Sundesa v. Hut Group - Complaint

Case 2:20-cv-00803-DBP Document 2 Filed 11/12/20 PageID.
2 Page 1 of 24
Paul A. Stewart (Pending Pro Hac Vice) Adam B. Beckstrom (14127)

Paul.stewart@knobbe.com DURHAM JONES & PINEGAR, PC
Ali S. Razai (Pending Pro Hac Vice) 111 South Main Street, Suite 2400
Ali.Razai@knobbe.com Salt Lake City, UT 84111
Nicole R. Townes (Pending Pro Hac Vice) Tel: (801) 415-3000
Nicole.Townes@knobbe.com Fax (801) 415-3500
KNOBBE, MARTENS, OLSON & BEAR, LLP abeckstrom@djplaw.com
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Telephone: (949) 760-0404
Facsimile: (949) 760-9502
Attorneys for Plaintiff

SUNDESA, LLC d/b/a
BLENDERBOTTLE COMPANY
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
SUNDESA, LLC d/b/a BLENDER BOTTLE Case No. 2:20-cv-00803-DBP

COMPANY, a Utah limited liability
company, COMPLAINT FOR PATENT
INFRINGEMENT, TRADE
Plaintiff, DRESS INFRINGEMENT, FALSE
DESIGNATION OF ORIGIN, AND
v. UNFAIR COMPETITION
THE HUT GROUP LIMITED d/b/a JURY DEMANDED

MYPROTEIN and THGPP LLC,
Magistrate Judge Dustin B. Pead
Defendants.
Plaintiff Sundesa, LLC, d/b/a BlenderBottle Company (“BlenderBottle®”) hereby
complains of The Hut Group Limited d/b/a Myprotein and THGPP LLC (collectively, the
“Defendants”) and alleges as follows:
JURISDICTION AND VENUE
1. This Court has original subject matter jurisdiction over the claims in this action
that relate to patent infringement, trade dress infringement, false designation of origin, and
federal unfair competition pursuant to 35 U.S.C. §§ 271 and 281, 28 U.S.C. §§ 1331 and 1338,
and 15 U.S.C. §§ 1116, 1121(a), and 1125(a), as these claims arise under the laws of the United
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Case 2:20-cv-00803-DBP Document 2 Filed 11/12/20 PageID.3 Page 2 of 24
States. The Court has supplemental jurisdiction over the claims that arise under state statutory
and common law pursuant to 28 U.S.C. § 1367(a) because the state law claims are so related to
the federal claims that they form part of the same case or controversy and derive from a common
nucleus of operative facts.
2. This Court has personal jurisdiction over Defendant THGPP LLC because
THGPP LLC has a principal place of business in this judicial district. Defendants also have a
continuous, systematic, and substantial presence within this judicial district. For example,
Defendants have been selling and offering for sale infringing products in this judicial district,
and committing acts of infringement in this judicial district, including but not limited to, selling
infringing products to consumers and/or retailers in this district and selling into the stream of
commerce knowing such products would be sold in Utah and this district. These acts form a
substantial part of the events or omissions giving rise to BlenderBottle®’s claims.
3. Alternatively, this Court may exercise jurisdiction over Defendant The Hut Group
Limited pursuant to Fed. R. Civ. P. 4(k)(2) because Plaintiff’s claims arise under federal law,
Defendant The Hut Group Limited would be a foreign defendant not subject to personal
jurisdiction in the courts of any state, and Defendant The Hut Group Limited has sufficient
contacts with the United States as a whole, including, but not limited to, selling products,
including the infringing products, that are distributed throughout the United States, such that this
Court’s exercise of jurisdiction over The Hut Group Limited satisfies due process.
4. Upon information and belief, venue is proper in this judicial district under 28
U.S.C. § 1391 because a substantial part of the events and omissions giving rise to
BlenderBottle®’s claims occurred in this district, Defendant THGPP LLC has a regular and
established place of business in this district, Defendant The Hut Group Limited is not a resident
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of the United States, and foreign entities may be sued in any judicial district, including Utah,
under 28 U.S.C. § 1391(c)(3) and 28 U.S.C. § 1400(b).
THE PARTIES
5. Plaintiff Sundesa, LLC doing business as the BlenderBottle Company is a limited
liability company organized and existing under the laws of the State of Utah, with its principal
place of business located at 250 South 850 East, Lehi, Utah 84043.
6. BlenderBottle® is informed and believes, and, based thereon, alleges that
Defendant The Hut Group Limited is a United Kingdom corporation with a principal place of
business at 5th Floor, Voyager House Chicago Avenue, Manchester Airport, Manchester,
England, M90 3DQ.
7. BlenderBottle® is informed and believes, and, based thereon, alleges that
Defendant THGPP LLC is a Delaware limited liability company with a principal place of
business at 632 North 2000 West #110, Lindon, Utah 84042. BlenderBottle® is informed and
believes, and, based thereon, alleges that Defendant THGPP LLC is a wholly owned subsidiary
of Defendant The Hut Group Limited.
GENERAL ALLEGATIONS
8. BlenderBottle® revolutionized the way supplements are mixed and consumed.
Through the tireless efforts of its designers and engineers over nearly two decades,
BlenderBottle® has pioneered innovative technology and path-breaking designs to create
premium products that help simplify everyday life. Available in more than 90 countries
worldwide and in over 60,000 retail locations, BlenderBottle®’s shakers have become the go-to
products for outdoor enthusiasts, gym goers, serious protein drinkers and more. Products
embodying BlenderBottle®’s proprietary designs and technology have been lauded by
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consumers and the media, including Good Morning America, Reader’s Digest, Self, the Today
Show, Men’s Fitness, and others.
9. BlenderBottle® protects its substantial investment in innovation and design from
imitators with its intellectual property rights.
10. On April 30, 2002, the United States Patent and Trademark Office (“USPTO”)
duly and lawfully issued United States Patent No. 6,379,032 (the “’032 Patent”), titled “FLOW-
THROUGH AGITATOR.” BlenderBottle® is the exclusive licensee of the ’032 Patent and has
been granted all rights thereunder, including the right and standing to enforce the ’032 Patent. A
true and correct copy of the ’032 Patent is attached hereto as Exhibit 1.
11. On October 4, 2005, the United States Patent and Trademark Office (“USPTO”)
duly and lawfully issued United States Design Patent No. D510,235 (the “D235 Patent”), titled
“BOTTLE.” BlenderBottle® is the exclusive licensee of the D235 Patent and has been granted
all rights thereunder, including the right and standing to enforce the D235 Patent. A true and
correct copy of the D235 Patent is attached hereto as Exhibit 2.
12. Defendants manufacture, use, sell, offer for sale, and/or import into the United
States shakers that have infringed BlenderBottle®’s patent rights, including the ’032 Patent and
D235 Patent.
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13. BlenderBottle® manufactures and sells shakers bearing a distinctive trade dress in
the overall design of its shaker bottle (the “Bottle Trade Dress”). An example of
BlenderBottle®’s Bottle Trade Dress is depicted below.
14. The Bottle Trade Dress includes: a tall cylindrical form; a top lid element with a
tall shoulder; a recessed domed top from which a conical spout protrudes on one side and a pair
of brackets on the opposing side; and the brackets host a pivoting arm containing a circular spout
closure element.
15. BlenderBottle® manufactures and sells agitators bearing a distinctive trade dress
in the overall design of the product (the “Agitator Trade Dress”). An example of
BlenderBottle®’s Agitator Trade Dress is depicted below.
16. The Agitator Trade Dress is a single length of metal wire formed to symmetrically
define the shape of a sphere.
17. As a result of BlenderBottle®’s widespread use and display of the Bottle Trade
Dress and Agitator Trade Dress in association with its shaker bottles and agitators, (a) the public
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has come to recognize and identify shakers and agitators bearing the Bottle Trade Dress and
Agitator Trade Dress as emanating from BlenderBottle®, (b) the public recognizes that shakers
and agitators bearing the Bottle Trade Dress and Agitator Trade Dress constitute high quality
products that conform to the specifications created by BlenderBottle®, and (c) the Bottle Trade
Dress and Agitator Trade Dress have established strong secondary meaning and extensive
goodwill.
18. The Bottle Trade Dress is not functional. The design features embodied by the
Bottle Trade Dress are not essential to the function of the product. A container that allows one to
combine powders and liquids and that also serves as drink dispenser can have many different
forms and shapes. The Bottle Trade Dress is not in its particular shape because it works better in
that shape. There are numerous alternative shapes and structures that allow a consumer to
combine powders and liquids and use them as a drink dispenser. Examples of commercially
available alternatives are depicted in the table below:
“PUSHLIMITS “Rubbermaid®
Designed by Artoid” SHAKER BOTTLE”
product product
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“Contigo® LEAK- “BluePeak Shaker

PROOF SHAKER Bottle” product
BOTTLE” product
19. Further, the design features of the Bottle Trade Dress are not comparatively
simple or inexpensive to manufacture because the elements are complex. For example, the lid
shown in the Bottle Trade Dress is more expensive to manufacture than other lids. The design
features of the Bottle Trade Dress do not affect the quality of the product. The design of the
Bottle Trade Dress is not a competitive necessity.
20. The Agitator Trade Dress is not functional. The design features embodied by the
Agitator Trade Dress are not essential to the function of the product. The Agitator Trade Dress is
not in its particular shape because it works better in that shape. There are alternative shapes and
structures that perform as well as the Agitator Trade Dress. Alternatives to the Agitator Trade
Dress can be found in numerous commercially available products. Several examples of
commercially available alternatives are depicted in the table below:
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Agitator from “TOOFEEL Agitator from Agitator from “PUSHLIMITS

SHAKER 700ML” product “PUSHLIMITS Designed by Designed by Artoid” product
Artoid” product
Agitator from “Rubbermaid® Agitator from “BOTTLED

Agitator from “Muscle
SHAKER BOTTLE” product JOY” product
Pound” product
Agitator from “MAINSTAYS Agitator from “UTOPIA

Agitator from “contigo®
Shaker Bottle” SHAKER BOTTLE”
LEAK-PROOF SHAKER
BOTTLE”
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Agitator from “BluePeak Agitator from “BluePeak Agitator from “BluePeak

Shaker Bottle” product Shaker Bottle” product Shaker Bottle” product
21. The elements of the Agitator Trade Dress do not make the product cheaper or
easier to manufacture, and do not affect the quality of the product. The design of the Agitator
Trade Dress is not a competitive necessity.
22. The Bottle Trade Dress and Agitator Trade Dress are invaluable assets essential to
BlenderBottle®’s success and represent the designs of its signature products. The shape of the
Agitator Trade Dress symbolizes the company itself and is part of a registered trademark used by
BlenderBottle® as its corporate logo.
23. This logo is prominently displayed on BlenderBottle®’s website, its marketing
materials, and stamped on its products.
24. Subsequent to BlenderBottle®’s use and adoption of the Bottle Trade Dress and
Agitator Trade Dress, Defendants have developed, manufactured, imported, advertised, and/or
sold shaker bottles and agitators that use trade dress that is confusingly similar to the Bottle
Trade Dress and Agitator Trade Dress.
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25. Defendants manufacture, use, sell, offer for sale, promote, advertise and/or import
into the United States the following shaker bottles which infringe BlenderBottle®’s intellectual
property rights (collectively, the “Myprotein Shaker Bottles”):
Myprotein Myprotein Myprotein
Shaker Bottle I Shaker Bottle II Shaker Bottle III
Shaker Bottle IV Shaker Bottle V Shaker Bottle VI
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Shaker Bottle VII Shaker Bottle VIII Shaker Bottle IX
Myprotein Myprotein
Shaker Bottle X Shaker Bottle XI
26. On February 5, 2020, BlenderBottle® sent Defendant The Hut Group Limited a
cease and desist letter demanding that Defendant cease selling shaker bottles and agitators that
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infringe the ’032 Patent, D235 Patent (collectively the “Asserted Patents”), Bottle Trade Dress,
and Agitator Trade Dress. A true and correct copy of this letter is attached as Exhibit 3.
27. On April 7, 2020, BlenderBottle® sent Defendant The Hut Group Limited an
email identifying additional shaker bottle products offered for sale, sold, marketed, or promoted
by Defendants that infringed at least the D235 Patent and Bottle Trade Dress. A true and correct
copy of this email is attached as Exhibit 4.
28. BlenderBottle® previously contacted Defendant The Hut Group Limited in 2015
and demanded that it cease selling products that infringe the ’032 patent and D235 patent,
including the MyProtein Shaker I. Defendant The Hut Group represented to BlenderBottle® that
it ceased offering for sale in the U.S. the infringing products including the MyProtein Shaker I.
29. Despite BlenderBottle®’s letters and Defendant The Hut Group Limited’s
representation in 2015, Defendants have continued to sell the infringing Myprotein Shaker
Bottles.
30. BlenderBottle® is informed and believes, and based thereon alleges that
Defendants have intended to blatantly copy BlenderBottle®’s proprietary designs, and pass off
their goods as BlenderBottle®’s high quality products to misappropriate the immense goodwill
that BlenderBottle® has spent enormous time, effort, and expense to cultivate in the
marketplace. Defendants’ use of the Bottle Trade Dress and Agitator Trade Dress in commerce
is likely to cause confusion, cause mistake, and to deceive as to an affiliation, connection, or
association of Defendants and/or their products with BlenderBottle®, when there is none.
31. Defendants’ acts complained of herein have caused BlenderBottle® to suffer
irreparable injury to its business. BlenderBottle® will continue to suffer substantial loss and
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irreparable injury unless and until Defendants are enjoined from their wrongful actions
complained of herein.
32. BlenderBottle® is informed and believes, and on that basis alleges, that
Defendants’ acts complained of herein are willful and deliberate.
FIRST CLAIM FOR RELIEF

(Patent Infringement)
(35 U.S.C. § 271)
33. BlenderBottle® repeats and re-alleges the allegations of paragraphs 1-32 of this
Complaint as if set forth fully herein.
34. This is a claim for patent infringement under 35 U.S.C. § 271.
35. Defendants, through their agents, employees and/or servants have knowingly,
intentionally, and willfully infringed the ’032 Patent either literally or under the doctrine of
equivalents, through, for example, the manufacture, use, sale, offer for sale, and/or importation
into the United States of, at least, Defendants’ Myprotein Shaker Bottle I and Myprotein Shaker
Bottle IV.
36. For example, the Myprotein Shaker Bottle I and Myprotein Shaker Bottle IV
infringed at least Claim 15 of the ’032 Patent as shown in the claim chart attached hereto as
Exhibit 5.
37. Defendants, through their agents, employees and/or servants have knowingly,
intentionally, and willfully infringed the D235 Patent by making, using, selling, offering for sale,
and/or importing products, including the Myprotein Shaker Bottles that have designs that
infringed the D235 Patent. For example, the side-by-side visual comparison of BlenderBottle®’s
patented design and Defendants’ Myprotein Shaker Bottles shown below establishes that in the
eye of the ordinary observer, giving such attention as a purchaser usually gives, the design of
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Defendants’ Myprotein Shaker Bottles are substantially the same as the claimed design of the
D235 Patent, because the resemblance is such as to deceive such an observer inducing him to
purchase one supposing it to the be the other. As a result, Defendants infringed the D235 Patent.
U.S. Design Patent No. D510,235
Infringing Myprotein Shaker Bottles:
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38. BlenderBottle® is informed and believes, and thereon alleges that Defendants
knew of the ’032 Patent and D235 Patent at least as early as 2015, when BlenderBottle® sent a
cease and desist letter to Defendant The Hut Group Limited notifying Defendant The Hut Group
Limited of the ’032 Patent and D235 Patent.
39. As a direct and proximate result of Defendants’ acts of infringement, Defendants
have derived and received gains, profits, and advantages in an amount that is not presently
known to BlenderBottle®.
40. Pursuant to 35 U.S.C. § 284, BlenderBottle® is entitled to damages for
Defendants’ infringing acts and treble damages together with interests and costs as fixed by this
Court.
41. Pursuant to 35 U.S.C. § 285, BlenderBottle® is entitled to reasonable attorneys’
fees for the necessity of bringing this claim in this exceptional case.
42. Pursuant to 35 U.S.C. § 289, BlenderBottle® is entitled to Defendants’ total
profits from Defendants’ infringement of the D235 Patent.
SECOND CLAIM FOR RELIEF

(Trade Dress Infringement)
(15 .U.S.C. § 1125(a))
44. This is a claim for trade dress infringement under 15 U.S.C. § 1125(a).
45. Subsequent to BlenderBottle®’s use and adoption of the Bottle Trade Dress, and
the development of secondary meaning in that trade dress, Defendants have developed,
manufactured, imported, advertised, and/or sold products, including the Myprotein Shaker
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Bottles, that use trade dress that is confusingly similar to the Bottle Trade Dress. Examples of
Defendants’ infringing use of the Bottle Trade Dress is shown below:
Bottle Trade Dress:
Infringing Bottles:
46. Subsequent to BlenderBottle®’s use and adoption of the Agitator Trade Dress,
and the development of secondary meaning in that trade dress, Defendants have developed,
manufactured, imported, advertised, and/or sold products with agitators, including the agitators
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for the Myprotein Shaker Bottle I and Myprotein Shaker Bottle IV, that use trade dress that is
confusingly similar to the Agitator Trade Dress. An example of Defendants’ infringing use of
the Agitator Trade Dress is shown below:
Agitator Trade Dress:
Infringing Agitators:
Myprotein Shaker Bottle I Agitator Myprotein Shaker Bottle IV Agitator
47. Defendants’ use of the Bottle Trade Dress and Agitator Trade Dress in connection
with its products is likely to cause confusion, or to cause mistake, or to deceive as to the
affiliation, connection, or association of Defendants with BlenderBottle®.
48. BlenderBottle® is informed and believes, and based thereon alleges, that
Defendants infringed BlenderBottle®’s trade dress rights with the intent to unfairly compete
with BlenderBottle®, to trade upon BlenderBottle®’s reputation and goodwill by causing
confusion and mistake among customers and the public, and to deceive the public into believing
that Defendants’ products are associated with, sponsored by, originated from, or are approved by
BlenderBottle®, when they are not, resulting in a loss of reputation in, and mischaracterization
of, BlenderBottle®’s products and its brand, damaging its marketability and saleability.
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49. Defendants’ activities constitute willful and intentional infringement of
BlenderBottle®’s trade dress rights in total disregard of BlenderBottle®’s proprietary rights, and
were done despite Defendants’ knowledge that use of the Bottle Trade Dress and Agitator Trade
Dress was, and is, in direct contravention of BlenderBottle®’s rights.
50. BlenderBottle® is informed and believes, and thereon alleges, that Defendants
have derived and received, and will continue to derive and receive, gains, profits, and advantages
from Defendants’ trade dress infringement in an amount that is not presently known to
BlenderBottle®. By reason of Defendants’ actions, constituting trade dress infringement,
BlenderBottle® has been damaged and is entitled to monetary relief in an amount to be
determined at trial.
51. Pursuant to 15 U.S.C. § 1117, BlenderBottle® is entitled to recover (1)
Defendants’ profits, (2) any damages sustained by BlenderBottle®, and (3) the costs of the
action. In assessing damages, the Court may enter judgment up to three times actual damages,
and in awarding profits, the Court may in its discretion enter judgment for such sum as the court
shall find to be just, according to the circumstances of the case. The Court may also award
BlenderBottle® its reasonable attorneys’ fees for the necessity of bringing this claim in this
exceptional case.
52. Due to Defendants’ actions, constituting trade dress infringement, BlenderBottle®
has suffered great and irreparable injury, for which BlenderBottle® has no adequate remedy at
law.
53. Defendants will continue to infringe BlenderBottle®’s trade dress rights to the
great and irreparable injury of BlenderBottle®, unless and until Defendants are enjoined by this
Court.
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THIRD CLAIM FOR RELIEF

(False Designation of Origin, Passing Off, & Federal Unfair Competition)
(15 .S.C. § 1125(a))
55. This is a claim for unfair competition and false designation of origin arising under
15 U.S.C. § 1125(a).
56. Defendants’ use of the Bottle Trade Dress and Agitator Trade Dress, without
BlenderBottle®’s consent, constitutes false designation of origin, false or misleading description
of fact, or false or misleading representation of fact, which is likely to cause confusion, or to
cause mistake, or to deceive as to the affiliation, connection, or association of such entity with
another entity, or as to the origin, sponsorship, or approval of their goods or commercial
activities by another entity in violation of 15 U.S.C. § 1125(a).
57. Defendants’ use of the Bottle Trade Dress and Agitator Trade Dress, without
BlenderBottle®’s consent, constitutes a false designation of origin, false or misleading
description of fact, or false or misleading representation of fact, which in commercial advertising
or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of their
products or commercial activities in violation of 15 U.S.C. § 1125(a).
58. BlenderBottle® is informed and believes, and based thereon alleges that
Defendants’ acts of false designation of origin, passing off, and unfair competition have been
willful and without regard to BlenderBottle®’s rights.
59. Pursuant to 15 U.S.C. § 1117, BlenderBottle® is entitled to recover (1)
Defendants’ profits, (2) any damages sustained by BlenderBottle®, and (3) the costs of the
action. In assessing damages, the Court may enter judgment up to three times actual damages,
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and in awarding profits, the Court may in its discretion enter judgment for such sum as the Court
finds to be just, according to the circumstances of the case. The Court may also award
BlenderBottle® its reasonable attorneys’ fees for the necessity of bringing this claim in this
exceptional case.
60. BlenderBottle® has been damaged by Defendants’ conduct in an amount to be
determined at trial.
61. Due to Defendants’ actions, constituting false designation of origin, false or
misleading statements, false or misleading description of fact, false or misleading representations
of fact, passing off, and unfair competition, BlenderBottle® has suffered and continues to suffer
great and irreparable injury, for which BlenderBottle® has no adequate remedy at law.
62. Defendants will continue their false designation of origin, false or misleading
statements, false or misleading description of fact, false or misleading representations of fact,
passing off, and unfair competition, unless and until Defendants are enjoined by this Court.
FOURTH CLAIM FOR RELIEF

(Statutory Unfair Competition)
(Utah Code Ann. § 13-5a-101 et seq.)
63. BlenderBottle® hereby repeats, realleges, and incorporates by reference
paragraphs 1-62 of this Complaint as though fully set forth herein.
64. This is a claim for unfair competition, arising under Utah Code Ann. § 13-5a-101,
et seq.
65. Defendants’ unlawful and intentional business acts, complained of herein,
including acts of trade dress infringement, false designation of origin, passing off, and federal
unfair competition, caused a material diminution in value of BlenderBottle®’s intellectual
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property and an infringement of BlenderBottle®’s trade dress and therefore constitutes unfair
competition with BlenderBottle® under Utah Code Ann. § 13-5a-101, et seq.
66. Defendants, by their actions, have irreparably injured BlenderBottle®. Such
irreparable injury will continue unless Defendants are preliminarily and permanently enjoined by
this Court from further violation of BlenderBottle®’s rights, for which BlenderBottle® has no
adequate remedy at law.
FIFTH CLAIM FOR RELIEF

(Unfair Competition)
(Utah Common Law)
68. This is a claim for unfair competition under Utah common law.
69. Defendants have and continue to willfully and intentionally pass off their products
as products of BlenderBottle®.
70. Defendants’ acts of trade dress infringement, false designation of origin, passing
off, and federal unfair competition complained of herein constitute trade dress infringement and
unfair competition under Utah common law.
71. By virtue of the acts complained of herein, Defendants have willfully and
intentionally caused a likelihood of confusion among the purchasing public in this Judicial
District and elsewhere, thereby unfairly competing with BlenderBottle® in violation of the
common law of the State of Utah.
72. Defendants’ aforementioned acts have damaged BlenderBottle® in an amount to
be determined at trial.
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73. Defendants, by their actions, have irreparably injured BlenderBottle®. Such
irreparable injury will continue unless Defendants are preliminarily and permanently enjoined by
this Court from further violation of BlenderBottle®’s rights, for which BlenderBottle® has no
adequate remedy at law.
PRAYER FOR RELIEF
WHEREFORE, BlenderBottle® prays for judgment in its favor against Defendants for
the following relief;
A. An Order adjudging each Defendant to have willfully infringed the Asserted

Patents under 35 U.S.C. § 271;
B. That each Defendant account for all gains, profits, and advantages derived
through Defendants’ infringement of the D235 Patent in violation of 35 U.S.C. § 271, and that
each Defendant, jointly and severally, pay to BlenderBottle® all damages suffered by
BlenderBottle® and/or Defendants’ total profits from such infringement pursuant to 35 U.S.C.
§§ 284 and 289;
C. That the Court find for BlenderBottle® and against each Defendant on
BlenderBottle®’s claim of trade dress infringement, false designation of origin, passing off, and
unfair competition under Utah Code Ann. § 13-5a-101 et seq. and Utah common law;
D. That the Court issue a preliminary and permanent injunction against each
Defendant, its agents, servants, employees, representatives, successors, and assigns, and all
persons, firms, or corporations in active concert or activities and from assisting or inducing,
directly or indirectly, others to engage in the following activities:
1. manufacturing, importing, marketing, displaying, distributing, offering to
sell, and/or selling Defendants’ products infringing the Bottle Trade Dress,
Agitator Trade Dress, or any products that are not colorably different
therefrom;
2. using BlenderBottle®’s Bottle Trade Dress, Agitator Trade Dress, or any
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other trade dress that is confusingly similar to BlenderBottle®’s Bottle
Trade Dress and/or Agitator Trade Dress;
3. falsely designating the origin of Defendants’ products;
4. passing off Defendants’ products as those of BlenderBottle®;
5. misrepresenting by any means whatsoever, directly or indirectly, the source
or sponsorship of any of Defendants’ products;
6. unfairly competing with BlenderBottle® in any manner whatsoever; and
7. causing a likelihood of confusion or injuries to BlenderBottle®’s business
reputation.
E. That an accounting be ordered to determine each Defendant’s profits resulting
from its trade dress infringement, false designation or origin, passing off, and unfair competition;
F. That BlenderBottle® be awarded monetary relief in an amount to be fixed by the
Court in its discretion as it finds just as an equitable remedy and as a remedy under 15 U.S.C. §
1117, including all damages sustained by BlenderBottle® as a result of each Defendant’s acts of
trade dress infringement, false designation of origin, passing off, and unfair competition, all
profits received by each Defendant from sales and revenues of any kind made as a result of its
infringing actions, and the costs of this action. That such award of BlenderBottle® of damages
and profits be trebled pursuant to 15 U.S.C. § 1117;

G. An Order adjudging that this is an exceptional case under 15 U.S.C. § 1117 and/or
35 U.S.C. § 285;
H. An Order that Defendants’ infringement is willful and a trebling of damages
and/or exemplary or punitive damages because of each Defendant’s willful conduct pursuant to
35 U.S.C. § 284 and/or Utah Code Ann. § 13-5a-103;
I. An award to BlenderBottle® of the attorneys’ fees, expenses, and costs incurred
by BlenderBottle® in connection with this action pursuant to 35 U.S.C. § 285, 15 U.S.C. § 1117
and/or Utah Code Ann. § 13-5a-103;

J. An award of pre-judgment and post-judgment interest and costs of this action
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against Defendants; and,
K. Such other and further relief as this Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff Sundesa, LLC, d/b/a The BlenderBottle Company hereby demands a trial by jury
on all issues so triable.
Respectfully submitted,
DURHAM JONES & PINEGAR, PC
Dated: November 10, 2020 By: /s/ Adam B. Beckstrom

Adam B. Beckstrom
KNOBBE, MARTENS, OLSON & BEAR, LLP
Paul A. Stewart
Ali S. Razai
Nicole R. Townes
Attorneys for Plaintiff

SUNDESA, LLC d/b/a BLENDERBOTTLE COMPANY
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Case 2:20-cv-00803-DBP Document 2-1 Filed 11/12/20 PageID.26 Page 1 of 10
Exhibit 1
USOO6379032B1
(12) United States Patent (10) Patent No.: US 6,379,032 B1

Sorensen (45) Date of Patent: *Apr. 30, 2002
(54) FLOW-THROUGH AGITATOR 4,640,623 A 2/1987 Tornell ....................... 336/342

4,641,974 A 2/1987 Church ....................... 366/342
(76) Inventor: Steve Sorensen, 1953 N. 690 East, 4,668.442 A * 5/1987 Lang
Orem, UT (US) 84097 4928,857 A 5/1990 Ecker ......................... 222/211
s D331,793 S : 12/1992 Erwes
-- -
) Notice: This patent issued on a continued pros 5,236.262 A 8/1993 Espey ........................ 366/130
(*) via application filed under 37 R Y/ -- Y-2
A : 1. RVigo et al. ....... 366/130
al
1.53(d), and is subject to the twenty year 5,725,500 A 3/1998 Micheler ..................... 604/82
patent term provisions of 35 U.S.C. 5,788,369 A 8/1998 Tseng ......................... 366/130
154(a)(2). 5,829,648 A 11/1998 Goeren et al. ........... 222/321.7
Subject to any disclaimer, the term of this FOREIGN PATENT DOCUMENTS
patent is extended or adjusted under 35 CA 2 181504 * 2/1997
U.S.C. 154(b) by 0 days. DE 19530 267 C1 * 8/1995
EP O 761302 A1 * 3/1997
(21) Appl. No.: 09/507,124 SU 1576.191 A 7/1990 ................. 366/342
SU 1680290 A1 9/1991 ................. 366/342
(22) Filed: Feb. 18, 2000 SU 1692634 A1 11/1991 ................. 366/342
(51) Int. Cl. ................................................. B01F 13/00 * cited by examiner
(52) U.S. Cl. ........................................ " ","
58) Field of Search .......................... 36/342, 343, 336,
Primary Examiner Tony G. Sooh
rimary Examiner-lony O. Soonoo.
(58) 36/129, 130, 348, 349, 605, 607, 241; 206/220, (74) Attorney, Agent, or Firm Kirton & McConkie;
219.65DiG 526. DiG 530, 26DiG.72 Michael F. Krieger
57 ABSTRACT
(56) References Cited (57)
U.S. PATENT DOCUMENTS
The present invention relates to apparatus and methods for
improved mixing of powder and liquid mixtures through the
1,060,419 4/1913 Benjamin use of flow-through agitator apparatus. The apparatus of
2,198.861 4/1940 Chamberlain et al. preferred embodiments of the present invention comprises a
2,258,174 10/1941 Chawner wire-frame object with interstitial spaces which allow flow
3.290,017 12/1966 Davies et al. ............... 259/114 of liquids and powders into and out of the interior of the
3.429,654 2/1969 Friedrichsen wire-frame object. Some embodiments further comprise and
3,758,087 9/1973 Hoon, Jr. interior agitator placed within the wire-frame object which
D232.238 7/1974 La Borde
3,823,924 7/1974 Hoon, Jr. may be a Solid shape or another wire-frame object.
3,924.807 12/1975 Morgan
4,136,976 1/1979 Leffelman ................... 366/336 23 Claims, 3 Drawing Sheets
U.S. Patent Apr. 30, 2002 Sheet 1 of 3 US 6,379,032 B1
FG, FG, 2
FIG, 3 FG, 4.
FIG, 6
84
74a
FIG. 7
US 6,379,032 B1
1 2
FLOW-THROUGH AGITATOR the top, middle and bottom of a container while being easily
removed from the container for ease of cleaning or for
THE FIELD OF THE INVENTION Subsequent use in another container.
The present invention relates to physically independent SUMMARY AND OBJECTS OF THE
agitators used for mixing liquids, Solid/liquid Suspensions INVENTION
and powdered Solids within containers. More particularly,
the present invention relates to agitators for mixing powders The present invention relates to improved apparatus and
with liquids to create a well dispersed, Substantially homo methods for agitation of liquid/powder mixtures during the
geneous Suspension. mixing process. The apparatus of Some embodiments of the
present invention comprises an object with a wire-frame
BACKGROUND shape through which liquids and fine-grained Solids may
Agitators are commonly used in aerosol paint cans to mix pass. The wire-frame object may be constructed of a variety
the pigment with the Suspension fluid. Many designs exist of materials including wound metal wire, molded plastic
which are tailored to optimize mixing action and to agitate 15
materials or almost any other material that will Substantially
hard to reach areas of the paint containers. Various shapes of retain its shape after repeated impact with a container.
agitators exist which disperse paint pigment throughout a The Shape of the agitator object may also vary widely
Suspension medium. Multi-pronged agitators, Spherical including, but not limited to, cubes, Spheres, ellipsoids,
agitators, multi-faceted hemispherical agitators and disc pyramids, polyhedrons, cylinders and others. However, the
shaped agitators with conical projections exist for agitation shape must be formed by a wire frame that allows flow of
of pigment particles in paint containers. These agitators are material through and around the object. The flow of material
typically Sealed within an aerosol paint container and acti whether liquid or powder, through the object creates turbu
Vated by Shaking the container. Movement of the agitators lent eddy currents within and around the object that break up
induced by Shaking the container displaces and disperses the aggregations of material and disperse particles throughout
pigment particles into Suspension. This is necessary because 25 the Suspension medium.
the pigment particles Settle to the bottom of the container Agitation is improved in Some embodiments of the
when the paint has rested in a Stationary position for a present invention by the use of one or more additional
Significant period of time. Due to this specific pigment interior objects placed inside a wire-frame object. These
dispersion application, these agitators are specifically interior objects may be Solid or may also be wire-frame
designed for dispersion of an agglomeration of particles at objects. The additional motion of the interior object inside
the bottom of a container. These agitators are most often the primary object creates further turbulence and dispersion
discarded in the paint container in which they are used. which more quickly and effectively mixes the solids with the
Consequently, these agitators do not perform optimally for liquid Suspension medium. Impacts of objects within the
dispersion of powders which typically float at the top of a primary wire-frame object also serve to break up Smaller
Suspension liquid before mixing. They are also generally 35 clumps in the mixture.
Small in size with complex Surfaces making them easy to Because the agitation objects are free to move throughout
lose and difficult to clean in preparation for repeated use. In the mixing container, they are able to reach aggregations of
addition, the Small size and heavy weight result in a Small powder at any level in the mixture and create greater
croSS-Section to Screen or disperse powders. turbulence. Initially, powders will accumulate at the Surface
Agitators also exist for powdered food Supplements that 40 of the liquid medium and form large clumps. Stationary
are added to and mixed with liquids. Baby formulas and mixing fins and protrusions are largely ineffective at dis
nutritional Supplements often require an agitation or disper persing these clumps and Simple shaking without agitators
Sion device for optimal mixing and dispersion. Often dis frequently causes clumps to become more dense and difficult
persing elements are attached to Specific containers for to ultimately disperse into an acceptable particle size. The
mixing of contents placed therein. These attached or fixed 45 physically-dependent agitator objects of the present
agitators may have a Semi-permanent connection to a con invention, however, may be directed toward the Surface
tainer or may be manufactured integrally with a given accumulations by tilting the top of the container outward and
container. However, these attached elements often create effectuating a spinning action on the container to move the
cracks and crevices which are difficult to clean. agitators through the accumulations and break them into
Furthermore, attached devices often do not allow Sufficient 50 Smaller and Smaller masses. After the large clumps have
movement of the dispersing element for optimal mixing. been dispersed, Smaller aggregations may still be present in
Another disadvantage of known fixed dispersing elements is the mixture. These are typically well dispersed throughout
their inability to be transferred between commonly-used the medium and found at every level of the mixture. At this
containers. point in the mixing process, the wire-frame agitators may be
Powdered compositions for mixing with liquids Such as 55 directed throughout the mixture by random oscillation of the
dietary Supplements, drink mixes, baby formulas and others container or by direction to Specific areas that require further
are often difficult to mix into a Smooth, homogeneous mixing.
Suspension. The powdered composition often clumps form Powder/liquid mixtures are often Susceptible to aeration
ing aggregations of powder Surrounded by a thick layer of during mixing as Simple Shaking entraps air in the container
paste that inhibits liquid from penetrating into the clump. 60 under waves at the Surface of the liquid causing bubbles to
These clumps may float, sink to the bottom of the container be entrained in the liquid. This may be acceptable for Some
or remain suspended at Some level in the fluid. Powder may mixtures, but can be extremely undesirable for others. For
also Stick to the Sides or bottom of a container and resist example, baby formulas, if entrained with air often cause
mixing by Simple shaking. In most cases, an agitator is excessive burping and discomfort for the child consuming
necessary for complete dispersion of clumps and aggrega 65 the formula. The agitator objects of some embodiments of
tions on the container walls. No Single, known agitation the present invention are physically independent of the
element is effective at reaching clumps and aggregation at container allowing a user to keep them immersed in the
US 6,379,032 B1
3 4
liquid while rotating the container gently. This gentle rotat the figures herein, could be arranged and designed in a wide
ing action causes the objects to roll or tumble around the variety of different configurations. Thus, the following more
container thereby dispersing the Solids in the Suspension detailed description of the embodiments of the system and
without causing air to be entrained in the liquid. This reduces apparatus of the present invention, as represented in FIGS.
frothing and the consumption of unnecessary air by the 1 through 7, is not intended to limit the scope of the
consumer of the mixture. invention, as claimed, but it is merely representative of the
In addition, the rotation of the agitator causes a mixing presently preferred embodiments of the invention.
turbulence or Screening effect which aids in mixing. Because The currently preferred embodiments of the present
the liquid passes through the rotating agitator, a chopping invention will be best understood by reference to the
action is created which breaks up chunks better than a Solid drawings, wherein like parts are designated by like numerals
agitator. The agitator within an agitator embodiment throughout.
increases the chopping action. AS Some of the breaking up In reference to FIG. 1, an embodiment of the present
of constituents occurs as the agitator collides with the walls invention is shown wherein an agitator object 2 is formed of
of the container, the collisions between the agitator within an wire-frame elements 4 that are arranged to form a defined
agitator embodiment also increase the breaking up action. 15 shape. In this exemplary embodiment the shape is a Sphere,
The relatively large size of the agitator not only increases however, nearly any shape that can be formed of wire-frame
Surface area for collisions, but also prevents Swallowing of elements, narrow rod-like elements or Substantially perfo
the agitator when the liquid is consumed. The Size of the rated Surfaces will prove adequate.
agitator or number can be altered to fit the container. Small In the context of this disclosure, the term "wire-frame’
containers will necessitate Small agitators. shall refer to narrow, Solid elements which may be combined
Accordingly, it is an object of Some embodiments of the to form a shape having an interior Space within. “Wire
present invention to provide apparatus and methods for frame” may also refer to a solid surface which has been
improved mixing of powders and liquids. Substantially perforated Such that only slender portions of
It is another object of Some embodiments of the present the Solid Surface remain between holes or voids in the
25
invention to provide apparatus and methods for better reduc Surface.
ing and dispersing clumps in mixtures. Between the wire-frame elements 4 are voids or intersti
BRIEF DESCRIPTION OF THE DRAWINGS
tial Spaces 6 through which Small and fine-grained Solids and
liquids may pass. Shapes, Such as the Spherical shape shown
In order that the manner in which the above-recited and in FIG.1 may be constructed of wire-frame elements which
other advantages and objects of the invention are obtained, represent longitudinal and latitudinal circles or other curves
a more particular description of the invention briefly or lines found on the Surface of a particular shape. Wire
described above will be rendered by reference to specific frame elements may be separate elements welded or other
embodiments thereof which are illustrated in the appended wise bonded together to form a shape or may be parts of a
drawings. Understanding that these drawings depict only 35 Single Structure Such as, but not limited to, a Single molded
typical embodiments of the invention and are not therefore plastic article.
to be considered to be limiting of its Scope, the invention will Wire-frame elements may also take the form of a Single
be described and explained with additional Specificity and coiled wire-like element, as shown in FIG. 2, where a single
detail through the use of the accompanying drawings in wire element 12 is wound in a spiral pattern to form a
which: 40 spherically shaped object 10. Object 10 has voids 14
FIG. 1 is a perspective view of a spherical, wire-frame between successive winds of element 12 through which
agitator apparatus of the present invention; Solids and liquids may pass. The Spiral wind of this embodi
FIG. 2 is a perspective View of a spherical, coiled, ment of the present invention works advantageously to allow
wire-frame agitator apparatus of the present invention; Substantial elastic deformation of the Spherical shape. This
FIG.3 is a perspective view of an agitator apparatus of the 45 deformation causes adjacent portions of the Spiral element to
present invention with a polyhedral, grid-pattern, wire frame move relative to each other creating a crushing action which
interior agitator; breaks up aggregations of powder which may Stick thereto
FIG. 4 is a perspective View of a spherical, coiled, or become lodged there between. Contact between adjacent
wire-frame agitator apparatus of the present invention with portions of the Spiral element 12 and contact with container
an interior coiled spherical agitator; 50 Surfaces also causes Standing vibrations of Spiral element 12
which dissipate into the Surrounding liquid inducing vibra
FIG. 5 is a perspective view of a cylindrical, wire-frame tion of the liquid and associated dispersion of particles
agitator apparatus of the present invention with interior therein.
agitators in a container; Wire-frame elements may be composed of many
FIG. 6 is a perspective View of a spherical, coiled, 55 materials, however low-corrosion metals and plastics are
wire-frame agitator apparatus of the present invention with preferable because of their elastic deformation characteris
a Solid interior agitator; and tics and their resistance to corrosion. Of these materials,
FIG. 7 is perspective view of a container with an agitator hard plastics and Stainless Steels are most preferable.
of the present invention shown in various positions in a Another embodiment of the present invention, depicted in
chain of movement. 60 FIG. 3 employs an interior agitator 24 placed in the interior
DETAILED DESCRIPTION OF THE Space of a primary agitator object 20. In the particular
PREFERRED EMBODIMENTS embodiment shown in FIG. 3, interior agitator 24 is a
wire-frame object Similar to primary agitator 20, but Smaller
The figures listed above are expressly incorporated as part in size. Interior agitator 24 is preferably about half the size
of this detailed description. 65 of primary agitator 20 to allow Significant motion of interior
It will be readily understood that the components of the agitator 24 within primary agitator 20. However, Smaller
present invention, as generally described and illustrated in sizes of interior agitators are also effective and multiple
US 6,379,032 B1
S 6
interior agitators may also improve dispersion. Use of an the powder is not immediate. Shaking will cause limited
interior agitator 24 increases contact between wire-frame break up of pile 78, but typically creates clumps and
elements creating a crushing or grinding action which breaks aggregations 80 which are difficult to disperse. Some pow
up aggregations of powder. This grinding action is especially derS may also form bottom-adhered aggregations 82 at the
helpful in dispersing Smaller aggregations of powder that bottom of container 70 or side-adhered aggregations 84 on
become immersed in the liquid portion of the mixture. the sides of container 70.
Grinding action is further enhanced when the interior agi Agitator 74 may be moved throughout container 70 by
tator has protrusions which may enter the interstitial Spaces Simple shaking, rotation, circular motions or other oscilla
in the primary agitator. This can be achieved when an tions or random movement. Agitator 74 can be easily
interior agitator 24 takes th=/shape of a dodecahedron or
other polyhedron with protruding pyramidal shapes. Interior directed to a specific location within container 70 by a
agitators with bumps or other Short protrusions may also be combination of tipping and circular movement of container
used. This configuration allows interior agitator 24 to pro 70 thereby causing centrifugal forces to propel agitator 74 to
trude into the interstitial Spaces in primary agitator 20 and a desired location. After a few Seconds of practice one can
push powder aggregations out into the mixture. direct agitator 74 to any location in container 70 where
Interior agitators 32 may also be used in Spiral wound
15 powder may accumulate.
embodiments 30 as shown in FIG. 4 where a spherical spiral Movement of agitator 74 through pile 78 and aggregations
wound primary agitator 30 contains an interior Spherical 80, 82 and 84 initially helps to quickly disperse pile 78 and
wound agitator 32. Deformation of the spiral wound primary aggregations 80, 82 and 84 into Smaller accumulations or
agitator 30 around the smaller interior agitator 32 also aggregations 80 which are quickly dispersed throughout
increases grinding action and turbulent flow of liquid which liquid 76. Subsequent movement and rotation will cause
accelerates dispersion of particles throughout the liquid agitator 74 to contact and impact aggregations 80 and further
portion of the mixture. Interior agitators may also be con disperse them into basic particles. This is achieved very
Structed of a material with higher density or mass than their efficiently by embodiments of the present invention which
primary agitators to cause an acceleration differential 25
directly impact aggregations 80, pinch and grind aggrega
between the two agitators that induces relative motion and tions 80 between adjacent wire-frame elements, grind
liquid currents within and around the agitators. This induced between agitator 74 and container 70, and disperse through
motion and current further accelerates particle dispersion induced currents formed in liquid 76 from movement of
within the mixture and promotes a homogeneous mixture. parts of agitator 74.
In reference to FIG. 5, a further embodiment of the Agitator 74 may be activated by Shaking whereby agitator
present invention comprises a compound agitator 40 with a 74 will be propelled along a random path similar to that
Substantially cylindrical primary wire-frame agitator 42 hav shown in FIG. 7, where agitator 74a begins at a position at
ing a plurality of interior agitators 44. Primary cylindrical the bottom right side of container 70 after which it is
agitator 42 takes the shape of a round cylinder which may propelled to the left to position 74b where agitator 74
have flat or chamfered ends or may have rounded ends 46, 35 impacts the Side wall of container 70 causing elastic defor
as shown in FIG. 5, to better contact the comers of a specific mation of primary agitator 83 upon impact and relative
container. Rounded ends 46 may have a specific radius that movement between primary agitator 83 and interior agitator
matches the radius of rounded comers at the top or bottom 85. Relative movement between primary and interior agita
of a container. Interior agitators 44 may be spherical or may tors creates high Velocity turbulence and eddy currents
be polyhedral with pyramidal projections to facilitate dis 40 within primary agitator 83 which break up nearby aggrega
persion and prevent fouling of the interstitial Spaces of the tions 80 and disperse particles throughout the liquid/powder
primary agitator. Other shapes including Spheroids and mixture. Vibration of agitator elements induced by the
irregular shapes may also be effective. The round croSS impact also transfer high-frequency energy into liquid 76
Sectional shape of primary cylindrical agitator 42 promotes helping to disperse particles evenly.
a rolling motion of primary agitator 42 when the container 45 After impact agitator 74 bounces off container 70 and
is moved in a horizontal circular motion. This causes pri accelerates toward position 74d where the acceleration fur
mary agitator 42 to roll around the interior Surface of the ther induces mixing currents in liquid 76. At position 74d
container thereby crushing large aggregations of powder another impact occurs again breaking up accumulations and
while the rolling action induces turbulent currents in the aggregations 80 as with the first impact. Agitator 74 may
liquid which promote homogeneous dispersion of particles. 50 then bounce to position 74e near the top of container 70
Vibration induced by contact of wire-frame elements 48 where it may contact any remaining portions of pile 78 and
with container surfaces 50 and interior agitators 44 and the disperse them into liquid 76.
establishment of Standing vibratory waves in wire-frame Circular motions of container 70 can be used to cause
elements 48 further induces dispersion of particles within agitator 74 to roll around the interior of container 70 thereby
the mixture. 55 inducing a grinding action on the walls of container 70. This
Solid interior agitators may also be used in conjunction action helps to disperse side-adhered aggregations 84 that
with Spiral wound primary agitators as depicted in FIG. 6 may be present. Rolling can also induce a steady Vibration
where a compound agitator 60 comprises a primary Spiral of agitator 74 as wire-frame elements 83 contact container
wound agitator 62 with an interior Solid spherical agitator 64 70. These vibrations dissipate into liquid 76 and promote
placed therein. 60 dispersion of particles and erosion of aggregations 80.
The use of an embodiment of the present invention may In some embodiments of the present invention, lid 72 may
be shown in reference to FIG. 7 where a container 70 with have a drinking orifice therein through which a user may
a removable lid 72 is shown with a compound agitator 74 drink the mixture that has been mixed in container 70. A user
therein. Liquid 76 is placed in container 70 followed by an may drink directly from container 70 through an orifice in lid
amount of powder which initially forms a pile 78 on the top 65 72 or may use a straw or other device to drink therefrom.
surface of liquid 76. Because pile 78 has a limited surface However, in preferred embodiments, an orifice in lid 72 will
area in contact with liquid 76, dissolution and dispersion of be configured So as to retain agitators within container 70
US 6,379,032 B1
7 8
and prevent ingestion of agitators. Typically, this configu 14. The agitator of claim 6, wherein Said interior agitator
ration may be achieved through the use of orifices that are is a Solid object with protrusions that may project into Said
Smaller than the agitators used in the containers. Voids during mixing action.
The physical independence of the agitators of the present 15. A mixer for mixing a composition of ingredients
invention allows them to access any area or level of the 5 comprising:
container where powder may aggregate. Physical indepen a hand-held, Shakeable container for holding a liquid/
dence also allows the agitators to be removed for cleaning or powder mixture;
reuse in another container. Agitators may be left in the a lid removably coupled to said hand-held shakeable
container during use or easily removed with a fork or similar container, wherein Said lid Serves to allow Said mixer to
device. form a completely enclosed mixing area when Said lid
is coupled to Said hand-held, Shakeable container, and
The present invention may be embodied in other specific a physically independent agitator object removably
forms without departing from its Spirit or essential charac placed within Said hand-held, Shakeable container, Said
teristics. The described embodiments are to be considered in physically independent agitator object being free from
all respects only as illustrated and not restrictive. The Scope 15 any Structural connection to Said hand-held, Shakeable
of the invention is, therefore, indicated by the appended container and having narrow rod-like elements defining
claims rather than by the foregoing description. All changes a shape with interstitial Spaces between Said elements
which come within the meaning and range of equivalency of and a hollow interior Space within Said shape,
the claims are to be embraced within their Scope. wherein liquids, powders, and various other Said com
I claim: positions of ingredients may be mixed by flowing
1. A physically independent agitator for mixing a com into and out of Said hollow interior Space of Said
position of ingredients, Said agitator comprising: physically independent agitator object as Said physi
an object insertable within a hand-held, Shakeable con cally independent agitator is allowed to move freely
tainer and composed of a framework having a h low to every location within Said enclosed mixing area,
interior wherein Said framework is arranged to provide 25 restricted only by the boundaries making up Said
voids to allow for flow of liquids, powders, and other enclosed mixing area.
materials into and out of Said ho low interior of Said 16. The mixer as set forth in claim 15, further comprising
object; and an interior agitator located within Said hollow interior Space
an interior agitator located wit in Said hollow interior. of Said physically independent agitator object to provide
2. The agitator as Set forth in claim 1, wherein Said interior further mixing capabilities of Said mixer.
agitator is Smaller than Said object. 17. The mixer as set forth in claim 15, wherein said lid
3. The agitator as Set forth in claim 2, wherein Said interior comprises a hole for dispensing the liquid/powder mixture
agitator is less than one half the size of Said object. and Said hole is Smaller than Said agitator object Such that
4. The agitator as Set forth in claim 1, wherein Said interior Said agitator object will not pass through Said hole.
agitator has a higher density than Said object. 35 18. A method for mixing a composition of ingredients,
5. The agitator as set forth in claim 1 wherein said interior Said method comprising:
agitator has a Solid shape. placing a composition of ingredients into a hand-held,
6. A physically independent agitator for mixing a com Shakeable container;
position of ingredients in a hand-held, Shakeable Container, placing a physically independent agitator into Said hand
the agitator comprising: 40 held, Shakeable container,
an object insertable within an interior of Said hand-held, Said physically independent agitator object being free
Shakeable container and composed of a framework of any Structural connection to Said hand-held,
having a hollow interior wherein Said framework is Shakeable container, Said physically independent
arranged o provide Voids to allow for flow of liquids, agitator comprising an object having a framework
powders, and various other said compositions of mate 45 with a plurality of Significant Voids therein;
rials into and out of said hollow interior of aid object; Securing a removable lid to Said hand-held, Shakeable
an interior agitator having a wire-frame Spheroid frame container, wherein Said lid Serves to allow Said hand
work contained within said hollow of said object, aid held, Shakeable container to form a completely
interior agitator also physically independent of Said enclosed mixing area when Said lid is coupled to Said
object. 50 hand-held, Shakeable container; and
7. The agitator as set forth in claim 6, wherein the shape Shaking Said container in a manner that propels Said
of Said object promotes a rolling motion of Said object agitator through said composition of ingredients,
around Said interior of Said hand-held, Shakeable container. wherein Said composition of ingredients flows into and
8. The agitator as set forth in claim 6, wherein the shape Out of Said Voids thereby mixing Said composition of
of Said object is spherical. 55 ingredients and forming a Substantially homogeneous
9. The agitator as set forth in claim 6, wherein the shape mixture as Said physically independent agitator is
of Said object is polyhedral. allowed to move freely to every location within said
10. The agitator as set forth in claim 6, wherein said enclosed mixing area, restricted only by the boundaries
framework of Said object forms a spiral coil. making up said enclosed mixing area.
11. The agitator as set forth in claim 6, wherein said 60 19. A method for mixing as set forth in claim 18, where
framework of Said object and Said interior agitator deflects Said composition of ingredients is a powder mixed with
elastically upon impact thereby promoting break up of another powder.
clumps and dispersion of particles therein. 20. A method for mixing as set forth in claim 18, where
12. The agitator of claim 6, wherein Said interior agitator Said composition of ingredients is a liquid mixed with a
is an object with a Solid Surface. 65 powder.
13. The agitator of claim 6, wherein Said interior agitator 21. A method for mixing as set forth in claim 18, where
is a Solid sphere. Said ingredient is a liquid and is mixed with a liquid.
US 6,379,032 B1
10
22. A physically independent agitator for mixing a com being free of any Structural connection to Said hand
position of ingredients in a container, the agitator compris held, Shakeable container and having a framework
ing: comprising narrow rod-like elements defining a shape
an object composed of a framework having a hollow with interstitial Spaces between Said elements and a
interior wherein Said framework is arranged to provide hollow interior Space within Said shape,
Voids to allow for flow of liquids, powders, and various wherein liquids, powders, and various other Said com
other Said compositions of materials into and out of positions of ingredients may be mixed by flowing
said hollow interior of said object; and into and out of Said hollow interior Space of Said
physically independent agitator object as Said physi
an interior agitator comprising a wire-frame Spheroid. 1O cally independent agitator object is allowed to move
23. A mixing apparatus comprising: freely within Said enclosed mixing area, restricted
a physically independent agitator object removably and only by the boundaries making up Said enclosed
interchangeably placed within a variety of hand-held, mixing area.
Shakeable containers having an enclosed mixing area
therein, Said physically independent agitator object
Exhibit 2
USOOD510235S
(12) United States Design Patent (10) Patent No.: US D510,235 S

Sorensen (45) Date of Patent: :- Oct. 4, 2005
(54) BOTTLE D233,116 S * 10/1974 Swett et al. .............. D7/300.1
5,088.614 A 2/1992 Dumestre ................... 220/713
(76) Inventor: Steven M. Sorensen, 1953 N. 690 E., D330,862 S : 11/1992 Shibley et al............. D10/46.2
Orem, UT (US) 84097 D382,968 S * 8/1997 Giles et al. ................ D24/197
s D461,420 S 8/2002 Kerman .................... D10/46.2
(**) Term: 14 Years D497,431 S : 10/2004 Bentley ..................... D24/197
* cited by examiner
(21) Appl. No. 29/189,095
Primary Examiner M. N. Pandozzi
(22) Filed: Sep. 9, 2003 (74) Attorney, Agent, or Firm-Kirton & McConkie;
(51) LOC (8) Cl. .................................................... 07-01 Michael F. Krieger
(52) U.S. Cl. .................. D7/510; D7/511; D7/900 (57) CLAIM
(58) Field of Search ............................... D7/300.1, 510,
D7/511,392.1, 391,396.2,900; D10/46.2; The ornamental design for a bottle, as shown and described.
D24/197; D9/500, 547, 503, 504,515, DESCRIPTION
523, 525, 530, 537, 449, 444, 556, 559,
502; 215/114, 11.1, 257, 6, 321; 220/709, FIG. 1 is a perspective view of the bottle showing the present
711, 703, 592.17,592.16, 713,568, 254.3, design;
792, 4.03, 670, 259.1 FIG. 2 is a left sideView thereof;
FIG. 3 is a front view thereof;
(56) References Cited FIG. 4 is a rear view thereof;
FIG. 5 is a right side view thereof;
U.S. PATENT DOCUMENTS FIG. 6 is a top plan view thereof; and,
2,752.971 A * 7/1956 Tupper ...................... 220,403 FIG. 7 is a bottom plan view thereof.
2,754.866 A * 7/1956 Coltman ...... ... 220/254.3
3,820,692 A * 6/1974 Swett et al. ................ 222/547 1 Claim, 4 Drawing Sheets
U.S. Patent Oct. 4, 2005 Sheet 1 of 4 US D510,235 S

Fig. 2 Fig. 3

U.S. Patent Oct. 4, 2005 Sheet 4 of 4

Exhibit 3
2040 Main St., 14th Fl., Irvine, CA 92614

T (949) 760-0404
James Smith
James.Smith@knobbe.com
February 5, 2020
VIA EMAIL AND FEDERAL EXPRESS
(reception@thg.com)
Matthew Moulding
CEO
The Hut.com Limited d/b/a Myprotein
5th Floor, Voyager House Chicago Avenue, Manchester Airport,

Manchester, England, M90 3DQ
632 N 2000 W #110

Lindon, Utah 84042
Re: BlenderBottle®’s Intellectual Property Rights

Our Ref.: BBCOM.031IS
Mr. Moulding:
We represent Runway Blue, LLC and its exclusive licensee, Sundesa, LLC d/b/a BlenderBottle®
Company, (collectively, “BlenderBottle®”) in connection with certain of its intellectual property
matters.
BlenderBottle® revolutionized the way supplements are mixed and consumed. Through the
tireless efforts of its designers and engineers over nearly two decades, BlenderBottle® has pioneered
innovative technology and path-breaking designs to create premium products that help simplify everyday
life. Available in more than 90 countries worldwide and in over 60,000 retail locations,
BlenderBottle®’s shaker bottles have become the go-to products for outdoor enthusiasts, gym goers,
serious protein drinkers and more. Products embodying BlenderBottle®’s proprietary designs and
technology have been lauded by consumers and the media, including Good Morning America, Reader’s
Digest, Self, the Today Show, Men’s Fitness, and others.
Myprotein’s Patent Infringement

BlenderBottle® protects its substantial investment in innovation and design from imitators with
its intellectual property rights, including U.S. Patent No. 6,379,032 (“the ’032 patent”) and U.S Design
Patent No. D510,235 (“the D235 patent”) (collectively the “BlenderBottle® Patents”). It has come to our
attention that Myprotein is infringing the BlenderBottle® Patents, each of which is enclosed for your
review.
Under 35 U.S.C. § 271, any entity that, without permission, makes, uses, sells, offers to sell, or
imports into the United States a product covered by any claim of a BlenderBottle® patent infringes
Page 2
BlenderBottle®’s patent rights. BlenderBottle® takes infringement of its patent rights very seriously. As
shown in the table below, Myprotein’s shaker bottles infringe the D235 patent.
Myprotein’s Shaker Bottle U.S. Design Patent No. D510,235
The Federal Circuit has held that a design patent is infringed if the accused product looks
substantially similar, in light of the existing prior art, to the patented design in the eyes of an ordinary
observer. Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 682-83 (Fed. Cir. 2008). As can be seen
in the side-by-side comparison of a representative figure from BlenderBottle®’s D235 patent and the
photograph of Myprotein’s shaker bottle, it is evident that the lid on the Myprotein shaker bottle is
“substantially similar” to BlenderBottle®’s patented design and, thus, infringes.
Further, Myprotein’s shaker bottles infringe at least claim 15 of BlenderBottle®’s ’032 patent.
Myprotein’s Trade Dress Infringement
The design of BlenderBottle®’s shaker bottles shown below revolutionized the industry and has
become uniquely associated with BlenderBottle® and serves as BlenderBottle®’s trade dress. An
example of BlenderBottle®’s Bottle Trade Dress and Agitator Trade Dress and the infringing trade dress
are shown below:
Page 3
Bottle Trade Dress and Agitator Trade Dress Infringing Bottle and Agitator
Myprotein’s shaker bottles use a trade dress that is confusingly similar to the Bottle Trade Dress.
Further, the agitator Myprotein provides with its shaker bottle products infringes the Agitator Trade
Dress. This is likely to cause confusion, mistake, or deception as to the affiliation, connection, or
association of these products with BlenderBottle®.
BlenderBottle® has an important duty to its customers and the public to protect the integrity of
its brand and to ensure that customers and the public are not mistakenly confused as to the source of
goods or services provided under its trade dress. Myprotein’s use of the Bottle Trade Dress and Agitator
Trade Dress will confuse consumers into believing that Myprotein is affiliated, connected, or sponsored
by BlenderBottle®, when it is not. Myprotein’s infringing use of BlenderBottle®’s trade dress rights will
continue to confuse the relevant public and severely damage BlenderBottle®’s hard-earned reputation
and goodwill.
BlenderBottle®’s Demands
BlenderBottle® demands that Myprotein immediately stop any further infringement of
BlenderBottle®’s patent and trade dress rights and that Myprotein pay BlenderBottle® any and all
damages in accordance with 35 U.S.C. §§ 284 and 289 and 15 U.S.C. § 1117 that are sufficient to
compensate BlenderBottle® for its losses. In order to determine the amount of these damages, we further
demand that you account to us for all sale and distribution of the infringing products, including the
number of promotional units Myprotein has given away. Any further sales of the infringing products will
constitute additional evidence of willful infringement.
We request that you provide this information and confirm within two weeks of the date of this
letter that you will fully comply with BlenderBottle®’s demands to cease infringing. Otherwise, we will
Page 4
advise our client to file a complaint for patent and trade dress infringement in a United States District
Court.
Nothing in this letter shall be construed to constitute an express or implied waiver of any rights
or remedies that BlenderBottle® may have or hereafter obtain in connection with this matter, all of
which are hereby expressly reserved. In addition, this letter is not intended to be a complete recitation of
the facts or causes of action relating to this matter.
Sincerely,
James F. Smith
ENCLOSURES:
U.S Patent No. 6,379,032
U.S. Design Patent No. D510,235
31894771
USOO6379032B1
(12) United States Patent (10) Patent No.: US 6,379,032 B1

Sorensen (45) Date of Patent: *Apr. 30, 2002
(54) FLOW-THROUGH AGITATOR 4,640,623 A 2/1987 Tornell ....................... 336/342

4,641,974 A 2/1987 Church ....................... 366/342
(76) Inventor: Steve Sorensen, 1953 N. 690 East, 4,668.442 A * 5/1987 Lang
Orem, UT (US) 84097 4928,857 A 5/1990 Ecker ......................... 222/211
s D331,793 S : 12/1992 Erwes
-- -
) Notice: This patent issued on a continued pros 5,236.262 A 8/1993 Espey ........................ 366/130
(*) via application filed under 37 R Y/ -- Y-2
A : 1. RVigo et al. ....... 366/130
al
1.53(d), and is subject to the twenty year 5,725,500 A 3/1998 Micheler ..................... 604/82
patent term provisions of 35 U.S.C. 5,788,369 A 8/1998 Tseng ......................... 366/130
154(a)(2). 5,829,648 A 11/1998 Goeren et al. ........... 222/321.7
Subject to any disclaimer, the term of this FOREIGN PATENT DOCUMENTS
patent is extended or adjusted under 35 CA 2 181504 * 2/1997
U.S.C. 154(b) by 0 days. DE 19530 267 C1 * 8/1995
EP O 761302 A1 * 3/1997
(21) Appl. No.: 09/507,124 SU 1576.191 A 7/1990 ................. 366/342
SU 1680290 A1 9/1991 ................. 366/342
(22) Filed: Feb. 18, 2000 SU 1692634 A1 11/1991 ................. 366/342
(51) Int. Cl. ................................................. B01F 13/00 * cited by examiner
(52) U.S. Cl. ........................................ " ","
58) Field of Search .......................... 36/342, 343, 336,
Primary Examiner Tony G. Sooh
rimary Examiner-lony O. Soonoo.
(58) 36/129, 130, 348, 349, 605, 607, 241; 206/220, (74) Attorney, Agent, or Firm Kirton & McConkie;
219.65DiG 526. DiG 530, 26DiG.72 Michael F. Krieger
57 ABSTRACT
(56) References Cited (57)
U.S. PATENT DOCUMENTS
The present invention relates to apparatus and methods for
improved mixing of powder and liquid mixtures through the
1,060,419 4/1913 Benjamin use of flow-through agitator apparatus. The apparatus of
2,198.861 4/1940 Chamberlain et al. preferred embodiments of the present invention comprises a
2,258,174 10/1941 Chawner wire-frame object with interstitial spaces which allow flow
3.290,017 12/1966 Davies et al. ............... 259/114 of liquids and powders into and out of the interior of the
3.429,654 2/1969 Friedrichsen wire-frame object. Some embodiments further comprise and
3,758,087 9/1973 Hoon, Jr. interior agitator placed within the wire-frame object which
D232.238 7/1974 La Borde
3,823,924 7/1974 Hoon, Jr. may be a Solid shape or another wire-frame object.
3,924.807 12/1975 Morgan
4,136,976 1/1979 Leffelman ................... 366/336 23 Claims, 3 Drawing Sheets
FG, FG, 2
FIG, 3 FG, 4.
FIG, 6
84
74a
FIG. 7
US 6,379,032 B1
1 2
FLOW-THROUGH AGITATOR the top, middle and bottom of a container while being easily
removed from the container for ease of cleaning or for
THE FIELD OF THE INVENTION Subsequent use in another container.
The present invention relates to physically independent SUMMARY AND OBJECTS OF THE
agitators used for mixing liquids, Solid/liquid Suspensions INVENTION
and powdered Solids within containers. More particularly,
the present invention relates to agitators for mixing powders The present invention relates to improved apparatus and
with liquids to create a well dispersed, Substantially homo methods for agitation of liquid/powder mixtures during the
geneous Suspension. mixing process. The apparatus of Some embodiments of the
present invention comprises an object with a wire-frame
BACKGROUND shape through which liquids and fine-grained Solids may
Agitators are commonly used in aerosol paint cans to mix pass. The wire-frame object may be constructed of a variety
the pigment with the Suspension fluid. Many designs exist of materials including wound metal wire, molded plastic
which are tailored to optimize mixing action and to agitate 15
materials or almost any other material that will Substantially
hard to reach areas of the paint containers. Various shapes of retain its shape after repeated impact with a container.
agitators exist which disperse paint pigment throughout a The Shape of the agitator object may also vary widely
Suspension medium. Multi-pronged agitators, Spherical including, but not limited to, cubes, Spheres, ellipsoids,
agitators, multi-faceted hemispherical agitators and disc pyramids, polyhedrons, cylinders and others. However, the
shaped agitators with conical projections exist for agitation shape must be formed by a wire frame that allows flow of
of pigment particles in paint containers. These agitators are material through and around the object. The flow of material
typically Sealed within an aerosol paint container and acti whether liquid or powder, through the object creates turbu
Vated by Shaking the container. Movement of the agitators lent eddy currents within and around the object that break up
induced by Shaking the container displaces and disperses the aggregations of material and disperse particles throughout
pigment particles into Suspension. This is necessary because 25 the Suspension medium.
the pigment particles Settle to the bottom of the container Agitation is improved in Some embodiments of the
when the paint has rested in a Stationary position for a present invention by the use of one or more additional
Significant period of time. Due to this specific pigment interior objects placed inside a wire-frame object. These
dispersion application, these agitators are specifically interior objects may be Solid or may also be wire-frame
designed for dispersion of an agglomeration of particles at objects. The additional motion of the interior object inside
the bottom of a container. These agitators are most often the primary object creates further turbulence and dispersion
discarded in the paint container in which they are used. which more quickly and effectively mixes the solids with the
Consequently, these agitators do not perform optimally for liquid Suspension medium. Impacts of objects within the
dispersion of powders which typically float at the top of a primary wire-frame object also serve to break up Smaller
Suspension liquid before mixing. They are also generally 35 clumps in the mixture.
Small in size with complex Surfaces making them easy to Because the agitation objects are free to move throughout
lose and difficult to clean in preparation for repeated use. In the mixing container, they are able to reach aggregations of
addition, the Small size and heavy weight result in a Small powder at any level in the mixture and create greater
croSS-Section to Screen or disperse powders. turbulence. Initially, powders will accumulate at the Surface
Agitators also exist for powdered food Supplements that 40 of the liquid medium and form large clumps. Stationary
are added to and mixed with liquids. Baby formulas and mixing fins and protrusions are largely ineffective at dis
nutritional Supplements often require an agitation or disper persing these clumps and Simple shaking without agitators
Sion device for optimal mixing and dispersion. Often dis frequently causes clumps to become more dense and difficult
persing elements are attached to Specific containers for to ultimately disperse into an acceptable particle size. The
mixing of contents placed therein. These attached or fixed 45 physically-dependent agitator objects of the present
agitators may have a Semi-permanent connection to a con invention, however, may be directed toward the Surface
tainer or may be manufactured integrally with a given accumulations by tilting the top of the container outward and
container. However, these attached elements often create effectuating a spinning action on the container to move the
cracks and crevices which are difficult to clean. agitators through the accumulations and break them into
Furthermore, attached devices often do not allow Sufficient 50 Smaller and Smaller masses. After the large clumps have
movement of the dispersing element for optimal mixing. been dispersed, Smaller aggregations may still be present in
Another disadvantage of known fixed dispersing elements is the mixture. These are typically well dispersed throughout
their inability to be transferred between commonly-used the medium and found at every level of the mixture. At this
containers. point in the mixing process, the wire-frame agitators may be
Powdered compositions for mixing with liquids Such as 55 directed throughout the mixture by random oscillation of the
dietary Supplements, drink mixes, baby formulas and others container or by direction to Specific areas that require further
are often difficult to mix into a Smooth, homogeneous mixing.
Suspension. The powdered composition often clumps form Powder/liquid mixtures are often Susceptible to aeration
ing aggregations of powder Surrounded by a thick layer of during mixing as Simple Shaking entraps air in the container
paste that inhibits liquid from penetrating into the clump. 60 under waves at the Surface of the liquid causing bubbles to
These clumps may float, sink to the bottom of the container be entrained in the liquid. This may be acceptable for Some
or remain suspended at Some level in the fluid. Powder may mixtures, but can be extremely undesirable for others. For
also Stick to the Sides or bottom of a container and resist example, baby formulas, if entrained with air often cause
mixing by Simple shaking. In most cases, an agitator is excessive burping and discomfort for the child consuming
necessary for complete dispersion of clumps and aggrega 65 the formula. The agitator objects of some embodiments of
tions on the container walls. No Single, known agitation the present invention are physically independent of the
element is effective at reaching clumps and aggregation at container allowing a user to keep them immersed in the
US 6,379,032 B1
3 4
liquid while rotating the container gently. This gentle rotat the figures herein, could be arranged and designed in a wide
ing action causes the objects to roll or tumble around the variety of different configurations. Thus, the following more
container thereby dispersing the Solids in the Suspension detailed description of the embodiments of the system and
without causing air to be entrained in the liquid. This reduces apparatus of the present invention, as represented in FIGS.
frothing and the consumption of unnecessary air by the 1 through 7, is not intended to limit the scope of the
consumer of the mixture. invention, as claimed, but it is merely representative of the
In addition, the rotation of the agitator causes a mixing presently preferred embodiments of the invention.
turbulence or Screening effect which aids in mixing. Because The currently preferred embodiments of the present
the liquid passes through the rotating agitator, a chopping invention will be best understood by reference to the
action is created which breaks up chunks better than a Solid drawings, wherein like parts are designated by like numerals
agitator. The agitator within an agitator embodiment throughout.
increases the chopping action. AS Some of the breaking up In reference to FIG. 1, an embodiment of the present
of constituents occurs as the agitator collides with the walls invention is shown wherein an agitator object 2 is formed of
of the container, the collisions between the agitator within an wire-frame elements 4 that are arranged to form a defined
agitator embodiment also increase the breaking up action. 15 shape. In this exemplary embodiment the shape is a Sphere,
The relatively large size of the agitator not only increases however, nearly any shape that can be formed of wire-frame
Surface area for collisions, but also prevents Swallowing of elements, narrow rod-like elements or Substantially perfo
the agitator when the liquid is consumed. The Size of the rated Surfaces will prove adequate.
agitator or number can be altered to fit the container. Small In the context of this disclosure, the term "wire-frame’
containers will necessitate Small agitators. shall refer to narrow, Solid elements which may be combined
Accordingly, it is an object of Some embodiments of the to form a shape having an interior Space within. “Wire
present invention to provide apparatus and methods for frame” may also refer to a solid surface which has been
improved mixing of powders and liquids. Substantially perforated Such that only slender portions of
It is another object of Some embodiments of the present the Solid Surface remain between holes or voids in the
25
invention to provide apparatus and methods for better reduc Surface.
ing and dispersing clumps in mixtures. Between the wire-frame elements 4 are voids or intersti
BRIEF DESCRIPTION OF THE DRAWINGS
tial Spaces 6 through which Small and fine-grained Solids and
liquids may pass. Shapes, Such as the Spherical shape shown
In order that the manner in which the above-recited and in FIG.1 may be constructed of wire-frame elements which
other advantages and objects of the invention are obtained, represent longitudinal and latitudinal circles or other curves
a more particular description of the invention briefly or lines found on the Surface of a particular shape. Wire
described above will be rendered by reference to specific frame elements may be separate elements welded or other
embodiments thereof which are illustrated in the appended wise bonded together to form a shape or may be parts of a
drawings. Understanding that these drawings depict only 35 Single Structure Such as, but not limited to, a Single molded
typical embodiments of the invention and are not therefore plastic article.
to be considered to be limiting of its Scope, the invention will Wire-frame elements may also take the form of a Single
be described and explained with additional Specificity and coiled wire-like element, as shown in FIG. 2, where a single
detail through the use of the accompanying drawings in wire element 12 is wound in a spiral pattern to form a
which: 40 spherically shaped object 10. Object 10 has voids 14
FIG. 1 is a perspective view of a spherical, wire-frame between successive winds of element 12 through which
agitator apparatus of the present invention; Solids and liquids may pass. The Spiral wind of this embodi
FIG. 2 is a perspective View of a spherical, coiled, ment of the present invention works advantageously to allow
wire-frame agitator apparatus of the present invention; Substantial elastic deformation of the Spherical shape. This
FIG.3 is a perspective view of an agitator apparatus of the 45 deformation causes adjacent portions of the Spiral element to
present invention with a polyhedral, grid-pattern, wire frame move relative to each other creating a crushing action which
interior agitator; breaks up aggregations of powder which may Stick thereto
FIG. 4 is a perspective View of a spherical, coiled, or become lodged there between. Contact between adjacent
wire-frame agitator apparatus of the present invention with portions of the Spiral element 12 and contact with container
an interior coiled spherical agitator; 50 Surfaces also causes Standing vibrations of Spiral element 12
which dissipate into the Surrounding liquid inducing vibra
FIG. 5 is a perspective view of a cylindrical, wire-frame tion of the liquid and associated dispersion of particles
agitator apparatus of the present invention with interior therein.
agitators in a container; Wire-frame elements may be composed of many
FIG. 6 is a perspective View of a spherical, coiled, 55 materials, however low-corrosion metals and plastics are
wire-frame agitator apparatus of the present invention with preferable because of their elastic deformation characteris
a Solid interior agitator; and tics and their resistance to corrosion. Of these materials,
FIG. 7 is perspective view of a container with an agitator hard plastics and Stainless Steels are most preferable.
of the present invention shown in various positions in a Another embodiment of the present invention, depicted in
chain of movement. 60 FIG. 3 employs an interior agitator 24 placed in the interior
DETAILED DESCRIPTION OF THE Space of a primary agitator object 20. In the particular
PREFERRED EMBODIMENTS embodiment shown in FIG. 3, interior agitator 24 is a
wire-frame object Similar to primary agitator 20, but Smaller
The figures listed above are expressly incorporated as part in size. Interior agitator 24 is preferably about half the size
of this detailed description. 65 of primary agitator 20 to allow Significant motion of interior
It will be readily understood that the components of the agitator 24 within primary agitator 20. However, Smaller
present invention, as generally described and illustrated in sizes of interior agitators are also effective and multiple
US 6,379,032 B1
S 6
interior agitators may also improve dispersion. Use of an the powder is not immediate. Shaking will cause limited
interior agitator 24 increases contact between wire-frame break up of pile 78, but typically creates clumps and
elements creating a crushing or grinding action which breaks aggregations 80 which are difficult to disperse. Some pow
up aggregations of powder. This grinding action is especially derS may also form bottom-adhered aggregations 82 at the
helpful in dispersing Smaller aggregations of powder that bottom of container 70 or side-adhered aggregations 84 on
become immersed in the liquid portion of the mixture. the sides of container 70.
Grinding action is further enhanced when the interior agi Agitator 74 may be moved throughout container 70 by
tator has protrusions which may enter the interstitial Spaces Simple shaking, rotation, circular motions or other oscilla
in the primary agitator. This can be achieved when an tions or random movement. Agitator 74 can be easily
interior agitator 24 takes th=/shape of a dodecahedron or
other polyhedron with protruding pyramidal shapes. Interior directed to a specific location within container 70 by a
agitators with bumps or other Short protrusions may also be combination of tipping and circular movement of container
used. This configuration allows interior agitator 24 to pro 70 thereby causing centrifugal forces to propel agitator 74 to
trude into the interstitial Spaces in primary agitator 20 and a desired location. After a few Seconds of practice one can
push powder aggregations out into the mixture. direct agitator 74 to any location in container 70 where
Interior agitators 32 may also be used in Spiral wound
15 powder may accumulate.
embodiments 30 as shown in FIG. 4 where a spherical spiral Movement of agitator 74 through pile 78 and aggregations
wound primary agitator 30 contains an interior Spherical 80, 82 and 84 initially helps to quickly disperse pile 78 and
wound agitator 32. Deformation of the spiral wound primary aggregations 80, 82 and 84 into Smaller accumulations or
agitator 30 around the smaller interior agitator 32 also aggregations 80 which are quickly dispersed throughout
increases grinding action and turbulent flow of liquid which liquid 76. Subsequent movement and rotation will cause
accelerates dispersion of particles throughout the liquid agitator 74 to contact and impact aggregations 80 and further
portion of the mixture. Interior agitators may also be con disperse them into basic particles. This is achieved very
Structed of a material with higher density or mass than their efficiently by embodiments of the present invention which
primary agitators to cause an acceleration differential 25
directly impact aggregations 80, pinch and grind aggrega
between the two agitators that induces relative motion and tions 80 between adjacent wire-frame elements, grind
liquid currents within and around the agitators. This induced between agitator 74 and container 70, and disperse through
motion and current further accelerates particle dispersion induced currents formed in liquid 76 from movement of
within the mixture and promotes a homogeneous mixture. parts of agitator 74.
In reference to FIG. 5, a further embodiment of the Agitator 74 may be activated by Shaking whereby agitator
present invention comprises a compound agitator 40 with a 74 will be propelled along a random path similar to that
Substantially cylindrical primary wire-frame agitator 42 hav shown in FIG. 7, where agitator 74a begins at a position at
ing a plurality of interior agitators 44. Primary cylindrical the bottom right side of container 70 after which it is
agitator 42 takes the shape of a round cylinder which may propelled to the left to position 74b where agitator 74
have flat or chamfered ends or may have rounded ends 46, 35 impacts the Side wall of container 70 causing elastic defor
as shown in FIG. 5, to better contact the comers of a specific mation of primary agitator 83 upon impact and relative
container. Rounded ends 46 may have a specific radius that movement between primary agitator 83 and interior agitator
matches the radius of rounded comers at the top or bottom 85. Relative movement between primary and interior agita
of a container. Interior agitators 44 may be spherical or may tors creates high Velocity turbulence and eddy currents
be polyhedral with pyramidal projections to facilitate dis 40 within primary agitator 83 which break up nearby aggrega
persion and prevent fouling of the interstitial Spaces of the tions 80 and disperse particles throughout the liquid/powder
primary agitator. Other shapes including Spheroids and mixture. Vibration of agitator elements induced by the
irregular shapes may also be effective. The round croSS impact also transfer high-frequency energy into liquid 76
Sectional shape of primary cylindrical agitator 42 promotes helping to disperse particles evenly.
a rolling motion of primary agitator 42 when the container 45 After impact agitator 74 bounces off container 70 and
is moved in a horizontal circular motion. This causes pri accelerates toward position 74d where the acceleration fur
mary agitator 42 to roll around the interior Surface of the ther induces mixing currents in liquid 76. At position 74d
container thereby crushing large aggregations of powder another impact occurs again breaking up accumulations and
while the rolling action induces turbulent currents in the aggregations 80 as with the first impact. Agitator 74 may
liquid which promote homogeneous dispersion of particles. 50 then bounce to position 74e near the top of container 70
Vibration induced by contact of wire-frame elements 48 where it may contact any remaining portions of pile 78 and
with container surfaces 50 and interior agitators 44 and the disperse them into liquid 76.
establishment of Standing vibratory waves in wire-frame Circular motions of container 70 can be used to cause
elements 48 further induces dispersion of particles within agitator 74 to roll around the interior of container 70 thereby
the mixture. 55 inducing a grinding action on the walls of container 70. This
Solid interior agitators may also be used in conjunction action helps to disperse side-adhered aggregations 84 that
with Spiral wound primary agitators as depicted in FIG. 6 may be present. Rolling can also induce a steady Vibration
where a compound agitator 60 comprises a primary Spiral of agitator 74 as wire-frame elements 83 contact container
wound agitator 62 with an interior Solid spherical agitator 64 70. These vibrations dissipate into liquid 76 and promote
placed therein. 60 dispersion of particles and erosion of aggregations 80.
The use of an embodiment of the present invention may In some embodiments of the present invention, lid 72 may
be shown in reference to FIG. 7 where a container 70 with have a drinking orifice therein through which a user may
a removable lid 72 is shown with a compound agitator 74 drink the mixture that has been mixed in container 70. A user
therein. Liquid 76 is placed in container 70 followed by an may drink directly from container 70 through an orifice in lid
amount of powder which initially forms a pile 78 on the top 65 72 or may use a straw or other device to drink therefrom.
surface of liquid 76. Because pile 78 has a limited surface However, in preferred embodiments, an orifice in lid 72 will
area in contact with liquid 76, dissolution and dispersion of be configured So as to retain agitators within container 70
US 6,379,032 B1
7 8
and prevent ingestion of agitators. Typically, this configu 14. The agitator of claim 6, wherein Said interior agitator
ration may be achieved through the use of orifices that are is a Solid object with protrusions that may project into Said
Smaller than the agitators used in the containers. Voids during mixing action.
The physical independence of the agitators of the present 15. A mixer for mixing a composition of ingredients
invention allows them to access any area or level of the 5 comprising:
container where powder may aggregate. Physical indepen a hand-held, Shakeable container for holding a liquid/
dence also allows the agitators to be removed for cleaning or powder mixture;
reuse in another container. Agitators may be left in the a lid removably coupled to said hand-held shakeable
container during use or easily removed with a fork or similar container, wherein Said lid Serves to allow Said mixer to
device. form a completely enclosed mixing area when Said lid
is coupled to Said hand-held, Shakeable container, and
The present invention may be embodied in other specific a physically independent agitator object removably
forms without departing from its Spirit or essential charac placed within Said hand-held, Shakeable container, Said
teristics. The described embodiments are to be considered in physically independent agitator object being free from
all respects only as illustrated and not restrictive. The Scope 15 any Structural connection to Said hand-held, Shakeable
of the invention is, therefore, indicated by the appended container and having narrow rod-like elements defining
claims rather than by the foregoing description. All changes a shape with interstitial Spaces between Said elements
which come within the meaning and range of equivalency of and a hollow interior Space within Said shape,
the claims are to be embraced within their Scope. wherein liquids, powders, and various other Said com
I claim: positions of ingredients may be mixed by flowing
1. A physically independent agitator for mixing a com into and out of Said hollow interior Space of Said
position of ingredients, Said agitator comprising: physically independent agitator object as Said physi
an object insertable within a hand-held, Shakeable con cally independent agitator is allowed to move freely
tainer and composed of a framework having a h low to every location within Said enclosed mixing area,
interior wherein Said framework is arranged to provide 25 restricted only by the boundaries making up Said
voids to allow for flow of liquids, powders, and other enclosed mixing area.
materials into and out of Said ho low interior of Said 16. The mixer as set forth in claim 15, further comprising
object; and an interior agitator located within Said hollow interior Space
an interior agitator located wit in Said hollow interior. of Said physically independent agitator object to provide
2. The agitator as Set forth in claim 1, wherein Said interior further mixing capabilities of Said mixer.
agitator is Smaller than Said object. 17. The mixer as set forth in claim 15, wherein said lid
3. The agitator as Set forth in claim 2, wherein Said interior comprises a hole for dispensing the liquid/powder mixture
agitator is less than one half the size of Said object. and Said hole is Smaller than Said agitator object Such that
4. The agitator as Set forth in claim 1, wherein Said interior Said agitator object will not pass through Said hole.
agitator has a higher density than Said object. 35 18. A method for mixing a composition of ingredients,
5. The agitator as set forth in claim 1 wherein said interior Said method comprising:
agitator has a Solid shape. placing a composition of ingredients into a hand-held,
6. A physically independent agitator for mixing a com Shakeable container;
position of ingredients in a hand-held, Shakeable Container, placing a physically independent agitator into Said hand
the agitator comprising: 40 held, Shakeable container,
an object insertable within an interior of Said hand-held, Said physically independent agitator object being free
Shakeable container and composed of a framework of any Structural connection to Said hand-held,
having a hollow interior wherein Said framework is Shakeable container, Said physically independent
arranged o provide Voids to allow for flow of liquids, agitator comprising an object having a framework
powders, and various other said compositions of mate 45 with a plurality of Significant Voids therein;
rials into and out of said hollow interior of aid object; Securing a removable lid to Said hand-held, Shakeable
an interior agitator having a wire-frame Spheroid frame container, wherein Said lid Serves to allow Said hand
work contained within said hollow of said object, aid held, Shakeable container to form a completely
interior agitator also physically independent of Said enclosed mixing area when Said lid is coupled to Said
object. 50 hand-held, Shakeable container; and
7. The agitator as set forth in claim 6, wherein the shape Shaking Said container in a manner that propels Said
of Said object promotes a rolling motion of Said object agitator through said composition of ingredients,
around Said interior of Said hand-held, Shakeable container. wherein Said composition of ingredients flows into and
8. The agitator as set forth in claim 6, wherein the shape Out of Said Voids thereby mixing Said composition of
of Said object is spherical. 55 ingredients and forming a Substantially homogeneous
9. The agitator as set forth in claim 6, wherein the shape mixture as Said physically independent agitator is
of Said object is polyhedral. allowed to move freely to every location within said
10. The agitator as set forth in claim 6, wherein said enclosed mixing area, restricted only by the boundaries
framework of Said object forms a spiral coil. making up said enclosed mixing area.
11. The agitator as set forth in claim 6, wherein said 60 19. A method for mixing as set forth in claim 18, where
framework of Said object and Said interior agitator deflects Said composition of ingredients is a powder mixed with
elastically upon impact thereby promoting break up of another powder.
clumps and dispersion of particles therein. 20. A method for mixing as set forth in claim 18, where
12. The agitator of claim 6, wherein Said interior agitator Said composition of ingredients is a liquid mixed with a
is an object with a Solid Surface. 65 powder.
13. The agitator of claim 6, wherein Said interior agitator 21. A method for mixing as set forth in claim 18, where
is a Solid sphere. Said ingredient is a liquid and is mixed with a liquid.
US 6,379,032 B1
10
22. A physically independent agitator for mixing a com being free of any Structural connection to Said hand
position of ingredients in a container, the agitator compris held, Shakeable container and having a framework
ing: comprising narrow rod-like elements defining a shape
an object composed of a framework having a hollow with interstitial Spaces between Said elements and a
interior wherein Said framework is arranged to provide hollow interior Space within Said shape,
Voids to allow for flow of liquids, powders, and various wherein liquids, powders, and various other Said com
other Said compositions of materials into and out of positions of ingredients may be mixed by flowing
said hollow interior of said object; and into and out of Said hollow interior Space of Said
physically independent agitator object as Said physi
an interior agitator comprising a wire-frame Spheroid. 1O cally independent agitator object is allowed to move
23. A mixing apparatus comprising: freely within Said enclosed mixing area, restricted
a physically independent agitator object removably and only by the boundaries making up Said enclosed
interchangeably placed within a variety of hand-held, mixing area.
Shakeable containers having an enclosed mixing area
therein, Said physically independent agitator object
USOOD510235S
(12) United States Design Patent (10) Patent No.: US D510,235 S

Sorensen (45) Date of Patent: :- Oct. 4, 2005
(54) BOTTLE D233,116 S * 10/1974 Swett et al. .............. D7/300.1
5,088.614 A 2/1992 Dumestre ................... 220/713
(76) Inventor: Steven M. Sorensen, 1953 N. 690 E., D330,862 S : 11/1992 Shibley et al............. D10/46.2
Orem, UT (US) 84097 D382,968 S * 8/1997 Giles et al. ................ D24/197
s D461,420 S 8/2002 Kerman .................... D10/46.2
(**) Term: 14 Years D497,431 S : 10/2004 Bentley ..................... D24/197
* cited by examiner
(21) Appl. No. 29/189,095
Primary Examiner M. N. Pandozzi
(22) Filed: Sep. 9, 2003 (74) Attorney, Agent, or Firm-Kirton & McConkie;
(51) LOC (8) Cl. .................................................... 07-01 Michael F. Krieger
(52) U.S. Cl. .................. D7/510; D7/511; D7/900 (57) CLAIM
(58) Field of Search ............................... D7/300.1, 510,
D7/511,392.1, 391,396.2,900; D10/46.2; The ornamental design for a bottle, as shown and described.
D24/197; D9/500, 547, 503, 504,515, DESCRIPTION
523, 525, 530, 537, 449, 444, 556, 559,
502; 215/114, 11.1, 257, 6, 321; 220/709, FIG. 1 is a perspective view of the bottle showing the present
711, 703, 592.17,592.16, 713,568, 254.3, design;
792, 4.03, 670, 259.1 FIG. 2 is a left sideView thereof;
FIG. 3 is a front view thereof;
(56) References Cited FIG. 4 is a rear view thereof;
FIG. 5 is a right side view thereof;
U.S. PATENT DOCUMENTS FIG. 6 is a top plan view thereof; and,
2,752.971 A * 7/1956 Tupper ...................... 220,403 FIG. 7 is a bottom plan view thereof.
2,754.866 A * 7/1956 Coltman ...... ... 220/254.3
3,820,692 A * 6/1974 Swett et al. ................ 222/547 1 Claim, 4 Drawing Sheets

Fig. 2 Fig. 3

U.S. Patent Oct. 4, 2005 Sheet 4 of 4

Exhibit 4
From: James.Smith <James.Smith@knobbe.com>

Sent: Tuesday, April 7, 2020 11:38 AM
To: Jay, Michael; Ali.Razai
Cc: Evan.Powers; Nicole.Townes
Subject: RE: Correspondence re The Hut Group/Myprotein
Attachments: Myprotein- Starter Stack Image 1- 2017-11-14.JPG; Additional Infringing Products.pdf
Mike,
Thank you for your email. BlenderBottle appreciates Myprotein’s efforts towards settlement and is optimistic that the
parties can reach an amicable resolution.
The design depicted in BlenderBottle’s February letter includes the shaker bottle sold as part of MyProtein’s Starter
Stack: https://us.myprotein.com/sports‐nutrition‐nc/myprotein‐starter‐stack/10997812.html. Although this accused
design is no longer marketed on MyProtein’s website, we will need a full accounting of all sales and promotional
giveaways of this shaker bottle to remedy past infringement such as that shown in the attached screenshot. We trust
that Myprotein will be able to identify all model numbers and SKUs for this product.
As we were navigating the MyProtein website, we became aware of additional products that infringe BlenderBottle®’s IP
rights. We have identified the following infringing products: https://us.myprotein.com/protein‐accessories/metal‐
shaker/11429436.html; https://us.myprotein.com/sports‐nutrition/pro‐metal‐shaker/12454568.html. The preliminary
infringement analysis for these products is reflected in the attached pdf.
As previously stated, we look forward to receiving a full accounting of the sales and promotional giveaways of these
products. As there are additional products identified that require further research, please provide a full accounting by
April 15.
We look forward to hearing from you.
James
1
Exhibit 5
1
’032 Patent Claim Chart
United States Patent No. 6,379,032 Defendants’ Myprotein Defendants’ Myprotein

Claim 15 Shaker Bottle I Shaker Bottle IV
A mixer for mixing a composition of
ingredients comprising:
a hand-held, shakeable container for holding a

liquid/powder mixture;
a lid removably coupled to said hand-held

shakeable container, wherein said lid serves to
allow said mixer to form a completely
enclosed mixing area when said lid is coupled
to said hand-held, shakeable container; and
a physically independent agitator object

removably placed within said hand-held,
shakeable container, said physically
independent agitator object being free from
any structural connection to said hand-held,
shakeable container and
having narrow rod-like elements defining a

shape
2
United States Patent No. 6,379,032 Defendants’ Myprotein Defendants’ Myprotein

Claim 15 Shaker Bottle I Shaker Bottle IV
with interstitial spaces between said elements
and a hollow interior space within said shape,

wherein liquids, powders, and various other
said compositions of ingredients may be mixed
by flowing into and out of said hollow interior
space of said physically independent agitator
object as said physically independent agitator
is allowed to move freely to every location
within said enclosed mixing area, restricted
only by the boundaries making up said
enclosed mixing area.
3
JS 44 (Rev. 10/20) Case 2:20-cv-00803-DBP CIVIL
Document 2-6 Filed
COVER 11/12/20 PageID.66 Page 1 of 1
SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
THE HUT GROUP LIMITED d/b/a MYPROTEIN and
SUNDESA, LLC d/b/a BLENDER BOTTLE COMPANY,
THGPP LLC,
(b) County of Residence of First Listed Plaintiff Utah 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 B. Beckstrom; Durham Jones & Pinegar, PC

111 S. Main St., Ste 2400, SLC, UT (801) 415-3000
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 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
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 - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 271
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement
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)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
Nov 12, 2020 /s/ Adam B. Beckstrom
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Sundesa v. Hut Group - Complaint

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Case 2:20-cv-00803-DBP Document 2 Filed 11/12/20 PageID.

Paul A. Stewart (Pending Pro Hac Vice) Adam B. Beckstrom (14127)

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

SUNDESA, LLC d/b/a BLENDER BOTTLE Case No. 2:20-cv-00803-DBP

THE HUT GROUP LIMITED d/b/a JURY DEMANDED

Plaintiff Sundesa, LLC, d/b/a BlenderBottle Company (“BlenderBottle®”) hereby

“Defendants”) and alleges as follows:

JURISDICTION AND VENUE

nucleus of operative facts.

substantial part of the events or omissions giving rise to BlenderBottle®’s claims.

under 28 U.S.C. § 1391(c)(3) and 28 U.S.C. § 1400(b).

5. Plaintiff Sundesa, LLC doing business as the BlenderBottle Company is a limited

6. BlenderBottle® is informed and believes, and, based thereon, alleges that

England, M90 3DQ.

7. BlenderBottle® is informed and believes, and, based thereon, alleges that

of Defendant The Hut Group Limited.

8. BlenderBottle® revolutionized the way supplements are mixed and consumed.

BlenderBottle® has pioneered innovative technology and path-breaking designs to create

embodying BlenderBottle®’s proprietary designs and technology have been lauded by

Show, Men’s Fitness, and others.

9. BlenderBottle® protects its substantial investment in innovation and design from

imitators with its intellectual property rights.

correct copy of the D235 Patent is attached hereto as Exhibit 2.

BlenderBottle®’s Bottle Trade Dress is depicted below.

BlenderBottle®’s Agitator Trade Dress is depicted below.

define the shape of a sphere.

available alternatives are depicted in the table below:

“Contigo® LEAK- “BluePeak Shaker

Bottle Trade Dress is not a competitive necessity.

Dress can be found in numerous commercially available products. Several examples of

commercially available alternatives are depicted in the table below:

Agitator from “TOOFEEL Agitator from Agitator from “PUSHLIMITS

Agitator from “Rubbermaid® Agitator from “BOTTLED

Agitator from “MAINSTAYS Agitator from “UTOPIA

Agitator from “BluePeak Agitator from “BluePeak Agitator from “BluePeak

Trade Dress is not a competitive necessity.

BlenderBottle® as its corporate logo.

23. This logo is prominently displayed on BlenderBottle®’s website, its marketing

materials, and stamped on its products.

Trade Dress and Agitator Trade Dress.

property rights (collectively, the “Myprotein Shaker Bottles”):

Myprotein Myprotein Myprotein

Shaker Bottle I Shaker Bottle II Shaker Bottle III

Myprotein Myprotein Myprotein

Shaker Bottle IV Shaker Bottle V Shaker Bottle VI

Myprotein Myprotein Myprotein

Shaker Bottle VII Shaker Bottle VIII Shaker Bottle IX

Shaker Bottle X Shaker Bottle XI

copy of this email is attached as Exhibit 4.

is likely to cause confusion, cause mistake, and to deceive as to an affiliation, connection, or

31. Defendants’ acts complained of herein have caused BlenderBottle® to suffer

Defendants’ acts complained of herein are willful and deliberate.

FIRST CLAIM FOR RELIEF

Complaint as if set forth fully herein.

34. This is a claim for patent infringement under 35 U.S.C. § 271.

U.S. Design Patent No. D510,235

Infringing Myprotein Shaker Bottles:

Limited of the ’032 Patent and D235 Patent.

39. As a direct and proximate result of Defendants’ acts of infringement, Defendants

40. Pursuant to 35 U.S.C. § 284, BlenderBottle® is entitled to damages for

41. Pursuant to 35 U.S.C. § 285, BlenderBottle® is entitled to reasonable attorneys’

42. Pursuant to 35 U.S.C. § 289, BlenderBottle® is entitled to Defendants’ total

profits from Defendants’ infringement of the D235 Patent.