Anova Applied Elecs. v. Instant Brands - Complaint

Case 1:19-cv-12311 Document 1 Filed 11/09/19 Page 1 of 14
UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
ANOVA APPLIED ELECTRONICS, INC., Civil Action No. 19-cv-12311
Plaintiff,
v.
JURY TRIAL DEMANDED
INSTANT BRANDS, INC.
d/b/a INSTANT POT,
Defendant.
ORIGINAL COMPLAINT
Plaintiff, Anova Applied Electronics, Inc. (“Anova”), for its complaint against defendant,
Instant Brands, Inc. d/b/a Instant Pot (“Instant Pot”), alleges:
THE PARTIES
1. Anova is a Delaware company incorporated in 2015, having a primary place of
business in San Francisco, CA. Anova has been doing business, including in Massachusetts, since
2013.
2. Instant Pot is a foreign corporation organized and existing under the laws of
Canada, having a primary place of business at 495 March Road, Suite 200, Kanata, ON, Canada
K2K 3G1.
JURISDICTION AND VENUE
3. Anova brings this action for patent infringement under the patent laws of the United
States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C.
§§ 1331 and 1338(a).
4. Instant Pot is subject to this Court’s jurisdiction pursuant to due process due at least
to Instant Pot’s substantial business in Massachusetts and this judicial district, including: (i) at
1
least part of its infringing activities; (ii) regularly doing or soliciting business in Massachusetts,
and/or (iii) engaging in persistent conduct and/or deriving substantial revenue from goods and
services provided to customers in Massachusetts.
5. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b)-(c) and
1400(b) because (i) a substantial part of the events giving rise to the claims occurred in this judicial
district, (ii) Instant Pot is subject to this Court’s personal jurisdiction with respect to this action,
and/or (iii) Instant Pot is not a resident of the United States.
FACTUAL BACKGROUND
6. Anova is an award-winning San Francisco-based company and a global leader in
smart kitchen appliances. Its innovative technologies and designs have revolutionized the way
people cook today, enabling home chefs to easily create restaurant-like experiences everyday.
Founded in 2013, Anova is credited with launching the first commercially available and affordable
sous vide immersion circulator for home cooks. In 2014, the company became a household name
practically overnight when it debuted its signature product, the Precision Cooker, as part of a
record-breaking crowdfunding campaign on Kickstarter. The Precision Cooker has become the
best-selling sous vide device on the market today. For its research and design efforts, Anova has
been awarded multiple patents, garnered industry acclaim, and is recognized as a trusted brand
among consumers worldwide.
COUNT I
(INFRINGEMENT OF U.S. PATENT NO. 9,826,855)
7. Anova incorporates by reference paragraphs 1 - 6 above.
8. Anova is the owner, by assignment, of U.S. Patent No. 9,826,855 (“the ’855
patent”), entitled CIRCULATOR COOKER WITH ALARM SYSTEM, which issued on
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November 28, 2017 on an application filed on December 3, 2014. A copy of the ’855 patent is
attached as Exhibit A.
9. Instant Pot makes, uses, imports, sells, and offers for sale the Instant Pot Accu
SV800 (“Accu SV800”) and Accu SSV800 (“Accu Slim) devices in the United States.
10. The below images show Instant Pot’s Accu SV800 device:
Source: https://www.amazon.com/Instant-Pot-Accu-SV800-pounds/dp/B01JNKEMH4/ref=cm_cr_arp_d_product_top?ie=UTF8
11. The Accu SV800 is a fluidic temperature control device for use in sous vide
cooking, as shown below:
3
12. The Accu SV800 comprises an upper portion and middle portion including a
controller, a display device, an input device coupled to the controller, and a motor coupled to the
controller, as shown below:
13. The Accu SV800 comprises a lower portion releasably connected to the upper and
middle portions, as seen below:
Source: https://instantpot.com/wp-content/uploads/2017/07/Accu_SV800_Sous_Vide_Manual.pdf
4
14. The Accu SV800 comprises a lower portion housing a fluid agitation device (i.e.,
circulator) coupled to the Accu SV800’s 12V DC motor and passing through a heating element
(i.e., heating coil), which is coupled to the Accu SV800’s controller:
Heating element (coil)

coupled to controller
Heating
element (coil) fluid agitation device (i.e., circulator)
passes through heating element (coil)
15. The Accu SV800’s lower portion (i.e., steel removable element cover) is configured
with a plurality of vertical perforations and a plurality of horizontal perforations for at least partial
immersion in fluid, as shown below:
5
16. The below images show Instant Pot’s Accu Slim device:
Source: https://instantpot.com/wp-content/uploads/2018/06/Sous-Vide-Manual-English-January-12-2018-web.pdf
17. The Accu Slim is a fluidic temperature control device for use in sous vide cooking,
as shown below:
Source: https://www.amazon.com/Instant-Pot-SSV800-Accu-Circulator/dp/B07898VZN9
18. The Accu Slim comprises an upper portion and middle portion including a
controller, a display device, an input device coupled to the controller, and a motor coupled to the
controller:
6
Source: https://instantpot.com/wp-content/uploads/2018/06/Sous-Vide-Manual-English-
January-12-2018-web.pdf
Source: https://instantpot.com/wp-
content/uploads/2018/06/Sous-Vide-Manual- Source: https://www.amazon.com/Instant-Pot-SSV800-Accu-Circulator/dp/B07898VZN9
English-January-12-2018-web.pdf
19. The Accu Slim comprises a lower portion releasably connected to the upper and
middle portions, as seen below:
20. The Accu Slim comprises a lower portion housing a fluid agitation device coupled
to the device’s 12V DC motor and passing through a heating element (i.e., a heating coil), which
is coupled to the Accu Slim’s controller:
7
Source: https://s3.amazonaws.com/com.niches.production/story_images/new_images/000/002/465/original/Slim_Apart.jpg
21. The Accu Slim’s lower portion (i.e., stainless steel removable element cover) is
configured with a plurality of vertical perforations and a plurality of horizontal perforations for at
least partial immersion in fluid, as seen below:
22. Instant Pot has directly infringed, and continues to directly infringe, literally or
under the doctrine of equivalents, the claims of the ’855 patent in the United States, including at
least claims 1 and 2, by making, using, importing, selling, and/or offering for sale the Accu SV800
and Accu Slim devices during the pendency of the ’855 patent, in violation of 35 U.S.C. § 271(a).
8
23. Instant Pot has also infringed, and continues to infringe, claims 1 and 2 of the ’855
patent by actively inducing others to use, offer to sell, import, and sell the Accu SV800 and Accu
Slim devices in the United States. Instant Pot’s customers who use, and those who offer to sell,
import, and sell, the Accu SV800 and Accu Slim devices, in accordance with Instant Pot’s
instructions and encouragement, infringe claims 1 and 2 of the ’855 patent, in violation of 35
U.S.C. § 271(a). Instant Pot intentionally instructs its customers to infringe, for example, through
user guides, demonstrations, and training videos, such as those located at the following websites:
 https://instantpot.com/
 https://instantpot.com/wp-content/uploads/2019/05/Accu-Slim_User-
Manual_English_20190426.pdf
 https://instantappliances.com/wp-content/uploads/2017/07/Accu_SV800_Sous_Vide_Manual.pdf
 https://instantappliances.com/portfolio-item/accu-slim/
 https://instantappliances.com/portfolio-item/accu-sv800/
 https://instantappliances.com/portfolio-item/accu-sv800-2/
 https://instantappliances.com/portfolio-item/accu-sous-vide-slim-faq/
Instant Pot also induces infringement by others by failing to remove or diminish the infringing
features of its Accu SV800 and Accu Slim devices. Instant Pot is thus liable for infringement of
the ’855 patent under 35 U.S.C. § 271(b).
24. Instant Pot has also infringed, and continues to infringe, claims 1 and 2 of the ’855
patent by contributing to the direct infringement of the ’855 patent. Instant Pot sells, offers to sell,
and imports into the United States components of the Accu SV800 and Accu Slim devices,
constituting a material part of the ’855 invention, knowing these components to be especially made
or especially adapted for use in the infringement of the ’855 patent, and which are neither a staple
9
article nor a commodity of commerce suitable for substantial non-infringing use. Instant Pot is
thus liable for infringement under 35 U.S.C. § 271(c).
25. Instant Pot will have been on notice of the ’855 patent since, at the latest, the service
of this complaint upon it. By the time of trial, Instant Pot will have known and intended (since
receiving such notice) that its continued actions would actively induce and contribute to the
infringement of claims 1 and 2 of the ’855 patent.
26. Instant Pot may have infringed the ’855 patent through other devices featuring the
same or reasonably similar features or functionality to those described above, including other
versions of the Accu SV800 and Accu Slim devices.
27. Anova has been damaged by Instant Pot’s infringement of the ’855 patent.
COUNT II
(INFRINGEMENT OF U.S. PATENT NO. D862,154)
28. Anova incorporates by reference paragraphs 1-27 above.
29. Anova is the owner, by assignment, of U.S. Patent No. D862,154 (“the ’D154
patent”), entitled CIRCULATOR COOKER, which issued on October 8, 2019, claiming priority
to an application filed on July 20, 2017. A copy of the ’D154 patent is attached as Exhibit B.
30. Instant Pot makes, uses, imports, sells, and offers to sell its Accu Slim device in the
United States, which device practices the claimed invention of the ’D154 patent.
31. The below images show side-by-side comparisons of Figures 1-7 of the ’D154
patent and Instant Pot’s Accu Slim device:
10
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32. The overall appearance of the ornamental design claimed in the ’D154 patent and
the corresponding design of Instant Pot’s Accu Slim product are substantially the same. An
ordinary observer familiar with the prior art in the sous vide device marketplace would perceive
the overall appearance of the ornamental design of the ’154 patent and the corresponding design
of the Accu Slim product to be substantially the same. Such an ordinary observer would be
deceived into believing the design of the Accu Slim device was the same as the ornamental design
claimed in the ’D154 patent.
33. Instant Pot has thus infringed, and continues to infringe, literally or under the
doctrine of equivalents, Anova’s ’D154 patent, by making, using, importing, selling, and offering
to sell in the United States the Accu Slim device during the pendency of the ’D154 patent, in
violation of 35 U.S.C. § 271(a).
34. Without authorization from Anova, Instant Pot has applied the ’D154 patented
design (or a colorable imitation thereof), to its Accu Slim device for the purpose of sale, and has
sold and exposed for sale the Accu Slim device to which the ’D154 patented design (or a colorable
imitation thereof) has been applied. Instant Pot is therefore liable to Anova to the extent of Instant
Pot’s total profit for the Accu Slim device, pursuant to 35 U.S.C. § 289.
35. Instant Pot has also infringed, and continues to infringe, the claims of the ’D154
patent by actively inducing others to offer to sell, import, and sell the Accu Slim device in the
United States. Sellers and importers of the Accu Slim device who offer to sell, import, and sell
the Accu Slim devices in accordance with Instant Pot’s instructions and encouragement infringe
the ’D154 patent in violation of 35 U.S.C. § 271(a). Instant Pot also induces infringement by
others by failing to remove or diminish the infringing features of the Accu Slim device. Instant
Pot is thus liable for infringement of the ’D154 patent under 35 U.S.C. § 271(b).
12
36. Instant Pot has also infringed, and continues to infringe, the ’D154 patent by
contributing to the direct infringement of the ’D154 patent. Instant Pot sells, offers to sell, and
imports into the United States components of the Accu Slim device, constituting a material part of
the ’D154 invention, knowing those components to be especially made or especially adapted for
use in the infringement of the ’D154 patent, and which are neither a staple article nor a commodity
of commerce suitable for substantial non-infringing use. Instant Pot is thus liable for infringement
under 35 U.S.C. § 271(c).
37. Instant Pot will have been on notice of the ’D154 patent since, at the latest, the
service of this complaint upon it. By the time of trial, Instant Pot will have known and intended
(since receiving such notice) that its continued actions would actively induce and contribute to the
infringement of the ’D154 patent.
38. Instant Pot may have infringed the ’D154 patent through other devices using the
overall appearance of the ornamental design of the ’D154 patent.
39. Anova has been damaged by Instant Pot’s infringement of the ’D154 patent.
40. Due to Instant Pot’s infringement of the ’D154 patent, Anova has suffered, is
suffering, and will continue to suffer irreparable injury for which Anova has no adequate remedy
at law, including loss of customers, loss of market-share, price erosion, and loss of customer
goodwill. Anova is thus entitled to a preliminary and permanent injunction against Instant Pot’s
further infringement of the ’D154 patent.
PRAYER FOR RELIEF
Anova requests that the Court enter judgment against Instant Pot as follows:
(A) that Instant Pot has infringed the ’855 and ’D154 patents;
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(B) awarding Anova its damages suffered as a result of Instant Pot’s infringement of
the ’855 and ’D154 patents;
(C) preliminarily and permanently enjoining Instant Pot, its officers, directors, agents,
servants, affiliates, employees, branches, subsidiaries, and parents, and all others acting in concert
or in privity with it, from infringing the ’855 and ’D154 patents pursuant to 35 U.S.C. § 283;
(C) awarding Anova its costs, attorneys’ fees, expenses, and interest; and
(D) granting Anova such other and further relief as the Court may deem just and proper.
DEMAND FOR JURY TRIAL
Pursuant to Fed. R. Civ. P. 38, Anova demands trial by jury on all issues so triable.
Dated: November 9, 2019 Respectfully submitted,
/s/ Paul J. Hayes

Paul J. Hayes (BBO # 227000)
PRINCE LOBEL TYE LLP
One International Place, Suite 3700
Boston, MA 02110
Tel: (617) 456-8000
Fax: (617) 456-8100
Email: phayes@princelobel.com
ATTORNEYS FOR THE PLAINTIFF
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Case 1:19-cv-12311 Document 1-1 Filed 11/09/19 Page 1 of 10
EXHIBIT A
TOMMUNOM U DITUTULMULTINATION US009826855B2
(12) United States Patent (10) Patent No.: US 9 ,826 ,855 B2

Wu (45) Date of Patent: Nov. 28 , 2017
(54 ) CIRCULATOR COOKER WITH ALARM (56 ) References Cited
SYSTEM
U . S . PATENT DOCUMENTS
(71 ) Applicant: Jeff Wu, Stafford , TX (US ) 2,736 ,791 A * 2/1956 Krah .................. A01K21963//506
065
(72 ) Inventor: Jeff Wu, Stafford , TX (US ) 2,780,715 A * 2/1957 Strokes ............... HO1F 41/0213
219 /523
3,270 ,661 A * 9/ 1966 Juvan . ................... A47J 29/02
( 73 ) Assignee : Anova Applied Electronics, Inc., San 99 / 343
Francisco , CA (US) D214 ,165 S * 5/ 1969 Sesholtz . .............. A47J 29/02
D23 /316
3,576 ,426 A * 4/1971 Sesholtz .............. A01K 11963//245
065
( * ) Notice : Subject to any disclaimer, the term of this
patent is extended or adjusted under 35 3 ,746 ,836 A * 7 /1973 Summerfield ....... A01K 63/065
U .S .C . 154 (b ) by 298 days . 219 /510
3,997,760 A * 12/1976 Salinger ............. A47L17415/ 153
/4285G
(21) Appl. No.: 14 /559,530 4,253,092 A * 2/1981 Connah , Jr . ...... GOIR 19 / 16585
307/ 117
4 ,313 ,048 A * 1/1982 Holbrook . ........... A01K 63/065
(22 ) Filed : Dec. 3 , 2014 119/ 245
D268,360 S * 3/1983 Holbrook ............... A47J 29/ 02
D23 /316
(65) Prior Publication Data 4,394 , 566 A * 7/1983 Magnusson . ........ .. ... H05B 3 /64
219 /421
US 2015/0150403 A1 Jun . 4 , 2015 D294 ,288 S * 2 / 1988 Blanco .............. A47J 29 /02
D23 /213
(Continued )
Related U .S . Application Data Primary Examiner — Sean Michalski
(60 ) Provisional application No.61/911,384, filed on Dec. (74 ) Attorney , Agent, or Firm — RatnerPrestia
3 , 2013 . (57) ABSTRACT
A sous- vide circulator cooker that sounds an audible alarm
(51) Int. Ci. when the system raises the temperature of the water to a
A473 27/ 10 ( 2006 . 01) determined temperature . The sous - vide circulator cooker
A47 ) 36 /32 (2006 .01) includes temperature sensors , heaters and a pump to circu
lator temperature controlled fluids . The system also contains
(52) U.S. CI. a speaker or buzzer that can play alarms or music when the
CPC ............. A473 27 /10 (2013 .01 ); A47J 36/ 32 system comes to a predetermined temperature . In at least one
( 2013 .01) embodiment, the sous - vide circulator can also distinguish
(58) Field of Classification Search between self -heating and user -induced temperature changes ,
??? ............. ....... A47J 27 /10 ; A47J 36 / 32 and will sound alarms accordingly .
See application file for complete search history. 13 Claims, 3 Drawing Sheets
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US 9 ,826 ,855 B2
Page 2
(56 ) References Cited

U . S . PATENT DOCUMENTS
5 ,097,759 A * 3/1992 Vilgrain .............. A47J 17 / 18
219 /441
5 ,722,289 A * 3/ 1998 Carr .............. A473 37 / 1266
73 /302
6 ,705, 209 B2 * 3/2004 Yang ............. A473 27 /0802
219 /440
8 , 150 , 105 B2 * 4 /2012 Mian . ............. G06K 9 /00214
382 /104
8 ,659 ,438 B2 * 2 /2014 Pforte ............... GO5D 23 / 1931
137 /551
9 , 191, 998 B2 * 11/ 2015 Hegedis ........... A473 27 /62
9 ,215 , 948 B2 * 12 /2015 Fetterman ........... A47J 36 /2405
2002/0196838 A1 * 12 / 2002 Lee GO1K 1 / 14
374 / 155
2004 /0074398 A1 * 4 / 2004 Griffin .................. A23L 5 / 15
99 / 342
2008/0066624 A1 * 3/ 2008 Taylor ..................... A473 27 / 10
99 /330
2009/0087534 A1 * 4 / 2009 McLemore ......... A47J 37 / 1209
426 /523
2011/0018725 A1 * 1/ 2011 Yang ............... GOIN 33 /02
340 /627
2011/0185915 A1 * 8/2011 Eades A47J 27/004
99 /331
2011/0186283 A1 * 8/2011 Preston .................. BOIL 7 /02
165/ 287
* cited by examiner
U . S . Patent Nov. 28 , 2017 Sheet 1 of 3 US 9 ,826 ,855 B2
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U . S . Patent Nov. 28 , 2017 Sheet 2 of 3 US 9 ,826 , 855 B2
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US 9 ,826 ,855 B2
CIRCULATOR COOKER WITH ALARM In at least one embodiment, a sous-vide circulator cooker
SYSTEM has a speaker or other suitable alert device connected to the
controller in the control head to sound audible alarms when
CROSS -REFERENCE TO RELATED the bath fluid has reached cooking temperature .
APPLICATION 5 In at least one embodiment, the speaker can also be a
single tone buzzer.
This application claims priority to U .S . Provisional Appli- In at least embodiment, a sous -vide circulator alarm 's
cation No. 61 /911 ,384 , filed Dec . 3 , 2013 , the contents of controller can be recognize the difference between normal
which are entirely incorporated by reference herein . 10
heating and user induced temperature changes such as
caused by adding hot water or ice which may lead to over
FIELD OF TECHNOLOGY shoot of the temperature . In this case the alarm would not
sound .
The present disclosure relates generally to food cooking In at least one embodiment, a sous- vide circulator cooker
devices, and more specifically, to precision temperature 16 has a turn - able or rotatable information display and control
control water heaters and water pump circulator appliances head . The controlhead can be configured to keep electronics
having an alarm system , or alert system , or both . housed therein away from steam and to enable easy viewing
from different angles .
BACKGROUND In at least one embodiment, a sous - vide circulator cooker
20 includes a detachable single or dual- section stainless steel
Sous -vide is a method of cooking food sealed in airtight skirt which allows for cleaning the skirt itself and cleaning
plastic bags in a water bath for longer than normal cooking of a heater and pump covered by the skirt. The provision of
times at an accurately regulated temperature much lower a stainless steel skirt can also act to ensure that no plastic
than normally used for cooking, typically around 55° C . components are directly wetted during use of the cooker. In
( 131° F.) to 60° C . ( 140° F .) for meats and higher for 25 at least one embodiment, the sous- vide circulator cooker' s
vegetables . removable skirt also exposes the water pump impellers
allow users to clean out food and debris in case of bag
BRIEF DESCRIPTION OF THE DRAWINGS breakage.
In at least embodiment a sous -vide circulator cooker
In order to describe a manner in which features of the 30 includes a Wi-Fi/Blue tooth radio for recipe specification
disclosure can be obtained , reference is made to specific uploads from phone, tablet or PC and direct remote control
embodiments that are illustrated in the appended drawings and monitoring. Thus , in at least one embodiment of this
Based on an understanding that these drawings depict only disclosure a fluidic temperature controller can include a
example embodiments of the disclosure and are not intended non - volatile memory that stores a plurality of recipe speci
to be limiting of scope , the principles herein are described 35 fications and user generated data files as well as a control
and explained with additional specificity and detail through interface that enables a user of the sous - vide circulator
the use of the accompanying drawings in which : cooker to select and recall recipe specifications. In at least
FIG . 1 is a fluidic temperature control device in accor one embodiment of this disclosure , a sous- vide circulator
dance with an example embodiment; cooker can search for recipes that match certain specification
FIG . 2 is a fluidic temperature control device in accor - 40 criteria .
dance with an example embodiment; In another embodiment, the system interface has dynami
FIG . 3 is a lower portion of a fluidic temperature control cally color changing, icons, objects or background to notify
device in accordance with an example embodiment; and an operator of system regarding temperatures and tank water
FIG . 4 is a block diagram of a fluidic temperature control levels. Additionally the controller may contain a speaker to
device 10 for sous -vide cooking. 45 sound music alarms and reminders .
According to one aspect of this disclosure , a sous -vide
DETAILED DESCRIPTION circulator cooker can rotate the head controller. Storing most
microelectronics within such a rotatable structure enables
Various embodiments of the disclosure are discussed in the microelectronics to be located away from the steam
detail below . While specific implementations are discussed , 50 source . An interface on the head controller can also turn to
it should be understood that this is done for illustration enable a user to adjust a viewing angle .
purposes only. A person skilled in the relevant art will FIG . 1 illustrates an example embodiment of a fluidic
recognize that other components and configurations may be temperature control device 10 . The temperature control
used without departing from the scope of the disclosure. device 10 comprises a head portion 130 , a middle portion
Several definitions that apply throughout this document 55 120 , and a lower portion 112 . The lower portion 112 can also
will now be presented . “ Circulating ” means agitating, blend include a pump housing 100 . The middle portion 120
ing ormixing of one or more fluids. Hence a “ circulator” is includes a motor and heater base 123. The head portion 130
a device which can be configured to agitate, blend or mix a can include a display device 132 which can display infor
fluid . Fluids will be understood to comprise liquids. mation such as the temperature of the fluid in which the
“ Coupled ” is defined as connected , whether directly or 60 lower portion 112 is at least partially immersed or the speed
indirectly through intervening components and is not nec - at which an impeller housed within the lower portion is
essarily limited to physical connections. Coupled devices spinning. The head portion 130 can also include an input
are devices which are in signal communication with one device 133 such as one or more buttons or controls which
another. “ Connected ” means directly connected or indirectly can enable a user to select a temperature for the water in
connected . 65 which the lower portion is immersed . The lower portion 16
Broadly speaking, this disclosure relates to sous- vide can be configured with openings 118 through which the
circulator cookers for cooking food . heated water can be drawn by an impeller or other agitation
US 9 ,826 ,855 B2
device 104 located within the pump housing 100. The head stored recipe specifications and user generated data files
portion 130 can house an alarm or alert system which is which can be searched based on specification .
coupled to the controller. In at least one embodiment, a sous - vide circulator cooker
FIG . 2 illustrates another example embodiment of a 10 interface dynamically changes color depending on tem
fluidic temperature control device 10 . The device 10 can 5 perature of the water circulated by the impeller or other
include a removable , tool-less screw -on or clamp-on skirt agitation device .
112 with the circulator pump housing 100 . The skirt 112 and In at least one embodiment, a sous- vide circulator cooker
pump housing 100 can be composed of stainless steel or 10 includes a housing that defines the shape or form of the
other suitable materials. The skirt can be removable screw - device. The housing also encloses and supports internally
on or clamp -on device on themiddle portion 120 . The device various electrical components (including motors, fans, and
can also include a liquid ejection (flow -out) opening 102 at electronics ). The housing and shape can also be various
the side of the bottom of the device 10 through which fluid shapes rather than cylindrical in appearance .
can pass . The pump housing can be removable screw -on or In one or more embodiments, there is disclosed herein a
clamp -on device on skirt 112 . The skirt 112 and pump 16 fluidic temperature control device for sous - vide cooking
housing 100 can rotate in order to let the opening 102 aim which includes an upper portion including a controller, a
to various directions in the water tank . The skirt 112 can be display device and an input device coupled to the controller ;
configured with one ormore liquid intake (flow - in ) openings a middle portion connected to the upper portion , the middle
118 . The middle portion 120 can comprise a pump motor portion housing a motor coupled to the controller , a steam
base 123 , the motor being configured to drive a pump or 20 removal fan coupled to the motor; a lower portion connected
impeller to agitate the cooking fluid . The middle portion 120 to the middle portion , the lower portion housing a fluid
can also comprise a fan to blow out steam , if any, inside the agitation device coupled to the motor , a heating element
middle portion 120 . Atop the device 10 is an up to 360 coupled to the controller, and the lower portion configured
degree rotating control and display head 130 . The display for at least partial immersion in a fluid .
head can include a LCD display 132 with touch controls . As 25 In some embodiments , the upper portion of the fluidic
illustrated , the device 10 can also include a clamping hanger temperature control is configured to protect the controller,
140 by which the device 10 can be removably attached to a display device and input device from steam during use . In
vessel containing the fluid being heated by the device 10 . some embodiments , the agitation device is an impeller, or a
Also as illustrated the clamping hanger 140 can be con rotatable blade.
nected to the middle portion of the device via a clamp joint 30 In some embodiments , the lower portion the fluidic tem
145 . A convenient power jack is located in a clamp joint 145 . perature control device wherein is composed of at least
FIG . 3 illustrates a detail view of the lower portion 112 of stainless steel. Additionally, the lower portion can contain
an embodiment of a circulator cooker ( fluidic temperature slits running along at least a portion of a length of the lower
control device 10 ) . As discussed above , the device 10 portion . In some embodiments , the lower portion is remov
includes a removable , tool -less screw - on or clamp - on cir - 35 able from the middle portion and removal of the middle
culator skirt 112 and a removable , tool-less screw - on or portion exposes the agitation device . In some embodiments ,
clamp-on circulator pump housing 100 composed of stain the upper portion of the fluidic temperature control device is
less steel or other suitable materials . Also as discussed rotatable with respect to the middle portion .
above , the lower portion 112 of the device includes at least In some embodiments, the heating element 125 is proxi
one liquid ejection ( flow -out ) opening 118 . Substantially 40 mate the agitation device. Additionally , the heating element
within the lower portion 112 is a circulator pump 100 can be housed substantially within the agitation device . In
including an impeller 104 which can be used to mix or some embodiments , the controller is configurable to control
circulate a fluid or liquid such as cooking water . As dis - the temperature of the heating element. In some embodi
cussed above, the device 10 can include an easily remov ments, the controller is configurable to control the speed of
able , tool- less screw -on or clamp- on stainless steel skirt 112 . 45 the agitation device . In some embodiments , the controller is
The skirt 112 can be configured with one or more liquid configurable to receive data inputs inputted via the input
intake (flow -in ) openings 118 . The circulator pump impeller device , the inputs comprising control commands to control
106 is connected to a pump motor shaft 125 which is in turn the temperature of the heating element. In one or more
connected to the motor housed within themotor housing 120 embodiments , there is disclosed herein a sous- vide circula
( see FIG . 1 ) . The lower portion can include one or more 50 tor cooker which includes a rotatable head controller ; a
temperature detection sensors or thermometers or both . stainless steel skirt connected to the rotatable head control
In at least one embodiment, a sous - vide circulator cooker l er ; a wireless radio device within the rotatable head con
10 includes a stainless steel skirt that can be removed troller ; and recipe specifications stored in non - volatile
without tools for cleaning. In another embodiment, the memory within the rotatable head controller. In some
sous - vide circulator cooker stainless steel skirt, once 55 embodiments the rotating head controller can turn left or
removed , will expose the water pump' s impellers for clean - right.
ing In some embodiments the stainless steel skirt can be
In at least one embodiment, a sous -vide circulator cooker removed without tools. Additionally, in some embodiments ,
10 can receive recipe specifications from external devices removal of the stainless steel skirt exposes pump impellers .
like phones, tablets and PCs. The specifications can then 60 In some embodiments the rotatable head controller includes
direct the cook time, water pump speed and cook tempera - a Wi- Fi/Blue tooth radio device . Additionally , in some
ture of the device 10 . embodiments , the rotatable head controller is configurable to
In at least one embodiment, a sous -vide circulator cooker also store user-input specifications. Moreover, in some
10 stores a plurality of recipe specifications and user gen - embodiments the head controller includes display elements
erated data files . Users of the device 10 can recall recipe 65 that change color based on water temperature . In some
specifications from an internal recipe book . In at least one embodiments the head controller is configurable to search
embodiment, the sous- vide circulator cooker 10 categorizes stored recipes based on the stored user-input specifications.
US 9 ,826 ,855 B2
Atleast one embodiment within this disclosure is a fluidic at least partial immersion in a fluid . Also as shown in FIG .
temperature control device for sous-vide cooking . The con - 4 , the upper portion 130 can contain a speaker 402 that is
trol device can include an upper portion including a con connected to the controller 400. The controller 400 can be
troller, a display device , an input device and speaker/buzzer configured to send a signal to the speaker to sound an alarm
coupled to the controller . The control device can also include 5 when a detected temperature of the device 10 rises to a first
a middle portion connected to the upper portion . Themiddle predetermined temperature .
portion can in some embodiments ,house a motor coupled to The various embodiments described above are provided
the controller. The control device can also include a lower by way of illustration only and should not be construed to
portion which is connected to the middle portion , the lower limit the scope of the disclosure . Modifications and changes
portion housing a fluid agitation device coupled to the motor, 10 that may be made using the principles described herein
a heating element coupled to the controller. The lower without departing from the scope of the disclosure or the
portion can be configured for at least partial immersion in a following claims.
fluid . The invention claimed is :
In at least one embodiment, the upper portion can contain 1 . A fluidic temperature control device for sous-vide
a speaker or a visual alarm or both that is connected to the 15 cooking comprising:
controller. The controller can configured to send a signal to an upper portion and a middle portion including a con
the speaker to sound an alarm , or send a signal to the visual troller, a display device, an input device coupled to the
alarm , when a detected temperature of the device rises to a controller and a motor coupled to the controller ;
first predetermined temperature . a lower portion releasably connected to the upper and the
In at least one embodiment, the controller can be config - 20 middle portions, the lower portion housing a fluid
ured to send a signal to the speaker ( or other suitable agitation device coupled to the motor and passing
apparatus) to sound an alarm when a detected temperature of through a heating element, the heating element coupled
the device cools to a second predetermined temperature . In to the controller, and the lower portion configured with
at least one embodiment, the cooling to the second prede a plurality of vertical perforations and a plurality of
termined temperature can be caused naturally by convective 25 horizontal perforations and for at least partial immer
cooling sion in a fluid .
In at least one embodiment, the controller can be config - 2 . The fluidic temperature control device of claim 1,
ured to recognize a user - induced heating and a user -induced wherein the upper portion contains a speaker that is con
cooling, and can be further configured to override the above nected to the controller, wherein the controller is configured
discussed alert signals until the detected temperature begins 30 to send a signal to the speaker to sound an alarm when a
to normalize . In at least one embodiment, the normalization detected temperature of the device rises to a first predeter
of the detected temperature can be determined by estimating mined temperature .
temperature trends of a fluid within the lower portion . 3 . The fluidic temperature control device of claim 2 ,
In at least one embodiment, the upper portion can contain wherein the controller is further configured to send a signal
a radio transmitter that is connected to the controller . The 35 to the speaker to sound an alarm when a detected tempera
controller can be configured to send a signal to the radio ture of the device cools to a second predetermined tempera
transmitter to send an alert signal to an electronic device in ture .
signal communication with the radio transmitter when a 4 . The fluidic temperature control device of claim 3 ,
detected temperature of the fluidic temperature control wherein the cooling to the second predetermined tempera
device rises to a first predetermined temperature , such as a 40 ture is caused by convective cooling .
suitable cooking temperature. 5 . The fluidic temperature control device of claim 3 ,
In at least one embodiment, the controller can be config - wherein the controller is further configured to recognize a
ured to send a signal to the radio transmitter to send an alert user - induced heating and a user- induced cooling by data
signal to the electronic device in signal communication with received from a temperature sensor at least partially sub
the radio transmitter when a detected temperature of the 45 merged in the fluid , and is further configured to override the
fluidic temperature control device cools to a second prede - signals until the detected temperature begins to normalize .
termined temperature . As above, the cooling to the second 6 . The fluidic temperature control device of claim 1 ,
predetermined temperature can be caused naturally by con - wherein the upper portion contains a radio transmitter that is
vective cooling . connected to the controller, wherein the controller is con
In at least one embodiment, the controller can be config - 50 figured to send a signal to the radio transmitter to send an
ured to recognize a user - induced heating and a user -induced alert signal to an electronic device in signal communication
cooling , and can be configured to override the previously with the radio transmitter when a detected temperature of the
discussed alert signals until the detected temperature begins fluidic temperature control device rises to a first predeter
to normalize . Again , the normalization can be determined by mined temperature .
estimating temperature trends of a fluid within the lower 55 7 . The fluidic temperature control device of claim 6 ,
portion . wherein the controller is configured to send a signal to the
FIG . 4 is a block diagram of a fluidic temperature control radio transmitter to send an alert signal to the electronic
device 10 for sous - vide cooking comprising : an upper device in signal communication with the radio transmitter
portion 130 including a controller 400 , and a display device when a detected temperature of the fluidic temperature
132 and an input device 133 which are coupled to the 60 control device cools to a second predetermined temperature .
controller 400 ; a middle portion 120 connected to the upper 8 . The fluidic temperature control device of claim 7,
portion 130 , the middle portion 120 housing a motor 150 wherein the cooling to the second predetermined tempera
coupled to the controller 400 ; and a lower portion 112 ture is caused convective cooling .
connected to the middle portion 120 . As shown , the lower 9 . The fluidic temperature control device of claim 7 ,
portion 112 can house a fluid agitation device 104 coupled 65 wherein the controller is further configured to recognize a
to the motor 150 , and a heating element 125 coupled to the user -induced heating and a user -induced cooling by data
controller 400 . The lower portion 400 can be configured for received from a temperature sensor at least partially sub
US 9 ,826 ,855 B2
merged in the fluid , and is further configured to override the
signals until the detected temperature begins to normalize .
10 . The fluidic temperature control device of claim 1 ,
wherein the upper portion contains a buzzer that is con
nected to the controller , wherein the controller is configured 5
to send a signal to the buzzer to sound an alarm when a
detected temperature of the device rises to a first predeter
mined temperature .
wherein the controller is further configured to send a signal 10
to the buzzer to sound an alarm when a detected temperature
of the device cools to a second predetermined temperature .
wherein the cooling to the second predetermined tempera
ture is caused naturally by convective cooling . is
wherein the controller is further configured to recognize a
user - induced heating and a user-induced cooling by data
received from a temperature sensor at least partially sub
merged in the fluid , and is further configured to override the 20
signals until the detected temperature begins to normalize .
* * * * *
EXHIBIT B
USOOD8621545
(12) United States Design Patent (10 ) Patent No.: US D862, 154 S
Van Den Nieuwenhuizen et al. (45 ) Date of Patent : * * Oct. 8 , 2019
(54 ) CIRCULATOR COOKER 2013 /0220143 A1
2015 / 0082996 A1
8 / 2013 Fetterman et al.
3 /2015 Wu
(71) Applicant: Anova Applied Electronics, Inc ., San 2015 /0150403 A1 6 / 2015 Wu
2015 /0245731 Al 9 /2015 Wu
Francisco , CA (US) 2015 /0342388 Al 12 / 2015 Wu
2015 /0342389 Al 12 /2015 Wu
( 72 ) Inventors: John Van Den Nieuwenhuizen , San 2015 /0342390 A1 12 /2015 Wu
Francisco , CA (US) ; Vitor Alexandre 2015 / 0342392 Al 12/ 2015 Wu
2016 /0022085 AL 1/ 2016 Wu
Medeiros De Santa Maria , Milan ( IT ) 2016 /0037956 AL 2 /2016 Wu
2016 /0192801 A1 7 /2016 Wu
(73 ) Assignee: Anova Applied Electronics, Inc ., San 2016 /0209077 A1 *
2017 / 0089768 A1 *
7 /2016 Wu ....
3/ 2017 Wu . . . . . . . . . . . . ..
BOIL 7 /02
... .. A47327/ 10
Francisco , CA (US)
(* * ) Term : 15 Years OTHER PUBLICATIONS
( 21) Appl. No .: 297611,354 Notice of Allowance for U . S . Appl. No. 29 /631,873 , dated Feb . 25,
2019 , 6 pages .
(22) Filed : Jul. 20 , 2017 * cited by examiner
(51) LOC (12 ) CI. ... ......................................... 07 -02
(52 ) U .S . CI. Primary Examiner — Brett Miller
USPC ..... 07/362 (74 ) Attorney, Agent, or Firm — RatnerPrestia
(58 ) Field of Classification Search
USPC ........ D7 /323 , 331, 362, 365, 354 ; D14 /216 ; (57) CLAIM
D13 / 107 ; D10 /49 , 50 The ornamental design for a circulator cooker, as shown and
CPC ......... A473 27 /10 ; A23L 5 /13 ; B65D 81 /3415 described .
See application file for complete search history.
DESCRIPTION
(56 ) References Cited
U . S . PATENT DOCUMENTS FIG . 1 is a front perspective view of a circulator cooker
showing our new design ;
3 ,270 ,661 A 9 / 1966 Juvan FIG . 2 is a rear perspective view thereof;
5 , 336 ,401 A 8 / 1994 Tu FIG . 3 is a front view thereof;
D496 ,651 S * 9 / 2004 Borsboom . . . . . D14 /216 FIG . 4 is a rear view thereof;
D527, 502 S 8 / 2006 Yoshimoto et al. FIG . 5 is a left side view thereof ;
7 ,389,629 B2 6 / 2008 Tretina
D748, 052 S * 1/ 2016 Behar ......................... D13 / 107 FIG . 6 is a right side view thereof;
D771, 562 S * 11/ 2016 Dolle ........ D13 / 107 FIG . 7 is a top plan view thereof; and ,
9 ,615,689 B2 4 / 2017 Plazarte et al. FIG . 8 is a bottom plan view thereof.
9 ,687, 104 B2 6 / 2017 Wu et al. The broken lines in the drawings are for the purpose of
D792 ,736 S 7 /2017 Chen
9 ,826 , 855 B2 11/ 2017 Wu illustrating unclaimed portions of the circulator cooker and
D808,926 S * 1/2018 Kim .. ...................... D14 /216 form no part of the claimed design .
D836 , 967 S 1/ 2019 Lin
D837, 732 S * 1/ 2019 Derouineau ............ D13 / 107 1 Claim , 7 Drawing Sheets
-
|
-
-
-
-
-
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-
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-- - - G - -
-
atent Oct. 8 , 2019 Sheet 1 of 7 US D862, 154 S
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FIG . 1
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WAVA
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FIG . 2
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FIG . 3
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FIG . 4
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atent 0ct. 8 , 2019 Sheet 5 of 7 US D862 ,154 S
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# ? ? - - -- - - - - - - - ? ??
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FIG . 5
ber
FIG . 6
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FIG . 8
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Anova Applied Electronics, Inc. Instant Brands, Inc. d/b/a Instant Pot
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Paul J. Hayes, Prince Lobel Tye LLP, One International Pl., Ste. 3700,
Boston, MA 02110; Tel. (617) 456-8000
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
" 1 U.S. Government " 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State " 1 " 1 Incorporated or Principal Place " 4 " 4
of Business In This State
" 2 U.S. Government " 4 Diversity Citizen of Another State " 2 " 2 Incorporated and Principal Place " 5 " 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a " 3 " 3 Foreign Nation " 6 " 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
" 110 Insurance PERSONAL INJURY PERSONAL INJURY " 625 Drug Related Seizure " 422 Appeal 28 USC 158 " 375 False Claims Act
" 120 Marine " 310 Airplane " 365 Personal Injury - of Property 21 USC 881 " 423 Withdrawal " 376 Qui Tam (31 USC
" 130 Miller Act " 315 Airplane Product Product Liability " 690 Other 28 USC 157 3729(a))
" 140 Negotiable Instrument Liability " 367 Health Care/ " 400 State Reapportionment
" 150 Recovery of Overpayment " 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS " 410 Antitrust
& Enforcement of Judgment Slander Personal Injury " 820 Copyrights " 430 Banks and Banking
" 151 Medicare Act " 330 Federal Employers’ Product Liability " 830 Patent " 450 Commerce
" 152 Recovery of Defaulted Liability " 368 Asbestos Personal " 835 Patent - Abbreviated " 460 Deportation
Student Loans " 340 Marine Injury Product New Drug Application " 470 Racketeer Influenced and
(Excludes Veterans) " 345 Marine Product Liability " 840 Trademark Corrupt Organizations
" 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY " 480 Consumer Credit
of Veteran’s Benefits " 350 Motor Vehicle " 370 Other Fraud " 710 Fair Labor Standards " 861 HIA (1395ff) " 490 Cable/Sat TV
" 160 Stockholders’ Suits " 355 Motor Vehicle " 371 Truth in Lending Act " 862 Black Lung (923) " 850 Securities/Commodities/
" 190 Other Contract Product Liability " 380 Other Personal " 720 Labor/Management " 863 DIWC/DIWW (405(g)) Exchange
" 195 Contract Product Liability " 360 Other Personal Property Damage Relations " 864 SSID Title XVI " 890 Other Statutory Actions
" 196 Franchise Injury " 385 Property Damage " 740 Railway Labor Act " 865 RSI (405(g)) " 891 Agricultural Acts
" 362 Personal Injury - Product Liability " 751 Family and Medical " 893 Environmental Matters
Medical Malpractice Leave Act " 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS " 790 Other Labor Litigation FEDERAL TAX SUITS Act
" 210 Land Condemnation " 440 Other Civil Rights Habeas Corpus: " 791 Employee Retirement " 870 Taxes (U.S. Plaintiff " 896 Arbitration
" 220 Foreclosure " 441 Voting " 463 Alien Detainee Income Security Act or Defendant) " 899 Administrative Procedure
" 230 Rent Lease & Ejectment " 442 Employment " 510 Motions to Vacate " 871 IRS—Third Party Act/Review or Appeal of
" 240 Torts to Land " 443 Housing/ Sentence 26 USC 7609 Agency Decision
" 245 Tort Product Liability Accommodations " 530 General " 950 Constitutionality of
" 290 All Other Real Property " 445 Amer. w/Disabilities - " 535 Death Penalty IMMIGRATION State Statutes
Employment Other: " 462 Naturalization Application
" 446 Amer. w/Disabilities - " 540 Mandamus & Other " 465 Other Immigration
Other " 550 Civil Rights Actions
" 448 Education " 555 Prison Condition
" 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
" 1 Original " 2 Removed from " 3 Remanded from " 4 Reinstated or " 5 Transferred from " 6 Multidistrict " 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. §§ 1331 and 1338(a); 35 U.S.C. § 271, et seq.
VI. CAUSE OF ACTION Brief description of cause:
Infringement U.S. Patent Nos. 9,826,855 and D862,154
VII. REQUESTED IN " CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: " Yes " No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
11/09/2019 /s/ Paul J. Hayes
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only) Anova Applied Electronics, Inc. v. Instant Brands, Inc. d/b/a Instant Pot
2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).
✔ I. 160, 400, 410, 441, 535, 830*, 835*, 850, 891, 893, R.23, REGARDLESS OF NATURE OF SUIT.
II. 110, 130, 190, 196, 370, 375, 376, 440, 442, 443, 445, 446, 448, 470, 751, 820*, 840*, 895, 896, 899.
120, 140, 150, 151, 152, 153, 195, 210, 220, 230, 240, 245, 290, 310, 315, 320, 330, 340, 345, 350, 355, 360, 362,
III. 365, 367, 368, 371, 380, 385, 422, 423, 430, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 560, 625,
690, 710, 720, 740, 790, 791, 861-865, 870, 871, 890, 950.
*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.
3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.
4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES 9 NO 9✔
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC
§2403)
YES 9 NO ✔
9
If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
YES 9 NO 9
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?
YES 9 NO 9
✔
7. Do all of the parties in this action, excluding governmental agencies of the United States and the Commonwealth of
Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
YES ✔
9 NO 9
A. If yes, in which division do all of the non-governmental parties reside?
Eastern Division 9✔ Central Division 9 Western Division 9

B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,
residing in Massachusetts reside?
Eastern Division 9 Central Division 9 Western Division 9

8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,
submit a separate sheet identifying the motions)
YES 9 NO 9
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME Paul J. Hayes
ADDRESS Prince Lobel Tye, One International Place, Suite 3700, Boston, MA 02110
TELEPHONE NO. 617-456-8000
(CategoryForm1-2019.wpd )

Anova Applied Elecs. v. Instant Brands - Complaint

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Case 1:19-cv-12311 Document 1 Filed 11/09/19 Page 1 of 14

UNITED STATES DISTRICT COURT

ANOVA APPLIED ELECTRONICS, INC., Civil Action No. 19-cv-12311

Instant Brands, Inc. d/b/a Instant Pot (“Instant Pot”), alleges:

1. Anova is a Delaware company incorporated in 2015, having a primary place of

JURISDICTION AND VENUE

§§ 1331 and 1338(a).

services provided to customers in Massachusetts.

5. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b)-(c) and

and/or (iii) Instant Pot is not a resident of the United States.

6. Anova is an award-winning San Francisco-based company and a global leader in

among consumers worldwide.

7. Anova incorporates by reference paragraphs 1 - 6 above.

patent”), entitled CIRCULATOR COOKER WITH ALARM SYSTEM, which issued on

cooking, as shown below:

controller, as shown below:

middle portions, as seen below:

(i.e., heating coil), which is coupled to the Accu SV800’s controller:

Heating element (coil)

immersion in fluid, as shown below:

middle portions, as seen below:

is coupled to the Accu Slim’s controller:

least partial immersion in fluid, as seen below:

the ’855 patent under 35 U.S.C. § 271(b).

thus liable for infringement under 35 U.S.C. § 271(c).

infringement of claims 1 and 2 of the ’855 patent.

versions of the Accu SV800 and Accu Slim devices.

28. Anova incorporates by reference paragraphs 1-27 above.

patent and Instant Pot’s Accu Slim device:

claimed in the ’D154 patent.

violation of 35 U.S.C. § 271(a).

under 35 U.S.C. § 271(c).

infringement of the ’D154 patent.

overall appearance of the ornamental design of the ’D154 patent.

further infringement of the ’D154 patent.

PRAYER FOR RELIEF

the ’855 and ’D154 patents;

DEMAND FOR JURY TRIAL

Dated: November 9, 2019 Respectfully submitted,

/s/ Paul J. Hayes

ATTORNEYS FOR THE PLAINTIFF

(12) United States Patent (10) Patent No.: US 9 ,826 ,855 B2

(56 ) References Cited

U . S . Patent Nov. 28 , 2017 Sheet 1 of 3 US 9 ,826 ,855 B2

U . S . Patent Nov. 28 , 2017 Sheet 2 of 3 US 9 ,826 , 855 B2

atent Nov . 28 , 2017 Sheet 3 of 3 US 9 ,826 ,855 B2

atent Oct. 8 , 2019 Sheet 1 of 7 US D862, 154 S

atent Oct. 8 , 2019 Sheet 2 of 7 US D862, 154 S

atent Oct. 8 , 2019 Sheet 3 of 7 US D862, 154 S

atent Oct. 8 , 2019 Sheet 4 of 7 US D862, 154 S

atent 0ct. 8 , 2019 Sheet 5 of 7 US D862 ,154 S

atent Oct. 8 , 2019 Sheet 6 of 7 US D862, 154 S

atent Oct. 8 , 2019 Sheet 7 of 7 US D862, 154 S

I. (a) PLAINTIFFS DEFENDANTS

Citizen or Subject of a " 3 " 3 Foreign Nation " 6 " 6

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.

Eastern Division 9✔ Central Division 9 Western Division 9

Eastern Division 9 Central Division 9 Western Division 9

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