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U.S. Patent Sep. 22, 2015 Sheet 4 of 8 US 9,139,413 B2

6O
12

14

42
FIG. 4
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U.S. Patent Sep. 22, 2015 Sheet 5 of 8 US 9,139,413 B2

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U.S. Patent Sep. 22, 2015 Sheet 6 of 8 US 9,139,413 B2

13

60 12
5O

"N

3O N

41

FIG. 6
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U.S. Patent Sep. 22, 2015 Sheet 7 of 8 US 9,139,413 B2

41

FIG. 7
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U.S. Patent Sep. 22, 2015 Sheet 8 of 8 US 9,139,413 B2

181
181

18O

N. 14O 140

FIG. 8A FIG. 8B

18O
181 S

140

FIG. 8C
Case 4:19-cv-00938-ALM Document 1-1 Filed 12/26/19 Page 10 of 13 PageID #: 17
US 9,139,413 B2
1.
FOAM REDUCING CONTAINER
CROSS-REFERENCE TO RELATED
APPLICATIONS
This application claims priority benefit to provisional
patent application No. 61/619,750 filed Apr. 3, 2012, the
subject matter of which is incorporated by reference in its
entirety.
FIELD OF THE INVENTION
The invention is directed towards relates generally to con
tainers and more specifically carbonated beverage containers
or vessels, particularly a foam reducing container for reduc
ing the level of foam created when pouring a carbonated
liquid into the container.
BACKGROUND
It is well known that carbonated beverages create foam
when being poured from a pressurized system into a glass,
pitcher, or other container prior to consumption. This foam
generates waste of the beverage and ultimately wasted cost of
the product. If poured directly into a pitcher for example,
beer, will create a highly undesirable quantity of foam. One
way to somewhat reduce foam generation is to manually
angle a pitcher such that the beer will enter the pitcher hitting
a sidewall will filling. This requires attending by a bartender
or the like and restricts his or her ability to perform other
tasks. Moreover, foam is still created even if reduced com
pared to a pitcher sitting flat below an exit spout of the beer
tap.
Systems exist that deliver the beverage directly to the bot
tom of the container without the impact of a traditional pour.
However, these systems are highly expensive and require an
overhaul of a bar beverage delivery system. Accordingly, a
need exists for a container adapted to reduce foam when
pouring a beverage into the container.
SUMMARY
The present disclosure relates to a beverage container
including: (a) a vessel defining an interior space having a
front and rear side, the vessel having a base and sidewalls
Surrounding the interior space, the sidewalls extending
upward from the base and sized and shaped to retain a liquid
beverage; and (b) an opening defined at a top portion of the
vessel to allow for the liquid beverage to enter and exit the
interior space. The sidewalls define at least one angled section
relative to a vertical axis, the angled section extending from
the top portion to the base of the vessel inward towards the
interior space and forming a curved intersection with an inte
rior floor formed on top of the base. The angled section
intersection with the interior floor is formed to be suitable to
reduce foam production from a carbonated beverage when
entering the interior space of the vessel.
In an example, the sidewalls are formed to reduce foam
production when a carbonated beverage enters the vessel
when the container rests flat on a surface below a carbonated
beverage delivery system. The carbonated beverage delivery
system can be a keg and tap System. In a further example, the
foam produced when filling the beverage container resting
flat under the carbonated beverage delivery system is one inch
or less. In yet another example, a handle is formed on an
exterior surface of the vessel on the rear side of the vessel, and
wherein the handle is formed along the vertical axis of the
2
vessel and sized and shaped to allow manual maneuvering of
the vessel for lifting and pouring. The angled section can be
defined on the rear side or a front side of the vessel.
In even yet another example, a target indicia is defined on
the angled section, wherein target indicia is located at a posi
tion Such that the carbonated beverage upon entering the
vessel contacting the indicia first allows for reduced foam
production as the vessel is filled with the carbonated bever
age. The vessel can be a beer pitcher adapted to reduce foam
10
production as beer is poured into the pitcher.
The present disclosure further provides for a method of
reducing foam production created in pouring a carbonated
beverage into a container, the method comprising the steps of
(a) placing a beverage container below a carbonated beverage
15
delivery system, the beverage container having a vessel defin
ing a front and rear side and sidewalls Surrounding an interior
space of the vessel and at least one angled section of the
sidewalls sized and shaped to form a curved intersection with
a bottom floor of the beverage container, the beverage deliv
ery system having a beverage tap that releases carbonated
beverage when engaged; and (b) contacting the carbonated
beverage with the angled section of the sidewalls of the con
tainer until while partially or fully filling the beverage con
25 tainer with the carbonated beverage.
The present disclosure provides for an insert device
adapted to cooperate with a standard beverage pitcher com
prising: (a) an curved and angled unitary portion having at
least one angled section relative to a vertical axis, the angled
30
section extending from the top portion to a lower section
corresponding to a top and lower section of a corresponding
beverage pitcher, the angle extending inward towards an inte
rior space of the beverage pitcher; and a hanging feature
extending above the curved and angled unitary portion sized
35
and shaped to mount onto a rim of the beverage pitcher. The
angled section is formed to be suitable to reduce foam pro
duction from a carbonated beverage when entering the inte
rior space of the vessel.
40 An object of the present disclosure is to provide a foam
reduction container for reducing the level of foam created
when pouring a carbonated liquid into the container.
Another object is to provide a foam reduction container
that speed up the process of pouring carbonated liquid into a
45 container.
Another objective of the foam reduction container is to
have a slope in the side wall of the container that is not
perpendicular to the base of the container.
Another objective of the foam reduction container is to
50 pour the carbonated liquid down the slope of the side wall into
the container where it settles, with a lower level of foam
production relative to a conventional pitcher or beverage con
tainer.
Another object of the foam reduction container is to pour
55 the carbonated liquid absent a user holding the container
while the container rests on a surface below a spout from
which the liquid is delivered thereby freeing the hands of the
user to attend to other tasks such as pouring additional drinks,
collecting money, retrieving additional orders, or delivering
60 additional orders.
Other objects and advantages of the present disclosure will
become obvious to the reader and it is intended that these
objects and advantages are within the scope of the present
disclosure. To the accomplishment of the above and related
65 objects, this present disclosure may be embodied in the form
illustrated in the accompanying drawings, attention being
called to the fact, however, that the drawings are illustrative
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US 9,139,413 B2
3 4
only, and that changes may be made in the specific construc
tion illustrated and described within the scope of this appli
cation.
BRIEF DESCRIPTION OF THE DRAWINGS
Various other objects, features and attendant advantages of
the present disclosure will become fully appreciated as the
same becomes better understood when considered in con
junction with the accompanying drawings, in which like ref
erence characters designate the same or similar parts through
out the several views, and wherein:
FIG. 1 is a perspective rear side view of an exemplary
beverage container of the present disclosure.
FIG. 2 is a side view of the exemplary beverage container
of FIG. 1.
FIG.3 is a rear/handle side view of the exemplary beverage
container of FIG. 1.
FIG. 4 is cross section view across plane A-A of FIG. 2 of
the of the exemplary beverage container of FIG. 1.
FIG. 5 illustrates a side view of an example beverage con
tainer according to the present disclosure having a target
indicia defined on a rear side wall.
FIG. 6: illustrates a side view of an alternative embodiment
according to the present disclosure wherein the front spout
side face is angled.
FIG. 7 illustrates an schematic example of the container of
FIG. 1 in use with a beverage delivery system.
FIG. 8A-8C illustrates an example insert device according
to the present disclosure.
DETAILED DESCRIPTION
Referring to FIGS. 1-4, the present disclosure generally
relates to a beverage container 10 that includes a vessel 11 for
receiving and pouring a beverage. Vessel 11 includes side
walls 20 that surround an interior space 13 sized to be filled
with a liquid beverage. Sidewalls 20 extend upwardly from a
base 30. Base 30 is provided to securely support and balance
container 10 when resting on a relatively horizontal surface.
Base 30 can be weighted to provide sturdy balancing of
container 10 when resting on a surface Such as a table or bar.
Vessel 11 defines an upper rim 12 at a top section of the
vessel. Rim 12 forms an opening to the interior space 13.
Vessel 11 further defines a front side 14 and a rear side 15. In
these examples, container 10 further includes a handle 50.
Handle 50 is formed on an exterior surface of vessel 11 on rear
side 15. The handle is sized and shaped to allow for manual
handling of container 10. This includes lifting, carrying,
pouring and other maneuvering of container 10. Handle 50
can include any standard handle of known beverage pitchers
and the like.
In this example, vessel 11 further includes a pouring spout
60 defined on the front side 14 along the rim 12. The pouring
spout 60 extends partially further outward from rim 12 to
allow for liquid to pour effectively out from vessel 11.
The sidewalls 20 include at least one angled section 40.
Angled section 40 extends from rim 12 to an interior curved
floor 41 defined on an interior surface of vessel 11. Interior
floor 41 defines a further shallower curvature extending in a
curvilinear fashion from angled section 40 towards. Accord
ingly, as angled section 40 defines an angle relative to a
vertical axis defined by the vessel 11, the slope decreases
relative to a horizontal axis defined be the base 30. Angled
section 40 and curved floor 41 intersect at an intersection
portion 42 in a smooth fashion adapted to allow liquid to
gently fill the interior space 13 of vessel 11.
In the examples of FIGS. 1-4, angled section 40 is formed
along a rear side 15. Front side 14 is formed substantially
vertically extending from base 30. Curved floor 41 is defined
on top of base 30. In an alternative embodiment of a container
100 of FIG. 6, the angled section 40 is formed onfront side 14.
Like reference numerals are used to define like features of
container 100 as compared to container 10.
Referring to an example of FIG. 5, a target indicia 70 is
provided and defined on angled section 40. In this example,
10 the target indicia is defined near a top section of angled
section 40 near rim 12. Target indicia is located in a position
Such that when a carbonated beverage contacts the target
indicia area first, foam production is reduced as container 10
is filled with a carbonated beverage. In a further example,
15 target indicia 70 defines a desired image or promotional mate
rial Such as a logo or design for a particular business or
establishment.
The container can be any beverage container including a
pitcher Suitable for holding any beverage Such as beer, Soda
pop, or the like. The container typically defines a cavity or
interior space formed within an opening at an opposite end of
the container from the base. The container can be filled by
direct pouring in one example and in another example placed
directly under a spout of a beverage tap adapted to deliver a
25 beverage by engaging the tap. In FIG. 7, an example bar 80
defines a Substantially flat Surface for placing a container 10.
In this illustration of a container in use, container 10 is placed
below a carbonated beverage delivery system 90 that is con
nected to a beverage storage unit 92 for storing beverage 91.
30 An example storage unit is a keg for storing beer or other
carbonated beverages. System 90 includes a dispensing unit
93. An example dispensing unit 93 includes a tap for releasing
the beverage 91. In this illustration, beverage 91 dispenses
into container 10 flowing with gravity in a downward direc
35 tion. Beverage 91 enters container 10 by contacting the
angled portion 40 of the sidewalls 20. In this example, angled
section 40 is defined on the rear side 15. As beverage 91
contacts angled section 40 of container 10, the beverage flow
is slowed in velocity as it fills vessel 11. This slowing of the
40 beverage reduces liquid disruption that causes unwanted
foam production. The flow continues to be slowed as the slope
angle changes to a more shallow position towards floor 41.
Container 10 can be any structure that you can receive,
hold, and/or pour a liquid, particularly a consumable bever
45 age, and more particularly a carbonated beverage Such as beer
or soda. The function of the container 10 can be for users to
hold liquid to either consume or distribute. For example con
tainer 10 can be a glass, mug, pitcher, cup, or anything that
holds liquid. Sidewalls 20 of container 10 holds the liquid
50 from escaping the container 10 and in general extend upward
from the base 30 and can be composed of any material and be
in any shape. In an example, container 10 is formed as an
integral unit from a suitable plastic material. This can be
achieved through any means such as injection molding or the
55 like.
Sidewalls 20 typically are vertical or semi vertical off the
base 30. In an example, sidewall 20 is integrally formed with
base 30. Base 30 of container 10 is the structure that holds the
liquid from escaping from a bottom of container 10. The
60 sloped angled section 40 defines a degree of projection of a
portion ofsidewall 20 and is to be from the upper region of the
container 10 down to the lower region of the interior space 13
of vessel 11. The angled section 40 is formed along an interior
surface of the vessel 11 leading down towards base 30. The
65 slope can be composed in Some embodiments of radiuses and
angles. In an example embodiment of radiuses and angles to
create the angled section 40, the slope can be defined by a 70
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US 9,139,413 B2
5 6
degree angle at atop portion of the pitcher leading downto the
slope following a radius of 734 inches and the radius that leads
into a flat surface at the bottom base of 6% inches.
There are many different variations of the angled section
40. The slope 40 does not have to be a constantangle but it can
be gradually curving as it approaches base 30. Angled section
40 includes an angled area that starts in the upper region of
sidewalls 20 and leads down towards the base 30.
In a further example, an insert 180 that fits into existing
containers and can be removed for use on other containers to
reduce foaming (shown in FIGS. 8A-8C. The variation of the
device would typically be made out of plastic or metal and
would have the sloping shape similar to that of angled section
40 of container 10. Insert 180 includes a sloped angled section
140 and a hanging feature 181. The sloped angle of angled
section 140 slows the velocity of a carbonated beverage when
contacting the insert 180 first before entering the beverage
container. Hanging feature 181 is sized and shaped to secure
to a rim of a standard beverage container Such as a beverage
pitcher or beer pitcher. This device would then be inserted
into a container and a carbonated liquid would be poured in
and down the slop of the device and then the device removed
after pouring the liquid. The device would then be used on
other containers to reduce their foam levels when a liquid is
poured into said container. A target indicia can also be pro
vided in an example insert 180.
Typically, foam results when pouring a carbonated bever
age into a container. The present disclosure creates a region of
the container that the beverage can be poured down that
lowers the level of foam that is created in the container. The
way the present disclosure creates a lower level of foam in the
container is by lowering the impact of the carbonated bever
age with the container and lowering the impact of the carbon
ated beverage on itself that has already settled into the con
tainer. A container according to an example of the present
disclosure includes a slope down the side wall of the con
tainer. When the containeris sitting flat on a Surface, a portion
of the side wall defines a non-perpendicular slope relative to
the base that extends from a position closer to an opening of
the container and angling towards the base Such that the
radius or area of a cross section near the opening is larger than
an area of a cross section of the base. This can lower the
impact of the liquid into the bottom of the container.
Multiple slopes along the interior sidewall of an example
container can be defined extending from the base to the open
ing. The slope can allow for reduced foam pouring into a
container absent the presence of a user and by merely resting
on a surface below the source of the beverage delivery, such as
a spout of a beverage tap.
In an example, a bartender can use one or more of an
example container described herein above to fill with a car
bonated beverage Such as beer which typically forms signifi
cant amounts of foam when poured into a standard container.
The bartender can rest the container below a beer tap typically
used in taverns and bars for delivering beer from a keg that is
pressurized. The positioning the container is such that the
beer is delivered from the tap in a downward direction into the
container and by contacting the sloped portion of the interior
wall surface prior to contacting the base of the container. The
bartender is free from holding the container to reduce foam
formation and can attend to other tasks while the beer is filling
the container. The foam produced in the container is signifi
cantly reduced as compared to that of filling a standard con
tainer. This results in significant beverage savings and thus
cost savings since foamed beer is wasted beer. Moreover, time
savings are included resulting in freeing the bartender from
the task of monitoring the container filling.
In yet a further example, the shape of the container forms a
lower center of gravity as compared to existing containers and
thus is less likely to tip over.
The following example illustrates pouring data associated
with the present disclosure:
Pitcher Test Data
Test containers are 60 oz pitchers:
Conventional Pitcher set flat and filled after 20 seconds
generated about 4.5 inches of foam.
10 Conventional pitcher held by a person and tilted at about a
45 degree angle after 20 seconds forms about 3 inches of
foam.
Foam Reduction Pitcher example of the present disclosure
set flat and filled after 20 seconds with about 1 inch of foam or
15 less.
Many modifications and variations of the present invention
are possible in light of the above teachings and may be prac
ticed otherwise than as specifically described while within the
Scope of the invention.
What is claimed:
1. A beverage container comprising:
(a). a vessel defining an interior space, the vessel having a
base and sidewalls Surrounding the interior space, the
25 sidewalls extending upward from the base and sized and
shaped to retain a carbonated liquid beverage, the inte
rior space of the vessel having a vertical centerline;
(b). an opening defined at a top portion of the sidewalls to
allow for the liquid beverage to enter and exit the interior
30 Space;
wherein the sidewalls include a filling side passing through
the vertical centerline of the interior space, the filling
side being configured to gradually decelerate a down
ward stream of carbonated beverage from a tap dis
35 penser prior to colliding with an opposite portion of the
sidewalls, the filling side including an angled section
extending from adjacent the top portion of the sidewalls
diagonally toward the base of the vessel, the angled
section being slanted to directly receive the downward
40 stream of carbonated beverage from the tap dispenser,
the filling side further including a curved intersection
disposed between the angled section and an interior floor
formed on top of the base;
wherein the angled section directs the carbonated beverage
45 flow into the curved intersection where the in-flow of
carbonated beverage is progressively slowed by travel
ing over an elongated arcuate surface while passing
through the vertical centerline thereby reducing foam
production from the carbonated beverage when entering
50 the interior space of the vessel.
2. The beverage container of claim 1 further comprising a
spout formed in the top portion, and a handle formed on an
exterior Surface of the vessel opposite the spout, and wherein
the handle is formed on a rear side of the vessel for lifting and
55 pouring, and the spout is formed on a front side of the vessel
for directing a controlled outpouring of carbonated beverage
through the opening.
3. The beverage container of claim 2 wherein the filling
side is defined on the rear side of the vessel.
60 4. The beverage container of claim 2 wherein the filling
side is defined on the front side of the vessel.
5. The beverage container of claim 1 further comprising a
target indicia defined on the angled section, wherein target
indicia is located at a position Such that the carbonated bev
65 erage upon entering the vessel contacting the indicia first
allows for reduced foam production as the vessel is filled with
the carbonated beverage.
Case 4:19-cv-00938-ALM Document 1-1 Filed 12/26/19 Page 13 of 13 PageID #: 20
US 9,139,413 B2
7 8
6. A method of reducing foam production created in pour
ing a carbonated beverage into a container, the method com
prising the steps of:
(a). placing a beverage container below a tap dispenser of a
carbonated beverage delivery system, the tap dispenser
configured to selectively emit a stream of carbonated
beverage with a downward Velocity, said placing step
including supporting a base of the beverage container in
a generally horizontal position, the beverage container
having a vessel defining a front and rear side and side
walls surrounding an interior space of the vessel and at
least one angled section of the sidewalls sized and
shaped to form a curved intersection with a bottom floor
of the beverage container, the interior space of the vessel
having a vertical centerline:
(b). positioning the beverage container below the tap dis
penser so that the stream of carbonated beverage initially
strikes the angled surface; and
(c). Without tipping the beverage container below the tap
dispenser, minimizing foam production by gradually
slowing the velocity stream of the carbonated beverage
along a flow path established by the angled section and
the curved intersection that passes through the vertical
centerline.
7. The method of claim 6 wherein the carbonated beverage
delivery system includes a keg and tap system.
8. The method of claim 6 wherein foam produced when
filling the beverage container resting flat under the carbonated
beverage delivery system is one inch or less.
9. The method of claim 6 further comprising removing the
beverage container from the horizontal support surface by
manually grasping a handle formed on an exterior surface of
the vessel on the rear side of the vessel.
10. The method of claim 6 wherein the angled section is
defined on one of the front and rear side of the vessel.
11. The method of claim 6 further comprising a target
indicia defined on the angled section, wherein target indicia is
located at a position such that the carbonated beverage upon
entering the vessel contacting the indicia first allows for
5 reduced foam production as the vessel is filled with the car
bonated beverage.
12. A combination standard beverage pitcher and insert
device adapted to convert the standard beverage pitcher into a
foam-reducing beverage pitcher, the combination compris
10 1ng:
a beverage pitcher having an interior space defined by a
base and sidewalls, a rim formed at the upper edges of
the sidewalls, the interior space having a vertical center
15
line;
an insert device, the insert device including a curved and
angled unitary portion configured to be placed generally
diagonally within the interior space of the pitcher so as to
traverse the vertical centerline above the base;
a hanging feature extending above the curved and angled
unitary portion sized and shaped to mount onto the rim
of the beverage pitcher;
wherein the curved and angled unitary portion first receives
a downward stream of carbonated beverage from a tap
25
dispenser and then decelerates the beverage flow as the
flow travels an elongated path through the vertical center
line thereby reducing foam production as the carbonated
beverage fills the interior space.
13. The combination of claim 12 further comprising a
30
target indicia defined on the angled section, wherein target
indicia is located at a position such that the carbonated bev
erage upon entering the vessel contacting the indicia first
allows for reduced foam production as the vessel is filled with
the carbonated beverage.
Case 4:19-cv-00938-ALM Document 1-2 Filed 12/26/19 Page 1 of 1 PageID #: 21

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