The complaint alleges that the following entities (collectively, the "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320 (the '320 patent):
- Solofill LLC of Houston, Texas
- DonGuan Hai Rui Precision Mould Co., Ltd. of China
- Eko Brands, LLC of Woodinville, Washington
- Evermuch Technology Co., Ltd. of Hong Kong
- Ever Much Co. Ltd. of China
- Melitta USA, Inc. of North Clearwater, Florida
- LBP Mfg. Inc. of Cicero, Illinois
- LBP Packaging (Shenzhen) Co. Ltd. of China
- Spark Innovators, Corp. of Fairfield, New Jersey
- B. Marlboros International Ltd. (HK) of Hong Kong
- Amazon.com, Inc. of Seattle, Washington
According to the complaint, the '320 patent generally relates to accessories for single serve beverage brewers. In particular, the '320 patent relates to an adaptor assembly configured to effect operative compatibility between a single serve beverage brewer and beverage pods.
In the complaint, ARM states that the Proposed Respondents import and sell products that infringe the '320 patent. The complaint specifically refers to various products associated with the Proposed Respondents, including, for example, the Solofill K2 and K3, the EkoBrew Elite and EkoBrew (China), the Melitta E-Filter, and the Sparks Café Cup.
Regarding domestic industry, ARM states that its domestic investments created the relevant industry in the U.S. with respect to beverage brewing capsules. ARM states that it has engaged in R&D, design, development, and manufacturing in the U.S. with respect to products protected by the '320 patent, including its EZ-cup and Eco-fill beverage brewing capsules. ARM further states that it has engaged in substantial engineering activities, patent procurement, consultation, product sales, sales support, and other operations in the U.S. with respect to products protected by the '320 patent. ARM specifically refers to its facility and warehouse in Santa Fe Springs, California to support domestic industry.
With respect to potential remedy, ARM requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents.