Case 2:18-cv-10568 Document 1 Filed 12/20/18 Page 1 of 14 Page ID #:1

1 VENABLE LLP
Sarah S. Brooks (SBN 266292)
2 ssbrooks@venable.com
2049 Century Park East, Suite 2300
3 Los Angeles, CA 90067
Telephone: (310) 229-9900
4 Facsimile: (310) 229-9901
5 VENABLE LLP
Frank M. Gasparo (Pro Hac Vice forthcoming)
6 fmgasparo@venable.com
1270 Avenue of the Americas, 24th Floor
7 New York, New York 10020
Telephone: (212) 307-5500
8 Facsimile: (212) 307-5598
9 Attorneys for Plaintiff
ACORN WEST LLC
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11 UNITED STATES DISTRICT COURT
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12 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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14 ACORN WEST LLC, a California Limited Case No. 2:18-cv-10568

Liability Company
15
Plaintiff,
16 COMPLAINT FOR PATENT
vs. INFRINGEMENT
17
BERKLEY INTERNATIONAL (NC),
18 LLC, a California Limited Liability JURY TRIAL DEMANDED
Company, BERKLEY INTERNATIONAL,
19 LLC, an Arizona Limited Liability
Company, and BERKLEY INDUSTRIES,
20 LLC, an Arkansas Limited Liability
Company,
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Defendants.
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COMPLAINT
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1 Plaintiff Acorn West LLC (“Acorn” or “Plaintiff”) through its undersigned

2 counsel, brings this action against Defendants Berkley International (NC), LLC,
3 Berkley International, LLC, and Berkley Industries, LLC (collectively,
4 “Defendants” or “Berkley”). In support of the Complaint, Acorn alleges as follows:
5 THE PARTIES
6 1. Plaintiff Acorn West LLC is a California limited liability company
7 having its principal place of business at 3686 E. Olympic Boulevard, Los Angeles,
8 CA 90023.
9 2. On information and belief, Defendant Berkley International (NC)
10 LLC is a California limited liability company having a principal place of business
11 at 2725 E El Presidio Street, Carson, California 90810.
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12 3. On information and belief, Defendant Berkley International LLC is an

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13 Arizona limited liability company with an address according to the California

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14 Secretary of State at 2725 E El Presidio Street, Carson, California 90810.

15 4. On information and belief, Defendant Berkley Industries LLC is an
16 Arkansas limited liability company having a principal place of business in
17 Bentonville, Arkansas.
18 JURISDICTION AND VENUE
19 5. This is an action for patent infringement in violation of the patent laws
20 of the United States, 35 U.S.C. § 271, et seq. This Court has exclusive subject
21 matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a).
22 6. This Court has personal jurisdiction over each of the Defendants.
23 Berkley International (NC) is formed within, and has conducted and does conduct
24 business within, the State of California. On information and belief, Berkley
25 Industries and Berkley International have conducted and do conduct business
26 within, the State of California. On information and belief, Defendants, directly (via
27 http://goberkley.com/ or http://moldedfiberpak.com) or through subsidiaries or
28 intermediaries, including distributors, retailers, and others, ships, distributes, offer
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COMPLAINT
 Case 2:18-cv-10568 Document 1 Filed 12/20/18 Page 3 of 14 Page ID #:3

1 for sale and sell their products in the United States, the State of California, and the
2 Central District of California. On information and belief, Defendants, directly and
3 through subsidiaries or intermediaries, including distributors, retailers and others,
4 have purposefully and voluntarily placed the Accused Product (as described
5 below) into the stream of commerce in the Central District of California.
6 Defendants have committed acts of patent infringement within the State of
7 California and, more particularly, within the Central District of California. In a
8 separate case, an attorney for the Defendants stipulated to a dismissal in the
9 Central District of California. See Timely Inventions, LLC v. Berkley International
10 NC, LLC, 2:17-cv-08173-AB-RAO (Dkt. No. 25).
11 7. Venue in this Judicial District is proper under 28 U.S.C. § 1391, given
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12 that a significant portion of the acts and transactions complained of herein were
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13 conceived, carried out, made effective, and had effect within the State of California
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14 and this Judicial District.

15 FACTUAL ALLEGATIONS
16 8. United States Patent No. 10,124,924 (“the ’924 Patent”) is titled
17 “BEVERAGE CONTAINER PACKAGING” and was issued by the United States
18 Patent and Trademark Office on November 13, 2018. A true and correct copy of
19 the ’924 Patent is attached as Exhibit A.
20 9. Acorn owns by assignment the entire right, title, and interest in and to
21 the ’924 Patent. As the owner of the entire right, title, and interest in and to the
22 ’924 Patent, Acorn possesses the right to sue and to recover for infringement of the
23 ’924 Patent.
24 10. On information and belief, the Defendants sell container packaging
25 products via at least http://goberkley.com/ and http://moldedfiberpak.com.
26 11. Contemporaneously herewith, Acorn has sent Defendants a cease and
27 desist letter enclosing this Complaint.
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COMPLAINT
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1 12. Defendants have infringed and continue to infringe one or more

2 claims of the ’924 Patent by engaging in acts that constitute infringement under 35
3 U.S.C. § 271 et seq.
4 13. Defendants have infringed and continue to infringe the ’924 Patent by
5 manufacturing, making, using, offering for sale, and/or selling within the United
6 States certain products which embody, or in combination embody, one or more
7 claims of the ’924 Patent.
8 14. On information and belief, Defendants have offered for sale and sold
9 container packaging products that meet all of the limitations of at least claim 1 of
10 the ’924 Patent. The following illustrates the Accused Product.
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COMPLAINT
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11 On information and belief, the Accused Product is sold by Defendants as shown
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12 below with red box added:

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COMPLAINT
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1 http://www.moldedfiberpak.com/why-molded.html. As such, Defendants are

2 infringing the ’924 Patent in violation of 35 U.S.C. § 271.
3 CLAIM FOR RELIEF
4 (Patent Infringement of U.S. Patent No. 10,124,924)
5 15. Acorn incorporates by reference the foregoing paragraphs of this
6 Complaint as if fully set forth herein.
7 16. On information and belief, Defendants, alone or by directing and
8 controlling others, have manufactured, used, imported, offered for sale, and/or sold
9 and continue to sell in this district and elsewhere in the United States, the Accused
10 Product which infringes at least claim 1 of the ’924 Patent, as identified below in
11 violation of 35 U.S.C. § 271.
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12 17. Claim 1 recites: “1. A beverage container packaging assembly

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13 comprising:” The Accused Product has this claim element as shown below.
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A beverage container packaging
25 assembly comprising:
26 18. Claim 1 further recites: “a bottom tray of molded paper pulp including
27 a plurality of cup-shaped elements, the cup-shaped elements configured to
28 accommodate a bottom portion of a beverage container, each cup-shaped element
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COMPLAINT
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1 including one or more deformable elements forming a cross shape.” The Accused
2 Product has this claim element as shown below.
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14 a bottom tray of including a plurality of each cup-shaped

molded paper pulp cup-shaped elements, element including
15 the cup-shaped one or more
elements configured to deformable elements
16 accommodate a bottom forming a cross
portion of a beverage shape
17 container,
18 19. Claim 1 further recites: “a center support of molded paper pulp
19 disposed between and in contact with the bottom tray and a top tray of molded
20 paper pulp, the center support not extending to an outer edge of the beverage
21 container packaging assembly, the center support including:” The Accused
22 Product has this claim element as shown below.
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COMPLAINT
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a center support of molded disposed between and in contact
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13 paper pulp with the bottom tray and a top tray

of molded paper pulp, the center
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14 support not extending to an outer

edge of the beverage container
15 packaging assembly, the center
support including:
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20. Claim 1 further recites, “a plurality of center support posts comprising
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at least one cross-shaped cavity.” The Accused Product has this claim element as
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shown below.
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COMPLAINT
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12 a plurality of center at least one cross-shaped

support posts comprising cavity
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14 21. Claim 1 further recites: “a plurality of beverage container support

15 cavities bounded by the center support posts, the support cavities configured to
16 surround at least a portion of the beverage container; and” The Accused Product
17 has this claim element as shown below.
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COMPLAINT
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a plurality of bounded by the the support cavities
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13 beverage container center support posts, configured to surround at

support cavities least a portion of the
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14 beverage container
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22. Claim 1 further recites: “the top tray of molded paper pulp including:”
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The Accused Product has this claim element as shown below.
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the top tray of molded
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COMPLAINT
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1 23. Claim 1 further recites: “a plurality of vertical members comprising at

2 least one deformable element; and.” The Accused Product has this claim element
3 as shown below.
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15 a plurality of vertical at least one deformable
16 members comprising element

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24. Claim 1 further recites: “a plurality of bottle neck accommodating
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spaces each bounded by the at least one deformable element, the bottle neck
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accommodating spaces each configured to accommodate a neck portion of the
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beverage container.” The Accused Product has this claim element as shown
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below.
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COMPLAINT
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19 a plurality of bottle the bottle neck each configured to
neck accommodating accommodating accommodate a neck
20 spaces each bounded spaces portion of the
by the at least one beverage container
21 deformable element
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25. Defendants obtained knowledge of the ’924 Patent at least as early as
23
the receipt of the cease and desist letter (and detailed allegations therein).
24
26. Notwithstanding this knowledge, Defendants have knowingly or with
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reckless disregard willfully infringed the ’924 Patent. Defendants have thus had
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actual notice of infringement of the ’924 Patent and acted despite an objectively
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COMPLAINT
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1 high likelihood that its actions constituted infringement of Acorn’s valid patent
2 rights.
3 27. This objective risk was either known or so obvious that it should have
4 been known to Defendants. Accordingly, Acorn seeks enhanced damages pursuant
5 to 35 U.S.C. § 284.
6 PRAYER FOR RELIEF
7 28. WHEREFORE, Plaintiff demands judgment against Defendants as
8 follows:
9 a. That it has jurisdiction of the parties and of the subject matter of this
10 action;
11 b. That the ’924 Patent is valid and owned by Plaintiff;
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12 c. That Defendants have committed acts of patent infringement by their

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13 manufacture, importation, use, offer for sale and/or sale of the

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14 Accused Product;
15 d. That Defendants’ infringement is willful;
16 e. That Defendants and all affiliates, subsidiaries, officers, employees,
17 agents, representatives, licensees, successors, assigns, and all those
18 acting in concert with, or for or on behalf of Defendants, be enjoined
19 from further infringing the ’924 Patent.
20 f. That Defendants be required by mandatory injunction to deliver up to
21 Plaintiff for destruction any and all of the Accused Product in
22 Defendants’ possession, custody or control, as well as any
23 promotional literature and packaging which display the Accused
24 Product;
25 g. That Plaintiff be awarded damages covered by the acts of patent
26 infringement of Defendants in an amount not less than a reasonable
27 royalty pursuant to 25 U.S.C. § 284 or in an amount equal to
28 Defendants’ profits pursuant to 35 U.S.C. § 289, whichever is greater
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COMPLAINT
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1 and that such damages be trebled in accordance with the provisions of

2 35 U.S.C. § 284;
3 h. That Defendants pay Plaintiff prejudgment interest on all infringement
4 damages;
5 i. That Plaintiff recover their costs in this action, including attorneys’
6 fees; and
7 j. That Plaintiff has such other or further relief as the Court may deem
8 just and proper.
9 JURY DEMAND
10 Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal
11 Rules of Civil Procedure.
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LOS ANG ELES, CA 900 67

DATED: December 20, 2018 VENABLE LLP

VENABLE LLP

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14 By: /s/ Sarah S. Brooks

15 Sarah S. Brooks
Attorneys for Plaintiff
16 ACORN WEST LLC
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COMPLAINT
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EXHIBIT A
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US010124924B2

( 12 ) Gilligan
Unitedet alStates
.
Patent (10) Patent No.: US 10 ,124,924 B2
(45) Date of Patent: Nov . 13, 2018
(54 ) BEVERAGE CONTAINER PACKAGING 21/04 (2013.01); B65D 81/ 133 ( 2013.01);
D21J 3 / 10 (2013 .01); D21J 7700 (2013 .01 )
(71 ) Applicant: Acorn West LLC , Los Angeles, CA (58 ) Field of Classification Search
(US ) CPC .......... B65D 1 / 34 ; B65D 1 / 30 ; B65D 5 / 5028 ;
B65D 81 / 3813 ; B65D 23/ 0885 ; B65D
(72 ) Inventors: John Gilligan , Santa Barbara , CA (US ); 81/ 133 ; B65D 81 /02 ; B65D 5 /50 ; B65D
Rick Gant, Napa , CA (US ); David 25 / 10
Weissberg, Century City , CA (US ); USPC ... 206 /433 , 427 , 436 , 139 – 203 , 561, 521 .3 ,
Ron Valtierra , Vacaville , CA (US); 206 /429 ; 220 /510 , 512 =516 , 529, 528,
Gord Heyting, Toronto (CA ); Chris 220 /556 , 628 , 630 , 632 ; 217 / 19
Russell , North Lincolnshire GB
( ) See application file for complete search history.
(73 ) Assignee: Acorn West LLC , Los Angeles , CA (56 ) References Cited
(US ) U .S. PATENT DOCUMENTS
( * ) Notice: Subject to any disclaimer, the term of this 2 ,003,134 A * 5/1935 Bowman ............. B65D 85211/ 305
patent is extended or adjusted under 35 / 74
U . S .C . 154 (b ) by 0 days . 2 ,050,143 A 8 /1936 White
(Continued )
(21) Appl. No.: 15 /671, 348
FOREIGN PATENT DOCUMENTS
(22) Filed : Aug. 8, 2017 GB 2328934 A 3 / 1999
(65 ) Prior Publication Data WO 2008058346 AL 5 /2008
WO 2011073406 A1 6 /2011
US 2018/0037359 A1 Feb . 8, 2018 Primary Examiner - Rafael Ortiz
(74 ) Attorney, Agent, or Firm — Venable LLP; Michele
Related U .S . Application Data V . Frank
(60 ) Provisional application No. 62 /372, 129, filed on Aug . (57 ) ABSTRACT
8 , 2016 .
A beverage container packaging assembly is disclosed . The
(51 ) Int. Cl. beverage container packaging assembly includes a bottom
B65D 65 / 00 ( 2006 .01 ) tray, center support, and a top tray . The bottom tray includes
B65D 75 / 00 ( 2006 .01) a plurality of cup -shaped elements each configured to
B65D 1 /34 ( 2006 .01) accommodate a bottom portion of a beverage container.
D21J 3 / 10 ( 2006 .01 ) Each cup - shaped element includes at least a first deformable
B65D 21/04 ( 2006 .01) element comprising one or more wide portions and one or
B650 130 (2006 . 01) more thin portions. The center support is disposed between
the bottom tray and the top tray . The top tray includes bottle
(Continued ) neck accommodating spaces each bounded by a set of
(52) U .S . CI. vertical posts.
CPC . .... .. ... ... .. B65D 1/ 34 ( 2013 .01) ; B650 1/30
(2013.01); B65D 5 /5028 (2013.01); B65D 20 Claims, 28 Drawing Sheets

- 100

110

- -- 130 - -- 740

EXHIBIT A, Page 14
 Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 3 of 39 Page ID #:17

US 10 ,Page
124 ,2924 B2

(51) Int. CI. 6 ,290,057 B1 * 9/2001 Hurley .............. B65D2065//203

503
D21 ) 7700 ( 2006 .01) 6 ,325 ,210 B1 * 12 /2001 Henry , Jr. ............. B65D 5 /503
B65D 81/ 133 ( 2006 .01) 206 /203
B65D 5 /50 (2006 .01) 6 ,702, 115 B1 3 / 2004 Roper
6 ,820 ,743 B2 11/2004 Hurley et al .
( 56 ) References Cited 6 ,910 ,582 B2 6 /2005 Lantz
7 ,017 , 746 B2 3 / 2006 Apps
U .S . PATENT DOCUMENTS 7 ,789 ,239 B2 9 /2010 Juliano
7 , 883 ,001 B2 2 /2011 Goodrich
2 , 189 ,410 A 2 / 1940 Stute 8 ,434 ,620 B2 5 /2013 Hall
2 ,222,572 A 11/ 1940 Reger 8 ,701,884 B2 4 /2014 Williams et al.
2 ,973 ,119 A 2 / 1961 Parker 8 ,844 ,718 B2 9 /2014 Hall
3 , 038 ,625 A 6 / 1962 Sinner et al. 8 ,887 , 916 B2 11/ 2014 Gilfert et al.
3 ,039,667 A 6 / 1962 Kozlik 2007/0138047 A1 6 /2007 Berglin
3 ,421,679 A 1/ 1969 Goldman 2008/0184674 AL 8 /2008 Hall et al.
3 ,930, 579 A 1 / 1976 Kurtz
2008/ 0302691 A1 * 12/ 2008 Olson ................ B65D 5 /48026
4 ,037 ,722 A 7 / 1977 Bremer 206 /427
4 ,793 ,548 A 12/ 1988 Ross
4 ,911, 300 A * 3 / 1990 Colonna .. ...... ... B65D 71/50 2010 /0326858 A1 12 /2010 Williams et al.
206 /427 2011/0024318 A1 2/ 2011 Gilfert
4 ,932,548 A 6 / 1990 Bensinger 2012 /0037529 A1 * 2 / 2012 Hall ................... B65D 5 /48038
5 , 071 ,026 A 12 / 1991 Apps 206 / 433
5 ,096 , 085 A 3 / 1992 Eek et al. 2013 /0213854 AL 8 /2013 Orgeldinger et al.
5 ,201,421 A 4 / 1993 Maier 2013 /0313145 A1 * 11/ 2013 Gilfert ................ B65D 81 / 113
5 ,215 , 195 A 6 / 1993 Williams 206 /433
5 , 335 ,770 A 8 / 1994 Baker et al. 2015 /0129447 A15 /2015 Tremblay
5 , 377 , 862 A 1/ 1995 Oakes et al. 2015 /02 10457 AL 7 /2015 DiMauro
5 ,427,222 A 6 / 1995 Miura et al . 2017 /0050757 A1* 2 /2017 Gray ........... B65D 5 /503
5 ,816 ,409 A 10 / 1998 Baker et al.
5 , 975 , 300 A 11/ 1999 Gale * cited by examiner

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U . S . Patent Nov . 13, 2018 Sheet 1 of 28 US 10 , 124, 924 B2

100

120

WWW

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130

FIG . 1

EXHIBIT A, Page 16
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U . S . Patent Nov . 13, 2018 Sheet 2 of 28 US 10 , 124,924 B2

134
132 130

150

150

112
140
...140

FIG . 2

EXHIBIT A, Page 17
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U . S . Patent Nov . 13, 2018 Sheet 3 of 28 US 10 , 124,924 B2

110 116 118

114

WW
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EXHIBIT A, Page 18
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U . S . Patent Nov . 13, 2018 Sheet 4 of 28 US 10 , 124,924 B2

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EXHIBIT A, Page 19
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U . S . Patent Nov . 13, 2018 Sheet 5 of 28 US 10 , 124,924 B2

-500
510
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EXHIBIT A, Page 20
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U . S . Patent Nov . 13, 2018 Sheet 6 of 28 US 10 , 124,924 B2

622 620 610 7600

632

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610
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EXHIBIT A, Page 21
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U . S . Patent Nov . 13, 2018 Sheet 7 of 28 US 10 , 124 ,924 B2

/
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EXHIBIT A, Page 22
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U . S . Patent Nov . 13, 2018 Sheet 8 of 28 US 10 , 124,924 B2

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EXHIBIT A, Page 23
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U . S . Patent Nov . 13, 2018 Sheet 9 of 28 US 10 , 124 ,924 B2

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EXHIBIT A, Page 24
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U . S . Patent Nov . 13 , 2018 Sheet 10 of 28 US 10 ,124 ,924 B2

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EXHIBIT A, Page 25
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U . S . Patent Nov . 13, 2018 Sheet 11 of 28 US 10 , 124,924 B2

1130

1110 ...1140

FIG . 11

EXHIBIT A, Page 26
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U . S . Patent Nov . 13 , 2018 Sheet 12 of 28 US 10 ,124 ,924 B2

1200

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EXHIBIT A, Page 27
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U . S . Patent Nov . 13, 2018 Sheet 13 of 28 US 10 ,124 ,924 B2

m .1300

FIG . 13

EXHIBIT A, Page 28
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U . S . Patent Nov . 13, 2018 Sheet 14 of 28 US 10 ,124 ,924 B2

m1400

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FIG . 14

EXHIBIT A, Page 29
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U . S . Patent Nov . 13, 2018 Sheet 15 of 28 US 10 ,124 ,924 B2

1532 1530

WWWXXXXXXXXX
XX

1540 01510

FIG . 15

EXHIBIT A, Page 30
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U . S . Patent Nov . 13, 2018 Sheet 16 of 28 US 10 ,124 ,924 B2

- 1600
1610 1620
16221610

FIG . 16

EXHIBIT A, Page 31
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U . S . Patent Nov . 13, 2018 Sheet 17 of 28 US 10 ,124 ,924 B2

1700
1710 1710 1770

1730

1760

1720
1740
1750

FIG . 17

EXHIBIT A, Page 32
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U . S . Patent Nov . 13, 2018 Sheet 18 of 28 US 10 , 124,924 B2

( 1800

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- 1820
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wowo 00

1830
1810
1840

FIG . 18

EXHIBIT A, Page 33
Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 22 of 39 Page ID #:36

U . S . Patent Nov . 13 , 2018 Sheet 19 of 28 US 10 , 124 ,924 B2

1936 1938

1934
TIT

HittiteHNE
1932 t**
88

1930
1910 1940
1912

FIG . 19

EXHIBIT A, Page 34
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U . S . Patent Nov . 13 , 2018 Sheet 20 of 28 US 10, 124,924 B2

2016
w

2014

2010
2012
2012

2012

FIG . 20

EXHIBIT A, Page 35
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U . S . Patent Nov . 13, 2018 Sheet 21 of 28 US 10 , 124,924 B2

21 2 210
2114
2113 12 10

FIG . 21

2116
221201 45
2FXF TEITIE
21 8
42126
2124
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212

EXHIBIT A, Page 36
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U . S . Patent Nov . 13 , 2018 Sheet 22 of 28 US 10 , 124,924 B2

2212

W X
9994

XXX

2210

FIG . 22

EXHIBIT A, Page 37
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U . S . Patent Nov . 13 , 2018 Sheet 23 of 28 US 10 ,124 ,924 B2

2318 2318

2326

XX
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2324
2324 XX X
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2316 2312 2313 2316

1 - 2314
FIG . 23

EXHIBIT A, Page 38
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U . S . Patent Nov . 13 , 2018 Sheet 24 of 28 US 10 ,124 ,924 B2

09

2416
X

2412 - 2413 .. 2414

FIG . 24

EXHIBIT A, Page 39
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U . S . Patent Nov . 13 , 2018 Sheet 25 of 28 US 10 ,124 ,924 B2

*****H
KN
2524
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2522 XXXXXXXXX
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EXHIBIT A, Page 40
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U . S . Patent Nov . 13 , 2018 Sheet 26 of 28 US 10 , 124 ,924 B2

- 2628
2620
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2624

20

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FIG . 26

EXHIBIT A, Page 41
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U . S . Patent Nov . 13, 2018 Sheet 27 of 28 US 10 ,124 ,924 B2

-
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EXHIBIT A, Page 42
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U . S . Patent Nov . 13 , 2018 Sheet 28 of 28 US 10 , 124,924 B2

2800
2830 2834

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03
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EXHIBIT A, Page 43
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US 10 ,124 ,924 B2
BEVERAGE CONTAINER PACKAGING FIG . 10 depicts a second view of a top tray according to
various embodiments .
CROSS REFERENCE TO RELATED FIG . 11 depicts a bottom tray and center support of a
APPLICATION beverage container packaging assembly according to vari
5 ous embodiments .
This application claimspriority to U .S . Provisional Appli- FIG . 12 depicts a bottom tray according to various
cation No . 62/ 372, 129, entitled “ BEVERAGE CON - embodiments .
TAINER PACKAGING ,” filed on Aug. 8 , 2016 , the disclo - FIG . 13 depicts a center support according to various
embodiments .
sure of which is incorporated by reference herein in its 10 FIG . 14 depicts
entirety. a top tray according to various embodi
ments .
TECHNICAL FIELD FIG . 15 depicts a bottom tray and center support of a
beverage container packaging assembly according to vari
The present invention relates to packaging materials , and ,15 ousFIGembodiments
. 16
.
depicts a center support according to various
particularly to packaging for beverage containers, such as embodiments.
wine bottles , beer bottles , spirits bottles, and the like. FIG . 17 depicts a bottom view of a center support
BACKGROUND according to various embodiments .
FIG . 18 depicts a beverage container packaging assembly
Historically, packaging materials for shipment of bever 20 according to various embodiments .
FIG . 19 depicts a bottom tray and center support of a
age containers (e.g ., wine bottles, beer bottles , spirits bottles, beverage container packaging assembly according to vari
etc .) have included bubble wrap, Styrofoam , popcorn , and ous embodiments .
other traditional packaging materials . For example , multiple FIG . 20 depicts a bottom tray of a beverage container
bottles could be wrapped in bubble wrap, positioned in 25 packaging assembly according to some embodiments .
Styrofoam , and / or otherwise secured and placed into a box FIG . 21 depicts cup -shaped elements of a bottom tray
for transit .More recently, molded paper pulp trays have been according to various embodiments.
used to secure multiple bottles during transit . Typically, a FIG . 22 depicts a bottom tray of a beverage container
bottom tray accommodates the bottom of a bottle , a top tray packaging assembly according to various embodiments .
accommodates the top of the bottle, and cardboard may be 30 FIG . 23 depicts a first cross -section view of a cup -shaped
installed between the bottles. Many existing bottom tray element of a bottom tray according to various embodiments .
designs include ring - shaped crushable elements to absorb FIG . 24 depicts a second cross -section view of a cup
impact during shipping . The ring - shaped crushable elements shaped element of a bottom tray according to various
may be ineffective in reducing and /or preventing damage to embodiments .
the bottle when the package is subjected to a large impact 35 FIG . 25 depicts a top tray of a beverage container pack
and/ or multiple large impacts. An improved beverage con - aging assembly according to some embodiments .
tainer packaging would be useful. FIG . 26 depicts a top tray of a beverage container pack
aging assembly according to some embodiments .
BRIEF DESCRIPTION OF DRAWINGS FIG . 27 depicts a bottom tray and center support of a
40 beverage container packaging assembly according to some
The foregoing and other features and advantages of the embodiments.
invention will be apparent from the following, more par- FIG . 28 depicts a beverage container packaging assembly
ticular description of various exemplary embodiments , as including a lower tray and center support according to some
illustrated in the accompanying drawings wherein like ref- embodiments .
erence numbers generally indicate identical, functionally 45
similar, and/ or structurally similar elements . The first digits DETAILED DESCRIPTION
in the reference number indicate the drawing in which an
element first appears . Exemplary embodiments are discussed in detail below .
FIG . 1 depicts a beverage container packaging assembly While specific exemplary embodiments are discussed , it
according to various embodiments . 50 should be understood that this is done for illustration pur
FIG . 2 depicts a bottom tray and center support of a poses only . In describing and illustrating the exemplary
beverage container packaging assembly according to vari embodiments, specific terminology is employed for the sake
ous embodiments. of clarity . However, the embodiments are not intended to be
FIG . 3 depicts a bottom tray of a beverage container limited to the specific terminology so selected . A person
packaging assembly according to some embodiments. 55 skilled in the relevant art will recognize that other compo
FIG . 4 depicts a first view of a bottom tray according to nents and configurations may be used without parting from
various embodiments . the spirit and scope of the embodiments . It is to be under
FIG . 5 depicts a second view of a bottom tray according stood that each specific element includes all technical
to various embodiments . equivalents that operate in a similar manner to accomplish a
FIG . 6 depicts a center support of a beverage container 60 similar purpose . The examples and embodiments described
packaging assembly according to various embodiments . herein are non -limiting examples.
FIG . 7 depicts a bottom side of a center support according All publications and references cited herein are hereby
to various embodiments. incom
incorporated by reference in their entirety .
FIG . 8 depicts a top tray of a beverage container pack - As used herein , the term “ a ” refers to one or more . The
aging assembly according to some embodiments. 65 terms “ including ,” “ for example ,” “ such as," “ e. g.," “ may
FIG . 9 depicts a first view of a top tray according to some be" and the like, are meant to include, but are not be limited
embodiments. to , the listed examples .
EXHIBIT A, Page 44
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US 10 , 124 , 924 B2
Beverage container packaging is disclosed . The beverage package a plurality of beverage containers 140 for transit. In
container packaging disclosed herein in various embodi the example shown , the beverage container packaging
ments may include a bottom element (bottom tray, bottom assembly 100 is configured to package 12 bottles. The base
insert ), a top element (top tray, top insert), and /or a center of the beverage container 140 sits in a cylindrical cup
support ( e . g ., center support element) . These elements may 5 shaped elements of the bottom tray 110 . The center support
retain multiple beverage containers , such as wine bottles , 130 separates the bottom tray 110 and top tray 120 . The top
beer bottles , spirits bottles , and the like, for shipment in a tray 120 rests on the center support 130 . The top of the
container, such as a cardboard box , crate , or other container. beverage container 140 is encapsulated in a bottle accom
The beverage containers may vary in size including, for m odating space of the top tray 120 . The center support 130
example , 375 ml, 500 ml, 750 ml, or any other size . The term 10 prevents the sides of the beverage containers 140 from
beverage container as used herein may also refer to any contacting during shipping and provides spacing between
container that encloses a fluid , whether or not the fluid is a the bottom tray 110 and top tray 120. In certain cases, the
beverage . Beverage containers may be placed bottom down center support 130 may not be included in the beverage
in the bottom tray . The center support rests on top of the container packaging assembly 100 .
bottom tray and separates the multiple bottles. The center 15 FIG . 2 depicts a bottom tray and center support of a
support separates the bottom tray and top tray, thereby beverage container packaging assembly according to vari
providing stacking support. The top tray rests on the center ous embodiments . In the example shown , a beverage con
support. And the top element accommodates the top (neck ) tainer 140 ( e . g ., wine bottle ) is seated in a cup - shaped
of the beverage containers. The bottom tray , center support, element 112 of a bottom tray 110 . The cup -shaped element
top tray, and beverage containers are placed in a container, 20 112 is shaped to retain the beverage container 140 in a
such as a cardboard box , crate, etc ., for transit . vertical configuration during transit . In the example shown ,
In various embodiments, the bottom tray comprises a center support 130 is fabricated from molded paper pulp
molded paper pulp fabricated from , for example , recycled and /or similar materials. The center support 130 includes
paper products . The bottom tray may include multiple exterior support cavities 132 , interior support cavities 134 ,
cup - shaped elements ( e . g ., cup - shaped cavities ) each con - 25 and /or other elements .
toured to encapsulate the bottom of a beverage container, In some embodiments, the center support 130 does not
such as a wine bottle , beer bottle , spirits bottles, or the like . extend to an outer edge 150 of the bottom tray 110 and /or an
In certain cases, the cylindrical cup -shaped element includes outer edge of the bottle container packaging assembly ( e. g.,
an hourglass - shaped deformable element and / or a cross bottle container packaging assembly 100 of FIG . 1 ) . In this
shaped deformable element protruding from the bottom 30 case , the center support 130 is located on an interior portion
surface of the cup , deformable protrusions on the walls of of the beverage container packaging assembly and does not
the cup , and /or other features . These features retain the base contact the box. A center support 130 that does not next
of the beverage container in a stationary position during extend to an outer edge 150 of the bottom tray 110 may
shipment by contacting the base of the container in multiple require less material than other large center support designs .
locations. These features of the cup - shaped element, par - 35 As discussed below , other types of center supports , such
ticularly the hourglass shaped and/or cross - shaped deform - as corrugated cardboard center supports, may be used . In
able element absorb energy when the container is subjected certain cases, a type of center support may be selected based
to impact forces (e . g ., when dropped , roughly handled , etc .) . on shipping requirements , load absorption parameters, cus
In some embodiments , the top tray comprises molded tomer preferences , and/or any other parameters.
paper pulp . In certain cases, the top tray may include 40 FIG . 3 depicts a bottom tray of a beverage container
multiple rectangular cup - shaped elements each contoured to packaging assembly according to some embodiments . As
encapsulate the top of a beverage container , such as the neck shown , a bottom tray 110 includes a plurality of cup - shaped
of a wine bottle , beer bottle, spirits bottle, or other container. elements 112 . The number of cup -shaped elements 112
The rectangular cup - shaped element may include a cylin corresponds to a number of beverage containers the bottom
drical depression , vertical protrusions on the walls of the 45 tray 110 is configured to accommodate . In the example
cup , and / or other features . These features retain the neck shown , the bottom tray 110 includes twelve cup - shaped
and/ or upper portion of the beverage container in a station elements 112 — three (3 ) rows of four (4 ) cup -shaped ele
ary position during shipment by contacting the neck of the ments 112 . The bottom tray 110 is thus configured to
container in multiple locations . accommodate 12 beverage containers. FIG . 3 depicts one
In various embodiments , the center supportmay comprise 50 example configuration of cup - shaped elements . The present
one or more sheets of cardboard , such as corrugated card disclosure , however, is in no way limited to the depicted
board . In some cases, the center support may comprise configuration or number of cup - shaped elements 112 .
molded paper pulp that is molded to encapsulate beverage In certain cases , the bottom tray 110 includes posts 114
containers . configured to support the center support (not shown ). Each
The beverage container packaging assembly disclosed 55 of the posts 114 (six in the example shown ) may include a
herein in various embodiments provides improved impact plurality of platforms 116 ( e . g ., deformable post elements ,
energy absorption characteristics in relation to existing protrusions, etc.) that form flat surfaces to contact the center
packaging solutions. The beverage container packaging dis - support. The platforms 116 may be arranged in sets to
closed herein may also be cheaper to produce than existing resemble a cross shape . The platforms 116 may also be
packaging solutions. 60 deformable and / or flexible to absorb load applied to the
FIG . 1 depicts a beverage container packaging assembly bottom tray 110 , thereby reducing any load applied to the
according to various embodiments . In the example shown , a beverage containers 140 .
beverage container packaging assembly 100 may include a FIG . 4 depicts a first view of a bottom tray according to
bottom tray 110 (e .g., bottom element), a top tray 120 (e. g., various embodiments. In the example shown, a bottom tray
a top element), a center support 130 ( e . g ., center support 65 400 includes a plurality of cup - shaped elements 410 ( e . g .,
element , partition element), and /or other components . The cup shaped element 112 of FIGS. 1 - 3 ). In certain cases , each
beverage container packaging assembly 100 is configured to of the cup - shaped elements 410 is cylindrical and /or sub
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US 10, 124 , 924 B2

stantially cylindrical. The cup -shaped element 410 may cup -shaped elements 410 . The first vertical elements 430
include a bottom portion and multiple side walls forming a include a contoured protrusion configured to contact the
cup shape . In certain cases, the side walls may not be vertical outside of a bottle.
but may include draft, such a seven degree draft, to enable In some embodiments, a second type of vertical deform
the bottom tray 400 to be easily removed from a mold during 5 able elements 440 are included on outer walls of the cups
fabrication . shaped element 410 ( e. g., walls of the cup- shaped elements
Each of multiple cup - shaped elements 410 may include not adjacent to any other cup -shaped element 410 ). A lower
one or more of deformable elements 420 on the base portion of the second vertical deformable elements 440 may
(bottom ) of the cup -shaped elements 410 , first deformable resemble the structure of the first vertical deformable ele
elements 430 on the cup -shaped elements 410 , second 10 ments 430 , and an upper portion may include multiple
deformable elements 440 on side ( s ) of the cup -shaped thinner protrusions 442 . In the example shown, the multiple
elements 410 , thin deformable elements 450 on sides of the thin protrusions 442 may resemble a fork .
cup -shaped elements 410 , and /or other components. According to some embodiments , the cup - shaped element
The deformable elements 420 (e .g ., base deformable
ÚN - shaped elements 15 410
elements) on the base (bottom ) of the cup - shaped elements 15410 includes multiple thin deformable elements 450. In
410 may be raised ( e. g ., protrusions) from the bottom certain cases, thin deformable elements 450 may extend
surface of the cup -shaped element 410 . The deformable from a center of the cup -shaped element up a side of the
elements 420 on the bottom of the cup -shaped element 410 cup - shaped element 410 . Thin deformable elements 450
may resemble a cross , overlapping bowties, and/ or other may include thin protrusions spaced roughly 90 degrees
similar shapes. The deformable elements 420 are configured 20 apart from one another. In certain cases, the thin deformable
to absorb impact with the bottom of a beverage container, elements 450 may be spaced roughly 45 degrees from the
such as a load applied to a top or bottom of a beverage intersection of the cross -shaped deformable element 420 . In
container when boxes are stacked , a box is dropped , and/or the example shown , there are four thin deformable elements
otherwise handled . The cross - shaped deformable element 450 in each cup shaped element 410. Though in other cases ,
420 may be particularly effective in absorbing impact on a 25 a cup - shaped element 410 may include other numbers of
bottle with a convex bottom shape , such as certain wine first thin deformable elements 450 .
bottles. In certain cases, wider portions 422 of the cross- FIG . 5 depicts a second view of a bottom tray according
shaped deformable element 420 are configured to contact the to various embodiments . In the example shown , which may
outer edges of the bottom of a beverage container , such as include an opposite side of the bottom tray from FIG . 4 , a
a wine bottle . Thinner portions 424 of the cross -shaped 30 bottom tray 500 includes multiple cup -shaped elements 510 .
deformable element 420 allow the element to deform ( for The bottom side of the bottom tray 500 includes non
example , by bending, crumpling, and /or otherwise deform contoured pulp paper. The bottom side of the cup -shaped
ing ) when a load is applied to a beverage container housed elements 510 may include protrusions 520 ( e . g ., four pro
in the bottom tray 400 . The cross- shaped deformable ele trusions in the example shown ) extending from the bottom
ment 420 deforms to absorb load and reduce damage to a 35 of the cup - shaped element 510 up each side. The protrusions
bottle , particularly when a load is applied down from the top 520 may absorb impact and reduce loads applied to the
on the bottle or when the assembly is dropped . beverage containers during, for example , an impact event.
In some embodiments, deformable elements 420 on a FIG . 6 depicts a center support of a beverage container
bottom of the cup -shaped elements 410 include holes 426 . packaging assembly according to various embodiments. In
The holes 426 may vent air as the bottom tray 400 is lowered 40 the example shown , a center support 600 includes a plurality
into a box (not shown ). Vent holes 426 may reduce the of exterior support cavities 610 ( e . g ., beverage container
vacuum in the box as the bottom tray 400 is installed in a support cavities ), interior support cavities 620 , and /or other
box , thereby making assembly easier. elements . The exterior support cavities 610 and interior
In various embodiments, the cup - shaped element 410 support cavities 620 maintain the bottle upright and to
includes multiple vertical deformable elements 430 , 440 . 45 separate each bottle from adjacent bottles. Exterior support
The vertical deformable elements 430 , 440 are configured to cavities 610 may include a semi- circular shape that follows
contact the sides of a beverage container (not shown ). In the contour of a wine bottle . An exterior support cavity 610
certain cases, first vertical elements 430 and second vertical encapsulates a portion of a beverage container ( e .g ., a body ,
elements 440 are configured to contact the outside of a shoulder, or neck of a bottle ). In certain cases, an exterior
bottle . The vertical deformable elements 430 , 440 may be 50 support cavity 610 includes walls 612 including a draft angle
sized , such that a bottle contacts at least a portion of each of of seven degrees and /or another draft angle . The interior
the vertical deformable elements 430 , 440 when loaded into support cavities 620 may include a circular (cylindrical)
the cup - shaped element 410 . The bottle ( not shown ) and enclosure . The interior support cavities 620 may fully encap
vertical deformable elements 430 , 440 may contact one sulate ( surround) a neck , shoulder, body and / or other com
another in an interference fit, such that a force is necessary 55 ponent of a beverage container. Walls 622 of the interior
to push the bottle into the cup -shaped element 410 and a support cavities 620 may include a draft angle of seven
force is necessary to remove the bottle from the cup -shaped degrees and / or another draft angle .
element 410 . Securing the bottle in the cup - shaped element In some embodiments, the center support 600 includes
410 in such a manner ensures that the bottle is stationary star shaped cavities 630 ( e . g ., cross shaped cavities ). The
during transit , thereby reducing any potential damage . In 60 star- shaped cavities 630 may form the borders of the exterior
certain cases , the vertical deformable elements 430 , 440 can support cavities 610 , interior support cavities 620 , and /or
include a protrusions 460 near the bottom of the cup -shaped other elements . In certain cases , the posts of a top tray
element 410 extending toward a center of the cup -shaped (discussed below ) contact the corners 632 of the star - shaped
element 410 . The protrusions 460 may increase the inter - cavities 630 when assembled . In certain cases , the corners
ference fit between the cup -shaped element 410 and a bottle. 65 632 of the star- shaped cavities 630 extend out away from the
In certain cases, a first type of vertical deformable ele - center far enough to provide cushion between adjacent
ments 430 are included on the walls between adjacent beverage containers. For example, the corners 632 of the
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US 10 , 124 , 924 B2
star- shaped cavities 630 can extend out away from the center trapezoidal elements 914 may contact portions of the center
far enough to encapsulate at least half of the circumference support structure , such as corners 632 of the star -shaped
of a bottle . cavities 630 of FIG . 6 .
FIG . 7 depicts a bottom side of a center support according In certain cases, a top end of the bottle neck accommo
to various embodiments . In the example shown, a bottom 5 dating spaces 920 includes a circular depression 930 (e.g.,
side of center support 700 ( e.g ., center support 600 of FIG . circular depressed region ). The circular depression 930 may
6 , center support 130 of FIGS. 1 -2 ) includes a plurality of accommodate the size of wine cork such that the wine bottle
exterior support cavities 710 , interior support cavities 720 , rim contacts the top tray but not the cork , for example , when
and / or other elements. The exterior support cavities 710 and a load is applied down on the top tray 900 . The circular
interior support cavities 720 may be bounded by star -shaped depression 930 may include a thin deformable element
posts 730 (e . g ., star -shaped elements, cross - shaped con - bisecting the circular depression 930 .
toured posts ). The star -shaped posts 730 may include a In some embodiments, the top tray 900 includes one or
diamond -shaped inner portion 740 (e.g., square and /or rect- more holes 940 . Similar to the holes discussed with respect
angular shaped inner portion ) and star point elements 760, 15 to other components ofbottle packaging assembly, the holes
770 (e .g ., star point elements ) that extend away from the 940 reduce vacuum generated when the top tray is placed
center of the post 730 at , for example , ninety degree angles into a box .
(e .g., orthogonal to one another ) to form the rough shape of FIG . 10 depicts a second view of a top tray according to
a star and/or cross . In certain cases, star point elements 760 various embodiments. In the example shown , a top tray 1000
extending toward another post may be smaller in size that 20 includes the structure underlying the bottle neck accommo
star point elements 770 extending towards an edge of the dating spaces (e.g., bottle neck accommodating spaces 920
bottle packaging assembly . The larger star point elements of FIG . 9 ). The top side (on assembly ) of the top tray 1000
770 may extend further to encapsulate a portion of the outer includes non -contoured pulp paper. The top side of the bottle
surface of a bottle , thereby separating adjacent bottles and neck accommodating spaces may include cross- shaped pro
preventing adjacent bottles from contacting one another. In 25 trusions 1010 ( e . g ., four protrusions meeting at a point in the
certain cases, a center support 700 includes recessed ele - example shown ). The cross - shaped protrusions 1010 may
ments 780 elements between the posts 730 . The recessed absorb impact and reduce loads applied to the beverage
elements 780 between posts 730 allow the posts 730 to tilt containers during , for example , an impact event.
relative to one another and the center support 700 to flex FIG . 11 depicts a bottom tray and center support of a
during use . In certain cases, one or more posts 730 include 30 beverage container packaging assembly according to vari
a hole 750 to reduce a vacuum when multiple center ous embodiments . In the example shown , a beverage con
supports are stacked ( e . g ., during manufacture ). tainer 1140 is seated in a cup - shaped element of a bottom
In some embodiments , a center support 700 is placed on tray 1110 . A center support 1130 is seated upon the lower
a bottom tray (e .g ., bottom tray 110 of FIGS. 1- 3) when , for tray 1110 . The lower tray 1110 is similar to bottom tray 110
example , beverage containers are prepared for shipping. In 35 of FIGS. 1 -3 , bottom tray 400 of FIG . 4 , and bottom tray 500
some cases , the star -shape elements 730 are placed on posts of FIG . 5 . One difference being the bottom tray 1010 is
included in a bottom tray ( e. g ., posts 114 of bottom tray 110 configured to accommodate fifteen beverage containers
of FIG . 3 ). During assembly a flat surface of each post 730 three rows of five containers — as opposed to twelve in the
contacts a flat surface of a post on the bottom tray ( e .g ., posts bottom trays 110 , 400 , 500 of FIGS. 1 -5 . The center support
114 or deformable post elements 116 of bottom tray 110 of 40 1030 is similar to the center supports 130 , 600, 700 of FIGS.
FIG . 3 ). The bottom tray 110 may include six posts to 2 , 6 , and 7 , respectively, with the exception that center
accommodate the six posts 730 of the center support 700 . support 1030 is configured to accommodate fifteen beverage
FIG . 8 depicts a top tray of a beverage container pack - containers — three rows of five containers — as opposed to
aging assembly according to some embodiments. In the twelve .
example shown, a top tray 800 (e . g ., top tray 120 of FIG . 1 ) 45 FIG . 12 depicts a bottom tray according to various
includes multiple vertical posts 810 . In certain cases, the embodiments . The bottom tray 1200 depicted is similar to
vertical posts 810 form the sides (bounds ) of bottle neck bottom trays to bottom tray 110 of FIGS . 1 - 3 , bottom tray
accommodating spaces 820 in the top tray 800 . The bottle 400 of FIG . 4 , and bottom tray 500 of FIG . 5 . For the sake
neck accommodating spaces are configured to accommodate of brevity and clarity , the following description will focus
a neck of a beverage container, such as a wine bottle . The 50 primarily on the differences relative to the aforementioned
number of bottle neck accommodating spaces 820 corre - bottom trays 110 , 400 , and 500 . In the example shown , a
sponds to a number of beverage containers the top tray 800 bottom tray 1200 includes a plurality of cup - shaped ele
is configured to accommodate . In the example shown, the ments 1210 , posts 1230 ( e . g ., eight posts ). The cup shaped
top tray 800 includes twelve bottle neck accommodating element 1210 includes multiple thin deformable elements
spaces 820 — three (3 ) rows of four (4 ) bottle neck accom - 55 1212 . In certain cases , the thin deformable elements 1212
modating spaces — and the top tray 800 is configured to extend from a center of the cup -shaped element up a side of
accommodate twelve beverage containers . the cup -shaped element 1210 . The thin deformable elements
FIG . 9 depicts a first view of a top tray according to some terminate at the bottom of the cup -shaped element 1210 in
embodiments . In the example shown , a top tray 900 includes a cross shape end 214 (e . g ., cross shape element ). The
multiple vertical posts 910 that form bottle neck accommo- 60 cross -shaped ends 1214 may assist in absorbing impact from
dating spaces 920 . For example, the vertical posts 910 may a bottom of bottle when , for example , an assembly is
include deformable elements 912 that contact the neck of a dropped . The cross -shaped ends 1214 may reduce damage to
bottle and hold it in place during shipping . The deformable the end of thin deformable element 1212 when , for example ,
elements 912 may also deform to absorb lateral loads the bottom tray 1200 is bent. The cross- shaped ends 1214
applied to a bottle during transit. In some cases , the vertical 65 eliminate a stress concentration point and allow load to be
posts 910 may include trapezoidal deformable elements 914 distributed to other elements when the bottom tray 1200 is
(e .g., protrusions ) on a top of the vertical post 910 . The bent or otherwise loaded .
EXHIBIT A, Page 47
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US 10 , 124 ,924 B2
10
In various embodiments , the cup -shaped elements 1210 bottom side ofcenter support 1700 ( e . g ., center support 1600
elements include rounded corners 1220 at a base of the of FIG . 16 , center support 1530 of FIG . 15 ) includes a
cup -shaped elements 1210 . The rounded corners 1220 may plurality of beverage container enclosures 1710 ( e.g ., enclo
allow the bottom tray 1200 to endure more repeated loading. sure cavities ). The beverage container enclosure cavities
The rounded corners 1220 also accommodate the shape of 5 1710 may be bounded by star - shaped posts 1720 ( e . g .,
the bottom of a bottle . star-shaped elements ) and /or partial star-shaped posts 1730
FIG . 13 depicts a center support according to various ( e . g ., partial star - shaped elements ) . The star - shaped posts
embodiments . The center support 1300 shown is similar to 1720 may include a diamond - shaped inner portion 1740
the center supports 130 , 600 , 700 of FIGS. 2 , 6 , and 7 , (e .g ., square and /or rectangular shaped inner portion ) and
respectively, with the a difference being the center support 10 four outer portions 1750 (e . g ., star point elements, cross arm
1300 is configured to accommodate fifteen beverage con - elements ) extend away from the center of the post 1720 at
tainers three rows of five containers as opposed to rough ninety degree angles ( e.g ., orthogonal to one another)
twelve . to form the rough shape of a cross . In certain star point
FIG . 14 depicts a top tray according to various embodi- elements 1750 may include different sizes .
ments. The top tray 1400 shown is similar to top trays 120 , 15 In certain cases , a center support 1700 includes recessed
800, 900 , and 1000 of FIGS . 1, 8, 9 , and 10 . One difference elements 1760 elements between posts 1720 . The recessed
between the top tray 1400 depicted is configured to accom elements 1760 between posts 1720 allow the posts 1720 to
modate fifteen beverage containers — three rows of five tilt relative to one another and the center support 700 to flex
containers — as opposed to twelve as in top trays 120 , 800 , during use . In certain cases, one ormore posts 1720 include
900, 1000 . In certain cases , top tray 1400 includes a plurality 20 a hole 1770 to reduce a vacuum when multiple center
of posts 1410 each including holes 1420 in a top flat surface supports are stacked ( e .g ., during manufacture ).
of the posts 1410 . The holes 1420 reduce any vacuum effect In some embodiments, a center support 1700 is placed on
as the top tray is loaded into a box . a bottom tray element ( e . g ., bottom tray element 1110 , 1200,
FIG . 15 depicts a bottom tray and center support of a 1510 of FIGS. 11 , 12 , and 15 ) when a beverage container
beverage container packaging assembly according to vari- 25 packaging assembly is prepared for shipping . In some cases,
ous embodiments . In the example shown , a beverage con - the posts 1720 are placed on posts included in a bottom tray
tainer 1540 is seated in a cup - shaped element of a lower tray (e . g ., posts 114 and/ or platforms 116 of bottom tray 110 of
1510 . A center support 1530 is seated upon the bottom tray FIG . 3). During assembly a flat surface of each post 1720
1510. The bottom tray 1510 is similar to bottom tray 1110 , contacts a flat surface of a post on the bottom tray ( e . g ., posts
1200 of FIGS. 11 and 12 . Center support 1530 is similar to 30 1230 of bottom tray 1200 of FIG . 12 ). The bottom tray 1200
center support 1300 of FIG . 13 , with the exception that the may include eight posts 1230 to accommodate the eight
center support 1530 includes bottle enclosure cavities 1532 internal posts 1720 of the center support 1700 .
that fully encapsulate each beverage container 1540 . FIG . 18 depicts a beverage container packaging assembly
In various embodiments, thebeverage container enclosure according to various embodiments . In the example shown , a
cavities 1532 protect the beverage container 1540 from side 35 beverage container packaging assembly 1800 may include a
impacts , maintain the beverage container 1540 upright dur- bottom tray 1810 (e .g., bottom element), a top tray 1820
ing transit, and/or provide other benefits . In certain cases , a ( e . g ., a top element), a center support 1830 ( e . g ., partition
bottle packaging assembly ( e . g ., bottom tray 1510 , center element, center support element), and/ or other components .
support 1530 , and top tray 1400 of FIG . 14 ) may be able The beverage container packaging assembly 1800 is con
withstand 15 drops from at least 18 inches, two drops from 40 figured to package a plurality of beverage containers 1840
36 inches , and/ or 10 drops from 30 inches, as required by for transit. The base of the beverage container 1840 sits in
various shipping companies ( e.g., United Parcel Service one of the cylindrical cup-shaped elements of the bottom
(UPS ), FedEx, and the like ). tray 1810 . The center support 1830 separates the bottom tray
FIG . 16 depicts a center support according to various 1810 and top tray 1820 . The top tray 1820 rests on the center
embodiments . In the example shown, a center support 1600 45 support 1830 . The top of the beverage container 1840 is
includes a plurality ofbeverage container enclosure cavities encapsulated in a rectangular cup - shaped element of the top
1610 ( e . g ., interior support cavities ). The enclosure cavities tray 1820 . The center support 1830 prevents the sides of the
1610 function to maintain the bottle upright and to separate beverage containers 1840 from contacting during shipping
each bottle from adjacent bottles. The enclosure cavities and provides spacing between the bottom tray 1810 and top
1610 may include a circular ( cylindrical) enclosure . The 50 tray 1820 . In certain cases, the center support 1830 may not
enclosure cavities 1610 may fully encapsulate (surround ) a be included in the beverage container packaging assembly
neck , shoulder, body and/ or other component of a beverage 1800 .
container. Walls 1620 of the enclosure cavities 1610 may FIG . 19 depicts a bottom tray and center support of a
include a draft angle , such as seven degrees and /or another beverage container packaging assembly according to vari
draft angle. 55 ous embodiments . In the example shown , a beverage con
In some embodiments , the walls 1620 of the enclosure tainer 1940 (e.g., wine bottle) is seated in a cup -shaped
cavities 1610 include deformable elements 1622 . The element 1912 of a lower tray 1910 . The cup -shaped element
deformable elements 1622 are configured to absorb load 1912 is shaped to retain the beverage container 1940 in a
applied to the side of a beverage container, thereby protect- vertical configuration during transit. In the example shown ,
ing beverage container from damage during transit. Because 60 a center support 1930 includes multiple cardboard ele
the beverage containers are each fully encapsulated by ments — two laterally arranged cardboard elements 1932 ,
enclosure cavities 1610 , the center support 1600 and bev - 1934 and two transversely arranged cardboard elements
erage containers included therein may withstand higher 1936 , 1938 .
loads and / or more load cycles than center support 1300 of FIG . 20 depicts a bottom tray of a beverage container
FIG . 13 . 65 packaging assembly according to some embodiments . As
FIG . 17 depicts a bottom view of a center support shown , a bottom tray 2010 includes a plurality of cup
according to various embodiments . In the example shown, a shaped elements 2012 . The number of cup -shaped elements
EXHIBIT A, Page 48
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US 10 , 124,924 B2
1] 12
2012 corresponds to a number of beverage containers the elements 2118 , second vertical elements 2120 , and third
bottom tray 2010 is configured to accommodate . In the vertical elements 2122 may be sized , such that a bottle
example shown , the bottom tray 2010 includes twelve contacts all of the vertical elements 2118 , 2120 , 2122 when
cup -shaped elements 2012 — three (3 ) rows of four (4 ) loaded into the cup -shaped element 2110 . The bottle (not
cup -shaped elements 2012 — and the bottom tray 2010 is 5 shown ) and vertical deformable elements 2118 , 2120 , 2122
configured to accommodate 12 beverage containers . FIG . 20 may contact one another in an interference fit, such that a
depicts one example configuration of cup - shaped elements. force is necessary to push the bottle into the cup -shaped
The present disclosure , however, is in no way limited to the element 2110 and a force is necessary to remove the bottle
depicted configuration of cup - shaped elements 2012 or from the cup -shaped element 2110 . Securing the bottle in the
number of cup - shaped elements 2012 . 10 cup -shaped element 2110 in such a manner ensures that the
In certain cases, the bottom tray 2010 includes posts 2014 bottle is stationary during transit, thereby reducing any
configured to support the center support (not shown ) . Each potential damage .
of the posts 2014 may include guide elements 2016 ( e. g ., According to some embodiments, the cup - shaped element
protrusions) that form one or more channels to accommo 2110 includes multiple thin deformable elements 2124 ,
date panels of the center support (not shown ). 15 2126 . In certain cases , four thin deformable elements 2124
FIG . 21 depicts cup - shaped elements of a bottom tray may extend from a center of the cup - shaped element up a
according to various embodiments . In the example shown , a side of the cup - shaped element 2110 . The four first deform
bottom tray 2100 (e .g ., bottom tray 2010 of FIG . 20 ) may a ble elements 2124 may include thin protrusions spaced
include cup -shaped elements 2110 (e . g ., cup shaped element roughly 90 degrees apart from one another. The thin deform
1912 , 2012 of FIGS . 19 , 20 ) that are cylindrical and /or 20 able elements 2124 may collectively form an X - shape, with
substantially cylindrical. The cup -shaped element may each thin deformable element 2124 extending from the
include a bottom portion and multiple side walls forming a center of the X along the bottom and up a side wall. In
cup shape. In certain cases, the side walls may not be exactly certain cases , a portion of a first deformable element 2124
vertical but may include draft to enable the bottom tray 2100 extending along the wall of the cup - shaped element 2110
to be easily removed from a mold during fabrication . 25 may extend further from the surface than a portion of the
Each of multiple cup - shaped elements 2110 includes a thin deformable element spanning the bottom of the cup
first deformable element 2112 (e . g ., an hourglass shaped shaped element 2110 . In other words, the portion of the thin
element, bow -tie shaped element), second deformable ele - deformable element 2124 spanning the wall may be taller
ments 2116 , vertical elements 2118 , 2120 , 2122 , 2124 , and (higher ) than the portion spanning the bottom of the cup
other elements. The first deformable element 2112 may be 30 shaped element 2110 . In some embodiments , second thin
raised ( e .g ., a protrusion ) from the bottom surface of the deformable elements 2126 may be disposed between vertical
cup -shaped element 2110 . The first deformable element elements 2118 . Similar to the vertical elements , thin deform
2112 may resemble an hourglass , bow tie , or other similar able elements 2124 , 2126 are configured to absorb impact
shape. The first deformable element 2112 is configured to energy and/ or loads applied to the sides of the bottle . The
absorb impact applied to a top of a beverage container (not 35 thin deformable elements 2124 , 2126 prevent damage to the
shown). The first deformable element 2112 may be particu - bottom and sides of the bottle.
larly effective in absorbing impact from a bottle with a FIG . 22 depicts a bottom tray of a beverage container
convex bottom surface, such as a wine bottle . Wider portions packaging assembly according to various embodiments . A
2114 of thehourglass shaped element 2112 are configured to first cross -section A - A depicts a cross -section of the cup
contact the outer edges of the bottom of a bottle , such as a 40 shaped element 2212 of the bottom tray in a first direction .
wine bottle . Thinner portions 2113 of the hourglass shaped The first cross -section A - A is depicted in FIG . 23 . A second
element 2112 allow the element to deform ( for example , by cross section B - B depicts a cross - section of the cup -shaped
bending , crumpling , and /or otherwise deforming ) when a element 2212 in a direction perpendicular to the first direc
load is applied to a beverage container housed in the bottom tion . The second cross -section B - B is depicted in FIG . 24 .
tray 2100 . The hourglass shaped element 2112 deforms to 45 FIG . 23 depicts a first cross - section view of a cup - shaped
absorb load and reduce damage to a bottle , particularly when element of a bottom tray according to various embodiments .
a load is applied down from the top on the bottle or when the FIG . 23 includes a cross - section view along section A - A as
assembly is dropped . shown in FIG . 22 . In the example shown , the cross - section
A cup - shaped element 2110 may include second deform - passes through the center of the hourglass shaped deform
able elements 2116 . The second deformable elements 2116 50 able element 2312 . The center of the hourglass shaped
may resemble two adjacent mountain peaks. Similar to the deformable element 2312 includes a thinner portion 2313 of
first deformable element 2112 , the second deformable ele the hourglass shaped deformable element 2312 . The wider
ments 2116 are configured to contact the outer edges of the portion 2314 of the hourglass shaped deformable element
bottom of a bottle , such as a wine bottle . When a load is 2312 is shown in the background. The wider portion 2314
applied to the top of the wine bottle , when the beverage 55 contacts the outer edges of the bottom of a beverage con
container packaging is dropped , or when the bottle is oth tainer. The second deformable elements 2316 also contact
erwise subjected to a force , the second deformable elements the outer edges of the bottom of the beverage container (not
2116 are configured to absorb the load and /or energy of the shown ). First vertical elements 2318 contact the sides of the
load by , for example , crushing , buckling, and /or otherwise beverage container to retain the container in place . Thin
deforming. 60 deformable elements 2324 extend from the center of the
In various embodiments, the cup -shaped element 2110 cup-shaped element up the sides of the cup -shaped element.
includes multiple vertical deformable elements 2118 , 2120 , In certain cases, a thin deformable element 2326 may be
2122 . The vertical deformable elements 2118 , 2120 , 2122 disposed between the first vertical elements 2316 .
contact the sides of a beverage container ( not shown ). In FIG . 24 depicts a second cross - section view of a cup
certain cases, first vertical elements 2118, second vertical 65 shaped element of a bottom tray according to various
elements 2120 , and third vertical elements 2122 are config - embodiments. FIG . 24 includes a cross -section view along
ured to contact the outside of a bottle . The first vertical section B - B as shown in FIG . 22 . In the example shown , the
EXHIBIT A, Page 49
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US 10, 124 , 924 B2

13 14
cross - section passes through the center of the hourglass FIG . 28 depicts a beverage container packaging assembly
shaped deformable element 2412 . The thinner portions 2413 including a lower tray and center support according to some
and wider portions 2414 of the hourglass shaped element embodiments . In the example shown, a center support 2830
2412 are raised up from a bottom surface of the cup - shaped rests on a lower tray 2810 ( e. g., lower tray 1810 of FIG . 18 ).
element 2412 . The wider portions of the hourglass shaped 5 The center support 2830 may be an alternative design
element 2412 contact a beverage container placed into the the relative to center support 1830 , 1930 of FIGS. 18 and 19 and
cup -shaped element 2412 . When a load is applied to a includes center support 2730 of FIG . 27 . The center support 2830
beverage container with a convex bottom (such as a wine cardboardtwoelements cardboard elements 2832 , 2834. Each of the
2832, 2834 includes two corrugated
bottle , beer bottle , etc .), the wider portions 2414 , which 10 sections. In other words , the cardboard elements 2832, 2834
contact the bottom of the bottle , are configured to deform include double -walled corrugated cardboard including two
and absorb the energy of the load . The second deformable layers of corrugation . For example , the two layers of cor
portion 2416 ( shown in the background of the cross- section ) rugation may resemble double -layered sandwich .
is similarly configured to deform and absorb a load applied In various embodiments, the center support 2830 , the
to a beverage container. 15 center support 2730 of FIG . 27 , center support 1830 of FIG .
FIG . 25 depicts a top tray of a beverage container pack - 18 . center support 600 of FIG . 6 . center support 700 of FIG .
7 , center support 1300 of FIG . 13 , center support 1600 of
example shown , a top tray 2520 includes rectangular cup - FIG . 16 , and center support 1700 of FIG . 17 include several
shaped elements 2522 , vertical posts 2524 , and / or other example center support configurations contemplated by the
elements . The rectangular cup -shaped elements 2522 are 20 present disclosure . In some embodiments (not shown ), the
configured to accommodate a neck of a beverage container , center support may include triple -walled corrugated and/or
such as a wine bottle . The number of cup -shaped elements any other number of stacked corrugated sections . Alterna
2522 corresponds to a number ofbeverage containers the top tively , the center supportmay include cardboard without any
tray 2520 is configured to accommodate . In the example corrugation . For example , the center support may include a
shown , the top tray 2520 includes twelve rectangular cup - 25 stack of multiple sheets of cardboard with no corrugation .
shaped elements 2522 — three ( 3 ) rows of four (4 ) cup - The present disclosure , however, is not limited to these
shaped elements 2522 — and the bottom tray is configured to configurations and is intended to encompass a wide variety
accommodate twelve beverage containers . FIG . 25 depicts of center support designs .
one example configuration of rectangular cup - shaped ele In various embodiments, assembly of a beverage con
ments, and the present disclosure is in no way limited to the 30 tainer packaging assembly 2800 is depicted . A lower tray
depicted configuration . 2810 may be placed into a container 2850 , such as a
FIG . 26 depicts a top tray of a beverage container pack - cardboard box , crate , and /or other container. A center sup
aging assembly according to some embodiments . In the port ( e. g ., center support 600 , 700 , 1300, 1600, 1700 , 1830 ,
example shown, a top tray 2620 includes rectangular cup 2730, 2830 , and /or any other center support ) is placed onto
shaped elements 2622 , vertical posts 2624 , and /or other 35 the lower tray 2810 . Beverage containers (not shown ) are
elements. The rectangular cup - shaped elements 2622 loaded into cup -shaped elements of the lower tray 2810 . An
include four walls forming roughly the shape of a rectan upper tray (not shown ) is placed on the top of the center
gular enclosure . The vertical posts 2624 include vertical support. The container 2850 is sealed by, for example ,
deformable elements 2626 (on each of the four surrounding closing the flaps of the box and/or applying tape. The
vertical posts 2624 ). A neck of bottle may, for example , be 40 container 2850 may be then be shipped to its recipient. And
in contact with four vertical deformable elements 2626 . The upon receipt, a recipient may perform the inverse ( opposite )
vertical deformable elements 2626 in contact with the neck of these steps to unpack the beverage container packaging
of the bottle restrain the bottle from movement during assembly 2800 .
shipment. The vertical deformable elements 2626 may also in various embodiments, these and other steps to
absorb loads applied to a side of the bottle. 45 assemble and disassemble a container packaging assembly
In various embodiments , a bottom portion of the rectan - 2800 may be performed in other sequences to achieve
gular cup -shaped element 2622 includes a cylindrical similar results .
depression 2628 . The cylindrical depression 2628 may be While various embodiments of the present invention have
sized to accommodate a top of a bottle (not shown ) and to been described above, it should be understood that they have
restrain the top of the bottle from movement during transit . 50 been presented by way of example only , and not limitation .
FIG . 27 depicts a bottom tray and center support of a Thus , the breadth and scope of the present invention should
beverage container packaging assembly according to some not be limited by any of the above -described illustrative
embodiments . In the example shown, a center support 2730 embodiments , but should instead be defined only in accor
rests on a lower tray 2710 (e .g., lower tray 1810 of FIG . 18 ). dance with the following claims and their equivalents.
The center support 2730 may be an alternative design 55
relative to center support 1830 , 1930 of FIGS. 18 and 19 . What is claimed is:
The center support 2730 includes two cardboard elements 1 . A beverage container packaging assembly comprising:
2732 , 2734 . The cardboard elements 2732 , 2734 may a bottom tray ofmolded paper pulp including a plurality
include corrugated cardboard or any other type ofcardboard . of cup - shaped elements, the cup - shaped elements con
The cardboard elements 2732 , 2734 may be L - shaped and/ or 60 figured to accommodate a bottom portion of a beverage
include a bend . A first cardboard element 2732 may include container, each cup -shaped element including one or
cutouts ( e . g ., notches ) that align with cutouts in the second more deformable elements forming a cross shape;
cardboard element 2734 . When installed , the first cardboard a center support of molded paper pulp disposed between
element 2732 and second cardboard element 2734 may and in contact with the bottom tray and a top tray of
interlock to form a rectangular section 2736 . The rectangular 65 molded paper pulp , the center support not extending to
section 2736 may span ( e .g ., surround, enclose ) two secure an outer edge of the beverage container packaging
ment chambers of the lower tray 1810 . assembly, the center support including :
EXHIBIT A, Page 50
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US 10 ,124, 924 B2
15
a plurality of center support posts comprising at least
one cross -shaped cavity ;
a plurality of beverage container support cavities
bounded by the center support posts, the support
cavities configured to surround at least a portion of 5
the beverage container; and
the top tray of molded paper pulp including :
a plurality of vertical members comprising at least one
deformable element; and
a plurality of bottle neck accommodating spaces each
bounded by the at least one deformable element, the
bottle neck accommodating spaces each configured
to accommodate a neck portion of the beverage
container . 15
2 . The beverage container packaging assembly of claim 1 ,
wherein at least a portion of the bottle neck accommodating
spaces are bounded by verticalmembers, the verticalmem
bers including the at least one deformable element.
3 . The beverage container packaging assembly of claim 2 , 20
wherein at least one of the vertical members comprises a 20
vertical post.
4 . The beverage container packaging assembly of claim 1 .
wherein the at least one deformable element extends towards
a center of the bottle neck accommodating space.
5 . The beverage container packaging assembly of claim 1 . - 14 , wherein each of the beverage container support cavities
wherein a cross -section of the cross -shaped cavities are 18configured
increases from a bottom end of the center support to a top
end of the center support.
6 . The beverage container packaging assembly of claim 1 , 30 bottom
wherein a cross - sectional area of the center support
decreases between a top end of the center support and a
bottom end of the center support .
7 . The beverage container packaging assembly of claim 1 ,
wherein one or more surfaces of the center support posts 35 container.
extend to a same height.
8 . The beverage container packaging assembly of claim 1 ,
wherein the beverage container support cavities include one
ormore of a quarter circle shape, a half circle shape and full
circle shape .
9 . The beverage container packaging assembly of claim 1, 40
wherein the one or more deformable elements of the bottom
tray comprise the cross shape .
10 . The beverage container packaging assembly of claim
1 , wherein at least one of the beverage container support 45
cavities include a semi-circular shape and at least one of the
beverage container support cavities include a fully circular
shape .
11 . The beverage container packaging assembly of claim
1 , wherein each of the beverage container support cavities 50
are configured to at least partially encapsulate a beverage
container.
12 . The beverage container packaging assembly of claim
1, wherein a first set of the beverage container support
cavities are configured to fully encapsulate a beverage 55
container and a second set of the beverage container support
cavities are configured to partially encapsulate a beverage
container.
13 . The beverage container packaging assembly of claim
1, wherein the bottom tray , center support, and top tray are 60
configured to contact the beverage container .
14 . A beverage container packaging assembly comprising:
16
a bottom tray of molded paper pulp including a plurality
of cup -shaped elements , the cup -shaped elements con
figured to accommodate a bottom portion of a beverage
container, each cup - shaped element including one or
more deformable elements forming a cross shape;
a top tray of molded paper pulp including a plurality of
bottle neck accommodating spaces each bounded by at
least one deformable element, the bottle neck accom
modating spaces each configured to accommodate a
neck portion of the beverage container ; and
a center support ofmolded paper pulp disposed between
and in contact with the bottom tray and the top tray, the
center support including at least one cross - shaped cav
ity and a plurality of beverage container support cavi
ties bounded by a plurality of center support posts, the
support cavities configured to surround at least a por
tion of the beverage container .
15 . The beverage container packaging assembly of claim
14 , wherein a cross - sectional area of the center support
decreases between a top end of the center support and a
bottom end of the center support.
16 . The beverage container packaging assembly of claim
14, wherein one or more surfaces of the center support posts
extend to a same height.
17 . The beverage container packaging assembly of claim
to fully encapsulate a beverage container.
. The beverage container packaging assembly of claim
14 , wherein the one or more deformable elements of the
19 .
tray comprise the cross shape .
The beverage container packaging assembly of claim
14 , wherein a first set of the beverage container support
cavities are configured to fully encapsulate the beverage
container and a second set of the beverage container support
cavities
are configured to partially encapsulate the beverage
20 . A beverage container packaging assembly comprising :
a bottom tray of molded paper pulp including:
a plurality of cup -shaped elements , the cup -shaped
elements configured to accommodate a bottom por
tion of a beverage container, each cup -shaped ele
ment including at least a first deformable element
comprising one or more wide portions and one or
more thin portions ; and
a plurality of posts each comprising a plurality of
deformable post elements ;
a center support of molded paper pulp disposed between
and in contact with the bottom tray and a top tray of
molded paper pulp , the center support including :
a plurality of beverage container support cavities con
figured to surround at least a portion of a beverage
container; and
a plurality of star-shaped cavities that contact the
deformable post elements of the bottom tray ;
the top tray of molded paper pulp including :
a plurality of vertical posts comprising at least one
deformable element ; and
a plurality of bottle neck accommodating spaces each
bounded by a set of the vertical posts, the bottle neck
accommodating spaces each configured to accom
modate a neck portion of the beverage container.
* * * *

EXHIBIT A, Page 51