Pioneer Pet Prods. v. Innovative Design & Sourcing - Complaint

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
Pioneer Pet Products, LLC
Plaintiff,
v.
Innovative Design & Sourcing, LLC, and

Bed Bath and Beyond Inc.
Defendants.
COMPLAINT
Plaintiff, Pioneer Pet Products, LLC (“Pioneer Pet”), for its complaint against defendants
Innovative Design & Sourcing, LLC (“Innovative Design”), and Bed Bath & Beyond Inc. (“Bed
Bath & Beyond”) alleges as follows:
Parties
1. Plaintiff Pioneer Pet is a Wisconsin company with its principal place of business
in this District at N144 W5660 Pioneer Road, Cedarburg, Wisconsin 53012.
2. Pioneer Pet operates within this District and is engaged in the manufacture and
sale of pet-related products, including, but not limited to, catnip toys for cats.
3. Upon information and belief, Defendant Innovative Design is a Connecticut
company with its principal place of business located at 2 Mansfield Place, Darien, Connecticut
06820.
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Case 2:20-cv-00176-LA Filed 02/05/20 Page 1 of 15 Document 1
4. Upon information and belief, Defendant Bed Bath & Beyond is a New York
company with its principal place of business located at 650 Liberty Avenue, Union, New Jersey,
07083.
Nature of Action
5. This is an action for patent infringement arising under the Patent Laws of the
United States, 35 U.S.C. § 100 et seq.
6. Pioneer Pet is the owner of all right, title and interest in U.S. Patent 9,101,114
(“the ‘114 Patent”) entitled Animal Attractant Dispensing Device, issued on August 11, 2015, a
copy of which is attached hereto as Exhibit A.
7. Pioneer Pet is the owner of all right, title and interest in U.S. Patent D670,455
(“the ‘455 Patent”) entitled Catnip Toy, issued on November 6, 2012, a copy of which is attached
hereto as Exhibit B.
8. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
1338(a).
9. Upon information and belief, Defendants Innovative Design and Bed Bath &
Beyond regularly conduct business in this District and have sold and/or offered for sale catnip
toys that infringe the ‘114 patent and the ‘455 patent in this District.
10. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(c) and 1400(b).
11. Pioneer Pet manufactures and sells a cat nip toy under the trademark Nip Nibblers
(“Nip Nibblers”), examples of which are shown below.
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12. Upon information and belief Pioneer Pet began to sell the Nip Nibblers product
on or about March 3, 2011.
13. The product packaging for Plaintiff’s Nip Nibblers product includes a virtual
patent marking notice, an example of which is visible in the photographs shown above.
14. Pioneer Pet maintains a virtual patent marking website available at
pioneerpet.com/patents, a copy of which is attached hereto as Exhibit C.
15. Pioneer Pet’s virtual patent marking website provides notice of the ‘114 patent
and the ‘455 patent.
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16. Upon information and belief, Defendant Bed Bath & Beyond began to offer for
sale and/or sell Pioneer Pet’s Nip Nibblers product on or about March 29, 2012.
17. Upon information and belief, Defendant Bed Bath & Beyond stopped offering for
sale and/or selling Pioneer Pet’s Nip Nibblers product on or about April 9, 2019.
18. Upon information and belief, Pioneer Pet’s Nip Nibblers product displayed a
virtual patent marking notice on its packaging during the entire time in which it was sold and/or
offered for sale by Bed Bath & Beyond.
19. Upon information and belief, Pioneer Pet maintained a virtual patent marking
website available at pioneerpet.com/patents during the entire time in which Pioneer Pet’s Nip
Nibblers Product was sold and/or offered for sale by Bed Bath & Beyond.
20. Upon information and belief, Defendant Innovative Design imports, makes, uses,
sells, and/or offers for sale a catnip toy under the name “Meow & Me Catnip Toy”), examples of
which are shown below.
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21. Upon information and belief, Defendant Bed Bath & Beyond sells and/or offers
for sale the Meow & Me Catnip Toy at its retail stores.
22. Upon information and belief, Defendant Bed Bath & Beyond sells and/or offers
for sale the Meow & Me Catnip Toy at its e-commerce website, available at
www.bedbathandbeyond.com, a photocopy of which is attached hereto as Exhibit D.
23. Upon information and belief, Defendant Bed Bath & Beyond stopped selling
Pioneer Pet’s Nip Nibblers product and replaced it with the Meow & Me Catnip Toy product.
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COMPARISON OF EXEMPLARY CLAIMS TO THE ACCUSED PRODUCT
Claim 1 of the ‘114 Patent
24. Claim 1 of the ‘114 patent is directed to an animal attractant dispensing device.
25. The Meow & Me Catnip Toy is an animal attractant dispensing device as
indicated on its packaging, “Gently releases catnip with each squeeze or swat.”
26. Claim 1 of the ‘114 patent includes a flexible pouch having a plurality of pairs of
perforations through which an animal attractant inside the pouch is dispensed by deformation of
the pouch caused by interaction with the pouch by an animal.
27. The Meow & Me Catnip Toy includes a flexible pouch having a plurality of pairs
of perforations through which an animal attractant inside the pouch is dispensed by deformation
of the pouch caused by interaction with the pouch by an animal as shown in the photograph
above and as indicated on its packaging, “Lightweight woven nylon” and “Gently releases catnip
with each squeeze or swat.”
28. Claim 1 of the ‘114 patent states that the pouch is made of a flexible perforate
sidewall formed of a section of braided or woven tubing or sleeving comprised of a plurality of
elongate strands forming perforations therebetween.
29. The pouch of the Meow & Me Catnip Toy is made of a flexible perforate sidewall
formed of a section of braided or woven tubing or sleeving comprised of a plurality of elongate
strands forming perforations therebetween, as shown in the photograph above and as indicated
on its packaging, “Lightweight woven nylon”.
30. Claim 1 of the ‘114 patent states that the strands helically spiraling about a central
longitudinal axis of the pouch and movable relative to one another in response to deformation or
{01440454.DOCX / } Page 6 of 15
deflection of the pouch by animal interaction changing the size of a plurality of the perforations
formed in the pouch sidewall.
31. The Meow & Me Catnip Toy includes strands helically spiraling about a central
longitudinal axis of the pouch and movable relative to one another in response to deformation or
deflection of the pouch by animal interaction changing the size of a plurality of the perforations
formed in the pouch sidewall, as shown in the photograph above and as indicated on its
packaging, “Lightweight woven nylon.”
32. Claim 1 of the ‘971 patent recites an animal attractant disposed inside the pouch.
33. The Meow & Me Catnip Toy includes an animal attractant disposed inside the
pouch as indicated on its packaging, “catnip toys” and “Gently releases catnip with each squeeze
or swat.”
Claim of the ‘455 Patent
34. Claim 1 of the ‘455 patent is directed to the ornamental design for a catnip toy.
35. The ‘455 patent includes three figures, which are shown below in comparison to
corresponding photographs of a Meow & Me Catnip Toy.
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COUNT I
Claim for Infringement of the ‘114 Patent by Innovative Design
36. Pioneer Pet realleges and incorporates by reference the allegations in paragraphs
1-35 as if fully set forth herein.
37. Innovative Design has imported, manufactured, used, sold and/or offered to sell
the infringing Meow & Me Catnip Toy.
38. Innovative Design has directly infringed and continues to infringe the ‘114 patent
through the importation, use, manufacture, sale, and/or offer for sale of the infringing Meow &
Me Catnip Toy.
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39. Upon information and belief, Innovative Design was aware of the ‘114 patent
prior to the importation, use, manufacture, sale, or offer for sale of the infringing Meow & Me
Catnip Toy.
40. Upon information and belief, after becoming aware of the ‘114 patent Innovative
Design has continued to import, use, manufacture, sell, or offer for sale the infringing Meow &
Me Catnip Toy.
41. Upon information and belief, Innovative Design knew that the import,
manufacture, use, sale, or offer for sale of the infringing Meow & Me Catnip Toy would infringe
the ‘114 patent.
42. The infringing Meow & Me Catnip Toy are not commonly available items with
substantial non-infringing uses.
43. Upon information and belief, Innovative Design has been and is willfully
infringing the ‘114 patent.
44. Innovative Design will continue to import, manufacture, use, sell, or offer for sale
the infringing Meow & Me Catnip Toy unless enjoined from doing so, causing Pioneer Pet
irreparable harm.
45. Pursuant to 35 U.S.C. § 284, Pioneer Pet is entitled to enhanced damages for
infringement of the ‘114 patent by Innovative Design, up to treble damages.
46. Pursuant to 35 U.S.C. § 283, Pioneer Pet is entitled to a preliminary and
permanent injunction against further infringement of the ‘114 patent by Innovative Design.
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COUNT II
Claim for Infringement of the ‘114 Patent by Bed Bath & Beyond
48. Bed Bath & Beyond has imported, manufactured, used, sold and/or offered to sell
49. Bed Bath & Beyond has directly infringed and continues to infringe the ‘114
patent through the importation, use, manufacture, sale, and/or offer for sale of the infringing
Meow & Me Catnip Toy.
50. Upon information and belief, Bed Bath & Beyond was aware of the ‘114 patent
Catnip Toy.
51. Upon information and belief, after becoming aware of the ‘114 patent Bed Bath &
Beyond has continued to import, use, manufacture, sell, or offer for sale the infringing Meow &
Me Catnip Toy.
52. Upon information and belief, Bed Bath & Beyond knew that the import,
the ‘114 patent.
54. Upon information and belief, Bed Bath & Beyond has been and is willfully
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55. Bed Bath & Beyond will continue to import, manufacture, use, sell, or offer for
sale the infringing Meow & Me Catnip Toy unless enjoined from doing so, causing Pioneer Pet
irreparable harm.
infringement of the ‘114 patent by Bed Bath & Beyond, up to treble damages.
COUNT III
Claim for Infringement of the ‘445 Patent by Innovative Design
59. Innovative Design has imported, manufactured, used, sold and/or offered to sell
60. Innovative Design has directly infringed and continues to infringe the ‘445 patent
through the importation, use, manufacture, sale, and/or offer for sale of the infringing Meow &
Me Catnip Toy.
61. Upon information and belief, Innovative Design was aware of the ‘445 patent
Catnip Toy.
62. Upon information and belief, after becoming aware of the ‘445 patent Innovative
Design has continued to import, use, manufacture, sell, or offer for sale the infringing Meow &
Me Catnip Toy.
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63. Upon information and belief, Innovative Design knew that the import,
the ‘445 patent.
65. Upon information and belief, Innovative Design has been and is willfully
66. Innovative Design will continue to import, manufacture, use, sell, or offer for sale
the infringing Meow & Me Catnip Toy unless enjoined from doing so, causing Pioneer Pet
irreparable harm.
infringement of the ‘445 patent by Innovative Design, up to treble damages.
COUNT IV
Claim for Infringement of the ‘114 Patent by Bed Bath & Beyond
70. Bed Bath & Beyond has imported, manufactured, used, sold and/or offered to sell
71. Bed Bath & Beyond has directly infringed and continues to infringe the ‘445
patent through the importation, use, manufacture, sale, and/or offer for sale of the infringing
Meow & Me Catnip Toy.
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72. Upon information and belief, Bed Bath & Beyond was aware of the ‘445 patent
Catnip Toy.
73. Upon information and belief, after becoming aware of the ‘445 patent Bed Bath &
Beyond has continued to import, use, manufacture, sell, or offer for sale the infringing Meow &
Me Catnip Toy.
74. Upon information and belief, Bed Bath & Beyond knew that the import,
the ‘445 patent.
76. Upon information and belief, Bed Bath & Beyond has been and is willfully
77. Bed Bath & Beyond will continue to import, manufacture, use, sell, or offer for
sale the infringing Meow & Me Catnip Toy unless enjoined from doing so, causing Pioneer Pet
irreparable harm.
infringement of the ‘445 patent by Bed Bath & Beyond, up to treble damages.
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Request for Relief
WHEREFORE, Pioneer Pet Products, LLC demands that judgment be entered in its favor
and against Defendants Innovative Design & Sourcing, LLC and Bed Bath & Beyond Inc., as
follows:
A. Adjudging that Defendant Innovative Design & Sourcing, LLC has infringed U.S.
Patent 9,101,114;
B. Adjudging that Defendant Innovative Design & Sourcing, LLC has infringed U.S.
Patent D670,455;
C. Adjudging that Defendant Innovative Design & Sourcing, LLC has willfully
infringed U.S. Patent 9,101,114;
D. Adjudging that Defendant Innovative Design & Sourcing, LLC has willfully
infringed U.S. Patent D670,455;
E. Adjudging that Defendant Bed Bath & Beyond Inc. has infringed U.S. Patent
9,101,114;
F. Adjudging that Defendant Bed Bath & Beyond Inc. has infringed U.S. Patent
D670,455;
G. Adjudging that Defendant Bed Bath & Beyond Inc. has willfully infringed U.S.
Patent 9,101,114;
H. Adjudging that Defendant Bed Bath & Beyond Inc. has willfully infringed U.S.
Patent D670,455;
I. Preliminarily and permanently enjoining the Defendant Innovative Design &

Sourcing, LLC from infringing U.S. Patent 9,101,114;
J. Preliminarily and permanently enjoining the Defendant Innovative Design &

Sourcing, LLC from infringing U.S. Patent D670,455;
K. Preliminarily and permanently enjoining the Defendant Bed Bath & Beyond Inc.
from infringing U.S. Patent 9,101,114;
L. Preliminarily and permanently enjoining the Defendant Bed Bath & Beyond Inc.
from infringing U.S. Patent D670,455;
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M. Awarding Plaintiff its damages, together with prejudgment interest, caused by
Defendant’s infringement;
N. Granting such other and further relief as the court may deem appropriate.
Jury Demand
Plaintiff Pioneer Pet Products, LLC hereby demands a jury trial of all issues of fact not
admitted by the defendants.
Dated: February 5, 2020 s/Adam L. Brookman

Adam L. Brookman
Kyle M. Costello
BOYLE FREDRICKSON, S.C.
840 N. Plankinton Ave.
Milwaukee, WI 53203
Telephone: 414-225-9755
Facsimile: 414-225-9753
Attorneys for Plaintiff Pioneer Pet Products, LLC
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USOO9101114B2
(12) United States Patent (10) Patent No.: US 9,101,114 B2

Lipscomb (45) Date of Patent: Aug. 11, 2015
(54) ANIMALATTRACTANT DISPENSING USPC .......................................................... 119/711
DEVICE See application file for complete search history.
(75) Inventor: John M. Lipscomb, Cedarburg, WI (US) (56) References Cited
(73) Assignee: Pioneer Pet Products, LLC, Cedarburg, U.S. PATENT DOCUMENTS
WI (US)
4,133,296 A * 1/1979 Smith ........................... 119,709
(*) Notice: Subject to any disclaimer, the term of this 4,928,632 A * 5/1990 Gordon ... ... 119,709
patent is extended or adjusted under 35 5,653,196 A * 8/1997 Bartleson ... 119/711
U.S.C. 154(b) by 246 days. 5,682,838 A * 1 1/1997 Reich ............................ 119/711
6,899,059 B1 5/2005 Crane et al.
2002/0187718 A1 12/2002 Ritchey
(21) Appl. No.: 13/990,469 2003/0213440 A1* 1 1/2003 Kelly ............................ 119,708
2004/O139927 A1* 7, 2004 Homan et al. . ... 119/711
(22) PCT Filed: Dec. 1, 2011 2004/0216680 A1* 11/2004 Lamstein ..................... 119.285
2006.0054106 A1 3/2006 Renforth
(86). PCT No.: PCT/US2011/062972 (Continued)
S371 (c)(1),
(2), (4) Date: Jul.18, 2013 Primary Examiner — Monica Williams
(74) Attorney, Agent, or Firm — Boyle Fredrickson S.C.
(87) PCT Pub. No.: WO2012/075346
PCT Pub. Date: Jun. 7, 2012 (57) ABSTRACT
(65) Prior Publication Data A dispensing animal interactive device formed of a perforate
flexible pouchholding an animal attractant dispensed through
US 2013/O291804 A1 Nov. 7, 2013 perforations in the pouch during animal-induced deformation
of the pouch during animal interaction. The pouch is formed
Related U.S. Application Data of an endless sidewall of a biaxial woven or braided construc
(60) Provisional application No. 61/418,816, filed on Dec. tion whose perforations change in size responsive to animal
1, 2010, provisional application No. 61/526,707, filed interaction. One preferred pouch holds catnip that is dis
on Aug. 24, 2011. pensed through perforations by engagement between the
pouch sidewall and catnip from cat interaction that abrades
(51) Int. Cl. catnip into Smaller particles and that Squeezes catnip out
AIK I5/02 (2006.01) perforations in the sidewall with cat interaction causing the
AOIK II/00 (2006.01) size of perforations in a region of the sidewall adjacent cat
(52) U.S. Cl. induced deformation to increase dispensing catnip out of
CPC ............. A0IK 15/025 (2013.01); A0IK 15/024 enlarged perforations. Ground catnip can express oils that can
(2013.01); A0IK 15/026 (2013.01) be dispensed in the form of a scent from the pouch and which
increases the pungency of dispensed catnip.
(58) Field of Classification Search
CPC. A01K 15/024: A01K 15/025; A01K 15/026;
A63F 9/06O1 24 Claims, 4 Drawing Sheets
EXHIBIT
Case 2:20-cv-00176-LA Filed 02/05/20 Page 1 of 12 Document 1-1 A
US 9,101,114 B2
Page 2
(56) References Cited 2008/O196676 A1* 8, 2008 Kim et al. ..................... 119,707
2009/0084325 A1 4/2009 Moskoff ....................... 119,707
U.S. PATENT DOCUMENTS
2008/O149041 A1 6/2008 Lamstein et al. * cited by examiner
Case 2:20-cv-00176-LA Filed 02/05/20 Page 2 of 12 Document 1-1

U.S. Patent Aug. 11, 2015 Sheet 1 of 4 US 9,101,114 B2
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1. 2
ANIMALATTRACTANT DISPENSING SUMMARY
DEVICE
The present invention is directed to an animal attractant
FIELD dispensing device configured so that animal interaction
causes deformation or deflection of the device which causes
The present invention relates generally to a device with animal attractant within the device to be dispensed from the
which an animal interacts that dispenses material during device rewarding an animal interacting with the device. In a
interaction and more particularly to a dispensing animal inter preferred embodiment, the animal attractant dispensing
active device used for play, training and the like that can be an device is a flexible deformation-induced dispensing pouch
animal toy. 10 formed of a sidewall of flexible and perforate construction
that dispenses animal attractant through perforations in the
BACKGROUND pouch sidewall when subjected to deformation or deflection
from an animal interacting with the pouch.
There are many pet toys and animal training devices that An animal attractant dispensing pouch constructed in
have been used in the past to entice interaction with the device
15 accordance with the present invention is of tubular construc
including for play training and the like. In the past, most, if not tion and is at least partially filled with animal attractant of
edible composition. The pouch can be formed with one or
all, of these devices are heavy, bulky, breakdown, or require more end closures that close or otherwise seal one or both
maintenance and/or refilling, which has led to limited com ends of the pouch to help keep animal attractant in the pouch
mercial acceptance. when the pouch is not in use.
Toys for use by domestic animals are well known in the art. The pouch is formed of a segment of mesh tubing or sleev
Such toys may be intended purely for the entertainment pur ing of Chinese finger-cuff construction made of a biaxial
pose of the animal, or they may include secondary functions, woven or braided material defining a perforate, endless and
Such as providing a means of exercise, promoting oral health, flexible pouch sidewall. The pouch sidewall is formed of a
or providing a scratching outlet. These pet toys are often 25 plurality of pairs of first and second elongate helical or spiral
round or curved in shape to promote mobility of the toy, and strands that are biaxially woven or braided defining perfora
in turn allowing the pet to move and chase after the toy during tions therethrough whose size changes in response to animal
play. This movement provides an opportunity for exercise induced deflection or deformation of the pouch dispensing
that is particularly important in domestic animals that are particles of animal attractant through perforations enlarged as
confined to living indoors. 30 a result. The pouch sidewall is made of a durable, tough and
Other toys promote interaction between the toy and the pet abrasion resistant plastic that preferably is nylon or polyeth
by utilizing a pet attractant in combination with the toy. Such ylene terephthalate enabling a pouch constructed in accor
attractants may include a piece of food lodged within the dance with the present invention to withstand animal biting
center of the toy, a scent imparted onto the toy, an outer and scratching with animal claws.
Surface of stimulating bright colors, or even constructing the 35 Such a biaxial woven or braided pouch sidewall construc
toy out of a consumable material. All of these additional pet tion enables the pouch to diametrically expand or widen when
attractants offer additional means for stimulating the pet dur axially compressed, such as by urging one end relative to the
ing play, and thereby increase the degree of both entertain opposite end toward the opposite end, and diametrically con
ment and beneficial exercise of the pet. tract or narrow when axially stretched. Such as by pulling one
In toys intended for use by domestic cats, their use as a 40 end relative to the opposite end away from the opposite end.
scratching device is also important. Providing a scratching When at least part of the pouch is axially compressed, a
outlet is particularly useful for cats who have not been corresponding local portion of its biaxial woven sidewall
declawed, and who may otherwise cause unwanted damage to deforms in a manner that causes the size of perforations in the
home furnishings. Accordingly, Such toys must provide an region of pouch compression to increase allowing particles of
exterior Surface that promotes Scratching, while also with 45 the animal attractant within the pouch to pass through the
standing the force of Scratching. Similarly, those toys enlarged perforation perforations and be dispensed from the
designed to be bitten or chewed must be made of a material of pouch. When at least part of the pouch is axially stretched, its
significant strength, capable of withstanding the forces biaxial woven sidewall narrows or diametrically shrinks caus
applied to it. ing the size of perforations in the corresponding region to
As previously indicated, some toys may also release a treat 50 decrease opposing dispensation of particles of animal attrac
for the animal. Catnip is one such treat, which is typically tant through the reduced sized perforations.
included with dispensing toys for domestic cats. The scent of Likewise, when the pouch is bitten, bent, scratched,
catnip has been shown to attract and excite cats, and therefore clawed, twisted or otherwise deformed or deflected by an
is particularly well Suited for use in conjunction with cat toys. animal interacting with the pouch, the pouch locally diametri
However, in order for the catnip to be effective, its scent must 55 cally expands or widens in a manner that causes at least some
be able to emanate from the toy. To this end, traditional catnip perforations to enlarge enabling particles of animal attractant
toys included porous cloth packets filled with catnip. While to be dispensed from the pouch. Such animal-induced defor
such cloth allowed the scent of catnip to diffuse through the mation or deflection causes relative movement between
cloth layer, the cloth structure was susceptible to tearing and
biaxially woven or braided strands that form the pouch side
breaking in response to the prolonged use of cat biting and
60 wall increasing the size of a least some perforations large
Scratching. enough to allow particles of animal attractant to pass through
or be squeezed through. Animal-induced deformation or
What is needed is a simple, economical, durable and dis
deflection also causes engagement to occur between animal
posable device with which an animal. Such as a domestic
attractant in the pouch and the pouch sidewall, squeezing at
animal, interacts that also dispenses material. What is also
65 least some particles of the animal attractant through perfora
needed is a material dispensing device with which an animal
interacts by playing with the device or by being trained using
tions in the sidewall. Such engagement caused by animal
the device. induced deformation or deflection also grinds some of the
US 9,101,114 B2
3 4
animal attractant in the pouch abrading particles that are FIG. 7 is an enlarged fragmentary view of a portion of the
Squeezed through or which can pass through perforations in perforate sidewall of the animal attractant dispensing device
the pouch sidewall. Grinding and/or abrasion of animal shown in FIG. 6 undergoing deflection.
attractant in the pouch can also release liquid. Such as in the FIG. 8 is an enlarged fragmentary view of a portion of the
form of oils from the animal attractant that can produce a perforate sidewall defining a perforation formed therein
scent also dispensed from the pouch during animal interac whose size increases or decreases in response to deflection or
tion. deformation of the animal attractant dispensing device during
A preferred animal attractant dispensing device con animal interaction therewith.
structed in accordance with the invention is a cat toy pouch at FIG. 9 is an enlarged cross section of the animal attractant
least partially filled with catnip that is engaged by the pouch 10 dispensing device filled with animal attractant.
sidewall during interaction by the cat causing at least some Before explaining one or more embodiments of the inven
catnip to be dispensed through perforations in the pouch tion in detail, it is to be understood that the invention is not
sidewall enticing the cat into continued interaction. During limited in its application to the details of construction and the
interaction, particles of catnip are dispensed from the pouch arrangement of the components set forth in the following
that are tasted or Smelled by the cat exciting the cat into 15 description or illustrated in the drawings. The invention is
continued interaction that can be heightened as a result. Dur capable of other embodiments, which can be practiced or
ing interaction, a scent can be dispensed from the pouch carried out in various ways. Also, it is to be understood that
produced by grinding or abrasive engagement between the the phraseology and terminology employed herein is for the
pouch sidewall and animal attractant in the pouch. purpose of description and should not be regarded as limiting.
In a method of use, interaction with the pouch by a cat
biting, grasping, rolling, twisting, bending or otherwise DETAILED DESCRIPTION
deforming or deflecting the pouch squeezes at least some
particles of catnip out perforations in the pouch sidewall. FIGS. 1-9 illustrate an animal attractant dispensing device
Cat-induced deformation or deflection of the pouch enlarges 20that is a deformation-induced dispensing pouch 22 formed
at least some perforations in the pouch sidewall in a region of 25 of a sidewall 24 of flexible and perforate construction that
the pouch sidewall at or adjacent the deformation or deflec dispenses animal attractant 26 held by the pouch 22 when the
tion enabling Smaller sized particles of catnip to pass through pouch 22 is deformed or deflected during interaction with an
the perforations dispensing them from the pouch. Cat-in animal 28, such as a cat 64. The flexible perforate pouch 22 is
duced deformation or deflection of the pouch grinds at least of tubular construction and is at least partially filled with
Some of the catnip into Smaller size catnip particles that more 30 animal attractant 26, Such as a particulate or granular animal
readily pass through perforations in the pouch sidewall and attractant 26 of edible or consumable composition like catnip
causes at least some catnip particles to be squeezed out per (e.g., nepeta, such as nepeta cataria or the like). The pouch 22
forations in the pouch sidewall. Cat-induced deformation or can include or beformed with one or more closures 30 and 32
deflection of the pouch that not only grinds catnip particles disposed at opposite ends to help hold animal attractant 26
35 within the pouch 22. During animal interaction with the
into Smaller size particles, but also releases oils onto particles
being dispensed from the pouch increasing their pungency. pouch 22, a scent 42. Such as from an oil, fragrance, perfume,
Such released oils also produce a scent that is dispensed from or aromatic expressed by animal attractant 26 within the
perforations in the pouch sidewall into the air Surrounding the pouch 22 that is engaged by the pouch 22 during pouch
cat. Dispensation of catnip particles provides a treat or reward deflection or deformation, can be released or dispensed.
to the cat interacting with the pouch advantageously enticing 40 The release or dispensation from the pouch 22 of animal
the cat into further interaction with the pouch. attractant 26, including any scent 42 from the animal attrac
These and various other features, aspects, and advantages tant 26, encourages desired behavior in the animal 28 inter
of the present invention will be made apparent from the fol acting with the pouch 22. For example, in one preferred
lowing descriptions of the drawings and detailed description. embodiment, the pouch 22 holds catnip animal attractant 26
45 that is dispensed during interaction with the pouch 22 by a cat
DRAWING DESCRIPTION 64 enticing the cat 64 into continued or heightened interac
tion, e.g., play, with the pouch 22. If desired, the animal
The drawings illustrate at least one preferred embodiment attractant 26 can be selected to help train the behavior of an
presently contemplated for carrying out the invention. In the animal. Such as a dog, interacting with another embodiment
drawings: 50 of the pouch 22 filled with another type of animal attractant,
FIG. 1 is a perspective view of a cat interacting with a Such as peanut butter, dog treats, etc.
flexible perforate pouch of an animal attractant dispensing The pouch 22 is formed of a segment 34 of mesh braided
device constructed in accordance with the present invention tubing or sleeving 36 of Chinese finger-cuff material 38 made
containing animal attractant that dispenses when the pouch of a biaxial woven material 40 defining a perforate, endless
deflects during animal interaction with the pouch. 55 and flexible sidewall 24 of the pouch 22. Being of Chinese
FIG.2 is a top plan view of the animal attractant dispensing finger cuff material construction 38, the biaxially woven or
device. braided sidewall 24 defines a plurality of pairs of perforations
FIG. 3 is a side elevation view of the animal attractant 66 formed therein that communicate with an internally dis
dispensing device. posed attractant holding compartment 44 (FIGS. 7 and 9)
FIG. 4 is an end view of the animal attractant dispensing 60 within the pouch 22 enabling particles 27, e.g., granules, of
device. animal attractant 26 within the pouch 22 to pass through
FIG. 5 is an enlarged fragmentary view of a portion of a perforations 66 and be dispensed from the pouch 22 in
perforate sidewall made of biaxial woven material that forms response to deformation of the pouch 22.
the animal attractant dispensing device. For example, where the pouch 22 is filled with catnip
FIG. 6 is a side elevation view of the animal attractant 65 animal attractant 26, particles 27 of catnip 26 pass through
dispensing device undergoing deflection causing animal perforations 66 in the pouch sidewall 24 when a cat 64 inter
attractant to be dispensed from the device. acts with the pouch 22 by playing with the pouch 22 in a
US 9,101,114 B2
5 6
manner that causes pouch deformation. The releasing or dis turn alternately overlies one pair of first strands 46 before
pensation of particles 27 of catnip 26 from the pouch 22 underlying a second pair of the first strands 46, Such as in the
during play with the pouch 22 that the cat 64 can taste and/or manner shown in FIG. 5.
smell rewards the cat 64 enticing the cat 64 into continued or With specific reference to FIG.5, the flexible and perforate
even heightened play with the pouch 22. The cat 64 can also pouch sidewall 24 can be formed of first and second plurality
be rewarded with a scent 42 released from the pouch 22 from of pairs of spiral or helically woven or braided strands 46 and
oil, e.g., nepetalactone, in catnip 26 within the pouch 22 50 that are each formed by an elongate filament bundle 56
expressed from the catnip 26 during engagement between the having a plurality of elongate filaments 58, 60 and 62 that can
catnip 26 and pouch 22 caused by cat-induced pouch defor also each extend substantially the length of the pouch 22. As
mation. 10 is depicted in FIG. 5, each filament bundle 56 can have three
The sidewall 24 of the pouch 22 is formed of a biaxial filaments 58, 60 and 62 arranged so they are generally parallel
woven or braided material of Chinese finger-cuff construc and adjoin one another along one or both longitudinally
tion 38 having a first plurality of spaced apart and generally extending sides of the filament. Each filament bundle 56 can
define a strand 46 and/or 50 having an oblong or generally
parallel elongate strands 46 that each extend along and/or 15 rectangular transverse cross-section. In a preferred embodi
generally parallel to a first strand axis 48 with each first strand ment, the filaments 58, 60 and 62 of each strand 46 and/or 50
46 crisscrossing a second plurality of spaced apart and gen can function as a strand 46 and/or 50 of one piece, unitary and
erally parallel elongate strands 50 that each extend along Substantially homogeneous construction permitting relative
and/or generally parallel to a second strand axis 52. The movement of one strand e.g., one or more first strands 46.
pouch sidewall 24 is formed of a first plurality of pairs, i.e., at relative to another strand, e.g., one or more second strands 50.
least three, of generally spiral or helically extending Strands in response to deflection of a portion of the pouch 22. If
46 that crisscross and are braided with a second plurality of desired, one or more of the filaments 58, 60 and 62 of a
pairs, i.e. at least three, of generally spiral or helically extend particular strand 46 and/or 50 can be movable, e.g., slidable,
ing strands 50 in a manner that permits relative, e.g., sliding, relative to one or more of the other filaments 58, 60 and/or 62
movement between strands 46 and 50 in response to deflec 25 of the Strand 46 and/or 50.
tion of the pouch 22 by an animal interacting with the pouch Each strand 46 and 50 extends substantially the entire
22, Such as while playing with the pouch 22. length of the pouch 22 with the strands 46 and 50 converging
With reference to FIGS. 2 and 3, each first strand 46 (and together at or adjacent at least one end of the pouch 22
corresponding first strandaxis 48) is acutely angled relative to forming a closure, such as closure 30 and/or closure 32, that
30 helps hold animal attractant 26 in the pouch. For example, in
the second strand axis 52 (and second strands 50) and is also the pouch 22 shown in FIGS. 1-7, the spiral or helical woven
acutely angled relative to a generally longitudinally extend or braided strands 46 and 50 that form the perforate pouch
ing central axis 54 of the pouch 22. Likewise, each second sidewall 24 converge together at opposite ends of the pouch
strand 50 (and corresponding second strand axis 52) is 22 where respective closures 30 and 32 close the ends of the
acutely angled relative to the first strand axis 48 (and first 35 pouch 22.
Strands 46) and is also acutely angled to the central pouch axis In a preferred embodiment, the strands 46 and 50 of the
54. pouch 22, including any filaments 58, 60 and/or 62 from
As is best shown in FIG. 3, each first strand 46 generally which any strand 46 and/or 50 is formed, are made of a
spirals or helically extends around the longitudinal central flexible material that preferably is plastic. One preferred plas
axis 54 of the pouch 22 with each first strand 46 oriented at a 40 tic is nylon, as nylon provides a desired combination of dura
first acute included angle, e, relative to the central axis 54. bility, toughness and abrasion resistance to an animal 28
Likewise, each second strand 50 generally spirals or helically chewing on the pouch 22. Making the pouch 22 of plastic
extends around the longitudinal central axis 54 with each advantageously enables each closure 30 and 32 to be formed
second strand 50 oriented at a second acute included angle, B. of a seal. Such as a heat seal that can be formed by a hot knife,
relative to the central axis 54. As is also shown in FIG.3, each 45 RF sealer, or the like. Such a plastic pouch construction also
first strand 46 and first strand axis 48 is acutely angled relative produces a pouch 22 of disposable construction that can be
to each second strand 50 and second strand axis 52 as the disposed of after the animal attractant 26 within the pouch 22
combined sum of the included angle, e, between first strand has been exhausted or used up.
axis 48 and center pouch axis 54 and the included angle, B. In one preferred embodiment, the pouch 22 is formed of
between second strand axis 52 and center pouch axis 54 is less 50 nylon expandable braided sleeving, such as an expandable
than 90 degrees. braided sleeving or tubing made of nylon 6, 6. If desired, the
With specific reference to FIGS. 2-7, first and second pouch 22 can be made of another type of plastic, such as
strands 46 and 50 are woven together so that each one of the polyethylene terephthalate (PET) or the like, which provides
first strands 46 alternately overlies and then underlies at least a Suitable combination of abrasion resistance, durability and
one of the second strands 50 and each one of the second 55 toughness.
strands 50 alternately overlies and then underlies at least one Weaving or braiding the strands 46 and 50 into a perforate,
of the first strands 46 biaxially weaving or braiding the flexible and endless sidewall 24 of the pouch 22 in such a
strands 46 and 50 together to form the perforate, flexible and manner permits the first and second strands 46 and 50 to move
endless sidewall 24 of the pouch 22. Each one of the first relative to one another, including by sliding over and/or along
strands 46 can alternately overlie and then underlie a plurality 60 one another, when at least part of the pouch 22 is deflected or
of second strands 50 crisscrossing the second strands 50 and deformed, such as by being bent, twisted, compressed, bit,
each one of the second strands 50 can alternately overlie and swatted, batted around, and/or pulled by the animal 28, such
then underlie a plurality of first strands 46 also crisscrossing as a pet, like the cat 64 shown in FIGS. 1 and 6, during animal
the first strands 46. For example, in one preferred embodi interaction with the pouch 22. Since the woven or braided
ment, each one of the first strands 46 alternately overlies one 65 strands 46 and 50 define a perforation 66 where each pair of
pair of second strands 50 and then underlies another pair of adjacent and generally parallel first Strands 46 crisscross each
second strands 50 and each one of the second strands 50 in corresponding pair of adjacent and generally parallel second
US 9,101,114 B2
7 8
strands 50, the size of the perforations 66 in a particular region grinding and/or squeezing of the catnip 26 in the pouch 22 can
or regions of the pouch 22 can vary in response to relative pass through perforations 66 in the pouch 22 into the Sur
movement between strands 46 and 50 caused by animal rounding air producing a scent 42 that can enter the mouth 78
induced deformation or deflection of the pouch 22 during or nose 80 of the cat 64 stimulating the cat 64. Such oil is also
animal interaction. Increasing the size of the perforations 66 5 carried by particles 27 passing through perforations 66 in the
in one or more regions of the pouch 22 due to animal-induced pouch 22 causing the catnip particles 27 to be more pungent
deformation or deflection will cause animal attractant 26 to be and more reactive to a cat 64 playing with the pouch 22. As is
dispensed from the pouch 22 releasing particles of animal depicted by FIGS. 6 and 7, such oil 86 can also directly pass
attractant 26 through perforations 66 enlarged during animal through or be squeezed out perforations 66 in the pouch 22
interaction. 10 coating part of the exterior of the pouch sidewall 24 enabling
At least a plurality of pairs of the perforations 66 is shaped the oil 86 to be licked by a cat 64 playing with the pouch 22.
generally like a parallelogram that can be rhomboid-shaped Where the animal attractant 26 is something other than
or a rhombus, e.g., diamond-shaped, like that depicted in catnip, it can be of a composition from which a scent 42 can
FIGS. 5 and 7. In a preferred pouch embodiment, substan be expressed when the attractant 26 is engaged and Squeezed
tially all of the perforations 66 of the pouch 22 are parallelo 15 and/or ground during pouch deformation or deflection that is
gram or rhomboid shaped. As is best shown in FIG. 8, each then dispensed from the pouch 22. For example, the animal
parallelogram-shaped perforation 66 is defined by two pairs attractant 26 can be capsules that break during engagement
of opposed sides 68, 70, 72 and 74 has a length, L, in a with the pouch sidewall 24 during animal-induced deforma
longitudinal direction relative to the pouch 22 and a width, W. tion of the pouch 22 releasing a liquid or perfume that pro
in a transverse direction relative to the pouch 22 that increases duces a scent 42 dispensed from the pouch 22 that can waft
or decreases in response to animal-induced deflection or into the air Surrounding the animal 28. Where liquid, e.g., oil,
deformation correspondingly increasing or decreasing perfo is released from particles 27 of animal attractant 26, the liquid
ration size. As is also shown in FIG. 8, one pair of opposed 86 can coat the exterior of the pouch 22 enticing the animal 28
sides 68 and 70 of each perforation 66 is formed by a pair of to lick the pouch 22.
adjacent but spaced apart generally parallel first strands 46 25 With reference to FIG. 1, a cat 64 interacting with the
and the other pair of opposed perforation sides 72 and 74 is pouch 22 grasps the pouch 22 between its front paws 76 and
formed by a pair of adjacent but spaced apart generally par bites the pouch 22 with its mouth 78 causing particles 27 of
allel second strands 50. catnip 26 to be squeezed out perforations 66 at and/or adja
In a method of use and operation, an animal 28, Such as the cent its mouth 78 stimulating the cat 64 into further interac
cat 64 shown in FIGS. 1 and 6, interacts with the pouch 22 by 30 tion with the pouch 22. While the cat 64 is grasping the pouch
engaging the pouch 22 in a manner that causes the pouch 22 22 between its front paws 76, the cat 64 also kicks or scratches
to deform or deflect at least a portion of the pouch 22. For part of the pouch 22 with its rear paws 79 a distance from its
example, a cat 64 grasping the pouch 22 with its paws, e.g. front paws 78 causing particles 27 of catnip 26 to be squeezed
front paws 76, can bite the pouch 22 with its mouth 78, such out perforations 66 at or adjacent where the rear paws 79 are
as is depicted in FIG. 1, or can bend the pouch 22, such as is 35 engaging the pouch.
depicted in FIG. 6 causing the pouch 22 to deform and/or As is also shown in FIG. 1, particles 27 of catnip 26 dis
deflect. pensed from the perforations 66 adjacent and along where the
During deformation and/or deflection of the pouch 22 due cat 64 engages the pouch 22 with its front paws 76 (as well as
to animal interaction, engagement between the pouch side where the cat 64 engages the pouch 22 with its rear paws 79
wall 24 and animal attractant 26 within the pouch 22 can grind 40 and/or mouth 78) can waft into the air where it can be smelled
the animal attractant 26. Grinding of the animal attractant 26 by the nose 80 of the cat 64 further stimulating the cat 64. In
caused by animal interaction with the pouch 22 creates par addition, the cat 64 can grasp the pouch 22 between one or
ticles 27 that pass through perforations 66 in the pouch 22. both pairs of paws 76 and/or 79 kicking or tossing the pouch
Grinding of animal attractant 26 also can release oils from the 22 into the air chasing after the pouch 22 with Such engage
attractant 26 which make particles 27 of attractant 26 passing 45 ment causing release of additional particles 27 of catnip 26.
through the perforations 66 in the pouch 22 more pungent. Interaction with the pouch 22 by a cat 64 can be in the form
During deformation and/or deflection of the pouch 22, perfo of bending or twisting of the pouch 22. Such as is depicted in
rations 66 in one region 82 of the pouch 22 enlarge relative to FIGS. 6 and 7. When twisted, such as relative to the longitu
perforations 66 in another region 84 of the pouch 22 becom dinal axis 54 (FIGS. 2 and 3), the perforations 66 in one region
ing large enough so particles 27 of animal attractant 26 pass 50 82 of the pouch 22 will enlarge, such as depicted in FIG. 7,
through the enlarged perforations 66. Such as depicted in enabling particles 27 of catnip 26 to pass through the enlarged
FIGS. 6 and 7. perforation 66.
Where grinding occurs during animal interaction, it results Likewise, when bent in a manner that imparts a radius of
from engagement between the pouch 22 undergoing defor curvature to the pouch 22. Such as in the manner depicted in
mation or deflection and animal attractant 26 within the 55 FIGS. 6 and 7, the perforations 66 extending generally along
pouch 22 rubbing and/or abrading the animal attractant 26 a region 82 of the pouch 22 where it is convexly curved
into particles 27 capable of passing through perforations 66 in become enlarged due to relative movement between strands
the sidewall 24 of the pouch 22. Where the animal attractant 46 and 50 of the biaxially woven or braided pouch sidewall 24
26 is already formed of particulate matter, Such as in the case enabling particles 27 of catnip 26 to pass through the enlarged
where the animal attractant 26 is pre-ground catnip, engage 60 perforation 66. For example, when the pouch 22 is engaged
ment between the pouch 22 and the catnip animal attractant by a cat 64 in a manner that bends the pouch 22, Such as by
26 grinds at least some particles of the catnip 26 into Smaller bending the pouch 22 upwardly in the manner shown in FIG.
particles 27, at least some of which pass through perforations 6, the perforations 66 on at least one side along the radius of
66 in the pouch sidewall 24 dispensing them to a cat 64 curvature of the pouch 22 are enlarged relative to the perfo
playing with the pouch 22 stimulating the cat 64. 65 rations 66 on the opposite side along the radius of curvature as
Where the animal attractant 26 is or includes catnip, oil a result of relative movement between strands 46 and 50 that
expressed from the catnip animal attractant 26 produced by form the biaxially woven or braided pouch sidewall 24.
US 9,101,114 B2
10
When the pouch 22 is being bent, twisted, bitten, scratched, strands helically spiraling about a central longitudinal
compressed, and/or stretch during animal interaction, relative axis of the pouch and movable relative to one another in
movement of strands 46 and/or 50 of the biaxially woven or response to deformation or deflection of the pouch by
braided pouch sidewall 24 cause particles 27 of the catnip 26 animal interaction changing the size of a plurality of the
within the pouch 22 to be ground into smaller or finer particles 5 perforations formed in the pouch sidewall; and
27 by engagement with the pouch sidewall 24, at least some of an animal attractant disposed inside the pouch.
which are Small enough to be squeezed through perforations 2. The animal attractant dispensing device of claim 1
66 in the pouch sidewall 24. While this is occurring, defor wherein deformation of the pouch comprises at least one of
mation of the pouch sidewall 24 also causes perforations 66 in Squeezing, bending, compressing and rolling of the pouch
one region 82 of the pouch 22 to enlarge allowing particles 27 10 causing a size of a plurality of the perforations in the pouch to
of catnip 26 Small enough to pass through the enlarged per increase, and wherein engagement between animal attractant
forations 66 to do so. within the pouch and the pouch during deformation causes
The present invention is directed to an animal attractant animal attractant to pass through the enlarged perforations.
dispensing device that can be an animal toy comprised of a 3. The animal attractant dispensing device of claim 2
flexible bi-axially woven or braided material of perforated 15 wherein the flexible perforate sidewall of the pouch is of
construction that disperses and dispenses an animal attractant endless construction.
in response to interaction with the device by the animal. The 4. The animal attractant dispensing device of claim 3
present invention can be further directed to an animal attrac wherein the flexible perforate sidewall of the pouch is com
tant dispensing device formed of a perforate flexible tube prised of a biaxial woven or biaxial braided material.
where the tube is includes a plurality elongate helical or spiral 5. The animal attractant dispensing device of claim 2
Strands woven or braided into a pouch sidewall having per wherein the flexible perforate sidewall of the pouch is com
forations through which the animal attractant is dispersed prised of plastic.
when the pouch is being manipulated by a pet interacting with 6. The animal attractant dispensing device of claim 1
the pouch Such as by playing with the pouch. The present wherein the flexible perforate sidewall of the pouch is of
invention can be further directed to a perforate animal attrac 25 endless construction and engages animal attractant within the
tant dispensing pouch having a first plurality of helical or pouch during animal interaction grinding or abrading animal
spiral longitudinally extending elongate strands that are attractant into particles Small enough to pass through perfo
acutely angled at one angle relative to a longitudinal axis of rations in the pouch.
the pouch and a second plurality of helical or spiral longitu 7. The animal attractant dispensing device of claim 1
dinally extending elongate strands that are acutely angled at 30 wherein the flexible perforate sidewall of the pouch is of
another angle relative to the longitudinal axis of the pouch endless construction that engages animal attractant within the
crossing the first plurality of helical or spiral longitudinally pouch during animal interaction grinding or abrading animal
extending elongate strands at an angle defining opposed acute attractant expressing oil therefrom producing a scent dis
included angles extending longitudinally and opposed obtuse pensed from the pouch.
included angles extending transversely. The present invention 35 8. An animal attractant dispensing device comprising:
can be further defined where the woven or braided strands are a flexible pouch having a plurality of pairs of perforations
movable relative to one another changing the size of a plural through which an animal attractant inside the pouch is
ity of perforations defined by the woven or braided strands dispensed by deformation of the pouch caused by inter
enabling granular or particulate animal attractant to pass action with the pouch by an animal, the pouch made of a
through the perforations during physical interaction with the 40 flexible perforate sidewall formed of a section of braided
pouch by an animal. The present invention can be further or woven tubing or sleeving, the pouch sidewall formed
defined where the perforations defined by a first plurality of of a first plurality of Strands oriented at an acute angle
Strands and a second plurality of Strands form parallelogram relative to a central longitudinal axis of the pouch, and
shaped perforations whose size changes depending on stress the pouch sidewall formed of a second plurality of
or strain from deflection or deformation to the pouch applied 45 strands oriented at an acute angle relative to the central
by the animal to the pouch during animal interaction with the longitudinal axis of the pouch wherein the first and Sec
pouch. The present invention can be further defined with the ond plurality of Strands crisscross one another, the
animal attractant being catnip that is crushed or ground cat strands movable relative to one another in response to
nip. The present invention can be further defined where the deformation or deflection of the pouch by animal inter
ground or crushed catnip is ground or crushed into Smaller 50 action changing the size of a plurality of the perforations
sized particles or grains of catnip during physical engagement formed in the pouch sidewall; and
and manipulation of the pouch by a cat playing with the an animal attractant disposed inside the pouch.
pouch. 9. The animal attractant dispensing device of claim 8
Understandably, the present invention has been described wherein the first plurality of strands form a first acute
above in terms of the preferred embodiment. It is recognized 55 included angle, 0, with the central longitudinal axis of the
that various alternatives and modifications may be made to pouch to one side of the central longitudinal axis of the pouch,
these embodiments which are within the scope of the and wherein the second plurality of Strands form a second
appended claims. acute included angle, B, with the central longitudinal axis of
What is claimed is: the pouch to an opposite side of the central longitudinal axis
1. An animal attractant dispensing device comprising: 60 of the pouch.
a flexible pouch having a plurality of pairs of perforations 10. The animal attractant dispensing device of claim 8
through which an animal attractant inside the pouch is wherein each one of the Strands is elongate and helically
dispensed by deformation of the pouch caused by inter spirals about the central longitudinal axis of the pouch.
action with the pouch by an animal, the pouch made of a 11. The animal attractant dispensing device of claim 8
flexible perforate sidewall formed of a section of braided 65 wherein the pouch is closed at or adjacent one end.
or woven tubing or sleeving comprised of a plurality of 12. The animal attractant dispensing device of claim 8
elongate strands forming perforations therebetween, the wherein the animal attractant is engaged by the pouch during
US 9,101,114 B2
11 12
deformation from interaction with the pouch by the animal 21. An animal attractant dispensing device comprising:
dispensing a scent from the pouch. a flexible elongate tubular pouch comprised of a flexible
13. The animal attractant dispensing device of claim 12 perforate sidewall formed of a biaxial wovenorabiaxial
wherein the animal attractant is comprised of catnip and the braided tubing or sleeving comprised of a plurality of
scent dispensed from the pouch comprises oil released from 5 elongate strands helically spiraling about a central lon
catnip in the pouch engaged by the pouch during deformation gitudinal axis of the pouch with a first plurality of the
from interaction with the pouch by the animal. strands forming an acute included angle with the central
14. The animal attractant dispensing device of claim 8 longitudinal axis of the pouch to one side of the central
wherein the animal attractant is engaged by the pouch during longitudinal axis of the pouch and a second plurality of
deformation from interaction with the pouch by the animal, 10
the strands forming an acute included angle with the
grinding or abrading the animal attractant into smaller par central longitudinal axis of the pouch to an opposite side
ticles Small enough to pass through perforations in the pouch
in dispensing particles of animal attractant from the pouch. of the central longitudinal axis of the pouch, the strands
15. The animal attractant dispensing device of claim 8 defining a plurality of pairs of rhombus-shaped perfora
wherein the size of the plurality of perforations formed in the 15 tions formed in the pouch sidewall through which an
flexible perforate sidewall of the pouch increases in response animal attractant inside the pouch is dispensed from the
to animal-induced deformation of the pouch during animal pouch by deformation of the pouch during interaction
interaction with the pouch dispensing particles of animal with the pouch by an animal, the strands movable rela
attractant through the enlarged perforations. tive to one another during deformation of the pouch
16. The animal attractant dispensing device of claim 15 increasing the size of a plurality of the perforations
wherein the animal attractant is comprised of particulate or formed in the pouch sidewall dispensing animal attrac
granular matter. tant therethrough; and
17. The animal attractant dispensing device of claim 16 an animal attractant received in the flexible pouch.
wherein the animal attractant comprises catnip. 22. The animal attractant dispensing device of claim 21
18. The animal attractant dispensing device of claim 17 25 wherein each strand is comprised of a filament bundle formed
wherein the pouch is closed at or adjacent opposite ends. of a plurality of elongate filaments.
19. The animal attractant dispensing device of claim 18 23. The animal attractant dispensing device of claim 21
wherein the pouch is closed at or adjacent opposite ends by a wherein the animal attractant is comprised of particulate or
seal. granular matter.
20. The animal attractant dispensing device of claim 19 30 24. The animal attractant dispensing device of claim 23
wherein the seal at or adjacent opposite ends of the pouch wherein the animal attractant comprises catnip.
comprises a heat seal.

USOOD670455S
(12) United States Design Patent (10) Patent No.: US D670,455S

Lipscomb (45) Date of Patent: . Nov. 6, 2012
(54) CATNIP TOY 6,155,905. A 12/2000 Truax
D452,143 S * 12/2001 Ghatlia et al. ................ D288.1
6,899,059 B1 5/2005 Crane et al.
(75) Inventor: John M. Lipscomb, Cedarburg, WI (US) D528,709 S ck 9, 2006 Nazimek ..................... D30,160
7,150,245 B2 12/2006 Lamstein

(73) Assignee: Pioneer Pet Products, LLC, Cedarburg, D571,061 S * 6/2008 Nazimek ...................... D30,160
WI (US) D597,263 S * 7/2009 Nazimek ... ... D30,160
D630,522 S * 1/2011 Harvey et al. D9,707
D645,214 S * 9/2011 Lee ............. ... D30,160
(**) Term: 14 Years 2009/0084325 A1 4/2009 Moskoff ....................... 119,707
(21) Appl. No. 29/400,269 * cited by examiner
(22) Filed: Aug. 25, 2011 Primary Examiner — Cathy A MacCormac
(51) Loc (9) Cl 9 30-99 (74) Attorney, Agent, or Firm — Boyle Fredrickson, S.C.
(52) U.S. Cl. ...................................................... D30/160 (57) CLAM
(58) Field of Classification Search ................. D30/160; The ornamental design for a catnip toy, as shown and
D21/466, 707, 719; 119/702, 706 711; 473/575 described.
See application file for complete search history.
DESCRIPTION
(56) References Cited
FIG. 1 is a front view of a catnip toy incorporating my new
U.S. PATENT DOCUMENTS design, with the rear view mirror being a mirror image of the
4,133,296 A 1, 1979 Smith front view.
D257,200 S * 10, 1980 LaRocca ........................ D6,601 FIG. 2 is a top plan view thereof, the bottom plan view being
4,928,632 A 5, 1990 Gordon a mirror image thereof, and,
5,009, 193 A 4, 1991 Gordon
D328, 138 S * 7/1992 Nadherny-Borutin ....... D25/100 FIG.3 is a right side elevation view thereof, with the left view
D374,519 S 10, 1996 Ruble .......................... D30,160 being a mirror image of the right side.
5,682,838 A 11, 1997 Reich
D430,720 S 9/2000 Williamson et al. ........... D1 105 1 Claim, 1 Drawing Sheet
s
8.S.
EXHIBIT
Case 2:20-cv-00176-LA Filed 02/05/20 Page 1 of 2 Document 1-2 B
U.S. Patent Nov. 6, 2012 US D670,455S

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Product / Item Patent No. /
Publication No. Title Country Status
Number App No.
Item No. 8800494 US20130228129A1 Pet Assembly with Cord U.S. Issued
6023/6027: Conduit and Disconnectable
Raindrop® Drinking Power Cord
Fountain (Stainless
Steel) - 60 oz./ 96
oz
Case 2:20-cv-00176-LA Filed 02/05/20 Page 1 of 16 Document 1-3 EXHIBIT

www.pioneerpet.com/patents/ C 1/16

Number App No.
9497930 US20160000037A1 Self-Locating Cover for Pet U.S. Issued

Fountain Assembly
9730427 US20150313180A1 Pet Fountain Assembly with U.S. Issued

Lift Tube
8899182 US20110067638 Pet Fountain Assembly U.S. Issued

A1

A1
D709,655 USD709,655 S Pet Fountain Basin U.S. Issued
2 480 068 EP2480068 A2 Pet Fountain Assembly and Europe Issued

Pump Module
D637,770 USD637770 S1 Pet Fountain U.S. Issued
8960126 US20130228132 Pump Module for Pet U.S. Issued

A1 Fountain
001837105- 001837105-0001 Pump Module Housing Europe Issued

0001
D641,764 USD641764 S1 Pump Module Housing U.S. Issued
001808841- 001808841-0001 Pet Fountain Cover Europe Issued

0001
D665,134 USD665134 S1 Pet Fountain Cover U.S. Issued
Item No. 3009: Big 8763557 US20130087102 Pet Fountain Assembly U.S. Issued
Max® Drinking A1
Fountain (Stainless
Steel) - 128 oz.
D709,654 USD709654 S Cover for Pet Fountain U.S. Issued

0001
0020206- 0020206-0002 Pet Fountain Basin Europe Issued

0002
8800494 US20130228129A1 Pet Assembly with Cord U.S. Issued

Conduit and Disconnectable
Power Cord
www.pioneerpet.com/patents/ 2/16

Number App No.

A1 Fountain

A1

Fountain Assembly

Lift Tube

Pump Module

0001
D659,301 USD659301 S1 Basin for Pet Fountain U.S. Issued
Item No. 3005: Big 8381685 US20100300366 Pet Fountain U.S. Issued
Max® Ceramic A1
Drinking Fountain
(Black) / (White)

Pump Module
11798786.7 EP2582228 A2 Pet Fountain Assembly Europe Pending

A1
2 434 869 EP2434869 A2 Pet Fountain Europe Issued
8800494 US20130228129A1 Pet Assembly with Cord U.S. Issued

Conduit and Disconnectable
Power Cord

Fountain Assembly

Lift Tube


Number App No.

A1 Fountain

0001
D658,818 USD658818 S1 Pet Fountain Basin U.S. Issued
001957853- 001957853-0001 Pet Fountain Europe Issued

0001
001957853- 001957853-0002 Pet Fountain Basin Europe Issued

0002
8985054 US20120137979 Pet Fountain with Basin- U.S. Issued

A1 Straddling Cover
9826712 US20150196007 Pet Fountain with Basin- U.S. Issued

A1 Straddling Cover

0003
Item No. 6022: 8800494 US20130228129A1 Pet Assembly with Cord U.S. Issued
Raindrop® Ceramic Conduit and Disconnectable
Drinking Fountain Power Cord
(Black) / (White)

Fountain Assembly

A1

Lift Tube

A1
D709,655 USD709,655 S Pet Fountain Basin U.S. Issued


Number App No.

A1 Fountain

0001

Pump Module

0001
Item No. 8800494 US20130228129A1 Pet Assembly with Cord U.S. Issued
3018/3019: Conduit and Disconnectable
Peaceful Waters Power Cord
Ceramic Drinking
Fountan

Pump Module

Fountain Assembly

A1 Fountain

A1

Lift Tube
Item No. 001808841- 001808841-0001 Pet Fountain Cover Europe Issued

6029/6029W: 0001
Raindrop®
Stainless Steel &
Plastic Drinking
Fountain


Number App No.
Item No. 3040: 9572323 US20140069341 Interchangeable Flow U.S. Issued

Serenity Plastic A1 Directing Ori ce Inserts and
Drinking Fountain Recirculating Pet Fountain
with Flow Directing Ori ce
Inserts

A1 Fountain

A1

0001

0002

0003
Item No. 8770148 US 8,770,148 Filter for Pet Fountain U.S. Issued
3002/3014:
Fountain Filter
Replacement 3-
Pack/4-Pack
001837089- 001837089-0001 Filter Europe Issued

0001
D657,843 USD657843 S1 Filter for Pet Fountain U.S. Issued
Item No. 6024: 001808841- 001808841-0001 Pet Fountain Cover Europe Issued
Raindrop® Plastic 0001
Drinking Fountain
(Black & White)


Number App No.
Item No. 3004 Fung 9113610 US20130255584 Water Wheel Aerator U.S. Issued
Shui™ Plastic A1 Assembly for Pet Fountain
Drinking Fountain
(Black & White)

0001

A1 Fountain
001842071- 001842071-0001 Water Wheel Europe Issued

0001
D643,158 USD643158 S1 Water Wheel U.S. Issued
Item No. 3075: The D856,606 Pet Fountain U.S. Issued

Swan Fountain -
Plastic
16/269,080 US2019/0239475 Low-Splash Fountain U.S. Pending

A1

0002
Item No. 3076: The D856,605 Pet Fountain U.S. Issued

Swan Fountain -
Stainless Steel
16/269,080 US2019/0239475 Low-Splash Fountain U.S. Pending

A1

0001
Item No. 2002N: 8397674 US20100077963 Pet Feeding Dish and System U.S. Issued
Tiger Diner Plastic A1
Food Dish
8631763 US20120325157 Pet Feeding Dish and System U.S. Issued

A1

Number App No.

A1
2 337 443 EP2337443 A2 Pet Feeding Dish and System Europe Issued
12005974.6 EP2561751 A1 Pet Feeding System Europe Pending
8997692 US20140130747 Pet Feeding System with U.S. Issued

A1 Removable Food Holding
Container
Item No. 8397674 US20100077963 Pet Feeding Dish and System U.S. Issued
2005W/2005B: A1
Tiger Diner Ceramic
Food Dish

A1

A1
12005974.6 EP2561751 A1 Pet Feeding System Europe Pending
2 337 443 EP2337443 A2 Pet Feeding Dish and System Europe Issued
8997692 US20140130747 Pet Feeding System with U.S. Issued

A1 Removable Food Holding
Container
Item No. 3011: Nip EP2645852 EP2645852 A2 Animal Attractant Dispensing Europe Issued
Nibblers® B1 Device
9101114 US20130291804 Animal Attractant Dispensing U.S. Issued

A1 Device
001997891- 001997891-0001 Catnip Toy Europe Issued

0001
D670,455 USD670455 S1 Catnip Toy U.S. Issued
Item No. 8116: D708,399 USD708399 S1 Animal Carrier with Seatbelt U.S. Issued
Cuddler Carrier Bed Attachment
D713,605 USD713605 S Animal Carrier U.S. Issued


Number App No.
002198200- 002198200-0002 Animal Carrier Europe Issued

0002
Item No. 3832: 7171922 US20050011469 Scratching Post U.S. Issued

Ultimate Scratching A1
Post
Item No. 3854: D638,590 USD638590 S1 Cat Litter Box U.S. Issued
Ultimate Litter Box
Item No. 1127B & 8408614 US20110266817 Sifting Scoop U.S. Issued
1127G: Big Mouth A1
Litter Scoop
8459707 US20120025549 Sifting Pet Waste Scoop U.S. Issued

A1
001841974- 001841974-0001 Litter Scoop Europe Issued

0001
001841974- 001841974-0002 Litter Scoop Europe Issued

0002
D658,827 USD658827 S1 Sifting Scoop U.S. Issued
D659,306 USD659306 S1 Sifting Scoop U.S. Issued
Item No. 6006: 8261696 Animal Water Toy and U.S. Issued
Doctors Foster and Fountain
Smith Pet Fountain
9510561 US20130180458 Pet Fountain U.S. Issued

A1
Item No. 1124: 6578807 Cat Litter Scoop Holder and U.S. Issued
SmartCat® Scoop Scoop
and Holder
6976661 US20040016860 Cat Litter Scoop Holder U.S. Issued

A1


Number App No.
Item No. 6504, 6505 9266088 US20140069344 Method of Making Extruded U.S. Issued
& 6506: SmartCat® A1 Self-Clumping Cat Litter
All Natural
Clumping Litter
9266089 US20140069345 Self-Clumping Cat Litter U.S. Issued

A1
10028481 US20150145164 Granular Absorbent and U.S. Issued

A1 System and Method for
Treating or Processing
Granular Absorbent During
Granular Absorbent Transport
9491926 US20150238931 Method of Making Extruded U.S. Issued

A1 Self-Clumping Granular
Absorbent
14/656,692 US20160000033 Extruded Granular Absorbent U.S. Pending

A9
14/668,975 US20160007561 Extruded Self-Clumping Cat U.S. Pending

A9 Litter
10098317 US20160165834 Method of Making Animal U.S. Issued

A1 Litter
15/114,069 US20160346981 Quenched Granular U.S. Pending

A1 Absorbent and System and
Method for Making Quenched
Granular Absorbent
15/445,977 US20170188540 System and Ultrahigh U.S. Pending

A1 Pressure Extrusion Method
for Making Extruded Granular
Sorbent with Post-Extrusion
Cold Processing of Extruded
Granular Absorbent for Size
Control
2013315576 Extruded Self-Clumping Australia Issued

Animal Litter and Method of
Making Extruded Self-
Clumping Animal Litter
2013315516 Method of Making Extruded Australia Issued

Self-Clumping Granular
Absorbent


Number App No.
15/510,052 US20170245460 Airborne Dust Reducing U.S. Pending

A1 Granular Absorbent Blends
15861853.8 3 223 929 A1 Airborne Dust Reducing Europe Pending

Granular Absorbent Blends
Item No. 6501: 9266088 US20140069344 Method of Making Extruded U.S. Issued
SmartCat® A1 Self-Clumping Cat Litter
Lightweight
Clumping Litter
9266089 US20140069345 Self-Clumping Cat Litter U.S. Issued

A1
9266090 US20140069346 Coated Extruded Cat Litter U.S. Issued

A1
10028481 US20150145164 Granular Absorbent and U.S. Issued

A1 System and Method for
Treating or Processing
Granular Absorbent During
Granular Absorbent Transport
9491926 US20150238931 Method of Making Extruded U.S. Issued

A1 Self-Clumping Granular
Absorbent
14/656,692 US20160000033 Extruded Granular Absorbent U.S. Pending

A9
14/668,975 US20160007561 Extruded Self-Clumping Cat U.S. Pending

A9 Litter
10098317 US20160165834 Method of Making Animal U.S. Issued

A1 Litter
10368527 US20160165835 Animal Litter U.S. Issued

A1
15/114,069 US20160346981 Quenched Granular U.S. Pending

A1 Absorbent and System and
Method for Making Quenched
Granular Absorbent


Number App No.
15/445,977 US20170188540 System and Ultrahigh U.S. Pending

A1 Pressure Extrusion Method
for Making Extruded Granular
Sorbent with Post-Extrusion
Cold Processing of Extruded
Granular Absorbent for Size
Control
2013315576 Extruded Self-Clumping Australia Issued

Animal Litter and Method of
Making Extruded Self-
Clumping Animal Litter
2013315516 Method of Making Extruded Australia Issued

Self-Clumping Granular
Absorbent
15/510,052 US20170245460 Airborne Dust Reducing U.S. Pending

A1 Granular Absorbent Blends
15861853.8 3 223 929 A1 Airborne Dust Reducing Europe Pending

Granular Absorbent Blends
OTHER PATENTS OF PIONEER PET PRODUCTS, LLC

Patent No. / Publication
Patent Title Country Status
App. No. No.
8,109,235 (http://www.pioneerpet.com/wp- US Pet Food Holder, Pet US Issued

content/uploads/2014/07/US8109235.pdf) 2008/0184938 Food Containing Module
A1 & Method (Window
Wheat Grass)
8,235,006 (http://www.pioneerpet.com/wp- US Disposable Fold-Up US Issued

content/uploads/2014/07/US8235006.pdf) 2010/0095899 Sifting Cat Litter
A1 Filtering Pan
8,235,434 (http://www.pioneerpet.com/wp- US Uprightly Storable Fecal US Issued

content/uploads/2014/07/US8235434.pdf) 2009/0278366 Matter Scooper ("No
A1 Stoop Scoop")
8,733,295 (http://www.pioneerpet.com/wp- US Animal Water Toy and US Issued

content/uploads/2014/07/US8733295.pdf) 2013/0036981 Fountain
A1

Patent No. / Publication

Patent Title Country Status
App. No. No.
9,402,375 (http://www.pioneerpet.com/wp- US Recirculating Pet US Issued

A1
9,930,867 (https://www.pioneerpet.com/wp- US Pet Fountain Diffuser US Issued

content/uploads/2018/04/US-9930867.pdf) 2014/0102309
A1
9,474,249 (http://www.pioneerpet.com/wp- US Recirculating Pet US Issued

A1
D655,054 (http://www.pioneerpet.com/wp- Pet Food Dish US Issued

content/uploads/2014/07/USD655054.pdf)
9,217,231 (http://www.pioneerpet.com/wp- US Object-Enclosing US Issued

content/uploads/2016/02/US-9217231.pdf) 2015/0042112 Chambered Scooper
A1
9,565,839 (http://www.pioneerpet.com/wp- US Support Arrangement US Issued

content/uploads/2017/02/US9565839.pdf) 2015/0020746 for Soft Sided Aquarium
A1
9,485,961 (http://www.pioneerpet.com/wp- US Fold Up Pet Bowl or US Issued

content/uploads/2016/11/US9485961B2.pdf) 2015/0250147 Fountain Pedestal
A1
10,028,481 (https://www.pioneerpet.com/wp- US Granular Absorbent and US Issued

content/uploads/2018/08/US10028481B2.pdf) 2015/0145164 System and Method for
A1 Treating or Processing
Granular Absorbent
During Granular
Absorbent Transport
10,383,315 (https://www.pioneerpet.com/wp- US Clip or Snap-On Filter for US Issued

content/uploads/2018/10/US10383315.pdf) 2015/0189862 Submersible Pump
A1
Contact Us
E-Mail: orders@pioneerpet.com
Phone: 1-866-317-6278
Notice: This list associates the above U.S. patents and published U.S. patent applications (“properties”) with the
product(s) you have purchased that references this website and is posted on the Internet to provide notice to the
public of the properties listed. There is no charge for accessing this publically available information as the actual
patents and publications can be found by searching its corresponding number at http://patft.uspto.gov/
(http://patft.uspto.gov/) of the United States Patent & Trademark O ce. This list is provided in compliance with
the virtual patent marking provisions of 35 U.S.C. 287. The patent process is dynamic and the content of this list
and association between your product and properties listed may change due to events including, but not limited to:
ling, publication, issuance, licensing, product changes, expiration, abandonment, and other circumstances. The
content of this list is updated periodically but may not be up to date at the speci c time you visit this link. Patent
applications may be pending or published and patents may have issued in the United States which are not
identi ed on this list. Additional patents and patent applications may be pending in the United States and
elsewhere and your product may be covered by one or more foreign patents and patent application not listed
above. This list may be unavailable from time to time without notice as part of maintenance or an unintended
outage. Efforts will be made to maintain this link page active. This list may not be all inclusive and other products
may be associated with one or more properties in the United States or elsewhere. Absence of any property from
this list does not prevent enforcement of any and all legal rights associated with the property against anyone
infringing the property.
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$39.99
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AO 440 (Rev. 06/12) Summons in a Civil Action

for the
Eastern District of Wisconsin
)
)
)
)
Plaintiff(s) )
v. ) Civil Action No.
)
)
Innovative Design & Sourcing, LLC, and )
Bed Bath and Beyond Inc. )
Defendant(s) )
SUMMONS IN A CIVIL ACTION

Bed Bath & Beyond Inc.
To: (Defendant’s name and address) 650 Liberty Avenue
Union, New Jersey, 07083
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you receive it) – or 60 days if you are
the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P.
12(a)(2) or (3) – you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the
Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or the plaintiff’s attorney, whose
Adam L. Brookman
name and address are: Kyle M. Costello
Milwaukee, WI 53203
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
STEPHEN C. DRIES, CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4(l))
This summons and the attached complaint for (name of individual and title, if any):
were received by me on (date) .
☐ I personally served the summons and the attached complaint on the individual at (place):
on (date) ; or
☐ I left the summons and the attached complaint at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
☐ I served the summons and the attached complaint on (name of individual)
who is designated by law to accept service of process on behalf of (name of organization)

on (date) ; or
☐ I returned the summons unexecuted because ; or
☐ Other (specify):
My fees are $ for travel and $ for services, for a total of $ 0.00
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc.:

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
Eastern District of Wisconsin
)
)
)
)
Plaintiff(s) )
v. ) Civil Action No.
)
)
Innovative Design & Sourcing, LLC, and )
Bed Bath and Beyond Inc. )
Defendant(s) )
SUMMONS IN A CIVIL ACTION

Innovative Design & Sourcing, LLC
To: (Defendant’s name and address) 2 Mansfield Place
Darien, Connecticut 06820.
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you receive it) – or 60 days if you are
the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P.
12(a)(2) or (3) – you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the
Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or the plaintiff’s attorney, whose
Adam L. Brookman
name and address are: Kyle M. Costello
Milwaukee, WI 53203
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
STEPHEN C. DRIES, CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4(l))
This summons and the attached complaint for (name of individual and title, if any):
were received by me on (date) .
☐ I personally served the summons and the attached complaint on the individual at (place):
on (date) ; or
☐ I left the summons and the attached complaint at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
☐ I served the summons and the attached complaint on (name of individual)
who is designated by law to accept service of process on behalf of (name of organization)

on (date) ; or
☐ I returned the summons unexecuted because ; or
☐ Other (specify):
My fees are $ for travel and $ for services, for a total of $ 0.00
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc.:

JS 44 (Rev. 08/18) CIVIL COVER 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.)
Place an “X” in the appropriate box (required): Green Bay Division Milwaukee Division
I. (a) PLAINTIFFS DEFENDANTS
Pioneer Pet Products, LLC Innovative Design & Sourcing, LLC, and
Bed Bath and Beyond Inc.
(b) County of Residence of First Listed Plaintiff ozaukee County of Residence of First Listed Defendant
(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)
Adam L. Brookman Kyle M. Costello
BOYLE FREDRICKSON, S.C. 840 N. Plankinton Ave. Milwaukee, WI
53203
414-225-9755
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) Click here for: Nature of Suit Code Descriptions.
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 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 485 Telephone Consumer
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) Protection Act
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) 490 Cable/Sat TV
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 850 Securities/Commodities/
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) Exchange
362 Personal Injury - Product Liability 751 Family and Medical 890 Other Statutory Actions
Medical Malpractice Leave Act 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS 893 Environmental Matters
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 895 Freedom of Information
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) Act
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 896 Arbitration
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 899 Administrative Procedure
245 Tort Product Liability Accommodations 530 General Act/Review or Appeal of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: 462 Naturalization Application 950 Constitutionality of
446 Amer. w/Disabilities - 540 Mandamus & Other - Other Immigration
465 State Statutes
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)

1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Transfer Litigation -
(specify) Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 100 et seq
VI. CAUSE OF ACTION
Brief description of cause:
patent infringment
VII. 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
VIII. RELATED CASE(S)
IF ANY (See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
02/04/2020 /s/ Adam Brookman
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 08/18)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
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Pioneer Pet Prods. v. Innovative Design &amp; Sourcing - Complaint

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WISCONSIN

Pioneer Pet Products, LLC

Innovative Design & Sourcing, LLC, and

Bath & Beyond”) alleges as follows:

in this District at N144 W5660 Pioneer Road, Cedarburg, Wisconsin 53012.

3. Upon information and belief, Defendant Innovative Design is a Connecticut

United States, 35 U.S.C. § 100 et seq.

copy of which is attached hereto as Exhibit A.

(“Nip Nibblers”), examples of which are shown below.

on or about March 3, 2011.

14. Pioneer Pet maintains a virtual patent marking website available at

pioneerpet.com/patents, a copy of which is attached hereto as Exhibit C.

and the ‘455 patent.

offered for sale by Bed Bath & Beyond.

which are shown below.

www.bedbathandbeyond.com, a photocopy of which is attached hereto as Exhibit D.

Claim 1 of the ‘114 Patent

the pouch caused by interaction with the pouch by an animal.

with each squeeze or swat.”

sidewall formed of a section of braided or woven tubing or sleeving comprised of a plurality of

elongate strands forming perforations therebetween.

formed of a section of braided or woven tubing or sleeving comprised of a plurality of elongate

on its packaging, “Lightweight woven nylon”.

formed in the pouch sidewall.

packaging, “Lightweight woven nylon.”

Claim of the ‘455 Patent

corresponding photographs of a Meow & Me Catnip Toy.

Claim for Infringement of the ‘114 Patent by Innovative Design

1-35 as if fully set forth herein.

the infringing Meow & Me Catnip Toy.

the ‘114 patent.

substantial non-infringing uses.

infringing the ‘114 patent.

infringement of the ‘114 patent by Innovative Design, up to treble damages.

46. Pursuant to 35 U.S.C. § 283, Pioneer Pet is entitled to a preliminary and

1-46 as if fully set forth herein.

the infringing Meow & Me Catnip Toy.

Meow & Me Catnip Toy.

the ‘114 patent.

substantial non-infringing uses.

infringing the ‘114 patent.

57. Pursuant to 35 U.S.C. § 283, Pioneer Pet is entitled to a preliminary and

Claim for Infringement of the ‘445 Patent by Innovative Design

1-57 as if fully set forth herein.

the infringing Meow & Me Catnip Toy.

the ‘445 patent.

substantial non-infringing uses.

infringing the ‘445 patent.

infringement of the ‘445 patent by Innovative Design, up to treble damages.

68. Pursuant to 35 U.S.C. § 283, Pioneer Pet is entitled to a preliminary and

1-68 as if fully set forth herein.

the infringing Meow & Me Catnip Toy.

Meow & Me Catnip Toy.

the ‘445 patent.

substantial non-infringing uses.

infringing the ‘445 patent.

79. Pursuant to 35 U.S.C. § 283, Pioneer Pet is entitled to a preliminary and

I. Preliminarily and permanently enjoining the Defendant Innovative Design &

J. Preliminarily and permanently enjoining the Defendant Innovative Design &

admitted by the defendants.

Dated: February 5, 2020 s/Adam L. Brookman

(12) United States Patent (10) Patent No.: US 9,101,114 B2

Case 2:20-cv-00176-LA Filed 02/05/20 Page 2 of 12 Document 1-1

Pioneer Pet Prods. v. Innovative Design & Sourcing - Complaint

Pioneer Pet Prods. v. Innovative Design & Sourcing - Complaint