Case 9:21-cv-82068-XXXX Document 1 Entered on FLSD Docket 11/12/2021 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

KITCHINVENTIONS, LLC, a Florida

Limited Liability Company,

Plaintiff, Case No.:

v.

WALMART INC., a Delaware Corporation,

Defendant.
______________________________________/

COMPLAINT

Pursuant to the applicable rules of this Court, Plaintiff, Kitchinventions, LLC (hereinafter,

“Plaintiff” or “Kitchinventions”), sues Defendant, Walmart Inc. (hereinafter “Defendant” or

“Walmart”) and alleges:

NATURE OF THE ACTION

This is an action for patent infringement arising from Walmart’s unauthorized sale of a

suction spoon rest that infringes Kitchinvention’s United States utility and design patents.

Walmart’s conduct is unlawful and must be enjoined.

JURISDICTION AND VENUE

1. This Court has original jurisdiction over Kitchinvention’s claims for patent

infringement under 28 U.S.C. §§ 1331 and 1338(a) in that these claims arise under the Patent Laws

of the United States, 35 U.S.C. § 271 et seq.

2. This Court has personal jurisdiction over Walmart in that it is registered to do

business in the State of Florida and otherwise operates, conducts, engages in, and/or carries on a

business or business venture in the State of Florida, namely through its 385 retail stores throughout

1
Case 9:21-cv-82068-XXXX Document 1 Entered on FLSD Docket 11/12/2021 Page 2 of 7

the state.

3. Venue is proper in this District pursuant to 28 U.S.C. § 1400(b) because Walmart

has committed acts of infringement in this District and has a regular and established place of

business within this District, namely its numerous retail stores throughout the counties of this

District including in Palm Beach, Broward, and Miami-Dade counties.

THE PARTIES

4. Kitchinventions is a limited liability company organized and existing under the laws

of the state of Florida and has its principal offices at 11 East Riverside Drive, Unit B, Jupiter, FL

33469.

5. Kitchinventions is a consumer products development, manufacturing, distribution,

and retail company specializing in kitchen products.

6. Walmart is a Delaware corporation with principal business offices located at 702

SW 8th St, Bentonville, Arkansas 72716.

FACTS COMMON TO ALL COUNTS

7. On February 18, 2020, the United States Patent and Trademark Office (“USPTO”)

issued U.S. Patent No. 10,561,279 (the “279 Patent”) entitled “Utensil Rest.”

8. The ‘279 Patent matured from U.S. Patent App. No. 15/968,815 filed on May 2,

2018, which claims priority to U.S. Provisional App. No. 62/505,260 filed on May 12, 2017. A

true and correct copy of the ‘279 Patent is attached as Exhibit A.

9. On June 9, 2020, the USPTO issued U.S. Design Patent No. D886,547 (the “’547

Patent”) entitled “Utensil Rest.”

10. The ‘547 Patent matured from U.S. Design Patent App. No. 29/646,129, filed on

May 2, 2018. A true and correct copy of the ‘547 Patent is attached as Exhibit B.

2
Case 9:21-cv-82068-XXXX Document 1 Entered on FLSD Docket 11/12/2021 Page 3 of 7

11. Kitchinventions is the owner by assignment of all right, title, and interest in and to

the ‘279 Patent and the ‘547 Patent (collectively, the “Asserted Patents”).

12. The Asserted Patents cover Kitchinvention’s Spoon Buddy-branded utensil rest

which is marketed and sold through Kitchinvention’s website (www.kitchinventions.com),

Amazon, HSN, HomeGoods, and Bed Bath & Beyond, among other online and physical retail

outlets.

13. Kitchinvention’s Spoon Buddy-branded utensil was also pitched to Walmart in

2018.

14. To date, Kitchinventions has sold approximately 50,000 units of the patented

product, which is manufactured exclusively in the United States. Attached as Exhibit C are

photographs of Kitchinventions’ authentic Spoon Buddy-branded utensil rest.

15. In September 2021, Kitchinventions became aware that Walmart was importing,

distributing, and selling a “Cuisinart Suction Spoon Rest” (the “Infringing Product”), which is a

silicone bowl-like device with a handle rest, retention tab, and suction cup indistinguishable from

the inventions claimed in the Asserted Patents and Kitchinventions Spoon Buddy-branded utensil

rest.

16. The Infringing Product is manufactured in China and imported into the United States

by Best Brands Consumer Products, Inc. and/or Best Brands Sales Company, LLC (collectively,

“Best Brands”) for distribution and sale to retailers such as Walmart.

17. Defendant purchased the Infringing Product from Best Brands, in quantity, for sale

by Walmart at physical retail and ecommerce channels. Attached as Exhibit D are photographs of

the Infringing Product as found on store shelves in Walmart.

18. The Infringing Product is available for purchase at Walmart stores throughout this

District, including at Walmart locations in Stuart, Florida and Jupiter, Florida.

3
Case 9:21-cv-82068-XXXX Document 1 Entered on FLSD Docket 11/12/2021 Page 4 of 7

19. On September 14, 2021, Kitchinventions wrote to Walmart stating that Walmart was

infringing the Asserted Patents and demanding Walmart immediately cease all manufacture,

importation, distribution, and sale of the Infringing Product. A true and correct copy of this demand

letter is attached as Exhibit E.

20. As of the date of this Complaint, and despite acknowledging receipt of

Kitchinventions’ demand letter, the Infringing Product remains on sale at Walmart’s retail stores.

COUNT I
INFRINGEMENT OF U.S. PATENT NO. 10,561,279

Kitchinventions repeats and incorporates each and every allegation in paragraphs 1 through

20.

21. As demonstrated in the claim chart attached as Exhibit F, the Infringing Product

includes each and every element of at least claim 1 of the ‘279 Patent.

22. The Infringing Product comprises: (a) a main body having a perimeter rim; (b) a

handle rest extending outward and away from the main body at an upward angle relative to a top

plane of the main body; (c) a retention tab disposed on the perimeter rim of the main body, the

retention tab extending inward toward a center of the main body; and (d) a suction cup attached to

a bottom surface of the main body.

23. Walmart has directly infringed the ‘279 Patent by making, using, offering to sell

and/or selling the Infringing Product which directly infringes at least claim 1 of the ‘279 Patent, in

violation of 35 U.S.C. § 271(a).

24. Alternatively, Walmart has directly infringed the ‘279 Patent by making, using,

offering to sell and/or selling the Infringing Product which infringe at least claim 1 of the ‘279

Patent under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a).

25. Walmart’s unlawful acts are not authorized or licensed by Kitchinventions.

4
Case 9:21-cv-82068-XXXX Document 1 Entered on FLSD Docket 11/12/2021 Page 5 of 7

26. Kitchinventions has put Walmart on actual and/or constructive notice of

Kitchinventions’ rights in the ‘279 Patent but Walmart has not ceased its infringing activities.

27. Kitchinventions has been damaged by Walmart’s acts of infringement of the ‘279

Patent in an amount to be determined, but in no event less than a reasonable royalty pursuant to 35

U.S.C. § 284.

28. Walmart’s infringement has been willful and intentional, entitling Kitchinventions

to enhanced damages pursuant to 35 U.S.C. § 284.

29. This is an exceptional case, entitling Kitchinventions to recovery of its reasonable

attorneys’ fees pursuant to 35 U.S.C. § 285.

30. Unless Walmart is restrained from continuing its wrongful acts, Kitchinventions will

continue to suffer serious and irreparable harm for which it has no adequate remedy at law.

COUNT II
INFRINGEMENT OF U.S. PATENT NO. D886,547

Kitchinventions repeats and incorporates each and every allegation in paragraphs 1 through

20.

31. With respect to the ‘547 Patent, the claim chart attached as Exhibit G demonstrates

that the resemblance between the patented design and the Infringing Product is such that an ordinary

observer, giving such attention as a purchaser usually gives, would be deceived into purchasing the

Infringing Product supposing it to be the patented design.

32. Walmart has directly infringed the ‘547 Patent by making, using, offering to sell

and/or selling the Infringing Product which infringes the claim of the ‘547 Patent, in violation of

35 U.S.C. § 271(a).

33. Walmart’s unlawful acts are not authorized or licensed by Kitchinventions.

34. Kitchinventions has put Walmart on actual and/or constructive notice of

5
Case 9:21-cv-82068-XXXX Document 1 Entered on FLSD Docket 11/12/2021 Page 6 of 7

Kitchinventions’ rights in the ‘547 Patent but Walmart has not ceased its infringing activities.

35. Kitchinventions has been damaged by Walmart’ acts of infringement of the ‘547

Patent in an amount to be determined, but in no event less than a reasonable royalty pursuant to 35

U.S.C. § 284.

36. Walmart’s infringement has been willful and intentional, entitling Kitchinventions

to enhanced damages pursuant to 35 U.S.C. § 284.

37. This is an exceptional case, entitling Kitchinventions to recovery of its reasonable

attorneys’ fees pursuant to 35 U.S.C. § 285.

38. Unless Walmart is restrained from continuing its wrongful acts, Kitchinventions will

continue to suffer serious and irreparable harm for which it has no adequate remedy at law.

JURY DEMAND

Kitchinventions hereby demands on jury trial on all claims and issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Kitchinventions demands the following relief against Walmart:

A. Entry of a judgment against Walmart awarding Kitchinventions its damages

in an amount to be determined but in no event less than a reasonable royalty pursuant to 35 U.S.C.

§ 284;

B. Entry of a judgment against Walmart awarding Kitchinventions treble

damages pursuant to 35 U.S.C. § 284;

C. Entry of a judgment finding that this is an exceptional case and ordering

Walmart to pay to Kitchinventions its reasonable attorney's fees pursuant to 35 U.S.C. § 285;

D. Entry of a judgment permanently enjoining and restraining Walmart, its

officers, directors, principals, managers, agents, servants, employees, and attorneys, and those in

6
Case 9:21-cv-82068-XXXX Document 1 Entered on FLSD Docket 11/12/2021 Page 7 of 7

active concert or participation with any of the foregoing from further acts of infringement of the

Asserted Patents; and

E. Ordering Kitchinventions be awarded such other and further relief as the

Court finds just and proper.

Dated: November 12, 2021 Respectfully submitted,

BERGER SINGERMAN LLP

Attorneys for Plaintiff
201 East Las Olas Boulevard, Suite 1500
Fort Lauderdale, Florida 33301
Telephone: (954) 525-9900
Facsimile: (954) 523-2872

By: s/ Geoffrey Lottenberg

Michael J. Higer
Florida Bar No. 500798
[email protected]
[email protected]
Geoffrey Lottenberg
Florida Bar No. 56240
[email protected]
[email protected]

7
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 1 of 13

EXHIBIT A
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 2 of 13
Illlllllllllllllllllllllllllllllllllllllllllllllllllllll
US010561279B2

(12) United States Patent (io) Patent No.: US 10,561,279 B2

Monk (45) Date of Patent: Feb. 18, 2020

(54) UTENSIL REST USPC 73/427

See application file for complete search history.
(71) Applicant: Kitchinventions, EEC, Jupiter, FL
(US) (56) References Cited

(72) Inventor: Derek Monk, Jupiter, FL (US) U.S. PATENT DOCUMENTS

5,823,483 A * 10/1998 Gaskill A47J 43/287

(73) Assignee: Kitchinventions, EEC, Jupiter, FL
248/37.6
(US) 6,619,604 Bl* 9/2003 Stillman A47J 45/02
248/205.5
(*) Notice: Subject to any disclaimer, the term of this 6,991,200 B2 * 1/2006 Stillman A47J 45/02
patent is extended or adjusted under 35 15/257.01
U.S.C. 154(b) by 66 days. 9,414,717 B2* 8/2016 Tollasepp .. A47J 47/20
9,808,123 Bl* 11/2017 Brinkmann A47L 23/05
2014/0034795 A1 * 2/2014 Brinkmann F16M 13/02
(21) Appl. No.: 15/968,815
248/213.2
(22) Filed: May 2, 2018 cited by examiner

(65) Prior Publication Data Primary Examiner — Jamel E Williams

(74) Attorney, Agent, or Firm — Berger Singerman LLP;
US 2018/0325321 A1 Nov. 15, 2018
Geoffrey Lottenberg

Related U.S. Application Data (57) ABSTRACT

A utensil rest has a main body, a handle rest extending
(60) Provisional application No. 62/505,260, filed on May
outward and away from the main body at an upward angle
12, 2017.
relative a top plane of the main body, and a retention tab on
the perimeter rim of the main body and extending inward
(51) Int. Cl.
toward a center of the main body. A suction cup is attached
A47J 47/16 (2006.01) to the bottom surface of the main body. The main body may
A47J 43/28 (2006.01) be bowl-like or spoon-like. The retention tab is configured to
G01F 19/00 (2006.01) receive the distal end of a utensil with the handle of the
(52) U.S. Cl. utensil resting on the handle rest. The utensil rest can also be
CPC A47J 43/287 (2013.01); A47J 47/16 configured as ajar opener, measuring device, and removable
(2013.01); G01F 19/002 (2013.01) handle for a plate or other object.
(58) Field of Classification Search
CPC A47J 47/16; G01F 19/002 14 Claims, 8 Drawing Sheets

10
102
103

111
103

104
7
/

105

101

108
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 3 of 13

U.S. Patent Feb. 18, 2020 Sheet 1 of 8 US 10,561,279 B2

CXi
C3
S **^3“
C^>

co
C3

LT>
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 4 of 13

U.S. Patent Feb. 18, 2020 Sheet 2 of 8 US 10,561,279 B2

S-O

CO
r—>

OJ

CO

s
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 5 of 13

U.S. Patent Feb. 18, 2020 Sheet 3 of 8 US 10,561,279 B2

CXi

C3

CO
-V" CO

— -V.

r-—.
co

U">

CO
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 6 of 13

U.S. Patent Feb. 18, 2020 Sheet 4 of 8 US 10,561,279 B2

LO
CT>

0*4
«CD
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 7 of 13

61>279 B2
V.s. Patent Feb. 18,2020 Sheet 5 of 8 VS I0,S

•*.S'—f

<^>

to

§
'C-—

r^...
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 8 of 13

\35 V^en
t fe\) S^e et6 ot* vs 'w

S'

/
oo
i
r-
i
!
\

\ \
\ \\ £^>
\
\ \\
\ \
\
\

O
o SS%

o «s?9
i«g\s
*
O!1

o o
o
o
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 9 of 13

U.S. Patent Feb.18, 2020 Sheet 7 of 8 US 10,561,279 B2

i O <5
! 0
O'
ft
\ C3
\ \
\ \
\\ \
A
\.
\

o,

oo ( o oO o
! ©o
© © ,0 Cs
©
0 0
\
l
\
\ \\
\ \

\\
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 10 of 13

X35? tetvt ^e\) Ao 20^0 S^e ei ^ ot* \3S 'H

a

yp'"

Oo I
OQ I

OQ
\
\ ss?

\ \
\ \
\ \.
\
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 11 of 13

US 10,561,279 B2
1 2
UTENSIL REST and specific language will be used to describe the same. It
will nevertheless be understood that no limitation of the
CROSS REFERENCE TO RELATED scope of the invention is thereby intended. Any alterations
APPLICATIONS and further modifications of the inventive features illustrated
5 herein, and any additional applications of the principles of
This application claims the benefit of U.S. Provisional the invention as illustrated herein, which would occur to one
Application Ser. No. 62/505,260 filed on May 12, 2017. skilled in the relevant art and having possession of this
disclosure, are to be considered within the scope of the
BACKGROUND OF THE INVENTION invention.
to Reference throughout this specification to an “embodi­
This invention is generally related to useful kitchen items ment,” an “example” or similar language means that a
and more particularly to a utensil rest for use separately or particular feature, structure, characteristic, or combinations
in combination with a cooking pot or pan. thereof described in connection with the embodiment is
Cooking, particularly in the home, is an often hectic, included in at least one embodiment of the present invention.
messy, and potentially unhygienic endeavor. Chefs and 15 Thus, appearances of the phrases an “embodiment,” an
cooks of all types have longed for an appropriate and secure “example,” and similar language throughout this specifica­
place to rest their utensils (spoons, spatulas, forks, ladles, tion may, but do not necessarily, all refer to the same
etc....) when they are temporarily set aside during cooking. embodiment, to different embodiments, or to one or more of
In most instances, the cook simply places the utensil down the figures. Additionally, reference to the wording “embodi­
on the stove or counter top, which is an obvious safety and 20 ment,” “example” or the like, for two or more features,
hygiene hazard. While there do exist certain spoon rests that elements, etc. does not mean that the features are necessarily
can serve the function of providing a resting place and related, dissimilar, the same, etc. The features, functions,
collecting and preventing the spread of food residue from and the like described herein are considered to be able to be
utensils, the existing designs generally comprise nothing combined in whole or in part one with another as the claims
more than a curved or profiled plate or oversized spoon 25 and/or art may direct, either directly or indirectly, implicitly
placed on the counter top. These devices can be easily or explicitly.
displaced and tipped over and are often inconvenient or As used herein, “comprising,” “including,” “containing,”
inaccessible in a hectic cooking environment when the cook “is,” “are,” “characterized by,” and grammatical equivalents
is operating several pots and pots with numerous utensils. In thereof are inclusive or open-ended terms that do not
many cases, the cook is forced to carry the soiled utensil 30 exclude additional un-recited elements or method steps. As
over the cooking area to reach the device, which commonly used herein the term “distal” generally is understood to
results in the unwanted spilling, splatter, or generally spread­ mean that which is situated away from the center of the
ing of food material. Accordingly, there is a need in the art identified structure or from the point of attachment of said
to improve upon the utility aspects of utensil rests, of which structure. The term “proximal” generally is understood to
the following invention is directed. 35 mean that which is situated nearer to the center of the body
or to the point of attachment.
BRIEF DESCRIPTION OF THE DRAWINGS With reference to FIG. 1, show is one embodiment of the
utensil rest 10 having a main body 101 that may have a
The drawings appended hereto are mere schematics rep­ generally bowl-like or spoon-like configuration. In some
resentations, not intended to portray specific parameters of 40 embodiments, the main body 101 has a circular, bowl-like or
the invention. Understanding that these drawing(s) depict spoon-like shape or an elongated, bowl-like or spoon-like
only typical embodiments of the invention and are not, shape, although other shapes and configurations may be
therefore, to be considered to be limiting its scope, the employed without departing from the spirit and scope of the
invention will be described and explained with additional invention. Attached and extending away from the main body
specificity and detail through the use of the accompanying 45 101 is a handle rest 102. In some embodiments, the handle
drawing(s), in which: rest 102 extends outward and away from the main body 101
FIG. 1 is a front perspective view of the utensil rest. at an upward angle relative the top plane of the main body
FIG. 2 is a rear perspective view of the utensil rest. 101. Further, in some embodiments, the handle rest 102 may
FIG. 3 is a side view of the utensil rest. taper inward, i.e. narrow, from its proximal to its distal end.
FIG. 4 is a top view of the utensil rest. 50 The handle rest 102 may optionally have lateral side chan­
FIG. 5 is a bottom perspective view of the utensil rest. nels 103 that are configured to retain the handle of a taiget
FIG. 6 is a perspective view of the utensil rest in use on utensil as will become more apparent in this disclosure. The
a counter top with a larger spoon. handle rest 102 may transition to the main body 101 at
FIG. 7 is a perspective view of the utensil rest in use on opening 104 at the base thereof to further enhance the
a lid of a target cooking pot, with a small spoon. 55 device’s ability to receive and retain a utensil.
FIG. 8 is a perspective view of the utensil rest in use on The utensil rest 10 further includes a retention tab 105
a lid of a target cooking pot, with a larger spoon. located along the rim 111 of the main body 101. The
FIG. 9 is a perspective view of the utensil rest in use on retention tab 105 extends inward toward the center of the
a lid of a target cooking pot, with a larger spoon. main body 101. As shown in FIG. 3, the retention tab 105
FIG. 10 is a perspective view of the utensil rest in use on 60 delimits a gap 115 between the bottom surface of the tab 105
a lid of a target cooking pot, with a spatula. and the rim 111 of the main body 101. This gap 115 is
configured to receive at least partially the distal end and/or
DETAILED DESCRIPTION edge of a utensil as described herein. In some embodiments,
the retention tab 105 is located directly across the handle rest
For the purposes of promoting an understanding of the 65 102, such that if the retention tab 105 is considered to be at
principles of this disclosure, reference will now be made to the “12 o’clock” position, the handle rest 102 is at the “6
the exemplary embodiments illustrated in the drawing(s), o’clock” position. Flowever, other configurations and loca-
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 12 of 13

US 10,561,279 B2
3 4
tions of these two structures are possible without departing enhanced gripping power for manual opening ofjars. In such
from the spirit and scope of the invention disclosed here. use, the utensil rest 10 is turned over such that the opening
With reference to FIGS. 3 and 5, extending from the of the main body 101 is received over and around the lid of
bottom of the main body 101 is a suction cup base 107 that the jar. Further still, the main body 101 may be designed
provides an attachment point for a suction cup 108. In some 5 with a predetermined amount of internal storage space that
embodiments, the suction cup 108 is removable and replace­ can function as a measuring device. For example, the main
able with respect to the cup base 107. The suction cup 108 body 101 may be configured to store Vi cup by volume for
is used to stabilize the utensil rest 10 on a surface such as a use as a measuring device. One or more visual indicators
counter top, sink, or lid of a cooking pot or pan. The suction such as a line, dash, tick mark, or the like optionally
cup provides a secure and skid-proof base that prevents to combined with a unit of measure may be molded, etched,
shifting or displacement of the utensil rest 10 while also screened, or otherwise applied to either the internal or
balancing the utensil rest 10 against the weight of a utensil external surface of the main body 101.
in order to stabilize the system and prevent tipping. The While specific embodiments have been described in
suction cup 108 can also be used as a removable handle on detail, those with ordinary skill in the art will appreciate that
a plate or other element so as permit the user to utilize such 15 various modifications and alternatives to those details could
a plate as a lid or cover in the case where, without the utensil be developed in light of the overall teachings of the disclo­
rest 10, the plate or other element would not otherwise have sures. Accordingly, the particular arrangements disclosed
a convenient handle or grasping point. are meant to be illustrative only and not limiting of the
With reference to FIGS. 6-9, shown in the utensil rest 10 invention, which is to be given the full breadth of the
used to selectively retain a variety of kitchen utensils. In 20 appended claims, and any and all equivalents thereof.
FIG. 6, the utensil rest 10 is secured via its suction cup 108 What is claimed is:
to a counter top surface. A large slotted spoon is received in 1. A utensil rest, comprising:
the main body 101 with its distal end held in by the retention a main body having a perimeter rim;
tab 105. In some embodiments, the leading distal end of the a handle rest extending outward and away from the main
utensil is received in gap 115 between the bottom surface of 25 body at an upward angle relative a top plane of the main
the retention tab 105 and the rim 111 of the main body 101. body;
The handle of the slotted spoon rests on the spout 102. The a retention tab disposed on the perimeter rim of the main
weight of the handle is counterbalanced by the retention tab body, the retention tab extending inward toward a
105 so that the spoon rests firmly and securely in the utensil center of the main body; and
rest 10. The suction cup 108 also provides stability to 30 a suction cup attached to a bottom surface of the main
counter the weight and torque caused by the relatively long body.
handle of the laige spoon. FIG. 7 demonstrates use of the 2. The utensil rest of claim 1, wherein the main body
utensil rest 10 secured to the lid of a pot by the suction cup comprises a bowl-like configuration.
108. Flere, a small spoon is retained by the rest 10. The 3. The utensil rest of claim 1, wherein the retention tab
retention tab 105 need not be employed due to the relative 35 delimits a gap between the retention tab and the rim, the gap
size and weight of the spoon which is easily and securely receiving a distal end of utensil.
retained by the rest 10. In this configuration, the suction cup 4. The utensil rest of claim 1, wherein the handle rest
108 provides sufficient stability to keep utensil rest solid and tapers from the main body to its distal end.
upright. FIGS. 8-10 provide other examples of the utensil 5. The utensil rest of claim 1, wherein the suction cup is
rest 10 secured to a pot lid surface and in use with a selection 40 removably attached to a suction cup base extending from the
of utensils including a spoon and spatula, each with their bottom surface of the main body.
leading distal ends retained by the retention tab 105 and their 6. The utensil rest of claim 1, wherein the main body
handles resting on the spout 102. Again, the combination of includes at least one visual indicator of measurement.
the retention tab 105 and the suction cup 108 provides a 7. The utensil rest of claim 1, wherein the main body is
counter-balancing action on the weight and torque of the 45 received over and around a jar to provide supplemental
utensil in order to securely retain the utensil. gripping power.
It is appreciated an understood that the utensil rest 10 may 8. A utensil rest, comprising:
comprise a variety of materials such as plastics, rubbers, and a main body having a bowl-like configuration and a
combinations thereof. In some embodiments, the utensil rest perimeter rim;
is sufficiently heat resistant to prevent breakdown, softening, 50 a handle rest extending outward and away from the main
or melting in temperature ranges common to cooking envi­ body at an upward angle relative a top plane of the main
ronments, including those extreme temperatures experi­ body;
enced by various cooking pots, pans, and other implements. a retention tab disposed on the perimeter rim of the main
The suction 108 may have enhanced heat resistant capabili­ body, the retention tab extending inward toward a
ties as it is the primary portion of the utensils rest 10 that 55 center of the main body and delimiting a gap between
comes in contact with hot surfaces. It is further noted that the the rim and the retention tab; and
utensil rest 10 comprises certain ornamental, non-functional a suction cup removably attached to a suction cup base
aspects including the overall shape, size, and look and feel. extending from a bottom surface of the main body.
Such ornamental features can be varied without affecting the 9. The utensil rest of claim 8, wherein the main body
functional features described herein. 60 comprises a bowl-like configuration.
The utensil rest 10 may be useful in other contexts and 10. The utensil rest of claim 8, wherein the gap receives
provide additional functionality. For example, as mentioned a distal end of utensil.
above, the utensil rest 10 can be attached to a plate or other 11. The utensil rest of claim 8, wherein the handle rest
element to provide a handle or grasping point for an object tapers from the main body to its distal end.
that otherwise lacks such a handle. The utensil rest 10 can 65 12. The utensil rest of claim 8, wherein the suction cup is
alsobeusedasajar opener, given that in some embodiments removably attached to a suction cup base extending from the
it comprises a resilient material such as rubber that can offer bottom surface of the main body.
Case 9:21-cv-82068-XXXX Document 1-1 Entered on FLSD Docket 11/12/2021 Page 13 of 13

US 10,561,279 B2
5 6
13. The utensil rest of claim 8, wherein the main body
includes at least one visual indicator of measurement.
14. The utensil rest of claim 8, wherein the main body is
received over and around a jar to provide supplemental
gripping power. 5
Case 9:21-cv-82068-XXXX Document 1-2 Entered on FLSD Docket 11/12/2021 Page 1 of 9

EXHIBIT B
Case 9:21-cv-82068-XXXX Document 1-2 Entered on FLSD Docket 11/12/2021 Page 2 of 9

US00D886547S

(i2) United States Design Patent ao) Patent no.: US D886,547 S

Monk (45) Date of Patent: ** Jun. 9, 2020

(54) UTENSIL REST D497,292 S * 10/2004 Snell ......... .. D7/637

D524,109 S * 7/2006 Haataja ..... .. D7/584
(71) Applicant: Kitchinventions, EEC, Jupiter, FL D532,657 S * 11/2006 Del Rosario .. D7/637
D637,047 S * 5/2011 Goodman .. .. D7/637
(US) D665,232 S * 8/2012 O’Connell . .. D7/637
D668,508 S * 10/2012 Zox ........... D7/552.1
(72) Inventor: Derek Monk, Jupiter, FL (US)
* cited by examiner
(73) Assignee: Kitchinventions, EEC, Jupiter, FL
(US) Primary Examiner — Janice Patyk
(74) Attorney, Agent, or Firm — Berger Singerman LLP;
(**) Term: 15 Years Geoffrey Lottenberg

(21) Appl. No.: 29/646,129

(57) CLAIM
(22) Filed: May 2, 2018 The ornamental design for a utensil rest, as shown and
(51) LOC (12) Cl.................... 07-07 described.
(52) U.S. Cl.
USPC .............................. D7/637 DESCRIPTION
(58) Field of Classification Search
USPC D7/637-641; 30/298.4; 211/60.1, 70.6, FIG. 1 is a perspective view of a utensil rest, showing my
211/70.7; 248/37.3, 37.6; D3/273, 274; new design;
D19/77, 81-86 FIG. 2 is a front elevation view of the utensil rest;
CPC A47B 88/20; A47F 7/00; A47G 21/00; FIG. 3 is a rear elevation view of the utensil rest;
A47G 21/14; B26B 3/00 FIG. 4 is a left side elevation view of the utensil rest;
See application file for complete search history. FIG. 5 is a right side elevation view of the utensil rest;
FIG. 6 is a top plan view of the utensil rest; and,
(56) References Cited FIG. 7 is a bottom plan view of the utensil rest.
U.S. PATENT DOCUMENTS The broken lines in the figures illustrate the portions of the
design that form no part of the claimed design.
D448,977 S * 10/2001 Bleimaier D7/505
D465,974 S * 11/2002 Dorion ... D7/637 1 Claim, 7 Drawing Sheets

">'■>

US

\
7, / 1i
7 \\ i
7 i
/ /
y/
/
\\ \ 7 /
W /.
\\
\\ /
\ //
W /.
/ \\ w X

cU / w x' / //.
/.
\\ //,
/
\ /
\ / ./
/
/
\
\
\
/ / \
/
Case 9:21-cv-82068-XXXX Document 1-2 Entered on FLSD Docket 11/12/2021 Page 3 of 9

U.S. Patent Jun. 9, 2020 Sheet 1 of 7 US D886,547 S

\
/'
Vt
N\ / ,\ \
/
\> / // v\\\
\ \ \
\ \ \
I
/ \\
I
I
I
i ^\\\''Z
\ \
i
i // \

i\
i
\i \
\ \
\
\
\
\
i
/ CD
-<s /
\\ LL
\\ / /
/ /
\\ \\ \ / /
/ ./
\ /
\ \\ j
t

/
/i

\ j

v'//
/ /
I /
I I V
I
!
I
i
Case 9:21-cv-82068-XXXX Document 1-2 Entered on FLSD Docket 11/12/2021 Page 4 of 9

U.S. Patent Jun. 9, 2020 Sheet 2 of 7 US D886,547 S

\\\5
\
\

/.
7. /
/
/
// \m \
\
\\
/ \
\
i i \
\\
\\ \\!
\
\
\\
\
\\ ! \
\ wV i
I
I
I
\ j/
\
\ /
\ I /
/ /
\
\ I j //
! j /
\ \ / / /
/
//
/
/
/ ; \
./ \\
X

r°so o
rl\ja Z
Case 9:21-cv-82068-XXXX Document 1-2 Entered on FLSD Docket 11/12/2021 Page 5 of 9

U.S. Patent Jun. 9, 2020 Sheet 3 of 7 US D886,547 S

/// v
7/ /,
7
7 mxXx
/// /I i x
7
ri
\ / //=
i/
\\V'^

1
\\ / /
\ /
\ \ / j/
\ \ /
\
\
! j i //
! /
\ \ i / /
!
i
!
/
/
/ ; \
./ \\
X

r°so o
rib. o
Case 9:21-cv-82068-XXXX Document 1-2 Entered on FLSD Docket 11/12/2021 Page 6 of 9

U.S. Patent Jun. 9, 2020 Sheet 4 of 7 US D886,547 S

i\\
A, \
\

:\\
N\ \
\ \\
\
\\ \
\\ \
X\ X X
X\ \ X
"-v
vox
\ X.

i
\ i
\

t r\
w

x'

x
/
X

X
X
Case 9:21-cv-82068-XXXX Document 1-2 Entered on FLSD Docket 11/12/2021 Page 7 of 9

U.S. Patent Jun. 9, 2020 Sheet 5 of 7 US D886,547 S

ffr X

x.

\\

/
/
/
Vx

to
-'"CZ
\ t r\
\ w
\
:a

X
/ a
X

XX
v -X
X
7
/ A
A
A

7
7 x
A
7 X
/ X
7
7
/
/
7
'//.
y/
'// /,
Case 9:21-cv-82068-XXXX Document 1-2 Entered on FLSD Docket 11/12/2021 Page 8 of 9

U.S. Patent Jun. 9, 2020 Sheet 6 of 7 US D886,547 S

///III I v
\
/ /'
/ /'
/ / i i
1 I \ \ \v\
\
7i i \ W \
7 / I; /I \\ VV \v
//
■' /
i I
I \ \\\
I I \\
ii a I
i \ \ V

'/
'll/ i I

/ h \ \ \
y7 'A\\
A
\
\
/// /■ \
X
7 /** ■"■s.

\\
<// // X \>
// \ \\

// /
\\ w w \ \\ \'

r// /
//
77 t
\\
\
w \\ \
v
/ \\ \\\\
/
/ /
I
\\
\ \ \\ V i l

\ I.
\
\\ w\ ! I
/
/
/
/
I
/I

AW \\\
\
\
\w
\
w \\ \
//
//
/.
z
/
/

\\ w
7-x\
\\\ x
VA
\

\
/// / X
///
/ /,/

\>-

XXX. x

FIG. 6
Case 9:21-cv-82068-XXXX Document 1-2 Entered on FLSD Docket 11/12/2021 Page 9 of 9

U.S. Patent Jun. 9, 2020 Sheet 7 of 7 US D886,547 S

I i \ \
\ \
/
/ \ \
/
/
/ / \
\\
/ /
/ / \ \
\ \
/ / \
/ / \
/ / \ N
/ / \ \
/ X.

X
\
\
/
\
"\ \
\
\
\
\
/ \ \
!/ \
\
\
\ \
// \ \ \
// / \ \\ \\
I
\ \ \
! i \ \
! \ \
j i
! i i
f
f
f l
? t
5 }
5 }

l
\\
\
\\
l
t
1
; 1 ! i
l
!
i
!
\ \ I i
l
\ \ /
\ \ /
\ /
\ \N
\ \ \\ //
\\ \ J j
\
\ X. 's /
/ /I
//
\
/
\ /
\ /
/
X

\\ ./
\ X

r* °7
r b. /
Case 9:21-cv-82068-XXXX Document 1-3 Entered on FLSD Docket 11/12/2021 Page 1 of 4

EXHIBIT C
 A
Case 9:21-cv-82068-XXXX Document 1-3 Entered on FLSD Docket 11/12/2021 Page 2 of 4

0
•ft.

Ikk;

*
Case 9:21-cv-82068-XXXX Document 1-3 Entered on FLSD Docket 11/12/2021 Page 3 of 4
ase 9:21-cv-82068-XXXX Document 1-3 Entered on FLSD Docket 11/12/2021 Page 4 o
Case 9:21-cv-82068-XXXX Document 1-4 Entered on FLSD Docket 11/12/2021 Page 1 of 4

EXHIBIT D
Case 9:21-cv-82068-XXXX Document 1-4 Entered on FLSD Docket 11/12/2021 Page 2 of 4
Case 9:21-cv-82068-XXXX Document 1-4 Entered on FLSD Docket 11/12/2021 Page 3 of 4
Case 9:21-cv-82068-XXXX Document 1-4 Entered on FLSD Docket 11/12/2021 Page 4 of 4
Case 9:21-cv-82068-XXXX Document 1-5 Entered on FLSD Docket 11/12/2021 Page 1 of 3

EXHIBIT E
Case 9:21-cv-82068-XXXX Document 1-5 Entered on FLSD Docket 11/12/2021 Page 2 of 3

Geoffrey Lottenberg
(954) 712-5158
[email protected]

September 14, 2021

VIA FEDEX

Walmart, Inc.
702 SW 8th St
Bentonville, AR 72712

Re: Infringement of U.S. Patent Nos. 10,561,279 and D886,547

Dear Sirs:

We are intellectual property litigation counsel to Kitchinventions, LLC

(“Kitchinventions”) a consumer products company specializing in kitchenware, located in Jupiter,
Florida. Kitchinventions is the owner of U.S. Patent Nos. 10,561,279 and D886,547 (collectively,
the “Patents”), copies of which are attached as Exhibit A. We are reaching out regarding your sale
of the Cuisinart Suction Spoon Rest (the “Cuisinart Product”).

U.S. Patent No. 10,561,279 (the “’279 Patent”) was issued on February 18, 2020 and claims
a utensil rest having a main body, a handle rest extending outward and away from the main body at
an upward angle, a retention tab disposed on the rim of the main body and extending inward toward
the center of the main body, and a suction cup attached to the bottom of the main body. U.S. Patent
No D886,547 (the “’547 Patent”) was issued on June 9, 2020 and claims the ornamental design of a
utensil rest as shown and described in the figures of the patent document.

The Patents cover Kitchinvention’s Spoon Buddy-branded utensil rest which is marketed and
sold through our client’s website (www.kitchinventions.com), Amazon, HSN, and Bed Bath &
Beyond, among other online and physical retail outlets. Attached as Exhibit B is a photograph of the
Spoon Buddy product. The product was pitched to Walmart in 2018 through Kitchinvention’s sales
representatives at RogCo, Inc. To date, Kitchinventions has sold approximately 40,000 units of the
patented product, which is manufactured exclusively in the United States.

We are aware that you are selling the Cuisinart Product at retail in your physical stores and
on your website. Attached as Exhibit C are photographs of the Cuisinart Product we recently
purchased from Walmart, along with a receipt and a side-by-side photograph of the Cuisinart Product
and Kitchinvention’s Spoon Buddy product. Attached as Exhibit D are screenshots of Walmart’s
ecommerce product page through which the Cuisinart Product can be purchased.

The Cuisinart Product is an identical copy of Kitchinvention’s Spoon Buddy and falls squarely
within the claims of the Patents, as explained in the claim charts attached as Exhibit E. To be sure,
the Cuisinart Product (1) literally infringes at least independent claim 1 of the ‘279 Patent and (2) is
substantially the same design as that claimed in the ‘547 Patent.

To remedy this issue, Kitchinventions requires that Walmart and all other persons and
entities under Walmart’s ownership, management, or control to immediately cease all sales activity
relating to the Cuisinart Product. Kitchinventions also requires an accounting of all sales of the
Cuisinart Product since February 18, 2020.
10850557-1
350 EAST LAS OLAS BOULEVARD | SUITE 1000 | FORT LAUDERDALE, FLORIDA 33301
t: (954) 525-9900 | f: (954) 523-2872 | WWW.BERGERSINGERMAN.COM
Case 9:21-cv-82068-XXXX Document 1-5 Entered on FLSD Docket 11/12/2021 Page 3 of 3

Page 2 of 2
September 14, 2021

Within ten (10) business days of your receipt of this letter, please provide the requested
accounting along with your unambiguous written assurances that you have ceased
commercialization of the Cuisinart Product. This letter shall in no way limit the rights and remedies
available to our client, which are hereby expressly reserved.

Sincerely,

BERGER SINGERMAN LLP

Geoffrey Lottenberg
GL/pb

10850557-1
Case 9:21-cv-82068-XXXX Document 1-6 Entered on FLSD Docket 11/12/2021 Page 1 of 2

EXHIBIT F
Case 9:21-cv-82068-XXXX Document 1-6 Entered on FLSD Docket 11/12/2021 Page 2 of 2

U.S. Patent No. 10,561,279

Claim Element Cuisinart Product

1. A utensil rest, comprising: a
main body having a perimeter rim; perimeter rim

main body

a handle rest extending outward

and away from the main body at an handle rest
upward angle relative a top plane of
the main body; top plane

a retention tab disposed on the

perimeter rim of the main body, the inward extending retention tab
retention tab extending inward
toward a center of the main body;

and a suction cup attached to a

bottom surface of the main body.

main body
Suction cup

bottom surface

10852233-1
Case 9:21-cv-82068-XXXX Document 1-7 Entered on FLSD Docket 11/12/2021 Page 1 of 4

EXHIBIT G
Case 9:21-cv-82068-XXXX Document 1-7 Entered on FLSD Docket 11/12/2021 Page 2 of 4

U.S. Patent No. D886,547

Claim Element Cuisinart Product

10852233-1
Case 9:21-cv-82068-XXXX Document 1-7 Entered on FLSD Docket 11/12/2021 Page 3 of 4

M i
mi,
X
/
{
'I
tk
I
;

r
: / h
;■

\
/ /

L
is \ ; >
. —
): 1 :(
\

FIG. 3 I
X

1
\ ■;
P A
A

)) ( \ f(

FIG. 4

; .■'

)) I ((
\ V.

FIG. 5

10852233-1
Case 9:21-cv-82068-XXXX Document 1-7 Entered on FLSD Docket 11/12/2021 Page 4 of 4

ll

■&>

i
i

7: V"
y

FIG. 6

\\
\

;
i

/
V-

FIG. 7

10852233-1
 Case 9:21-cv-82068-XXXX Document
JS 44 (Rev. 04/21) CIVIL1-8 Entered
COVER on FLSD Docket 11/12/2021 Page 1 of 2
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
KITCHINVENTIONS, LLC, a Florida Limited Liability
WALMART INC., a Florida Corporation
Company
(b) County of Residence of First Listed Plaintiff Palm Beach county County of Residence of First Listed Defendant Benton County
(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)

Geoffrey Lottenberg, Berger Singerman, LLP, 201 E Las

Olas Blvd., Suite 1500, Ft. Lauderdale, FL 33301
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 x 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/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability ✖ 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 271 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
November 12, 2021 /s/ Geoffrey Lottenberg
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 Case 9:21-cv-82068-XXXX Document 1-8 Entered on FLSD Docket 11/12/2021 Page 2 of 2
JS 44 Reverse (Rev. 04/21)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statute.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 9:21-cv-82068-XXXX Document 1-9 Entered on FLSD Docket 11/12/2021 Page 1 of 3
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

FOR THE
SOUTHERN DISTRICT OF FLORIDA

KITCHINVENTIONS, LLC, a Florida Limited

Liability Company,

Plaintiff,

v. Civil Action No.

WALMART INC., a Delaware Corporation,

Defendant.
___________________________________________/

SUMMONS IN A CIVIL ACTION

To: WALMART INC.

c/o CT Corporation System
Registered Agent
1200 South Pine Island Road
Plantation, FL 33324

If service cannot be made on the manager(s), because of the manager's failure to be available for service of
process as required by law, service may be made on (a) the president, vice-president or other head of the
corporation; (b) in the absence of any person described in paragraph (a), on the cashier, treasurer, secretary or
general manager; (c) in the absence of any person described in paragraphs (a) or (b), on any director; or (d) in
the absence of any person described in paragraphs (a), (b) or (c), on any officer or business agent residing in the
state.

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60
days if you are the United States or a United States agency, or an officer or employee of the United States
described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached
complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be
served on the plaintiff or plaintiff’s attorney, whose name and address are:

Geoffrey Lottenberg, Esq.

Berger Singerman LLP
201 East Las Olas Boulevard, Suite 1500
Fort Lauderdale, Florida 33301
 Case 9:21-cv-82068-XXXX Document 1-9 Entered on FLSD Docket 11/12/2021 Page 2 of 3
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

If you fail to respond, judgment by default will be entered against you for the relief demanded in the
complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date: ___________________ _________________________________________

Signature of Clerk or Deputy Clerk
 Case 9:21-cv-82068-XXXX Document 1-9 Entered on FLSD Docket 11/12/2021 Page 3 of 3
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 3)

Civil Action No. ____________________________

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed R. Civ. P. 4(l))

This subpoena for (name of individual and title, if any) ______________________________________

was received by me on (date) _________________________.
 I personally served the summons on the individual at (place)
_______________________________________________ on (date) ______________________; or
 I left the summons at the individual’s residence or usual place of abode with (name)
_____________________________________, a person of suitable age and discretion who resides
there, on (date) ______________________, and mailed a copy to the individual’ss last known
address; or
 I served the summons on (name of individual) ______________________________, who is
designated by law to accept service of process on behalf of (name of organization)
_______________________________________________ on (date) ______________________; or
 I returned the summons unexecuted because _____________________________________; or
 Other (specify):

My fees are $______________ for travel and $______________ for services, for a total of $______________.

I declare under penalty of perjury that this information is true.

Date: _______________________ _______________________________________________

Server’s signature

_______________________________________________
Printed name and title

_______________________________________________
Server’s address

Additional information regarding attempted service, etc.: