A&J - Request For ITC Investigation

V JAMES ADDUCI II
LOUIS S MASTRIANI
TOM M SCHAUMBERG
DEANNA TANNER OKUN
WILL E LEONARD
MUNFORD PAGE HALL II
MICHAEL L DOANE
SARAH E HAMBLIN
ANDREW F PRATI*
WILLIAM C SJOBERG
JONATHAN J ENGLER
DAVID H HOLLANDER JR
DEBORAH S STRAUSS
QIAN SHENG.,
KATHERINE R LAHNSTEIN
DANIEL F SMITH
ASHAALLAM
BEAU A JACKSON
THOMAS R BURNS JR
ROWAN M DOUGHERTY
EVAN H LANGDON
PAUL M BARTKOWSKI
EMI ITO ORTIZ
GREGORY F GEARY
OANAL WAITS
MICHAEL L BUCKLER''
LAUREN E PETERSON"
OF COUNSEL
JOHN C STEINBERGER
PAUL G HEGLAND
<'!admitted to a bar other
than DC: pract1ce limited
to federal courts & agencies
HARVEY B FOX [1941-201 OJ
AFFILIATE
AM&S TRADE SERVICES LLC
CARLOS MOORE. PRESIDENT
ATTORNEYS AT LAW
1133 CONNECTICUT AVENUE, N.W. WASHINGTON, DC 20036
Tei:(202J 467-6300 Fax:(202J 466-2006 Web:www.adduci.com
August21, 2013
VIA HAND DELIVERY
The Honorable Lisa R. Barton
Actingi_Secretary
U.S. Irltemational Trade
C o m m i s ~ i o n
500 E Street, S.W.
Washington, DC 20436
DOCKET
NuMBER
.. __ .. -... -------------.......... -----------
Office of the
Secretary
lnt'l Trade Commission
Re: Certain Multiple Mode Outdoor Grills and Parts Thereof
Inv. No. 337-TA-
Dear Acting Secretary Barton:
Enclosed for filing on behalf of Complainants A&J Manufacturing, LLC
and A&J Manufacturing, Inc. ("A&J" or "Complainants") are documents in
support of A&J's request that the Commission commence an investigation
pursuant to Section 337 of the Tariff Act of 1930, as amended. A request for
confidential treatment of Confidential Exhibit 8C is included in this letter.
Accordingly, Complainants submit the following documents for filing:
1. An original and eight (8) copies of the verified Non-Confidential
Complaint and Public Interest Statement; one (1) CD of the Non-Confidential
exhibits and one (1) CD of Confidential Exhibit 8C (19 CFR 210.4()(2),
210.8(a)(1)(i)), 210.8(b) and 210.12(a)(l));
2. Twenty (20) additional copies of the verified Non-confidential
Complaint and Public Interest Statement, twenty (20) CDs of the Non-
Confidential exhibits and twenty (20) CDs of native Excel files of several exhibits
to Exhibit 7 to the Complaint for service upon the proposed respondents (19 CFR
210.8(a)(l)(iii) and 210.11(a));
3. Twenty (20) additional copies of Confidential Exhibit 8C on CDs for
service upon the proposed respondents (19 CFR 210.8(a)(l)(iii));
The Honorable Lisa R. Barton
August 21, 2013
Page2
4. The original certified copies of United States Patent Nos. 8,381,712, D660,646
and D662,773 (
11
the '712, '646 and '773 patents .. or
11
patents in issue") and copies ofthese patents
on CD, cited in the Complaint as Exhibits 1, 3 and 5, respectively, (210.8(a)(1)(iii),
21 0.12(a)(9)(i));
5. Copies of assignments for the patents in issue on CD and cited in the Complaint
as Exhibits 2, 4 and 6, respectively (210.8(a)(l)(iii) and 210.12(a)(9)(ii)); the original certified
copies of these assignments will be submitted when received from the USPTO;
)F
6. Original. _certified copies of the prosecution histories of the '712, '646 and '773
Patents (Appendices A ; ~ c and E) and three (3) additional copies on separate CD's (210.12(c)(1)
and 210.12(d));
7. Four (4) CDs of the reference documents identified in the prosecution histories for
the patents in issue (Appendices B, D and F) (210.12(c)(2)); and
8. One (1) additional copy of the Non-confidential Complaint for service upon the
Embassy of The People's Republic of China in Washington, D.C. (210.8(a)(l)(iv)).
A certification is provided below pursuant to 19 CFR 201.6(b) and 210.5(d)
requesting confidential treatment of Confidential Exhibit 8C.
The information for which confidential treatment is sought is proprietary commercial
information not otherwise publicly available. Specifically, Confidential Exhibit 8C is a
confidential declaration setting forth Complainant's investments in the United States establishing
a domestic industry.
The information described above qualifies as confidential business information pursuant
to Commission Rule 201.6 because:
a. it is not available to the public;
b. unauthorized disclosure of such information could cause substantial harm to the
c.
VJA:jct
Enclosures
competitive position of Complainants; and
its' disclosure could impair the Comrilission'
necessary to perform its statutory function.
CHAR700613.docx
e if you have any questions.
UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, DC
In the Matter of
------------------
CERTAIN MULTIPLE MODE
OUTDOOR GRILLS AND PARTS
THEREOF
Investigation No. 337-TA-_
STATEMENT REGARDING THE PUBLIC INTEREST
Pursuant to Commission Rule 210.8(b), 19 C.P.R. 210.8(b), Complainants A&J
Manufacturing, LLC and A&J Manufacturing, Inc. (collectively, "Complainants" or "A&J")
respectfully submit this Statement Regarding the Public Interest. The products at issue in the
Complaint are multiple mode outdoor grills, that is, grills that permit simultaneous cooking with
gas and solid fuels, and parts thereofthat infringe U.S. Patent No. 8,381,712 B1, U.S. Patent No.
D660,646 S, and/or U.S. Patent No. D662,773 S (collectively, "the asserted patents"). Exclusion
of such products from the United States will not have an adverse effect on the public health and
welfare in the United States, competitive conditions ii1 the United States economy, the
production of like or directly competitive article in the United States, or United States
consumers.
I. HOW THE ARTICLES POTENTIALLY SUBJECT TO THE
REMEDIAL ORDERS ARE USED IN THE UNITED STATES
The products at issue in the Complaint are multiple mode outdoor grills, that is, grills that
permit simultaneous cooking with gas and solid fuels, and parts thereof that infringe the asserted
patents. These products are sold for importation into the United States, imported into the United
States and/or sold in the United States after importation, at least, by proposed respondents
Academy, Ltd. d/b/a Academy Sports + Outdoors, The Brinkmann Corporation, Dongguan
Kingsun Enterprises Co., Ltd., GHP Group, Inc., Guangdong Canbo Electrical Co., Ltd., HEB
Grocery Company, LP d/b/a H-E-B, Kamado Joe Company, Keesung Manufacturing Co., Ltd.,
Krnart Corporation, Ningbo Huige Outdoor Products Co., Ltd., Ningbo Spring Communication
Technologies Co. Ltd., Outdoor Leisure Products, Inc., Rankam Group, Sears Brands
Management Corporation, Sears Holdings Corporation, Sears, Roebuck & Company, Tractor
Supply Company, W.f.;. Bradley Co., Wuxi Joyray International Corp., and Zhejiang Fudeer

Electric Appliance (collectively, "Respondents"). The accused products are outdoor
grills with two cooking units, the first for cooking with a gas-based fuel such as propane and the
second for cooking with a solid fuel such as charcoal or wood. The accused products are used
for outdoor food preparation and give the user the ability to use simultaneously different cooking
methods, that is, using a gas-based fuel on one food and a solid fuel on another food.
II. IDENTIFY ANY PUBLIC HEALTH, SAFETY, OR WELFARE
CONCERNS RELATING TO THE REQUESTED REMEDIAL ORDERS
The issuance of the requested relief, permanent limited exclusion orders and/or a general
exclusion order and cease and desist orders, would have no adverse effect on the public health,
safety or welfare in the United States. In general, concerns about a proposed remedy having a
negative impact on public health, safety or welfare have arisen in investigations involving
pharmaceuticals, medical equipment or green technology products, such as hybrid cars or solar
panels. For example, the Commission has previously concluded that access to necessary medical
equipment is a significant public interest consideration. See Certain Fluidized Supporting
Apparatus & Components Thereof, Inv. No. 337-TA-182/188, USITC Pub. 1667, Comm'n Op. at
23-25 (Oct. 1984).
The accused products are consumer products that provide a convenient method for
outdoor food preparation. Access to Respondents' infringing multiple mode outdoor grills does
2
not implicate any reasonably conceivable public health, safety or welfare concern. Indeed,
competitors in the outdoor grill industry have long offered and sold competing non-infringing
outdoor grills in the United States marketplace. Those competitive outdoor grills will still be
available in the United States marketplace should the requested relief be granted. The requested
relief is in the public interest because it would serve the purpose of enforcing U.S. intellectual
property rights and W \ i ~ l d protect the public from unfair competition.
,;!'_
III. IDENTIFY LI$ OR DIRECTLY COMPETITIVE
ARTICLES THAT COMPLAINANT, ITS LICENSEES, OR
THIRD PARTIES MAKE WHICH COULD REPLACE THE
SUBJECT ARTICLE IF THEY WERE TO BE EXCLUDED
A&J has the capacity to meet the demand for multiple mode outdoor grills should the
accused products that infringe the asserted patents be excluded from the United States.
Competitive non-infringing outdoor grills would be available from several of the Respondents as
well as third party companies, such as Weber. Consequently, consumers would have access to
competitive products from A&J and multiple other suppliers of outdoor grills.
IV. INDICATE WHETHER COMPLAINANT, COMPLAINANT'S LICENSEES,
AND/OR THIRD PARTY SUPPLIERS HAVE THE CAP A CITY TO
REPLACE THE VOLUME OF ARTICLES SUBJECT TO THE REQUESTED
REMEDIAL ORDERS IN A COMMERCIALLY REASONABLE TIME
As set forth above, A&J has the capacity to meet the demand for multiple mode outdoor
grills should the accused products that infringe the asserted patents be excluded from the United
States. Competitive non-infringing outdoor grills would be available from several of the
Respondents as well as third party companies, such as Weber. Accordingly, there will be a
sufficient supply of competitive products available in the United States should the accused
products be excluded from the United States.
3
V. STATE HOW THE REQUESTED REMEDIAL
ORDER WOULD IMPACT CONSUMERS
U.S. consumers will have available to them in the United States marketplace a wide
variety of outdoor grills, including genuine A&J Char-Griller brand outdo9r grills, should the
accused products be excluded from the United States. In light of the availability of these
commercial alternatives to the accused products, the exclusion of the infringing multiple mode
outdoor grills will impact U.S. consumers. Rather, the requested relief will serve
the public interest by enforcing U.S. intellectual property rights and protecting the public from
unfair competition.
Dated: August 21, 2013
CHAR 700013 .docx
Respect
oane
omas R. Burns, Jr.
ADDUCI, MASTRIANI & SCHAUl\1BERG, L.L.P.
113 3 Connecticut A venue, NW
Telephone: (202) 467-6300
Facsimile: (202) 466-2006
Lance D. Reich
Robert J. Carlson
LEE & HAYES, PLLC
701 Pike Street, Suite 1600
. Seattle, WA 98101
Telephone: (206) 315-4001
Facsimile: (206) 315-4004
Counsel for A&J Manufacturing, LLC and
A&J Manufacturing, Inc.
4
UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, DC
In the Matter of
CERTAIN MULTIPLE MODE
OUTDOOR GRILLS AND PARTS
THEREOF
Investigation No. 337-TA-_
~ .. -
~ ~
~ - VERIFIED COMPLAINT UNDER
:SECTION 337 OF THE TARIFF ACT OF 1930
COMPLAINANTS
A&J Manufacturing, LLC
2465 Demere Road
St. Simons, GA31522
(912) 638-4724
903 Lake Asbury Drive
Green Cove Springs, FL 32043
COUNSEL FOR COMPLAINANTS:
V. James Adduci II
Michael L. Doane
Thomas R. Burns, Jr.
ADDUCI, MASTRIANI & SCHAUMBERG LLP
113 3 Connecticut A venue, N. W.
Telephone: (202) 467-6300
Lance D. Reich
Robert J. Carlson
LEE & HAYES, PLLC
Seattle, WA 98101
Telephone: (206) 315-4001
PROPOSED RESPONDENTS
The Brinkmann Corporation
4215 McEwen Road
Dallas, TX 75244
(972)716-4262
W.C. Bradley Co.
1017 Front Avenue
Columbus, GA 31902
(706) 571-6080
GHP Group, Inc.
8280 N. Austin A venue
Morton Grove, IL 60053
(847) 324-5900
Kamado Joe Company
2865 N. Berkeley Lake Rd. NW.
Suite 6
Duluth, GA 30096
(678) 866-0642
Outdoor Leisure Products, Inc.
5400 Doniphan Drive
Neosho, MO 64850
(866) 475-5180
Rankam Group
1618 W. Rosecrans Avenue
Gardena, CA 90249
(31 0) 323-0888
Academy Ltd.
d/b/a/Academy Sports+ Outdoors
1800 North Mason Road
Katy, TX 77449
(281) 646-5200
HEB Grocery Company, LP
d/b/a H-E-B
646 South Main A venue
San Antonio, Texas 78204
(21 0) 93 8-8000
Kmart Corporation
3333 Beverly Road
Hoffman Estates, IL 60179
(847) 286-2500
Sears Brands Management Corporation
3333 Beverly Road
(847) 286-2500
Sears Holdings Corporation
3333 Beverly Road
(847) 286-2500
Sears, Roebuck & Company
3333 Beverly Road
(847) 286-2500
Tractor Supply Company
200 Powell Place
Brentwood, TN 37027
(615) 440-4854
Guangdong Canbo Electrical Co., Ltd.
No. 268 Qixin Road
Xingtan
Shunde District
Foshan City
Guangdong Province
CHINA
Chant Kitchen Equipment (HK), Ltd.
Suite 706, 7/F Rightful Centre 11-12
Tak Hing Street
Jordan, Kowloon
Hong Kong
CHINA
-1..-
t-
/_
.-:::
>';
Dongguan Kingsun Enterprises Co., Ltd.
Zone 2 Xicheng Industrial District
Shiyong Village
Hengli Town
Dongguan City
CHINA
Zhejiang Fudeer
Electric Appliance Co., Ltd.
No. 286, Kaifa Avenue
Taizhou Economic Development Zone
Zhejiang Province
CHINA
Ningbo Huige
Outdoor Products Co., Ltd.
Room 1406 Building #15
Huaxin International Business Center
Fenghua City
Zhejiang Province
CHINA
Keesung Manufacturing Co., Ltd.
No. 88 Yu W o Tou Road
Dong Chong Town
Panyu, Guangzhou 511475
CHINA
Ningbo Spring Communication
Technologies Co. Ltd.
No. 88 Qiming Road
Yingzhou Industrial Zone
Ningbo Zhejiang 315104
CHINA
Wuxi Joyray International Corp.
No. 12F, Chongan Building
369 Jiefang We Road
Wuxi, Jiangsu
CHINA
TABLE OF CONTENTS
I. INTRODUCTION ........................................................................................................... 1
II. THE PARTIES ................................................................................................................. 3
A. Complainants ................................................................................................................ 3
B. Respondents- U.S. Importers and Distributors ........................................................... 3
1. Brinla.nann ............................................................................................................... 3
2. Char-Broil ............................................................................................................... 4
3. Dyna.:6-lo ................................................................................................................. 4
4. Kamado;;'ioe ............................................................................................................. 4
5. Outdoor Leisure ...................................................................................................... 5
6. Rankam ................................................................................................................... 5
C. Respondents- Direct-Import Retailers ........................................................................ 5
1. Academy ................................................................................................................. 5
2. H-E-B ...................................................................................................................... 6
3. Kmart ...................................................................................................................... 6
4. Sears Brands ............................................................................................................ 6
5. Sears Holdings ........................................................................................................ 7
6. Sears ........................................................................................................................ 7
7. Tractor Supply ........................................................................................................ 7
D. Respondents- Chinese Manufacturers ......................................................................... 8
i. Canbo ...................................................................................................................... 8
2. Chant ................................................................. : ...................................................... 8
3. Dongguan King sun ................................................................................................. 9
4. Fudeer ..................................................................................................................... 9
5. Huige ....................................................................................................................... 9
6. Keesung ................................................................................................................. 10
7. Ningbo Spring ....................................................................................................... 10
8. Wuxi Joyray .......................................................................................................... 10
III. THE PATENTS AT ISSUE ........................................................................................... 11
A. United States Patent No. 8,381, 712 ............................................................................ 11
B. United States Patent No. D660,646 ................................................... : ........................ 11
C. United States Patent No. D662,773 ............................................................................ 12
D. Foreign Counterparts of the '712, '646 and '773 Patents ............................................ 12
E. Licensees Under the '712, '646 and '773 Patents ........................................................ 12
F. Non-Technical Description ofthe Patented Technologies ......................................... 13
G. Brief Summary ofthe '712 Patent Prosecution History .............................................. 15
IV. TIIE PRODUCTS AT ISSUE ....................................................................................... 17
A. A&J Multiple Mode Grills ......................................................................................... 17
1. Char-Griller Duo ................................................................................................... 18
2. Char-Griller Trio ................................................................................................... 18
3. King (}riller Double Play ............................................................. : ........................ 19
B. Infringing Products- U.S. Importers and Distributors ........................ 20
1. Brinkm.a)in ............................................................................................................. 20
2. Char-Broil ............................................................................................................. 21
3. Dyna-Glo ............................................................................................................... 22
4. Kamado Joe ........................................................................................................... 23
5. Outdoor Leisure .................................................................................................... 24
6. Rankam ................................................................................................................. 26
C. Respondent's Infringing Products- Direct-Import Retailers ..................................... 26
1. Academy ............................................................................................................... 26
2. H-E-B .................................................................................................................... 28
3. Kmart, Sears Brands, Sears Holdings and Sears ................................................... 29
4. Tractor Supply ...................................................................................................... 30
D. Respondents' Infringing Products- Chinese Manufacturers ...................................... 30
1. Canbo .................................................................................................. , ................. 30
2. Chant ............................................................... .' ..................................................... 31
3. Dongguan King sun ............................................................................................... 31
4. Fudeer ................................................................................................................... 31
5. Huige ..................................................................................................................... 31
6. Keesung ................................................................................................................. 32
7. Ningbo Spring ....................................................................................................... 32
8. Wuxi Joyray .......................................................................................................... 32
V. UNLAWFULACTS ...................................................................................................... 32
A. Respondents' Infringement of the '712 Patent (U.S. Importers and Distributors) ..... 32
1. Brinkmann ......................................................................... ...... ............................. 32
2. Char-Broil ..... , ....................................................................................................... 33
3. Dyna-Glo ............................................................................................................... 33
4. Kamado Joe ........................................................................................................... 34
ii
5. Outdoor Leisure .................................................................................................... 3 5
6. Rankam ................................................................................................................. 36
B. Respondents' Infringement of the '712 Patent (Direct-Import Retailers) ................... 37
1. Academy ...... .............. :.: .................................................................................... 37
2. H-E-B .................................................................................................................... 37
3. Tractor Supply ............................................. : ........................................................ 38
4. Kmart, Sears Brands, Sears Holdings and Sears ................................................... 38
C. Infringement of the '712 Patent (Chinese Manufacturers) ................... 38
1. Can bo .............................................................................................................. 3 8
2. Chant ..................................................................................................................... 39
3. Dongguan Kingsun ............................................................................................... 39
4. Fudeer ................................................................................................................... 40
5. Huige ..................................................................................................................... 40
6. Keesung ................................................................................................................. 41
7. Ningbo Spring ....................................................................................................... 41
8. Wuxi Joyray .......................................................................................................... 41
D. Respondents' Infringement of the '646 Patent (U.S. Importers and Distributors) ..... 43
1. Brinkmann ............................................................................................................. 43
2. Char-Broil ............................................................................................................. 43
3. Outdoor Leisure .................................................................................................... 43
4. Rankam .................................................................................................................. 44
E. Respondents' Infringement of the '646 Patent (Direct-Import Retailers) ................... 44
1. Academy ............................................................................................................... 44
F. Respondents' Infringement of the '646 Patent (Chinese Manufacturers) ................... 44
1. Canbo .................................................................................................................... 44
2. Huige ..................................................................................................................... 44
G. Respondents' Infringement of the '773 Patent (U.S. Importers and Distributors) ..... 45
1. Brinkmann ............................................................................................................. 45
2. Char-Broil ............................................................................................................. 45
H. Respondents' Infringement of the '773 Patent (Direct-Import Retailers) ................... 45
1. ._.. _. ......................... _,._ ..................... : .................. _ .............. ... _.; .................. _ ... 45
2. H-E-B .................................................................................................................... 46
I. Respondents' Infringement of the '773 Patent (Chinese Manufacturers) ................... 46
1. Huige ..................................................................................................................... 46
lll
VI. SPECIFIC INSTANCES OF Hv1PORTATION AND SALE ........................................ 4 7
A. U.S. Importers and Distributors .................................................................................. 48
1. Brinkmann ............................................................................................................. 48
2. Char-Broil ............................................................................................................. 48
3. Dyna-Glo ............................................................................................................... 49
4. Kamado Joe ........................................................................................................... 50
5. Outdoor Leisure .................................................................................................... 51
6. RankJh ................................................................................................................. 52
B. Direct-Impct,rt Retailers ............................................................................................... 53
1. Academy ............................................................................................................... 53
2. H-E-B .................................................................................................................... 54
3. Kmart .................................................................................................................... 54
4. Sears Brands .......................................................................................................... 55
5. Sears Holdings ...................................................................................................... 55
6. Sears ...................................................................................................................... 56
7. Tractor Supply ...................................................................................................... 57
C. Chinese Manufacturers ............................................................................................... 57
1. Canbo .................................................................................................................... 57
2. Chant ..................................................................................................................... 58
3. Dongguan Kingsun ........ : ...................................................................................... 58
4. Fudeer ................................................................................................................... 59
5. Huige ................................................................ ...................................................... 60
6. Keesung ................................................................................................................. 61
7. Ningbo Spring ....................................................................................................... 61
8. Wuxi Joyray .......................................................................................................... 62
VII. CLASSIFICATION OF THE INFRINGING PRODUCTS UNDER THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES .......................... 62
VIII. RELATED LITIGATION ............................................................................................. 62
IX. DOMESTIC INDUSTRY .............................................................................................. 63
A. Technical Prong .......................................................................................................... 63
1. The '712 Patent ............................................................................................... , ...... 63
2. The '646 Patent. ..................................................................................................... 64
3. The '773 Patent ...................................................................................................... 64
B. Economic Prong ......................................................................................................... 65
1. Significant Investment in Plant and Equipment... ................................................. 65
IV
2. Significant Employment of Labor and Capital ..................................................... 65
3. Substantial Investment in Exploiting the Patents-at-Issue .................................... 66
X. GENERAL EXCLUSION ORDER ............................................................................... 66
XL RELIEF REQUESTED .................................................................................................. 68
v
LIST OF EXHIBITS
Exhibit 1 U.S. PatentNo. 8,381,712
Exhibit 2 Assignment of U.S. Patent No. 8,381,712
Exhibit 3 U.S. Patent No. D660,646
Exhibit 4 Assignment ofU.S. Patent No. D660,646
Exhibit 5 U.S. Patent No. D662,773
Exhibit 6 Assignment of U.S. Patent No. D662,773
Exhibit 7 Declaration of Michael Hermes
Exhibit 8C
Declaration of John Lee Simms II

Exhibit 9 X:laim Chart: Infringement of'712 patent by Brinkmann 810-3800-S
Exhibit 10 Claim Chart: Infringement of '712 _l)atent by Brinkmann 810-3 821-SB
Exhibit 11 Claim Chart: Infringement of'712 patent by Char-Broil Model463724512
Exhibit 12 Claim Chart: Infringement of'712 patent by Char-Broil Oklahoma Joe
Combination Charcoal/Gas Longhorn Grill Model 12201767
Exhibit 13 Claim Chart: Infringement of '712 patent by Dy_na-Glo DGJ81 OCSB-D
Exhibit 14 Claim Chart: Infringement of'712]2atent by Dyna-Glo DGB730SNB-D
Exhibit 15 Claim Chart: Infringement of'712 patent by Kamado Joe ComboJoe 26"
Exhibit 16 Claim Chart: Infring_ement of'712 patent by Kamado Joe ComboJoe 32"
Exhibit 17 Claim Chart: Infringement of'712 patent by Outdoor Leisure Smoke Hollow
47180T
47183T
SH7000
7000CGS
1800CGS
Exhibit 22 Claim Chart: Infringement of'712 patent by Rankam Smoke Canyon GR2034205-
sc
Exhibit 23 Claim Chart: Infringement of'712 patent by Rankam Members Mark GR2071001-
MM
Exhibit 24 Claim Chart: Infringement of'712 patent by Academy Outdoor Gourmet Model
DLX2013
DLX2012
CG3023E
Exhibit 27 Claim Chart: Infringement of'712 patent by H-E-B Sear & Smoke Triad
Exhibit 28 Claim Chart: Infringement of '712 p_atent by Tractor Supply Model 1046761
Exhibit 29 Claim Chart: Infringement of'712 patent by Sears Kenmore Charcoal/Gas Combo
Grill Model611405
Exhibit 30 Claim Chart: Infringement of '646 patent by Brinkmann 810-3
.... .
Exhibit 31 Claim Chart: Infringement of '646 _12_atent by Brinkmann 81 0-3821-SB
Exhibit 33 Claim Chart: Infringement of '646 patent by Outdoor Leisure Smoke Hollow 1800
CGS
vi
Exhibit 34 Claim Chart: Infringement of '646 patent by Rank am Smoke Canyon GR2034205-
sc
Exhibit 35 Claim Chart: Infringement of'646 patent by Academy Outdoor Gourmet
CG3023E
Exhibit 36 Claim Chart: Infringement of'773 by Brinkmann 810-3821-SB
DLX2013
PLX2012
Exhibit 40 '"Claim Chart: Infringement of '773 patent by Academy Outdoor Gourmet

Exhibit 41 Claim Chart: Infringement of'773 patent by H-E-B Sear & Smoke Triad
Exhibit 42 Claim Chart demonstrating that Char-Griller Duo is covered by claims of the '712
patent
Exhibit 43 Claim Chart demonstrating that Char-Griller Trio is covered by claims of the '712
patent
Exhibit 44 Claim Chart demonstrating that King Griller Double Play is covered by claims of
the '712 patent
Exhibit 45 Claim Chart demonstrating that Char-Griller Duo is covered by the claim of the
'646 patent
Exhibit 46 Claim Chart demonstrating that Char-Griller Trio is covered by the claim of the
'646 patent
Exhibit 47 Claim Chart demonstrating that Char-Griller Duo is covered by the claim of the
'773 patent
Exhibit 48 Claim Chart demonstrating that Char-Griller Trio is covered by the claim of the
'773 _patent
Vll
LIST OF APPENDICES
Appendices to the Com plaint
Appendix
- - .. . . '
Description
A Prosecution History U.S. Patent No. 8,381,712
B Patents and technical references cited during prosecution of U.S. Patent No. 8,381,712
}-
c Prosecution History U.S. Patent No. D660,646
D Patentstand technical references cited during prosecution of U.S. Patent No. D660,646
E Prosecution History U.S. Patent No. D662,773
F Patents and technical references cited during prosecution of U.S. Patent No. D662,773
viii
I. INTRODUCTION
1. A&J Manufacturing, LLC, ("A&J, LLC") together with its affiliated entity A&J
Manufacturing, Inc. ("A&J, Inc.") (collectively, "Complainants") request that the United States
International Trade Commission commence an investigation pursuant to Section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 ("Section 337"), to remedy the unlawful
~ :
importation into the United States, sale for importation into United States, and/or sale within the
....... ..
. . ; _ ~
United States after importation of certain multiple mode outdoor grills, that is, grills that permit
simultaneous cooking with gas and solid fuels, and parts thereof, including those that display
design limitations that infringe valid and enforceable United States patents owned by A&J, LLC.
These accused simultaneous multiple cooking mode barbecue grills, including those that display
patented design limitations, are collectively referred to herein as the "accused products."
2. Proposed Respondents fall into three categories, and are grouped by category.
The first category includes six U.S.-based importers and distributors of accused products: The
Brinkmann Corporation ("Brinkmann"), W. C. Bradley Company ("Char-Broil"), GHP Group
Inc. ("Dyna-Glo"), Kamado Joe Company ("Kamado Joe"), Outdoor Leisure Products, Inc.
("Outdoor Leisure"), and Rankam Group ("Rankam"). The second category includes seven
direct-import retailers, that is, retail entities that import accused products directly from Chinese
manufacturers: Academy, Ltd. d/b/a Academy Sports + Outdoors ("Academy"), HEB Grocery
Company, LP d/b/a H-E-B ("H-E-B"), Kmart Corporation ("Kmart"), Sears Brands Management
Corporation ("Sears Brands"), Sears Holdings Corporation ("Sears Holdings") Sears, Roebuck &
Company ("Sears") and Tractor Supply Company ("Tractor Supply"). The third category
includes seven Chinese manufacturers of accused products sold for importation into the United
States: Guangdong Canbo Electrical Co., Ltd. ("Canbo"), Chant Kitchen Equipment (HK), Ltd.
1
("Chant"), Dongguan Kingsun Enterprises Co., Ltd. ("Dongguan Kingsun"), Zhejiang Fudeer
Electric Appliance Co., Ltd. ("Fudeer"), Ningbo Huige Outdoor Products Co., Ltd. ("Huige"),
Keesung Manufacturing Co., Ltd. (''Keesung"), -Ningbo Spring Communication Technologies
Co., Ltd. ("Ningbo Spring") and Wuxi Joyray International Corp. ("Wuxi Joyray"). These
Proposed Respondents (collectively, "Respondents"), import into the United States, sell for
r
importation into U n i ~ - ~ - States, and/or sell within the United States after importation, accused
:;.r, ..
products and parts thereof that infringe one or more ofthe following claims of U.S. Patent No.
8,381,712 ("the '712 pate_nt"): Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19 and
20. A certified copy ofthe '712 patent is attached as Exhibit 1 hereto.
3. Certain of Respondents' accused products also infringe one or more of the
following US design patents owned by A&J: U.S. Design Patent No. D660,646 ("the '646
patent") (Ex. 3); U.S. Design Patent No. D662, 773 ("the '773 patent") (Ex. 5).
4. The '712, '646 and '773 patents are referred to herein as the "Asserted Patents."
5. Complainants seek, as relief, a permanent general exclusion order or,
alternatively, a limited exclusion order barring from entry into United States infringing multiple-
mode outdoor grills, and parts thereof that infringe the asserted claims of the Asserted Patents.
Complainants also seek, as relief, cease and desist orders prohibiting the importation, sale, offer
for sale, advertising, packaging or the solicitation of any sale by Respondents of simultaneous
multiple cooking mode barbecue grills, and parts thereof, that infringe claims of the. Asserted
Patents.
2
II. THE PARTIES
A. Complainants
6. Complainant A&J, LLC is a Georgia corporation with its principal place of
business located at 2465 Demere Road, St. Simons, GA 31522.
7. A&J, LLC's business involves the design, development, manufacture, distribution
..c.-
and sale of barbectfe smokers, grills, and accessories sold under the well-known CHAR-
GRILLER Exhibit 8, Confidential Declaration of John Lee Simms, II 3-5
("Simms Dec!.").
8. Complainant A&J, Inc., a Florida Corporation, is an affiliated company under
common ownership and management with A&J, LLC, and is generally responsible for sales and
distribution of Char-Griller products. See id.
B. Respondents- U.S. Importers and Distributors
1. Brinkmann
9. On information and belief, Respondent Brinkmann is a corporation organized and
existing under the laws of the state of Texas, having its principal place of business at 4215
McEwen Road, Dallas, TX- 75244. Brinkmann sells for importation into the United States,
imports into the United States and/or sells within _the United States after importation, infringing
products including at least the Brinkmann 810-3821-SB model "Dual Function Gas Grill &
Charcoal Smoker" and _the 810-3100-S "Dual Function II Gas & Charcoal Grill." Brinkmann
maintains an Internet web site offering direct sales online, within the United States, of its outdoor
cooking products, including the accused products, at:
www. brinkmann-.net/products/outdoor _ cooking.aspx.-
3
2. Char-Broil
10. On information and belief, Respondent Char-Broil is a corporation organized and
existing under the hiws of the state or Georgia, having its principal place of business at 1 o 17
Front Ave., Columbus, GA 31902. Char-Broil sells for importation into the United States,
imports into the United States and/or sells within the United States after importation infringing
}- .
<r
products under the t t ~ ~ ~ m a r k CHAR-BROIL. Char-Broil's infringing products include at least
model numbers 463724512, and Oklahoma Joe Longhorn Grill Modell2201767.
3. Dyna-Glo
11. On information and belief, Respondent Dyna-Glo is a corporation organized and
existing under the laws of the state of Illinois, having its principal place of business at 8280 N.
Austin Ave., Morton Grove Illinois 60053. Dyna-Glo sells for importation into the United
States, imports into the United States and/or sells within the United States after importation,
infringing products under the trademark DYNA-GLO. Dyna-Glo's infringing products include at
least model numbers DGB730SNB-D and DGJ810CSB-D.
4. Kamado Joe
12. On information and belief, Respondent Kamado Joe is a corporation organized
and existing under the laws of the state of Georgia, having its principal place of business at 2865
N. Berkeley Lake Rd. NW, Suite 6, Duluth, GA 30096. Kamado Joe sells for importation into
the United States, imports into the United States and/or sells within the United States after
importation, products that directly infringe, or contribute to or induce infringement of the '712
patent, under the trademark KAMADOJOE. Kamado Joe's infringing products include at least
the ComboJoe 26" and 32" models
5. Outdoor Leisure
13. On information and belief, Respondent Outdoor Leisure is a corporation
organized and existing under the laws of the state of Missouri, having its principal place of
business at 5400 Doniphan Drive, Neosho, MO 64850. Outdoor Leisure sells for importation into
-
importation, i n f r i n g i f f ~ products under the Smoke Hollow trademark, including at least the
47180T, 47183T, 7000CGS, SH7000 and 1800 CGS models.
6. Rankam
14. On information and belief, Respondent Rankam is a corporation organized and
existing under the laws of the state of California, having its principal place of business at 1618
W. Rosecrans Ave., Gardena, CA 90249. Rankam sells for importation into the United States,
imports into the United States and/or sells within the United States after importation, infringing
products including at least the models Smoke Canyon GR2034205-SC and Members Mark
GR2071001-MM.
C. Respondents- Direct-Import Retailers
1. Academy
15. On information and belief, Respondent Academy is a corporation organized and .
existing under the laws of the state of Texas, having its principal place of business at 1800 N.
Mason Rd., Katy, TX 77449. Academy sells for importation into the United States, imports into
the United States and/or sells within the United States after importation, infringing products
under the trademark OUTDOOR GOURMET. Academy's infringing products include at least
-model numbers DLX2013, DLX2012 and CG3023E. Academy maintains an Internet web site
5
offering direct sale online within the United States of its outdoor cooking products, including the
accused products, at www.academy.com.
2. H-E-B
-----. - -. : - ~
16. On information and belief, Respondent H-E-B is a limited partnership organized
and existing under the laws of the state of Texas, and has a principal place of business at 646 S.
}---
.t'j.-
Main Ave., San Anton.{?.' TX 78204. H-E-B sells for importation into the United States, imports
in the United States and/or sells within United States after importation infringing products under
the trademark SEAR & SMOKE. H-E-B's infringing products include at least the Sear & Smoke
Triad model.
3. Kmart
17. On information and belief, Respondent Kmart is a corporation organized and
existing under the laws of the state of Michigan, and has a principal place of business at 3333
Beverly Rd., Hoffman Estates, IL 60179. Kmart sells for importation into the United States,
imports into the United States and/or sells within United States after importation infringing
products under the trademark KENMORE. Kmart's infringing products include at least model
number 611405. Kmart maintains an Internet web site offering direct sale online within the
United States of its outdoor cooking products, including the accused product, at
www.kmart.com. On information and belief, Kmart is a wholly-owned subsidiary of a wholly-
owned subsidiary of Sears Holdings.
4. Sears Brands
18. On information and belief, Respondent Sears Brands is a corporation organized
and existing under the laws of the state of Delaware, and has a principal place of business at
3333 Beverly Rd., Hoffman Estates, IL 60179. Sears Brands sells for importation into the United
6
States, imports into the United States and/or sells within United States after importation
infringing products under the trademark KENMORE. Sears Brands' infringing products include
at least model number 611405. On information and belief, Sears Brands is a wholly-owned
subsidiary of Sears Holdings.
5. Sears Holdings
if
19. On infurmation and belief, Respondent Sears Holdings is a corporation organized
and existing under the laws of the state of Delaware, and has a principal place of business at
3333 Beverly Rd., Hoffman Estates, IL 60179. Sears Holdings sells for importation into the
United States, imports into the United States and/or sells within United States after importation
infringing products under the trademark KENMORE. Sears Holdings' infringing products
include at least model number 611405.
6. Sears
20. On information and belief, Respondent Sears is a corporation organized and
existing under the laws of the state of New York, and has a principal place of business at 3333
Beverly Rd., Hoffman Estates, IL 60179. Sears sells for importation into the United States,
products under the trademark KENMORE. Sears' infringing products include at least model
number 611405. Sears maintains an Internet web site offering direct sale online within the
United States of its outdoor cooking products, including the accused product, at www.sears.com.
On information and belief, Sears is a wholly owned subsidiary of Sears Holdings.
7. Tractor Supply
21. On information and belief, Respondent Tractor Supply is a corporation organized
and existing under the laws of the state of Tennessee, and has a principal place of business at 200
7
Powell Pl., Brentwood, TN 37027. Tractor Supply sells for importation into the United States,
products under the trademark RED STONE. Tractor Supply's infringihgproducts inClude at least
model number 1046761. Tractor Supply maintains an Internet web site offering direct sale online
within the United States of its outdoor cooking products, including the accused product, at

D. Respondents- Chinese Manufacturers
1. Canbo
22. On information and belief, Respondent Canbo is organized under the laws of
People's Republic of China, and maintains its principal place of business at No. 268 Qixin Road,
Xintan, Shunde District, Foshan City, Guangdong Province, China. Canbo is a manufacturer of
outdoor cooking grills and parts thereof, and sells such products for importation into the United
States, imports such products into the United States and/or sells such products in the United
States after importation. Canbo manufactures certain infringing products sold within the United
States by Outdoor Leisure.
2. Chant
23. On information and belief, Respondent Chant is organized under the laws of the
People's Republic of China, and maintains its principal place of business at Suite 706, 7/F
Rightful Centre 11-12, Tak Hing Street, Jordan, Kowloon, Hong Kong, China. Chant is a
manufacturer of outdoor cooking grills and parts thereof, and sells such products for importation
into the United States, imports such products into the United States and/or sells such products in
the United States after importation. On information and belief, Chant manufactures certain
infringing products sold within the United States by Tractor Supply.
8
3. Dongguan Kingsun
24. On information and belief, Respondent Dongguan Kingsun is organized under the
laws of the People's Republic of China, and maintains its principal l a ~ ~ .. Pf business at Zone 2
Xichen Industrial District, Shiyong Village, Hengli Town, Dongguan City, China. Dongguan
Kingsun is a manufacturer of outdoor cooking grills and parts thereof, and sells such products for
.i.-
importation into the United States, imports such products into the United States and/or sells such
... ....
products in the Unite-d States after importation. Dongguan Kingsun manufactures certain
infringing products sold within the United States by Dyna-Glo.
4. Fudeer
25. On information and belief, Respondent Fudeer Ltd. is organized under the laws of
the People's Republic of China, and maintains its principal place of business at No. 286, Kaifa
Avenue, Taizhou Economic Development Zone, Zhejiang Province China. Fudeer is a
the United States after importation. Fudeer manufactures certain infringing products sold within
the United States by Char-Broil.
5. Huige
26. On information and belief, Respondent Huige is organized under the laws of the
People's Republic of China, and maintains its principal place of business at Room 1406, Building
#15, Huaxing International Business Center, Fenghua City, Zhejiang Province China. Huige is a
9
the United States after importation. Huige manufactures certain infringing products sold within
the United States by Academy and H-E-B.
6. Keesung
27. On information and belief, Respondent Keesung is organized under the laws of
the People's Republic of China, and maintains its principal place of business at No. 88 Yu Wo
Tou Road, Dong ChJiig Town, Panyu, Guangzhou, China. Keesung is a manufacturer of outdoor
-.-:- ~
cooking grills and parts thereof, and sells such products for importation into the United States,
imports such products into the United States and/or sells such products in the United States after
importation. Keesung manufactures certain infringing products sold within the United States by
Dyna-Glo.
7. Ningbo Spring
28. On information and belief, Respondent Ningbo Spring is organized under the laws
of the People's Republic of China, and maintains its principal place of business at No. 88 Qiming
Road, Yingzhou Industrial Zone, Ningbo, Zhejiang 315104, China. Ningbo Spring is a
the United States after importation.
8. Wuxi Joyray
29. On information and belief, Respondent Wuxi Joyray is organized under the laws
of the People's Republic of China, and maintains its principal place of business at No. 12F,
Chongan Building, 3'69 Jiefang We Road, Wuxi, Jiangsu, China. Wuxi Joyray is a manufacturer
'of outdoor cookirfg grills and parts thereof, and sells such products for importation into the
United States, imports such products into the United States and/or sells such products in the
10
United States after importation. Wuxi Joyray manufactures certain products that directly
infringe, or contribute to or induce infringement of the '712 patent, sold within the United States
by Kamado Joe.
Ill. THE PATENTS AT ISSUE
A. United States Patent No. 8,381,712
_i_-
30. The 1-i2 patent, entitled "Simultaneous Multiple Cooking Mode Barbecue Grill,"
issued on February 2 6 ~ - ~ ~ 1 3 , and names John Lee Simms, II as the inventor. A&J, LLC became
the owner of the '712 patent by assignment made and recorded on August 19, 2013. An
uncertified copy of the '712 patent assignment is attached as Exhibit 2. A certified copy of the
assignment will be submitted when it becomes available.
31. Together with this Complaint, Complainants have filed a certified copy and three
(3) additional copies of the prosecution history of the '712 patent (Application Serial
No.ll/193,320) as Appendix A. Complainants have filed four (4) copies of each patent and
technical reference identified in the prosecution history of the application leading to the issuance
of the '713 patent as Appendix B. A certified copy of the assignment will be submitted when it
becomes available.
B. United States Patent No. D660,646
32. The '646 patent, entitled "Pair of Lids for a Dual Grill," issued on May 29, 2012,
and names John Lee Simms, II, as the inventor. A certified copy of the '646 patent is attached to
the Complaint as Exhibit 3. A&J, LLC became the owner of the '646 patent by assignment made
and recorded on August 19, 2013. An uncertified copy ofthe '646 patent assignment is attached
as Exhibit 4. A certified copy of the assignment will be submitted when it becomes available.
11
(3) additional copies of the prosecution history of the '646 patent (Application Serial No.
29/392,019) as App.end1x C. Complainants have filed four (4) copies of each patent and
of the '646 patent as Appendix D.
?=
C. UniteO. States Patent No. D662,773
-;;::
_-:.; ..
34. The '773 patent, entitled "Set of Smoke Stacks for a Dual Grill," issued on July 3,
2012, and names John Lee Simms, II, as the inventor. A certified copy of the '773 patent is
attached to the Complaint as Exhibit 5. A&J became the owner of the '773 patent by assignment
made and recorded on August 19, 2013. An uncertified copy of the '773 patent assignment is
attached as Exhibit 6.
(3) additional copies of the prosecution history of the '773 patent (Application Serial No.
29,392,027) as Appendix E. Complainants have filed four (4) copies of each patent and
ofthe '773 patent as Appendix F.
D. Foreign Counterparts of the '712, '646 and '773 Patents
36. There are no foreign patents or foreign patent applications pending, filed,
abandoned, withdrawn or rejected corresponding to the '712 patent, the '646 patent, or the '773
patent.
E. Licensees Under the '712, '646 and '773 Patents
37. A&J, LLC has not licensed any of the patents-at-issue, other than implied licenses
extended to Co-Complainant A&J, Inc ..
12
F. Non-Technical Description of the Patented Technologies
38. Devotees of barbecue and outdoor grilling typically enjoy cooking food using
different methods of preparation. Frequently, users will grill food using a gas fuel such as
propane, but, depending upon the user's preferences and chosen cooking methods, a user may
wish to barbecue food using charcoal briquettes or another charcoal-based fuel, or may desire to
cook with a wood-B{sed fuel. But many users, particularly more experienced barbecue and
grilling enthusiasts, wish to simultaneously use different cooking methods, for example, grilling
one food using a gas fuel, and smoking or barbecuing another food with charcoal fuel.
39. Historically, these more experienced users did not use the same device for solid-
fuel barbecue and gas-fuel-based barbecue, as no suitable multiple-mode device was available in
the marketplace. Instead, barbecue and grilling enthusiasts that wanted to cook with different
fuels owned at least two different barbecue or grilling units, for example, one for gas and one for
charcoal. Efforts by some grill makers to offer a convertible, dual-purpose grill were
unsatisfactory. For example, one manufacturer offered a single grill fitted with gas burners that
could be reconfigured by the user for use with charcoal. But changing the unit from one fuel type
to another required removal of certain parts used in gas grilling, and insertion of a charcoal pan,
then full cleanout of ashes and spent charcoal and reinstallation of the previously-removed gas
parts to restore the gas-based grilling function. The effort required to convert the grill back and
forth greatly outweighed the convenience of having a single unit capable of both functions.
Additionally, of course, this convertible grill could not be used simultaneously for gas-based and
solid fuel-based cooking methods, but was instead confined to a choice of one or the other.
40. Thus, there was a long-felt and unsupplied need for a device that would eliminate
the need to own multiple grill units, yet permit the user to cook either with gas or charcoal, or
13
both simultaneously, without the effort of converting between the two. Mr. Simms solved this
problem by developing a simultaneous multiple-mode cooking grill mounted on a common
supporting structure, and this invention matter of the, '71ipatent.
41. Mr. Simms's development efforts also resulted in ornamental design features in
the lids and exhaust vents of its multiple-mode cooking grill, and these ornamental design
r
features are the of the '646 patent and the '773 patent. The '646 patent protects the
novel ornamental design for a pair of lids for a dual grill, as shown in solid lines in Figure 1 of
the '646 patent, below left, and as incorporated in the Char-Griller Duo, illustrated in the image
shown below right.
14
The other design patent, A&J, LLC's '773 patent, protects the novel ornamental design for a set
of smoke stacks for a dual grill. Figure 1 of the '773 patent is reproduced below left, showing the
ornamental smokestacks design in solid lines. This design is again incorporated in the Char-
Griller Duo product, as shown in the illustration below right.
G. Brief Summary of the '712 Patent Prosecution History
42. The application that became the '712 patent was filed on July 30, 2005. The
application claims the benefit of priority to U.S. provisional patent application Ser. No.
60/592,428, entitled "Simultaneous Multiple Cooking Mode Barbecue Grill," that was filed on
July 31, 2004, and to U.S. provisional patent application Ser. No. 60/592,429, entitled "Heating
of Radiant Materials for Preparation of Barbecue," that was filed on Jul. 31, 2004. The
application was filed with a non-publication request and therefore was not subject to publication
prior to issuance.
43. The application received a first office action on March 31, 2008 that rejected all
claims under 35 U.S.C. 102(b) in view of Kaplan (US Patent No. 2,817,331) and also in view of
Oliver (US Patent No. 6,189,528), as well as under 35 U.S. C. 103(a) in view of Oliver modified
15
I
'
!
I
by Ganard (US Patent No. 6,209,533). The patent owner filed a first amendment and response on
September 30, 2008.
44. The application then received a second and final office action on April 9,-2009,
rejecting the claims under 35 U.S.C. 102(b), as being anticipated by Johnston (US Patent No.
6,523,461), and under 35 U.S.C.t103(a) as obvious over Johnston in view ofVallejo (US Patent

No. 4,809,671). owner then filed an amendment and response thereto on September
._-:;."
9, 2009.
45. The application received a third non-final office action on November 4, 2009, in
which the claims were rejected under 35 U.S.C. 102(b) in view of Pepin (US Patent No.
3,802,413), in view ofMcLane (US Patent No. 4,878,477), and under 35 U.S.C. 103(a) in view
of Pepin as modified by Vallejo, and as modified by Williams (US Patent No. 6,557,545). The
patent owner filed a third amendment and response on AprilS, 2010.
46. The application received a fourth and final rejection on June 23, 2010, rejecting
the claims under 35 U.S.C. 103(a) as being unpatentable over McLane in view of Nemec (US
Patent No. 4,665,891), and in further view of Vallejo. The patent owner filed a fourth
amendment and response on April21, 2011.
47. The application received a fifth non-final office action on May 25, 2011, in which
the claims were rejected, inter alia, under 35 U.S.C. 103(a) as being unpatentable over McLane
in view of Nemec, and in further view ofDucate (US Patent No. 4,886,045), and in further view
of Ganard. The patent owner filed a fifth amendment and response on August 25, 2011.
48. The application received a sixth and final office action on December 6, 2011, in
which the claims were rejected under 35 U.S.C. 103(a)in view ofMcLane as modified by Cox
(US Patent No. 4,700,618), and in further view of Ducate. The patent owner filed a response
16
after final on January 31,2012, which was entered on February 10,2012. The patent owner filed
a Notice of Appeal to the Board ofPatent Appeals and Interferences on May 4, 2012. The patent
owner filed an Appeal Brief qn September 4, , .. ".'
49. In response to the Appeal Brief, a Notice of Allowance was issued on October 19,
2012, allowing the claims at issue. Specifically, the Examiner found:
-
As relfrds the invention recited in independent claims 22, 32, and
40, the c,p_mbination recited in the claim is novel and unobvious. Of
interest is appellant's argument regarding the
modification of McLane. Specifically, the arguments clearly
establish that such modification would render McLane's invention
unsatisfactory for its intended purpose. Appellant's arguments are
further convincing regarding the teaching away by McLane which
teaches away from the claimed invention and modifying references
in providing independent covers for the grills that are required to
be upwardly open and disposable. Yet another prior art reference
Oliver (6,189,528 - cited on the PT0-892 form mailed 3/31/08)
discloses a grill with dual chambers and independent covers, and
even mentions that either gas or solid fuel may be utilized.
Nevertheless, Oliver fails to disclose or make obvious multiple
distinct fuels at one time among other limitations required by the
claims. The prior art of record does not anticipate, nor make
obvious, the claimed invention, alone or in combination therewith.
This excerpt from the prosecution history may be found in Appendix A, page A&J000413.
IV. THE PRODUCTS AT ISSUE
A. A&J Multiple Mode Grills
50. The products at issue include Complainants' multiple-mode outdoor grills that
enable a user to cook food using either a gas-based fuel or a solid fuel such as charcoal or wood,
or use both modes simultaneously. Complainants' products are covered by the '712 utility patent,
and certain of its products also practice the '646 and '73 3 design patents.
17
1. Char-Griller Duo
51. A&J sells one model of its multiple-mode grill products under the trademark
CHAR-GRILLER DUO. The genuine Duo product includes a wheeled frame that supports a first
cooking unit, configured to use a gas-based fuel, with a grilling surface, hinged lid and exhaust.
Adjacent to this unit, on the support frame, is a second unit configured to use solid fuel such as
t
charcoal, and having- ~ s e p a r a t e hinged lid and exhaust. A gas-fueled side burner is included
adjacent to the gas cooking unit.
52. An image of Complainants' Char-Griller Duo is reproduced below:
2. Char-Griller Trio
53. A&J sells another embodiment of its multiple-mode grill product under the
trademark CHAR-GRILLER TRIO. This product incorporates all of the features of the Duo
product, and adds a smoker box adjacent to the charcoal cooking unit. The smoker box is
configured to supply heat and smoke to the charcoal unit for smoking food within that unit.
18
54. An image of Complainants' Char-Griller Trio is reproduced below. The smoker
box is shown on the right-hand side of the unit:
~ :
3. King Griller Double Play
55. Complainants sell another embodiment of its multiple-mode Grill product under
the trademark KING GRILLER DO,UBLE PLAY. Similar to the Char-Griller Duo, this product
includes a wheeled frame supporting a first cooking unit configured to use a gas-based fuel and
having a grilling surface, hinged lid and exhaust. A second adjacent unit disposed on the support
frame i ~ configured to use solid fuels such as charcoal, and has a separate hinged lid and exhaust.
Again, a gas-fueled side burner is positioned adjacent to the gas cooking unit.
56. An image of Complainants' King Griller Double Play is reproduced below:
19
B. Respondent's Infringing Products- U.S. Importers and Distributors
1. Brinkmann
57. On information and belief, Respondent Brinkmann sells for irhportation ~ n t o the
United States, imports into the United States and/or sells within the United States after
importation at least two models of accused products. The first is model number 810-3800-S,
C-
.'"
'>.-
comprising a wheelecrframe supporting a gas cooking unit with a grilling surface, hinged lid and
exhaust, together with a second, solid-fuel cooking unit with a separate hinged lid and exhaust.
An image of this model is reproduced below:
Brinkmann 810-3800-S
58. Additionally, Brinkmann sells for importation into the United States, imports into
the United States and/or sells within United States model number 810-3821-SB. In common with
the other accused Brinkmann product, this product comprises a wheeled support frame; disposed
upon the frame are a first cooking unit configured to cook with gas fuel and having a separately
20
openable cover and grill, together with a second, solid fuel cooking unit with its own
independent cover and grill. This Brinkmann model includes a side burner adjacent to the gas
cooking unit: as pictured below:
Brinkmann 810-3821-SB
2. Char-Broil
59. On information and belief, Respondent Char-Broil sells for importation into the
importation accused products, including the Char-Broil model 463724512, and the Oklahoma
Joe Combination Charcoal/Gas Longhorn Grill. Each product features a wheeled support
structure, disposed upon which are separate gas and charcoal cooking units, having hinged
21
covers, exhausts and separate grills. Each features a side burner; the Oklahoma Joe product also
includes a smoker box. Images of these two accused products are reproduced below:
Char-Broil463724512 Oklahoma Joe Longhorn
60. On information and belief, the model 463724512 is manufactured by Fudeer,
while the Oklahoma Joe Longhorn product is manufactured by an unknown entity in China.
3. Dyna-Glo
61. On information and belief, Respondent Dyna-Glo sells for importation into the
importation at least two models of accused products, the DGJ810CSB-D and the DGB730SNB-
D. Each of the accused Dyna-Glo models comprises a wheeled support structure supporting a
22
gas-fueled cooking unit and a charcoal-fueled cooking unit, each with separate hinged covers,
exhausts and grills. Images ofthese Dyna-Glo models are reproduced below:
DGJ810CSB-D DGB730SNB-D
62. On information and belief, model DGJ810CSB-D is manufactured in China by
Respondent Dongguan Kingsun. On information and belief, model DGB730SNB-D is
manufactured in China by Respondent Keesung.
4. Kamado Joe
63. On information and belief, Respondent Kamado Joe sells for importation into the
accused products, denominated the ComboJoe 26" and 32" models. Each ComboJoe model
comprises a wheeled support structure supporting a gas cooking unit, with separate cover, grill
and exhaust, along with a kamado-sty le ceramic charcoal cooking unit configured to cook with
solid fuel, having its own separate cover, grill and exhaust.
64. On information and belief, the entire ComboJoe product is manufactured in China
by Respondent Wuxi Joyray. Alternatively, on information and belief, the gas unit, together with
supporting structure customized to fit a kamado-style charcoal unit, is manufactured in China by
Respondent Wuxi Joyray, and these gas unit/supporting structure combinations are combined
23
with kamado-style charcoal units of unknown manufacture at a later time. Images of the
ComboJoe 26" and 32" units are reproduced below:
ComboJoe 26" ComboJoe 32"
5. Outdoor Leisure
65. On information and belief, Respondent Outdoor Leisure sells for importation into
importation multiple accused products under the trademark SMOKE HOLLOW.
66. The Outdoor Leisure Smoke Hollow 47180T and Smoke Hollow 47183T are
quite similar in appearance, structure and function. Each product comprises a wheeled support
structure supporting separate gas-fueled and charcoal-fueled cooking units, each with hinged
covers, exhausts and separate grills.
24
67. Each of these models features a side burner. Additionally, each includes a smoker
box disposed adjacent to the charcoal unit, and providing heat and smoke to the charcoal unit.
Images of each of these Smoke Hollow models are reproduced below:
Smoke Hollow 47180T Smoke Hollow 47183T
68. On information and belief, the Outdoor Leisure Smoke Hollow Models 47180T
and 47183T described above are manufactured in China by Respondent Dongguan Kingsun.
69. On information and belief, Respondent Outdoor Leisure further sells for
importation into the United States, imports into the United States and/or sells within United
States the Smoke Hollow Model SH7000, Model 7000CGS, and Model 1800CGS, all of which
comprise a wheeled support structure supporting separate gas-fueled and charcoal-fueled
cooking units, each with separate hinged covers, exhausts and grills. Images of each of these
Smoke Hollow models are reproduced below:
Smoke Hollow SH7000 Smoke Hollow7000CGS
25
Smoke Hollow 1800CGS
70. On information and belief, the Outdoor Leisure Smoke Hollow Models SH7000,
7000CGS and 1800CGS are manufactured in China by Respondent Canbo.
6. Rankam
71. On information and belief, Respondent Rankam sells for importation into the
~ - -
importation accusedtproducts including at least the Smoke Canyon GR2034205-SC and the
_ , ~ ..
-.;'"
Members Mark GR2071001-MM. Each product features a wheeled support structure, disposed
upon which are separate gas and charcoal cooking units, having hinged covers, exhausts and
separate grills.
72. An image of each Rankam product is reproduced below:
Smoke Canyon GR2034205-SC Members Mark GR2071001-MM
C. Respondent's Infringing Products- Direct-Import Retailers
1. Academy
73. On information and belief, Respondent Academy sells for importation into the
importation accused products, including at least three grill models that infringe A&J, LLC's
patent rights: the Outdoor Gourmet DLX2013, DLX2012 and CG3023E.
26
74. Each of the accused Academy models comprises a support frame with two
cooking units disposed on it; the first of the cooking units is configured to cook with gas, and the
second with a solid fuel such as charcoal.. Each unit ha.sa separ.ate grill ina separately openable
hinged cover, and at least one exhaust. The DLX2013 and DLX2012 models are somewhat
similar in appearance, as shown below:
if
DLX2013 DLX2012
75. Each of these products includes a side burner adjacent to the gas cooking unit.
Each unit also includes a smoker box adjacent to and communicating with the charcoal unit in
order to provide heat and smoke to food within the charcoal unit.
27
76. The third infringing Academy model is the CG3023E, again including the support
frame with separate, hinged-covered gas and charcoal grills with exhausts, plus a side burner and
smoker boxl as shown below:
Academy Outdoor Gourmet CG3023E
77. On information and belief, all three models of Academy products shown above
are manufactured in China by Respondent Huige.
2. H-E-B
78. On information and belief, Respondent H-E-B sells for importation into the
at least one accused product, the Sear & Smoke Triad Grill, yet another product comprising a
wheeled support structure supporting a gas cooking unit and charcoal cooking unit, each with
separate hinged covers, exhausts and grills, and also incorporating a side burner and smoker box.
28
79. On information and belief, the H-E-B Sear & Smoke Triad Grill is manufactured
in China by Respondent Huige. An image of the product is reproduced below:
H-E-B Sear & Smoke Triad
3. Kmart, Sears Brands, Sears Holdings and Sears
80. On information and belief, Respondents Kmart, Sears Brands and Sears are all
corporate entities under the common direction and control of Respondent Sears Holdings.
Respondents Kmart, Sears Brands, Sears Holdings and Sears sell for importation into United
States, import into the United States and/or sell within United States after importation at least
one accused product, the Kenmore model 611405. This product comprises a wheeled support
frame with independent gas and charcoal cooking units, covered by separate hinged lids, and
exhausts, plus a side burner. An image of the Kenmore model611405 is reproduced below:
Kenmore 611405
29
4. Tractor Supplv
81. On information and belief, Respondent Tractor Supply sells for importation into
importation at least one accused product, the Red Stone model1046761. This product comprises
a wheeled support frame with independent gas and charcoal cooking units, covered by separate
t
hinged lids, and plus a side burner, and with the addition of a smoker box adjacent to
and communicating with the charcoal unit. An image of the Tractor Supply product is
reproduced below:
Tractor Supply Red Stone Model1046761
D. Respondents' Infringing Products- Chinese Manufacturers
1. Canbo
82. On information and belief, Respondent Canbo sells for importation into the
United States, imports into the United States and/or sells after importation into the United States
accused products sold by Outdoor Leisure, described above, as Model Nos. SH7000, 7000CGS
and 1800CGS.
30
2. Chant
83. On information and belief, Respondent Chant sells for importation into the United
States, imports into the United States and/or sells after importation into the United States accused
-.. ,. '" ' . ,, ~ ~ ' .- . . . . .. .. .. -.' . .
products soldby Tractor Supply, described above, as Model No. 1046761.
3. Dongguan Kingsun
i ...-
-=-
84. On information and belief, Respondent Dongguan Kingsun sells for importation
into the United States, imports into the United States and/or sells after importation into the
United States accused products sold by Dyna-Glo, described above, as Model No. DGJ810CSB-
D.
4. Fudeer
85. On information and belief, Respondent Fudeer sells for importation into the
accused products sold by Char-Broil, described above, as Model No. 463724512.
5. Huige
86. On information and belief, Respondent Huige sells for importation into the United
r
products sold by Academy, described above, as Model Nos. DLX2012, DLX2013 and
CG3023E.
87. On information and belief, Respondent Huige sells for importation into United
products sold by H-E-B, described above, as the Sear & Smoke Triad.
31
!
'
!
. 1
6. Keesung
88. On information and belief, Respondent Keesung sells for importation into the
United States, imports into the United''Statesandlor sells'after importation into the United States
accused products sold by Dyna-Glo, described above, as Model No. DGB730SNB-D.
7. Ningbo Spring
;_-- . .
89. On infu!"ffiation and belief, Respondent Ningbo Spring sells for importation into
the United States, imports into the United States and/or sells after importation into the United
States accused products sold by Kmart, Sears Brands, Sears Holdings and Sears, described
above, as the Kenmore Charcoal/Gas Combo Grill, Model No. 611405.
8. Wuxi Joyray
90. On information and belief, Respondent Wuxi Joyray sells for importation into the
accused products sold by Kamado Joe, described above, as the ComboJoe 32" and 26" models.
V. UNLAWFUL ACTS
A. Respondents' Infringement of the '712 Patent (U.S. Importers and
Distributors)
1. Brinkmann
91. On information and belief, units ofthe Brinkmann Model 810-3800-S, sold for
importation into the United States, imported into the United States and/or sold after importation
in the United States, infringe claims 1, 4, 6, 7, 9, 10, 13, 15, 16 and 17 ofthe '712 patent. A claim
chart that applies each of these claims to the accused product is attached to this Complaint as
Exhibit 9.
92. On information and belief, units of the Brinkmann Model 810-3821-SB, sold for
32
in the United States, infringe claims 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19 and 20
of the '712 patent. A claim chart that applies each of these claims to the accused product is
attached to this Complaint as Exhibit 10.
2. Char-Broil
93. On information and belief, units of the Char-Broil Model 463724512 sold for
importation into the fJnited States, imported into the United States and/or sold after importation
... ' : ;
in the United States, infringe claims 1, 2, 4, 5, 6, 7, 8, 10, 11, 13, 14 and 15 ofthe '712 patent. A
claim chart that applies each of these claims to the accused product is attached to this Complaint
as Exhibit 11.
94. On information and belief, units of the Char-Broil Oklahoma Joe Combination
Charcoal/Gas Longhorn Grill, Model 12201767 sold for importation into the United States,
imported into the United States and/or sold after importation in the United States, infringe claims
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 ofthe '712 patent. A claim
Exhibit 12.
3. Dyna-Glo
95. On information and belief, units of the Dyna-Glo DGJ810CSB-D sold for
in the United States, infringe claims 1, 2, 4, 6, 7, 8, 9, 10, 11, 13, 15 and 16 ofthe '712 patent. A
claim chart that applies each of these claims to the accused product is attached to this Complaint
as Exhibit 13.
96. On information and belief, units of the Dyna-Glo DGB730SNB-D sold for
33
Exhibit 14.
,, -- .,-
4. Kamado Joe
97. On information and belief units of the Kamado Joe ComboJoe 26" and 32"
},-
models, or parts thereof, sold for importation into the United States, imported

into the United States and/or sold after importation in the United States, infringe directly, or
contribute to or induce infringement of, claims 1, 4, 6, 8, 9, 10 and 13 of the '712 patent. A
claim chart that applies each of these claims to the accused ComboJoe 26" product is attached to
this Complaint as Exhibit 15.
98. A claim chart that applies each of these claims to the accused ComboJoe 32"
product is attached to this Complaint as Exhibit 16.
99. On information and belief, components of the ComboJoe 26" and 32" units that
feature a gas grill in combination with a table custom sized to hold a kamado-style charcoal
grilling unit are especially made or especially adapted so as to be used with kamado-style
charcoal units within the scope of the '712 patent. Said gas grill/table units constitute a material
part of the invention of the '712 patent, and such components are not staple articles of commerce,
and such components have no substantial non-infringing use.
100. On information and belief, Respondent Kamado Joe offers for sale and sells the
gas grill/table unit in combination with a kamado-style charcoal grill unit, and thus Respondent
Kamado Joe directly infringes the '712 patent. Alternatively, retailers and/or purchasers of
Kamado Joe ComboJoe grills combine the gas grill/table unit with a kamado-style charcoal grill
34
unit, and offer for sale, sell and/or use the completed structure for multiple-mode barbecue
cooking purposes; thus, these retailers and/or purchasers directly infringe the '712 patent.
101. On information and belte:t: when Respondent Kamado Joe offers for sale and sells
gas grill/table units, Respondent Kamado Joe does these acts with knowledge and explicit
intention that said gas grill/table units will be combined with kamado-style charcoal grill units,
.i.-
and Respondent Kafflado Joe does these acts with knowledge of the '712 patent, and with
... eM
knowledge that said gas' grill/table units are especially made or especially adapted to be used in a
manner that infringes the '712 patent, and are not staple articles of commerce capable of
substantial non-infringing use.
5. Outdoor Leisure
102. On information and belief, units of the Outdoor Leisure Smoke Hollow Model
47180T sold for importation into the United States, imported into the United States and/or sold
after importation in the United States, infringe claims 1, 2, 3, 4, 5,6, 7, 8, 9, 10, 11, 12, 13, 14,
15 artd 16 of the '712 patent. A claim chart that applies each of these claims to the accused
47183T sold for importation into the United States, imported into the United States and/or sold
after importation in the United States, infringe claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15 and 16 of the '712 patent. A claim chart that applies each of these claims to the accused
SH7000 sold for importation into the United States, imported into the United States and/or sold
35
105. On informatio:q. units of the Outdoor Leisure Smoke Hollow Model
7000CGS sold for importation into the United States, imported into the United States and/or sold
{.-

15 and 16 of the A claim chart that applies each of these claims to the accused
6. Rankam
107. On information and belief, units ofthe Rankam Smoke Canyon GR2034205-SC
sold for importation into the United States, imported into the United States and/or sold after
importation in the United States, infringe claims 1, 2, 4, 5, 6, 7, 8, 10, 11, 13, 14 and 15 ofthe
'712 patent. A claim chart that applies each of these claims to the accused product is attached to
108. On information and belief, units of the Rankam Members Mark GR 2071001-MM
importation in the United States, infringe claims 1, 2, 4, 5, 6, 7, 8, 10, 11, 13, 14 and 15 ofthe
'712 patent. A claim chart that applies. each o'fth.ese claims to the accused product is attached to
36
B. Respondents' Infringement of the '712 Patent (Direct-Import Retailers)
1. Academy
109. On information and belief, units of .the Academy Gow:met DLX20 13,
importation in the United States, infringe claims 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of
i;..-
the '712 patent. A chart that applies each of these claims to the accused product is attached

to this Complaint as Exhibit 24.
110. On information and belief, units of the Academy Outdoor Gourmet DLX2012,
the '712 patent. A claim chart that applies each of these claims to the accused product is attached
111. On information and belief, units of the Academy Outdoor Gourmet CG3023E,
2. H-E-B
112. On information belief, units of the H-E-B Sear & Smoke Triad sold for
in the United States, infringe claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 ofthe
'712 patent. A claim chart that applies each of these claims to the accused product is attached to
37
3. Tractor Supply
113. On information and belief, units of the Tractor Supply Red Stone Model1046761
.. sold for importation into the United States, imported into the United States and/or sold after
importation in the United States, infringe claims 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13; 15 and 16 of
}:-
.. ,__
to this Complaint as E _ ~ i b i t 28.
~
4. Kmart, Sears Brands, Sears Holdings and Sears
114. On information and belief, units of the Kenmore model 611405 sold for
Exhibit 29.
C. Respondents' Infringement of the '712 Patent (Chinese Manufacturers)
1. Canbo
SH7000, manufactured by Canbo in China and sold for importation into the United States,
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the '712 patent. The claim chart,
introduced above, applying each of these claims to the accused product is attached to this
Complaint as Exhibit 19.
7000CGS, mam.ifactured by Canbo in China and sold for importation into the United States,
38
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the '712 patent. The claim chart,
1800CGS, manufactured by Canbo in China and sold for importation into the United States,
..!;.-
imported into the Un:fted States and/or sold after importation in the United States, infringe claims
1, 2, 3, 4, 5, 6, 7, 8 ~ ~ ~ 10, 11, 12, 13, 14, 15 and 16 of the '712 patent. The claim chart,
Complaint as Exhibit 2 L
2. Chant
118. On information and belief, units ofthe Tractor Supply Red Stone Model1046761,
manufactured by Chant in China and sold for importation into the United States, imported into
the United States and/or sold after importation in the United States, infringe claims 1, 2, 3, 4, 6,
7, 8, 9, 10, 11, 12, 13, 15 and 16 ofthe '712 patent. The claim chart, introduced above, applying
each of these claims to the accused Tractor Supply product is attached to this Complaint as
Exhibit 28.
3. Dongguan Kingsun
119. On information and belief, units of the Dyna-Glo DGJ81 OCSB-D, manufactured
by Dongguan Kingsun in China and sold for importation into the United States, imported into the
United States and/or sold after importation in the United States, infringe claims 1, 2, 4, 6, 7, 8, 9,
10, 11, 13, 15 and 16 of the '712 patent. The claim chart, introduced above, applying each of
these claims to the accused Dyna-Glo product is attached to this Complaint as Exhibit 13.
39
4. Fudeer
120. On information and belief, units of the Char-Broil Model 463724512
manufactured b)'Fudeer in China -and sold for importation into the United States, imported into
7, 8, 10, 11, 13, 14 and 15 ofthe '712 patent. The claim chart, introduced above, applying each of
>-
ci.,-
these claims to the product is attached to this Complaint as Exhibit 11.
0

5. Huige
121. On information and belief, units of the Academy Outdoor Gourmet DLX 2013,
manufactured by Huige. In China and sold for importation into the United States, imported into
each of these claims to the accused product is attached to this Complaint as Exhibit 24.
manufactured by Huige in China and sold for importation into the United States, imported into
the United States and/or sold after importation in United States, infringe claims 1, 2, 3, 4, 6,
40
124. On information belief, units of the H-E-B Sear & Smoke Triad manufactured by
Huige in China and sold for importation into the United States, imported into the United States
and/or sold after importation in the United States, infringe claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15 and 16 ofthe '712 patent. The claim chart, introduced above, applying each of
these claims to the accused product is attached to this Complaint as Exhibit 27.
6.
~ -
C-Keesung
125. On information and belief, units of the Dyna-Glo DGB730SNB-D manufactured
by Keesung in China and sold for importation into the United States, imported into the United
States and/or sold after importation in the United States, infringe claims 1, 4, 6, 7, 8, 9, 10, 13, 15
and 16 ofthe '712 patent. The claim chart, introduced above, applying each ofthese claims to the
accused product is attached to this Complaint as Exhibit 14.
7. Ningbo Spring
126. On information belief, units of the Kenmore Charcoal/Gas Combo Grill, Model
611405, manufactured by Ningbo Spring in China and sold for importation into the United
States, imported into the United States and/or sold after importation in the United States, infringe
claims 1, 2, 4, 6, 7, 8, 10, 11, 13, and 15 ofthe '712 patent. The claim chart, introduced above,
applying each of these claims to the accused product is attached to this Complaint as Exhibit 29.
8. VVuxiJoyray
127. On information and belief units of the Kamado Joe ComboJoe 26" and 32"
models, or parts and components thereof, manufactured by Wuxi Joyray in China and sold for
in the United States; infringe directly, or contribute to or induce infringement of, claims 1, 4, 6,
41
8, 9, 10 and 13 of the '712 patent. The claim charts, introduced above, applying each of these
claims to the accused 26" and 32" products are attached to this Complaint as Exhibits 15 and 16.
128. On information and belief, the ComboJoe 26'' and 32" units,
manufactured by Wuxi Joyray, that feature a gas grill in Combination with a table custom sized
to hold a kamado-style charcoal grilling unit are especially made or especially adapted so as to
_.-
';..-
be used with kamad6-.;.:gle charcoal units within the scope of the '712 patent. Said gas grill/table

units constitute a material part of the invention of the '712 patent, and such components are not
staple articles of commerce, and such components have no substantial non-infringing use.
129. On information and belief, Respondent Wuxi Joyray sells for importation into the
United States, imports and/or sells in the United States a gas grill and custom-sized table unit in
combination with a kamado-style charcoal grill unit, the combination constituting an apparatus
that infringes the '712 patent.
130. Alternatively, on information and belief, Respondent Kamado Joe offers for sale
and sells Wuxi Joyray's gas grill and custom-sized table unit in combination with a kamado-style
charcoal grill unit, and thus Respondent Kamado Joe directly infringes the '712 patent.
Alternatively, on information and belief, retailers and/or purchasers of Kamado Joe ComboJoe
grills combine the gas grill/table unit with a kamado-style charcoal grill unit, and use the
. completed structure for multiple-mode barbecue cooking purposes; thus, these retailers and/or
purchasers directly infringe the '712 patent.
131. On information and belief, when Respondent Wuxi Joyray offers for sale and sells
for importation gas grill/table units, imports and/or offers for sale and sells in the United States
after importation, Respondent Wuxi Joyray does these acts with knowledge and explicit intention
that said gas grill/table units will be combined with kamado-style charcoal grill units, and
42
Respondent Wuxi Joyray does these acts with knowledge that said gas grill/table units are
especially made or especially adapted for use that infringes the '712 patent.
D. Respondents' Infringement of the '646 Patent (U.S. Importers and
Distributors)
1. Brinkmann
132. On inl9rmation and belief, uriits of the Brinkmann Model 810-3800-S, sold for
' ,_
in the United States, infringe the claim of the '646 patent. A claim chart that applies this claim to
the accused product is attached to this Complaint as Exhibit 30.
the accused product is attached is Complaint as Exhibit 31.
2. Char-Broil
imported into the United States and/or sold after importation in the United States, infringe the
claim of the '646 patent. A claim chart that applies this claim to the accused product is attached
3. Outdoor Leisure
after importation in the United States, infringe the claim of the '646 patent. A claim chart that
applies this claim to the accused product is attached to this Complaint as Exhibit 33.
43
4. Rankam
136. On information and belief, units of the Rankam Smoke Canyon GR2034205-SC
sold for importation into the United States, imported into the United States a:nd/of sold after
importation in the United States, infringe the claim of the '646 patent. A claim chart that applies
this claim to the accused product is attached to this Complaint as Exhibit 34.
L-
k.-
E. Infringement of the '646 Patent (Direct-Import Retailers)
1. Academy
F. Respondents' Infringement of the '646 Patent (Chinese Manufacturers)
1. Canbo
1800CGS manufactured by Canbo in China and sold for importation into the United States,
infringe the claim of the '646 patent. The claim chart, introduced above, applying this claim to
2. Huige
the United States and/or sold after importation in the United States, infringe the claim of the '646
patent. The claim chart, introduced above, applying this claim to the accused product is attached
44
G. Respondents' Infringement of the '773 Patent (U.S. Importers and
Distributors)
1. Brinkmann
' ' . .' .. ' .
in the United States,_,ffringe the claim of the '773 patent. A claim chart that applies this claim to
the accused product to this Complaint as Exhibit 36.
2. Char-Broil
imported into the United States and/or sold after importation in the United States, infringe the
claim of the '773 patent. A claim chart that applies this claim to the accused product is attached
H. Respondents' Infringement of the '773 Patent (Direct-Import Retailers)
1. Academy
importation in the United States, infripge c_laim of the '?73 patent. A claim chart that applies
45
2. H-E-B
}-
......
145. On information and belief, units of the H-E-B Sear & Smoke Triad sold for
I. Respondents' Infringement of the '773 Patent (Chinese Manufacturers)
1. Huige
the United States and/or sold after importation in the United States, infringe the claim ofthe '773
patent. The claim chart, previously introduced, applying this claim to the accused product is
14 7. On information and belief, units of the Academy Outdoor Gourmet DLX 2012,
the United States and/or sold after importation in the United States, infringe the claim of the '773
148. On information arid belief, units of the Academy Outdoor Gourmet CG3023E,
46
the United States and/or sold after importation in the United States, infringe the claim ofthe '773
149. On information belief, units of the H-E-B Sear & Smoke Triad manufactured by
Huige in China and sold for importation into the United States, imported into the United States.
and/or sold after impfrtation in the United States, infringe the claim ofthe '773 patent. The claim
chart, previously introduced, applying this claim to the accused product is attached to this
VI. SPECIFIC INSTANCES OF IMPORTATION AND SALE
150. On information and belief, the Respondents are and will continue importing,
selling for importation and/or selling within the United States after importation simultaneous
multiple cooking mode barbecue grills that infringe one or more of the Asserted Patents in
violation of Section 337.
151. For each accused product, Char-Griller has obtained information evidencing the
importation, sale for importation, and/or sale in the United States after importation by one or
more respondent. That evidence includes: importation and shipping documentation that shows
the grills were imported; evidence of the sale and/or offer for sale in the United States; pictures
of accused products, marked as having been made abroad, being sold in the United States
through various retail outlets; and representative samples of certain of the accused products that
were purchased in the United States. A detailed description of the steps Char-Griller took to
procure this evidence is set forth in the Declaration of Michael Hermes in Support of Complaint,
..
attached as Exhibit 7 to the Complaint ("Hermes Decl."). Specific instances of sale for
importation, importation and/or sale within the United States after importation of infringing grills
47
by the Respondents are set forth below. These examples are exemplary in nature and not
intended to restrict the scope of any exclusion order or other remedy the Commission may order.
A. U.s: Importers and Distributors
1. Brinkmann
152. Grills that infringe one or more ofthe Asserted Patents are imported, sold for
1 ' ~ -
~
importation and/or sol<! within the United States after importation by Respondent Brinkmann.
~ ~ ; .
153. Respondent Brinkmann's Dual Function 3-Burner Grills, Model No. 810-3821-S,
and Dual Function II Propane Gas and Charcoal Grills, Model No. 810-3800S, are available for
purchase in the United States and are marked "Made in China." See Hermes Dec!., Sections A
and B ~ ~ 5-14.
154. On June 11, 2013, a Dual Function 3-Burner Grill, Model No. 810-3821-S, and a
Dual Function II Propane Gas and Charcoal Grill, Model No. 810-3800S, were purchased in the
United States through retailer Home Depot, at www.homedepot.com. See id. ~ ~ 8, 13. The
product packaging indicates the grills were made in China. See id.
2. Char-Broil
155. On information and belief, grills that infringe one or more ofthe Asserted Patents
are imported, sold for importation, and/or sold within the United States after importation by
Respondent Char-Broil.
156. At least 163 of Respondent Char-Broil's Gas & Charcoal Duo Grill Combos,
Model No. 463724512, were imported into the United States. See Hermes Decl., Section G ~
45. Respondent Char-Broil's Gas & Charcoal Duo Grill Combos, Model No. 463724512, are
"availab1e for purchase on the website, www.charbroil.com, and at retail at Academy stores. See
id. ~ ~ 47-48.
48
157. On information and belief, Respondent Char-Broil has imported, sold for
importation and/or sold within the United States after importation at least one Char-Broil Brand
Gas & Charcoal Duo Grill Combo, Model No. 463724512.
158. At least 136 of Respondent Char-Broil's Oklahoma Joe Longhorn Charcoal/Gas
Smokers, Model No. 12201767, were imported into the United States. See id., Section H ~ 5 0 .
,::_
Respondent Char-Br6il's Oklahoma Joe Longhorn Charcoal/Gas Smokers, Model No. 12201767,
are available for purchase at retail, at Academy stores. See id. ~ 5 2 .
159. On information and belief, Respondent Char-Broil has imported, sold for
importation, and/or sold within the United States after importation, at least one Char-Broil Brand
Oklahoma Joe Longhorn Charcoal/Gas Smoker, Model No. 12201767.
3. Dyna-Gio
160. Grills that infringe one or more of the Asserted Patents are imported, sold for
importation, and/or sold within the United States after importation by Respondent Dyna-Glo.
161. On July 16, 2013, a Dyna-Glo Dual Fuel Grill, Model No. DGJ810CSB-D, was
purchased in the United States through retailer Home Depot, at www.homedepot.com. See
Hermes Decl., Section 0 ~ ~ 90-91. The product packaging indicates the grill was made in
China. See id
162. Respondent Dyna-Glo is listed as the consignee on a shipment of at least 240 dual
fuel grills that were imported into the United States on April29. 2013. See id. ~ 89. Respondent
Dyna-Glo is also listed as the consignee of a shipment of DGB730SNB-D dual fuel grills that
were imported into the United States on May 29, 2013. See id., Section P ~ 93 GHP Group,
Inc.'s Dyna-Glo Brand 3 Burner (36000 B-TU) Liquid Propane Gas Grill with Side Burner,
Model No. DGJ810CSB-D and Dyna-Glo Brand 2 Burner (24000 BTU) Liquid Propane Gas
49
Grill, Model No. DGB730SNB-D, are available for purchase in the United States through
various online retailers, including Home Depot, Lowe's, and Walmart. See id., Sections 0 and P.
163: On information Resp'ondent Dyna-Glo (GHP Group, Inc. has imported,
sold for importation, and/or sold within the United States after importation at least one unit of
each ofthe following model grills: Dyna-Glo Brand 3 Burner (36000 BTU) Liquid Propane Gas
t
Grillwith Side No. DGJ810CSB-D, and Dyna-Glo Brand 2 Burner (24000 BTU)
.. ,.,:

Liquid Propane Gas Grill, Model No. DGB730SNB-D.
4. Kamado Joe
164. On information and belief, grills that directly infringe, or contribute to
infringement of or induce infringement of, one or more of the Asserted Patents are imported,
sold for importation, and/or sold within United States after importation by Respondent Kamado
Joe.
165. On information and belief, Respondent Kamado Joe's ComboJoe 26" grills,
Model No. CGJ26, and ComboJoe 32" grills, Model No. CGJ32, or components thereof, are
manufactured in China and imported into the United States. ComboJoe 26" grills, Model No.
CGJ26, and ComboJoe 32" grills, Model No. CGJ32, are available for purchase in the United
States. See Hermes Decl., Sections T and U.
166. On information and belief, components ofthe ComboJoe 26" and 32" units that
feature a gas grill in combination with a table custom-sized to hold a kamado-style charcoal
grilling unit are especially made or especially adapted so as to be used with kamado-style
charcoal units within the scope of the '712 patent, and such components are not staple articles of
' .. ' ... _ - ..... - - \"
commerce, and such components have no substantial non-infringing use.
50
167. On information and belief, Respondent Kamado Joe offers for sale and sells the
gas grill/table unit in combination with a kamado-style charcoal grill unit, and thus Respondent
Kamado Joe directly infringes the '712 patent. Alternatively, and/or purchasers of
Kamado Joe ComboJoe grills combine the gas grill/table unit with a kamado-style charcoal grill
unit, and use the completed structure for multiple-mode barbecue cooking purposes; thus, these
1'..-
retailers and/or purcl{{isers directly infringe the '712 patent.

168. On and belief, when Respondent Kamado Joe offers for sale and sells
gas grill/table units, Respondent Kamado Joe does these acts with knowledge and explicit
intention that said gas grilVtable units will be combined with kamado-style charcoal grill units,
and Respondent Kamado Joe does these acts with knowledge that said gas grill/table units are
especially made or especially adapted for use that infringes the '712 patent.
169. On information and belief, Respondent Kamado Joe has imported, sold for
importation, and/or sold within the United States after importation at least one ComboJoe 26"
grill, Model No. CGJ26, and at least one ComboJoe 32" grill, Model No. CGJ32.
5. Outdoor Leisure
170. On information and belief, grills that infringe one or more of the Asserted Patents
Respondent Outdoor Leisure.
171. Respondent Outdoor Leisure's Smoke Hollow Gas/Charcoal Smoker Grills,
Model No. SH7000, Smoke Hollow Tri-Mate. Gas and Charcoal Smoker Grill, Model No.
7000CGS, and Smoke Hollow Gas/Charcoal Smoker Grill, Model No. 1800CGS, are available
for purchase in the United States and are marked "Made in China." See Hermes Decl., Sections
L,MandN.
51
172. Respondent Outdoor Leisure was the consignee of a shipment of Smoke Hollow
[Tri-Mate] Gas/Charcoal Smoker Grills, Model No. 47180T, that were imported into the United
States. See id, Section J 1 59.
'";--
173. On information and belief, Respondent Outdoor Leisure imported these grills,
sold them to retailers Sam's Club, Orchard Supply and Gander Mountain for importation, or sold
}:
them in the United ~ ~ ~ e s after importation through retailers Sam's Club, Orchard Supply and
.-::,
Gander Mountain. See id 11 61-65. Smoke Hollow 4-in-1 Combo Grills, Model No. 47183T,
have replaced Smoke Hollow [Tri-Mate] Gas/Charcoal Smoker Grills, Model No. 47180T. See
id, 66.
174. Smoke Hollow 4-in-1 Combo Grills, Model No. 47183T, are available for
purchase in the United States through retailer Sam's Club's website, www.samsclub.com. See
id, Section K 11 67-68.
175. On information and belief, Respondent Outdoor Leisure, has imported, sold for
importation, and/or sold within the United States after importation at least one Smoke Hollow
[Tri-Mate] Gas/Charcoal Smoker Grill, Model No. 47180T, and at least one Smoke Hollow 4-in-
1 Combo Grill, Model No. 47183T.
6. Rankam
Respondent Rankam.
177. Respondent Rankam's Smoke Canyon Brand Trio Grill, Model No. GR2034205-
SC, are imported from China and are available for purchase in the United States in Bass Pro
retail stores and through www.basspro.com. See Hermes Decl., Section I 1 54-57.
52
178. Respondent Rankam's Member's Mark Brand Hybrid Grills, Model No.
GR2071001-MM, were imported in to the United States and are available for purchase in the
United States through www.samsclub.com. See id., Section Q ~ ~ 96-100.
179. On information and belief, Respondent Rankam has imported, sold for
importation, and/or sold within the United States after importation at least one Smoke Canyon
L-
~
Brand Trio Grill, Medel No. GR2034205-SC, and at least one Member's Mark Brand Hybrid
.. , ...
';I''
Grills, Model No. GIU071001-MM.
B. Direct-Import Retailers
1. Academy
180. Grills that infringe one or more of the Asserted Patents are imported, sold for
importation, and/or sold within the United States after importation by Respondent Academy.
181. Respondent Academy's Outdoor Gourmet Triton 4-Bumer Propane and Charcoal
Grills, Model No. CG3023E, are available for purchase in the United States and are marked
"Made in China." See Hermes Decl., Section E ~ 37. On June 11, 2013, an Outdoor Gourmet
Triton 4-Bumer Propane and Charcoal Grills, Model No. CG3023E, was purchased in the United
States from Respondent Academy through www.academy.com. See id. ~ 38. The product
packaging indicates the grill was made in China. See id.
182. Respondent Academy is listed as the consignee on a number of shipments into the
United States that, on information and belief, included Triton DLX2013 and Triton DLX2012
model grills. See id., Section C ~ 16-17 and Section D ~ 26-27.
183. Respondent Academy is offering for sale in the United States, both in its retail
stores and online through www.academy.com, Outdoor Gourmet Triton Supreme Grill 6-Bumer
53
Gas Grill, Model No. DLX2013, and Outdoor Gourmet Triton DLX Smokers, Model No.
DLX2012. See id. ~ ~ 23-24, 29-31.
. 184. On information arid belief, Respondent Academy has imported, sold for
importation, and/or sold in the United States after importation at least one Triton DLX2012
model grill and at least Triton DLX20 13 model grill.
'..-
2. 1 ~ H - E - B
.;. ..
Respondent H-E-B.
186. Respondent H-E-B's Sear & Smoke Triad Grills are identified on bill of lading
summaries showing they are imported into the United States, are available for purchase in the
United States, and are marked "Made in China." See Hermes Decl., Section S ~ 110-112.
187. On information and belief, Respondent H-E-B has imported, sold for importation,
and/or sold within the United States after importation at least one Sear & Smoke Triad Grill.
3. Kmart
Respondent Kmart.
189. Respondent Kmart's Kenmore 3 Burner Charcoal/Gas Combo Grills, Model No.
611405, are available for purchase in the United States and are marked "Made in China." See
Hermes Decl., Section R ~ ~ 104-105. On information and belief, Respondent Kmart is listed as
the consignee for two shipments of Kenmore 3 Burner Charcoal/Gas Combo Grills, Model No.
54
611405, that were imported into the United States on March 21, 2013 and March 23, 2013. See
id ~ 103.
190. On information and belief, Respondent K.mart has imported, sold for importation,
and/or sold within the United States after importation at least one Kenmore 3 Burner
Charcoal/Gas Combo Grill, Model No. 611405.
4. ffsears Brands
Respondent Sears Brands.
192. Kenmore 3 Burner Charcoal/Gas Combo Grills, Model No. 611405, are available
for purchase in the United States and are marked "Made in China." See Hermes Decl., Section R
~ ~ 106-109. Kenmore 3 Burner Charcoal/Gas Combo Grills, Model No. 611405, available for
purchase in the United States indicate on the product packaging and labeling that they are
distributed by Respondent Sears Brands. See id ~ 107.
193. On information and belief, Respondent Sears Brands has imported, sold for
importation, and/or sold within the United States after importation at least one Kenmore 3
Burner Charcoal/Gas Combo Grill, Model No. 611405.
5. Sears Holdings
are imported, sold for importation, and/or sold within the United States after importation by or at
the direction of Sears Holdings.
195. On information and belief, Sears Holdings is the parent corporation or grand
parent corporation of Respondents Kmart, Sears Brands, and/or Sears. On information and
55
belief, Respondents Kmart, Sears Brands, and Sears have imported, sold for importation, and/or
sold within the United States after importation at least one Kenmore model611405.
196. On information and belief, Sears Holdings has imported or directed the
importation, sold for importation or directed the sale for importation, and/or sold within the
United States after importation or directed the sale in the United States after importation, at least
,;;:-
}--
one Kenmore 3 Combo Grill, Model No. 611405
..
6. Sears
Respondent Sears.
198. Respondent Sears's Kenmore 3 Burner Charcoal/Gas Combo Grills, Model No.
611405, are available for purchase in the United States and are marked "Made in China." See
Hermes Decl., Section R 107, 109. On information and belief, Respondent Sears is listed as
the consignee for at least two shipments of Kenmore 3 Burner Charcoal/Gas Combo Grills,
Model No. 611405, that were imported into the United States on December 29, 2012 and May 7,
2013. See id. 106.
199. On information and belief, Respondent Sears has imported, sold for importation,
and/or sold within the United States after importation at least one Kenmore 3 Burner
Charcoal/Gas Combo Grills, Model No. 611405.
56
7. Tractor Supply
are imported, sold for importation, and/or sold within the United States after import').tion .by.
Respondent Tractor Supply.
201. Respondent Tractor Supply's Red Stone 4 Burner Gas and Charcoal Grills, Model
J;.-
No. 1046761, are a v ~ i l a b l e for purchase in the United States and are marked "Made in China."
See Hermes Decl., Section F ~ 41-43.
202. Respondent Tractor Supply is listed as the consignee for a number of containers
shipped into the United States that, on information and belief, included Red Stone 4 Burner Gas
and Charcoal Grills, Model No. 1046761. See id. ~ 40. Respondent Tractor Supply is offering
for sale in the United States, both in its retail stores and online through www.tractorsupply.com,
Red Stone 4 Burner Gas and Charcoal Grills, Model No. 1046761. See id. ~ ~ 41-43.
203. On information and belief, Respondent Tractor Supply has imported, sold for
importation, and/or sold in the United States after importation at least one Red Stone 4 Burner
Gas and Charcoal Grill, Model No. 1046761.
C. Chinese Manufacturers
1. Canbo
Respondent Canbo.
205. On information and belief, Respondent Canbo manufactures Smoke Hollow
Gas/Charcoal Smoker Grills, Model No. SH7000, and Smoke Hollow Gas/Charcoal Smoker
57
Grills, Model No. 1800CGS, for, or on behalf of, Respondent Outdoor Leisure, Inc., and ships
them to the United States to be sold after importation. See Hermes Decl. ~ ~ 70, 80.
206. On information and belief, Respondent Canbo has imported, sold for importation,
and/or sold within the United States after importation at least one Smoke Hollow Gas/Charcoal
Smoker Grills, Model No. SH7000, and Smoke Hollow Gas/Charcoal Smoker Grills, Model No.
1800CGS.
2. Chant
Respondent Chant.
208. On information and belief, Respondent Chant manufactures charcoal and gas
combination grills, including Red Stone 4 Burner Gas and Charcoal Grills, Model No. 1046761,
for, or on behalf of, Respondent Tractor Supply and ships them to the United States for sale after
importation through various retailers. See Hermes Decl., Exs. F-1, F-2 (collectively identifying
Chant as the shipper of nine containers of charcoal gas combination grills to Tractor Supply).
See also Hermes Decl., Section F ~ ~ 39-43.
209. On information and belief, Respondent Chant has imported, sold for importation,
and/or sold within the United States after importation at least one Red Stone 4 Burner Gas and
Charcoal Grill, Model No. 1046761.
3. Dongguan Kingsun
Respondent Dongguan Kingsun.
58
211. On information and belief, Respondent Dongguan Kingsun manufactures Smoke
Hollow [Tri-Mate] Gas/Charcoal Smoker Grills, Model No. 47180T, Smoke Hollow 4-in-1
Combo Grills, Model No. 47183T, and Smoke Hollow Gas/Charcoal Smoker Grills, Model No.
7000CGS, for, or on behalf of, Respondent Outdoor Leisure and ships them to the United States
for sale after importation through various retailers. See Hermes Decl. ~ ~ 59-60, 67, 75.
212. On intrmation and belief, Respondent Dongguan Kingsun manufactures Dyna-
Glo Dual Fuel Grills, Model # DGJ810CSB-D, and Dyna-Glo Dual Fuel Grills, Model No.
DGB730SNB-D, for, or on behalf of, Respondent Dyna-Glo (GHP Group, Inc.) and ships them
to the United States for sale after importation through various retailers. See id. ~ ' i f 89, 93.
213. On information and belief, Respondent Dongguan Kingsun has imported, sold for
importation, and/or sold within the United States after importation at least one of each of the
following model grills: Smoke Hollow [Tri-Mate] Gas/Charcoal Smoker Grill, Model No.
~
47180T, Smoke Hollow 4-in-1 Combo Grill, Model No. 47183T, Smoke Hollow Gas/Charcoal
Smoker Grill, Model No. 7000CGS, Dyna-Glo Dual Fuel Grill, Model# DGJ810CSB-D, and
Dyna-Glo Dual Fuel Grill, Model No. DGB730SNB-D.
4. Fudeer
Respondent Fudeer.
215. On information and belief, Respondent Fudeer manufactures Char-Broil Brand
Gas & Charcoal Duo Grill Combos, Model No. 463724512, for, or on behalf of, Respondent
Char-Broil (W.C. Bradley Co;) and ships them to the United States for sale after importation. At
least 163 Char-Broil Gas & Charcoal Duo Grill Combos, Model No. 463724512, were imported
59
into the United States. See Hermes Decl., Section G 45. Char-Broil Gas & Charcoal Duo Grill
Combos, Model No. 463724512, are available for purchase on the website, www.charbroil.com,
and at retail Academy stores. See id 4 7
216. On information and belief, Respondent Fudeer has imported, sold for importation,
and/or sold within the United States after importation at least one Char-Broil Gas & Charcoal
i.>
/'-
Duo Grill Combo, .Mbdel No. 463724512.
-;/;'"
-.g ..
5. Huige
Respondent Huige.
218. On information and belief, Respondent Huige manufactures accused grills for, or
on behalf of, Respondents Academy and H-E-B. Respondent Huige ships accused grills,
including Outdoor Gourmet Triton grills and H-E-B Sear & Smoke Triad grills, to the United
States. See Hermes Decl., Section C 17-20, 110. On June 11,2013, one Outdoor
Gourmet Triton 4-Burner Propane and Charcoal Grills, Model No. CG3023E, was purchased in
the United States through www.academy.com. See id, Section E 38. The product packaging
indicates the grill was manufactured in China. See id
219. On information and belief, Respondent Huige has imported, sold for importation,
and/or sold within the United States after importation at least one unit of each of the following
model grills: Outdoor Gourmet Triton Supreme Grill 6-Bumer Gas Grill, Model No. DLX2013,
Outdoor Gourmet Triton DLX Smoker, Model No. DLX2012, Outdoor Gourmet Triton 4-Burner
Propane and Charcoal Grill, Model No. CG3023E, and Sear & Smoke Triad.
60
6. Keesung
220. On infonnation and belief, grills that infringe one or more of the Asserted Patents
- are imported, sold for importation, and/or sold within the United States after importation by
Respondent Keesung. Respondent Keesung ships accused grills, including Dyna-Glo grills, to
the United States. See Hermes Dec I., Section P ~ 93.
i:._
221. On iirformation and belief, Respondent Keesung has imported, sold for
importation, and/or sold within the United States after importation at least one accused Dyna-Glo
model DGB730SNB-D grill.
7. Ningbo Spring
222. On infonnation and belief, grills that infringe one or more of the Asserted Patents
Respondent Ningbo Spring.
223. On infonnation and belief, Respondent Ningbo Spring manufactures Kenmore 3
Burner Charcoal/Gas Combo Grills, Model No. 611405, and ships them to one or more corporate
entities under the direction and control of Sears Holdings. See Hermes Decl., Section R ~ ~ 101-
109.
224. Kenmore 3 Burner Charcoal/Gas Combo Grills, Model No. 611405, are available
for purchase in the United States and are marked "Made in China." See Hennes Dec I., Section R
~ ~ 104-105, 107.
225. On infonnation and belief, Respondent Ningbo Spring has imported, sold for
importation, and/or sold within the United States after importation at least one Kenmore 3
Burner Charcoal/Gas Combo Grill, Model No. 611405.
61
8. Wuxi Joyray
226. On information and belief, grills or components thereof that directly infringe, or
contribute to infringement of or induced infringement of, one or more ofthe Asserted Patents are
imported, sold for importation, and/or sold within the United States after importation by
Respondent Wuxi Joyray.
1...-
J'.
227. On and belief, Respondent Wuxi Joyray manufactures ComboJoe 26"
grills, Model No. coli6, and ComboJoe 32" grills, Model No. CGJ32, for, or on behalf of,
Respondent Kamado Joe and ships them to the United States for sale after importation. See
Hermes Decl., Sections T and U.
228. On information and belief, Respondent Wuxi Joyray has imported, sold for
importation, and/or sold within the United States after importation at least one ComboJoe 26"
grill, Model No. CGJ26, and ComboJoe 32" grill, Model No. CGJ32.
VII. CLASSIFICATION OF THE INFRINGING PRODUCTS UNDER
THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
229. On information and belief, the Harmonized Tariff Schedule of the United States
tariff classification for the accused products is 7321.11.6000 ..
VIII. RELATED LITIGATION
230. This Complaint is being filed concurrently with 10 complaints for patent
infringement in the United States District Court for the Southern District of Georgia. They are
styled as: A&J Manufacturing, LLC and A&J Manufacturing, Inc. v. The Brinkmann
Corporation; A&J Manufacturing, LLC and A&J Manufacturing, Inc. v. WC. Bradley Co. and
Zhejiang Fudeer Appliance Co., Ltd; A&J Manufacturing, LLC and A&J Manufacturing, Inc. v.
GHP Group, Inc., Dongguan Kingsun Enterprises Co., Ltd. and Keesung Manufacturing Co.,
Ltd.; A&J Manufacturing, LLC and A&J Manufacturing, Inc. v. Kamado Joe Company and Wuxi
62 ------- ---- -
Joyray International Corp.; A&J Manufacturing, LLC and A&J Manufacturing, Inc. v. Outdoor
Leisure Products, Inc. and Guangdong Canbo Electrical Co., Ltd.; A&J Manufacturing, LLC
and A&J Manufacturing, Inc." 1:': _lf..If,.f!.. Groce_ry .. Comppny LP and Ningbo Huige Outdoor
Products Co., Ltd; A&J Manufacturing, LLC and A&J Manufacturing, Inc. v. Rankam Group,
A&J Manufacturing, LLC and A&J Manufacturing, Inc. v. Academy Ltd. and Ningbo Huige
Outdoor Products c 5 ~ Ltd; A&J Manufacturing, LLC and A&J Manufacturing, Inc. v. Tractor
........ ..
Supply Company and Chant Kitchen Equipment (HK), Ltd.; and A&J Manufacturing, LLC and
A&J Manufacturing, Inc. v. Sears Holdings Corporation, Sears Brands Management
Corporation, Sears, Roebuck & Company, Kmart Corporation, and Ningbo Spring
Communication Technologies Co., Ltd. Having been filed concurrently with this Complaint,
none of these district court cases have case numbers assigned to them yet.
231. There is no other related litigation involving the Asserted Patents.
IX. DOMESTIC INDUSTRY
232. A domestic industry as defined by 19 U.S.C. 1337(a)(3) exists with respect to
Complainants' activities in the United States that exploit the '712, '660 and '773 patents, and that
relate to products that employ the patented technology by reason of Complainants' significant
investment in plant and equipment, significant employment of labor and capital and substantial
investment in the exploitation of the '712, '646 and '773 patents through engineering and research
and development.
A. Technical Prong
1. The '712 Patent
233. Multiple-mode grills designed; developed, manufactured and sold by A&J
practice the '712 patent and are marked with that patent number. For example, Complainants'
63
Char-Griller Duo product embodies at least Claims 1, 2, 4, 6, 7, 9, 10, 11, 13, 15, 16, 17, 18, 19
and 20 of the '712 patent. A claim chart demonstrating how the Char-Griller Duo product
practices said claims is attached hereto as Exhibit 42.
234. Complainants' Char-Griller Trio product embodies at least Claims 1, 2, 3, 4, 6, 7,
9, 10, 11, 13, 14, 15, 16, 17, 18, 19 and 20 ofthe '712 patent. A claim chart demonstrating how
}- .
the Char-Griller TriJi;:oduct practices said claims is attached hereto as Exhibit 43 .
... f''
~ I .
235. Similariy, the King Griller Double Play product embodies at least Claims 1, 2, 4,
6, 7, 9, 10, 11, 13, 15 and 16 of the '712 patent. A claim chart demonstrating how the King
Griller Double Play product practices said claims is attached hereto as Exhibit 44.
2. The '646 Patent
236. Multiple-mode grills designed, developed, manufactured and sold by A&J
Char-Griller Duo embodies the claim of the '646 patent, as shown in the claim chart attached
hereto as Exhibit 45.
237. Similarly, Complainants' Char-Griller Trio embodies the claim of the '646 patent,
as shown on the claim chart attached hereto as Exhibit 46.
3. The '773 Patent
238. Multiple-mode grills designed, developed, manufactured and sold by A&J
Char-Griller Duo embodies the claim of the '733 patent, as shown in the claim chart attached
hereto as Exhibit 4 7.
239. Similarly, Complainants' Char::Griller"Trio embodies the claim ofthe '773 patent,
as shown on the claim chart attached hereto as Exhibit 48.
64
B. Economic Prong
1. Significant Investment in Plant and Equipment
240. A domestic industry exists in the United States by _.Yifh!e. of Co_mplai11ants'
significant investments in plant and equipment in the United States involved in activities related
to the production, engineering, development, testing, marketing and distribution of multiple-
mode grills that emtfoy and exploit the technology covered by one more claims of the '712
~ ...,,;:: ~
patent, the '646 patent and the '773 patent, including customer service and warranty fulfillment.
Exhibit 8, the Confidential Declaration of John Lee Simms, II, sets forth further details regarding
the nature and scope of Complainants' investments in these activities.
241. A&J maintains facilities in the United States for design, engineering,
development, testing, marketing and distributing products that exploit the '712 patent, the '646
patent and the '773 patent. Paragraphs 11-14 of the Simms Declaration summarize Complainants'
domestic activities. For example, at one facility, A&J conducts product development,
engineering and research and development activities. See Simms Decl. ~ ~ 16-18.
242. A&J also maintains facilities in United States to supply customer support, quality
assurance, warranty fulfillment and replacement parts for its multiple-mode grill products. The
Simms Declaration sets forth further details regarding these facilities. See id. ~ ~ 14, 23, 25-27.
243. Complainants have made significant investments in the above facilities and in
equipment used in these activities in the United States; the Simms Declaration sets forth further
details regarding these investments. See id. ~ ~ 15-27.
2. Significant Employment of Labor and Capital
244. A&J currently employs in the United States significant,hibor and' capital for
activities related to the production, engineering, development, testing, marketing and distribution
65
of products that exploit the '712 patent, the '646 patent and the '773 patent, including customer
service and warranty fulfillment. The Simms Declaration sets forth further details regarding
these employees. See id.
3. Substantial Investment in Exploiting the Patents-at-Issue
245. Complainants have made, and will continue to make, substantial investments in

the United States and research and development related to existing and future
multiple-mode grills exploit the patents-at-issue. The Simms Declaration sets forth further
details regarding these expenditures. See id.
X. GENERAL EXCLUSION ORDER
246. There is a pattern of violation of 19 U.S.C. 1337, and it is difficult to identify all
the sources of infringing products.
247. Infringing multiple-mode outdoor grills manufactured by or on behalf of
Respondents and others not now known are being imported on a regular and systematic basis.
248. Complainants have been able to identify a substantial number of entities
worldwide that manufacture infringing multiple-mode outdoor grills. In this Complaint,
Complainants have identified those entities about which it has substantial evidence of
importation, sale for importation, and/or sale in the United State after importation of multiple-
mode outdoor grills. On information and belief, other entities are capable of shifting, at minimal
expense, a substantial amount of their production to multiple-mode outdoor grills for
importation, sale for importation, and/or sale in the United State after importation.
249. The market for multiple-mode outdoor grills has also expanded dramatically on
tlie Internet: information and belief, infringing multiple-mode outdoor grills, including.those
of Respondents, are regularly offered for sale and sold via the Internet. In addition to
66
Respondents' websites, multiple-mode outdoor grills are offered for sale and sold via the
web sites of numerous distributors and retailers.
250. On information and belief, there are numerous large business-to-business Internet
portals that operate for the purpose of bringing together manufacturers, importers and sellers
from around the world. Through such business-to-business Internet portals, potential importers
and Sellers are able t.flocate foreign companies that offer thousands of existing products for sale
and/or that can custom-manufacture products.
251. On information and belief, such large business-to-business Internet portals
include: (a) GlobalSource.com (b) Made-in-China.com, (whose home page displays its logo
containing the phrase, "Connecting Buyers with China Suppliers," (c) Alibaba.com (d)
Dhgate.com, and (e) Wholesale-electrical-electronics.com.
252. On information and belief, each of the business-to-business Internet portals
identified in the foregoing paragraph offers, directly or indirectly, outdoor grills and components
thereof that appear to infringe the asserted patents.
253. Entry into the market for multiple-mode outdoor grills is relatively easy due, in
part, to the ease of manufacturing infringing products.
254. Additionally, Chinese manufacturers attend various trade shows where outdoor
grills are displayed, including the National Hardware Show and the Hearth Patio and Barbecue
Association ("HPBA") Show. At the 2013 HPBA Show in Orlando, there were several Chinese
manufacturers displaying a potentially infringing "combo fuel" grill.
255. On information and belief, the startup costs for establishing a facility capable of
manufacturing substantial quantities of multipJe ... mode outdoor grills is not significant.
67
Moreover, tooling to make infringing multiple-mode outdoor grills is available in China from, at
least, certain of Complainants' former suppliers.
256. Unlessa gehera:rexclusion order is issued, relief to A&J will be wholly
inadequate. Potential foreign suppliers of infringing multiple-mode outdoor grills are numerous,
the start-up costs for a new facility capable of manufacturing infringing multiple-mode outdoor
Jr
grills are relatively ~ m a l l and the U.S. market for multiple-mode outdoor grills that include
'"'
Complainants' patented technology is robust. Only a general exclusion order, therefore, can
prevent circumvention of any relief granted by the Commission and provide A&J with adequate
protection for its patent rights.
XI. RELIEF REQUESTED
WHEREFORE, by reason of the foregoing, Complainant requests that the United States
International Trade Commission:
(a) institute an immediate investigation pursuant to section 337 of the Tariff Act of
1930, as amended, with respect to violation of that section based upon the
importation into United States, the sale for importation into the United States,
and/or the sale within the United States after importation of Respondents' outdoor
grills, including parts thereof, that infringe Complainants' valid and enforceable
United States patents;
(b) schedule and conduct a hearing on said unlawful acts, and, following said hearing:
(c) issue a permanent general exclusion order, pursuant to 19 U.S.C. 133(d),
forbidding entry into the United States of all multiple-mode outdoor grills and
parts thereof that infringe U.S. Patent Nos. 8,381,712, D660,646 and D662,773;
68
(d) issue a limited exclusion order, pursuant to 19 U.S.C. 1337(d), forbidding entry
into the United States of Respondents' multiple-mode outdoor grills and parts
thereof that in:fi:inge U.S. Nos. 8,381,712, D660,646 and D662,773;
(e) issue pennanent cease-and-desist orders, pursuant to 19 U.S.C. 1337(f),
prohibiting Respondents from importing, selling, offering for sale (including via
,i.-
the Infernet or electronic mail) advertising (including via the Internet or electronic
.... ....:;::
mail), or soliciting any multiple-mode outdoor grill encompassed by
the claims ofinfringe U.S. PatentNos. 8,381,712, D660,646 andD662,773; and
(f) issue such other orders and further relief as the Commission deems just and
proper based upon the facts determined by the investigation and under the
authority of the Commission.
69
Dated: August 21, 2013
CHAR700513
homas R. Burns, Jr.
ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.
1133 Connecticut Avenue, NW
Telephone: (202) 467-6300
Facsimile: (202) 466-2006
Lance D. Reich
Robert J. Carlson
LEE & HAYES, PLLC
Seattle, WA 98101
Telephone: (206) 315-4001
Facsimile: (206) 315-4004
Counsel for A&! Manufacturing, LLC and
A&! Manufacturing, Inc.
70
VERIFICATION OF COMPLAINT
I, John Lee Simms II, declare, in accordance with 19 CFR 210.4 and 210.12(a), under
. penalty of perjury-that the following statements are true:
1. I am the President of A&J Manufacturing, LLC and the President of A&J
Manufacturing, Inc. (collectively, "Complainants"), and am duly authorized to sign this
complaint on behalf of Complainants;
,J;,-
2. I the complaint and am aware of its contents;
3. The complaint is not being presented for any improper purpose, such as to harass
or to cause um1ecessary delay or needless increase in the cost of the investigation or related
proceedings;
4. To the best of my knowledge, information and belieffounded upon reasonable
inquiry, the claims and legal contentions of this complaint are warranted by exiting law or a good
faith argument for the extension, modification, or reversal of existing law;
5. The allegations and other factual contentions in the complaint have evidentiary
support or are likely to have evidentiary support after a reasonable opportunity for further
investigation or discovety.
I declare under penalty of perjury under the Jaws of the United States of America that the
foregoing is true and correct.
Executed on August 2013.
y;i! }-
ti}'A . ,,'
John Lee './'

A&J Manufacturing, LLC
President

A&J - Request For ITC Investigation

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