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Acorn West v. Berkley Int'l (NC) - Complaint
Acorn West v. Berkley Int'l (NC) - Complaint
1 VENABLE LLP
Sarah S. Brooks (SBN 266292)
2 ssbrooks@venable.com
2049 Century Park East, Suite 2300
3 Los Angeles, CA 90067
Telephone: (310) 229-9900
4 Facsimile: (310) 229-9901
5 VENABLE LLP
Frank M. Gasparo (Pro Hac Vice forthcoming)
6 fmgasparo@venable.com
1270 Avenue of the Americas, 24th Floor
7 New York, New York 10020
Telephone: (212) 307-5500
8 Facsimile: (212) 307-5598
9 Attorneys for Plaintiff
ACORN WEST LLC
10
11 UNITED STATES DISTRICT COURT
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COMPLAINT
Case 2:18-cv-10568 Document 1 Filed 12/20/18 Page 2 of 14 Page ID #:2
1 for sale and sell their products in the United States, the State of California, and the
2 Central District of California. On information and belief, Defendants, directly and
3 through subsidiaries or intermediaries, including distributors, retailers and others,
4 have purposefully and voluntarily placed the Accused Product (as described
5 below) into the stream of commerce in the Central District of California.
6 Defendants have committed acts of patent infringement within the State of
7 California and, more particularly, within the Central District of California. In a
8 separate case, an attorney for the Defendants stipulated to a dismissal in the
9 Central District of California. See Timely Inventions, LLC v. Berkley International
10 NC, LLC, 2:17-cv-08173-AB-RAO (Dkt. No. 25).
11 7. Venue in this Judicial District is proper under 28 U.S.C. § 1391, given
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12 that a significant portion of the acts and transactions complained of herein were
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13 conceived, carried out, made effective, and had effect within the State of California
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COMPLAINT
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11 On information and belief, the Accused Product is sold by Defendants as shown
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COMPLAINT
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13 comprising:” The Accused Product has this claim element as shown below.
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A beverage container packaging
25 assembly comprising:
26 18. Claim 1 further recites: “a bottom tray of molded paper pulp including
27 a plurality of cup-shaped elements, the cup-shaped elements configured to
28 accommodate a bottom portion of a beverage container, each cup-shaped element
-5-
COMPLAINT
Case 2:18-cv-10568 Document 1 Filed 12/20/18 Page 7 of 14 Page ID #:7
1 including one or more deformable elements forming a cross shape.” The Accused
2 Product has this claim element as shown below.
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a center support of molded disposed between and in contact
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a plurality of bounded by the the support cavities
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14 beverage container
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22. Claim 1 further recites: “the top tray of molded paper pulp including:”
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The Accused Product has this claim element as shown below.
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the top tray of molded
28 paper pulp including:
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COMPLAINT
Case 2:18-cv-10568 Document 1 Filed 12/20/18 Page 11 of 14 Page ID #:11
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15 a plurality of vertical at least one deformable
16 members comprising element
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24. Claim 1 further recites: “a plurality of bottle neck accommodating
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spaces each bounded by the at least one deformable element, the bottle neck
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accommodating spaces each configured to accommodate a neck portion of the
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beverage container.” The Accused Product has this claim element as shown
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below.
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COMPLAINT
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19 a plurality of bottle the bottle neck each configured to
neck accommodating accommodating accommodate a neck
20 spaces each bounded spaces portion of the
by the at least one beverage container
21 deformable element
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25. Defendants obtained knowledge of the ’924 Patent at least as early as
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the receipt of the cease and desist letter (and detailed allegations therein).
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26. Notwithstanding this knowledge, Defendants have knowingly or with
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reckless disregard willfully infringed the ’924 Patent. Defendants have thus had
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actual notice of infringement of the ’924 Patent and acted despite an objectively
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COMPLAINT
Case 2:18-cv-10568 Document 1 Filed 12/20/18 Page 13 of 14 Page ID #:13
1 high likelihood that its actions constituted infringement of Acorn’s valid patent
2 rights.
3 27. This objective risk was either known or so obvious that it should have
4 been known to Defendants. Accordingly, Acorn seeks enhanced damages pursuant
5 to 35 U.S.C. § 284.
6 PRAYER FOR RELIEF
7 28. WHEREFORE, Plaintiff demands judgment against Defendants as
8 follows:
9 a. That it has jurisdiction of the parties and of the subject matter of this
10 action;
11 b. That the ’924 Patent is valid and owned by Plaintiff;
2049 CENTURY PARK EAST, SUITE 2 300
14 Accused Product;
15 d. That Defendants’ infringement is willful;
16 e. That Defendants and all affiliates, subsidiaries, officers, employees,
17 agents, representatives, licensees, successors, assigns, and all those
18 acting in concert with, or for or on behalf of Defendants, be enjoined
19 from further infringing the ’924 Patent.
20 f. That Defendants be required by mandatory injunction to deliver up to
21 Plaintiff for destruction any and all of the Accused Product in
22 Defendants’ possession, custody or control, as well as any
23 promotional literature and packaging which display the Accused
24 Product;
25 g. That Plaintiff be awarded damages covered by the acts of patent
26 infringement of Defendants in an amount not less than a reasonable
27 royalty pursuant to 25 U.S.C. § 284 or in an amount equal to
28 Defendants’ profits pursuant to 35 U.S.C. § 289, whichever is greater
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COMPLAINT
Case 2:18-cv-10568 Document 1 Filed 12/20/18 Page 14 of 14 Page ID #:14
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EXHIBIT A
Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 2 of 39 Page ID #:16
US010124924B2
( 12 ) Gilligan
Unitedet alStates
.
Patent (10) Patent No.: US 10 ,124,924 B2
(45) Date of Patent: Nov . 13, 2018
(54 ) BEVERAGE CONTAINER PACKAGING 21/04 (2013.01); B65D 81/ 133 ( 2013.01);
D21J 3 / 10 (2013 .01); D21J 7700 (2013 .01 )
(71 ) Applicant: Acorn West LLC , Los Angeles, CA (58 ) Field of Classification Search
(US ) CPC .......... B65D 1 / 34 ; B65D 1 / 30 ; B65D 5 / 5028 ;
B65D 81 / 3813 ; B65D 23/ 0885 ; B65D
(72 ) Inventors: John Gilligan , Santa Barbara , CA (US ); 81/ 133 ; B65D 81 /02 ; B65D 5 /50 ; B65D
Rick Gant, Napa , CA (US ); David 25 / 10
Weissberg, Century City , CA (US ); USPC ... 206 /433 , 427 , 436 , 139 – 203 , 561, 521 .3 ,
Ron Valtierra , Vacaville , CA (US); 206 /429 ; 220 /510 , 512 =516 , 529, 528,
Gord Heyting, Toronto (CA ); Chris 220 /556 , 628 , 630 , 632 ; 217 / 19
Russell , North Lincolnshire GB
( ) See application file for complete search history.
(73 ) Assignee: Acorn West LLC , Los Angeles , CA (56 ) References Cited
(US ) U .S. PATENT DOCUMENTS
( * ) Notice: Subject to any disclaimer, the term of this 2 ,003,134 A * 5/1935 Bowman ............. B65D 85211/ 305
patent is extended or adjusted under 35 / 74
U . S .C . 154 (b ) by 0 days . 2 ,050,143 A 8 /1936 White
(Continued )
(21) Appl. No.: 15 /671, 348
FOREIGN PATENT DOCUMENTS
(22) Filed : Aug. 8, 2017 GB 2328934 A 3 / 1999
(65 ) Prior Publication Data WO 2008058346 AL 5 /2008
WO 2011073406 A1 6 /2011
US 2018/0037359 A1 Feb . 8, 2018 Primary Examiner - Rafael Ortiz
(74 ) Attorney, Agent, or Firm — Venable LLP; Michele
Related U .S . Application Data V . Frank
(60 ) Provisional application No. 62 /372, 129, filed on Aug . (57 ) ABSTRACT
8 , 2016 .
A beverage container packaging assembly is disclosed . The
(51 ) Int. Cl. beverage container packaging assembly includes a bottom
B65D 65 / 00 ( 2006 .01 ) tray, center support, and a top tray . The bottom tray includes
B65D 75 / 00 ( 2006 .01) a plurality of cup -shaped elements each configured to
B65D 1 /34 ( 2006 .01) accommodate a bottom portion of a beverage container.
D21J 3 / 10 ( 2006 .01 ) Each cup - shaped element includes at least a first deformable
B65D 21/04 ( 2006 .01) element comprising one or more wide portions and one or
B650 130 (2006 . 01) more thin portions. The center support is disposed between
the bottom tray and the top tray . The top tray includes bottle
(Continued ) neck accommodating spaces each bounded by a set of
(52) U .S . CI. vertical posts.
CPC . .... .. ... ... .. B65D 1/ 34 ( 2013 .01) ; B650 1/30
(2013.01); B65D 5 /5028 (2013.01); B65D 20 Claims, 28 Drawing Sheets
- 100
110
- -- 130 - -- 740
EXHIBIT A, Page 14
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US 10 ,Page
124 ,2924 B2
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Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 10 of 39 Page ID #:24
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Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 11 of 39 Page ID #:25
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Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 16 of 39 Page ID #:30
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Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 21 of 39 Page ID #:35
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Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 23 of 39 Page ID #:37
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Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 24 of 39 Page ID #:38
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Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 29 of 39 Page ID #:43
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Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 30 of 39 Page ID #:44
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Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 31 of 39 Page ID #:45
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EXHIBIT A, Page 43
Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 32 of 39 Page ID #:46
US 10 ,124 ,924 B2
BEVERAGE CONTAINER PACKAGING FIG . 10 depicts a second view of a top tray according to
various embodiments .
CROSS REFERENCE TO RELATED FIG . 11 depicts a bottom tray and center support of a
APPLICATION beverage container packaging assembly according to vari
5 ous embodiments .
This application claimspriority to U .S . Provisional Appli- FIG . 12 depicts a bottom tray according to various
cation No . 62/ 372, 129, entitled “ BEVERAGE CON - embodiments .
TAINER PACKAGING ,” filed on Aug. 8 , 2016 , the disclo - FIG . 13 depicts a center support according to various
embodiments .
sure of which is incorporated by reference herein in its 10 FIG . 14 depicts
entirety. a top tray according to various embodi
ments .
TECHNICAL FIELD FIG . 15 depicts a bottom tray and center support of a
beverage container packaging assembly according to vari
The present invention relates to packaging materials , and ,15 ousFIGembodiments
. 16
.
depicts a center support according to various
particularly to packaging for beverage containers, such as embodiments.
wine bottles , beer bottles , spirits bottles, and the like. FIG . 17 depicts a bottom view of a center support
BACKGROUND according to various embodiments .
FIG . 18 depicts a beverage container packaging assembly
Historically, packaging materials for shipment of bever 20 according to various embodiments .
FIG . 19 depicts a bottom tray and center support of a
age containers (e.g ., wine bottles, beer bottles , spirits bottles, beverage container packaging assembly according to vari
etc .) have included bubble wrap, Styrofoam , popcorn , and ous embodiments .
other traditional packaging materials . For example , multiple FIG . 20 depicts a bottom tray of a beverage container
bottles could be wrapped in bubble wrap, positioned in 25 packaging assembly according to some embodiments .
Styrofoam , and / or otherwise secured and placed into a box FIG . 21 depicts cup -shaped elements of a bottom tray
for transit .More recently, molded paper pulp trays have been according to various embodiments.
used to secure multiple bottles during transit . Typically, a FIG . 22 depicts a bottom tray of a beverage container
bottom tray accommodates the bottom of a bottle , a top tray packaging assembly according to various embodiments .
accommodates the top of the bottle, and cardboard may be 30 FIG . 23 depicts a first cross -section view of a cup -shaped
installed between the bottles. Many existing bottom tray element of a bottom tray according to various embodiments .
designs include ring - shaped crushable elements to absorb FIG . 24 depicts a second cross -section view of a cup
impact during shipping . The ring - shaped crushable elements shaped element of a bottom tray according to various
may be ineffective in reducing and /or preventing damage to embodiments .
the bottle when the package is subjected to a large impact 35 FIG . 25 depicts a top tray of a beverage container pack
and/ or multiple large impacts. An improved beverage con - aging assembly according to some embodiments .
tainer packaging would be useful. FIG . 26 depicts a top tray of a beverage container pack
aging assembly according to some embodiments .
BRIEF DESCRIPTION OF DRAWINGS FIG . 27 depicts a bottom tray and center support of a
40 beverage container packaging assembly according to some
The foregoing and other features and advantages of the embodiments.
invention will be apparent from the following, more par- FIG . 28 depicts a beverage container packaging assembly
ticular description of various exemplary embodiments , as including a lower tray and center support according to some
illustrated in the accompanying drawings wherein like ref- embodiments .
erence numbers generally indicate identical, functionally 45
similar, and/ or structurally similar elements . The first digits DETAILED DESCRIPTION
in the reference number indicate the drawing in which an
element first appears . Exemplary embodiments are discussed in detail below .
FIG . 1 depicts a beverage container packaging assembly While specific exemplary embodiments are discussed , it
according to various embodiments . 50 should be understood that this is done for illustration pur
FIG . 2 depicts a bottom tray and center support of a poses only . In describing and illustrating the exemplary
beverage container packaging assembly according to vari embodiments, specific terminology is employed for the sake
ous embodiments. of clarity . However, the embodiments are not intended to be
FIG . 3 depicts a bottom tray of a beverage container limited to the specific terminology so selected . A person
packaging assembly according to some embodiments. 55 skilled in the relevant art will recognize that other compo
FIG . 4 depicts a first view of a bottom tray according to nents and configurations may be used without parting from
various embodiments . the spirit and scope of the embodiments . It is to be under
FIG . 5 depicts a second view of a bottom tray according stood that each specific element includes all technical
to various embodiments . equivalents that operate in a similar manner to accomplish a
FIG . 6 depicts a center support of a beverage container 60 similar purpose . The examples and embodiments described
packaging assembly according to various embodiments . herein are non -limiting examples.
FIG . 7 depicts a bottom side of a center support according All publications and references cited herein are hereby
to various embodiments. incom
incorporated by reference in their entirety .
FIG . 8 depicts a top tray of a beverage container pack - As used herein , the term “ a ” refers to one or more . The
aging assembly according to some embodiments. 65 terms “ including ,” “ for example ,” “ such as," “ e. g.," “ may
FIG . 9 depicts a first view of a top tray according to some be" and the like, are meant to include, but are not be limited
embodiments. to , the listed examples .
EXHIBIT A, Page 44
Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 33 of 39 Page ID #:47
US 10 , 124 , 924 B2
Beverage container packaging is disclosed . The beverage package a plurality of beverage containers 140 for transit. In
container packaging disclosed herein in various embodi the example shown , the beverage container packaging
ments may include a bottom element (bottom tray, bottom assembly 100 is configured to package 12 bottles. The base
insert ), a top element (top tray, top insert), and /or a center of the beverage container 140 sits in a cylindrical cup
support ( e . g ., center support element) . These elements may 5 shaped elements of the bottom tray 110 . The center support
retain multiple beverage containers , such as wine bottles , 130 separates the bottom tray 110 and top tray 120 . The top
beer bottles , spirits bottles , and the like, for shipment in a tray 120 rests on the center support 130 . The top of the
container, such as a cardboard box , crate , or other container. beverage container 140 is encapsulated in a bottle accom
The beverage containers may vary in size including, for m odating space of the top tray 120 . The center support 130
example , 375 ml, 500 ml, 750 ml, or any other size . The term 10 prevents the sides of the beverage containers 140 from
beverage container as used herein may also refer to any contacting during shipping and provides spacing between
container that encloses a fluid , whether or not the fluid is a the bottom tray 110 and top tray 120. In certain cases, the
beverage . Beverage containers may be placed bottom down center support 130 may not be included in the beverage
in the bottom tray . The center support rests on top of the container packaging assembly 100 .
bottom tray and separates the multiple bottles. The center 15 FIG . 2 depicts a bottom tray and center support of a
support separates the bottom tray and top tray, thereby beverage container packaging assembly according to vari
providing stacking support. The top tray rests on the center ous embodiments . In the example shown , a beverage con
support. And the top element accommodates the top (neck ) tainer 140 ( e . g ., wine bottle ) is seated in a cup - shaped
of the beverage containers. The bottom tray , center support, element 112 of a bottom tray 110 . The cup -shaped element
top tray, and beverage containers are placed in a container, 20 112 is shaped to retain the beverage container 140 in a
such as a cardboard box , crate, etc ., for transit . vertical configuration during transit . In the example shown ,
In various embodiments, the bottom tray comprises a center support 130 is fabricated from molded paper pulp
molded paper pulp fabricated from , for example , recycled and /or similar materials. The center support 130 includes
paper products . The bottom tray may include multiple exterior support cavities 132 , interior support cavities 134 ,
cup - shaped elements ( e . g ., cup - shaped cavities ) each con - 25 and /or other elements .
toured to encapsulate the bottom of a beverage container, In some embodiments, the center support 130 does not
such as a wine bottle , beer bottle , spirits bottles, or the like . extend to an outer edge 150 of the bottom tray 110 and /or an
In certain cases, the cylindrical cup -shaped element includes outer edge of the bottle container packaging assembly ( e. g.,
an hourglass - shaped deformable element and / or a cross bottle container packaging assembly 100 of FIG . 1 ) . In this
shaped deformable element protruding from the bottom 30 case , the center support 130 is located on an interior portion
surface of the cup , deformable protrusions on the walls of of the beverage container packaging assembly and does not
the cup , and /or other features . These features retain the base contact the box. A center support 130 that does not next
of the beverage container in a stationary position during extend to an outer edge 150 of the bottom tray 110 may
shipment by contacting the base of the container in multiple require less material than other large center support designs .
locations. These features of the cup - shaped element, par - 35 As discussed below , other types of center supports , such
ticularly the hourglass shaped and/or cross - shaped deform - as corrugated cardboard center supports, may be used . In
able element absorb energy when the container is subjected certain cases, a type of center support may be selected based
to impact forces (e . g ., when dropped , roughly handled , etc .) . on shipping requirements , load absorption parameters, cus
In some embodiments , the top tray comprises molded tomer preferences , and/or any other parameters.
paper pulp . In certain cases, the top tray may include 40 FIG . 3 depicts a bottom tray of a beverage container
multiple rectangular cup - shaped elements each contoured to packaging assembly according to some embodiments . As
encapsulate the top of a beverage container , such as the neck shown , a bottom tray 110 includes a plurality of cup - shaped
of a wine bottle , beer bottle, spirits bottle, or other container. elements 112 . The number of cup -shaped elements 112
The rectangular cup - shaped element may include a cylin corresponds to a number of beverage containers the bottom
drical depression , vertical protrusions on the walls of the 45 tray 110 is configured to accommodate . In the example
cup , and / or other features . These features retain the neck shown , the bottom tray 110 includes twelve cup - shaped
and/ or upper portion of the beverage container in a station elements 112 — three (3 ) rows of four (4 ) cup -shaped ele
ary position during shipment by contacting the neck of the ments 112 . The bottom tray 110 is thus configured to
container in multiple locations . accommodate 12 beverage containers. FIG . 3 depicts one
In various embodiments , the center supportmay comprise 50 example configuration of cup - shaped elements . The present
one or more sheets of cardboard , such as corrugated card disclosure , however, is in no way limited to the depicted
board . In some cases, the center support may comprise configuration or number of cup - shaped elements 112 .
molded paper pulp that is molded to encapsulate beverage In certain cases , the bottom tray 110 includes posts 114
containers . configured to support the center support (not shown ). Each
The beverage container packaging assembly disclosed 55 of the posts 114 (six in the example shown ) may include a
herein in various embodiments provides improved impact plurality of platforms 116 ( e . g ., deformable post elements ,
energy absorption characteristics in relation to existing protrusions, etc.) that form flat surfaces to contact the center
packaging solutions. The beverage container packaging dis - support. The platforms 116 may be arranged in sets to
closed herein may also be cheaper to produce than existing resemble a cross shape . The platforms 116 may also be
packaging solutions. 60 deformable and / or flexible to absorb load applied to the
FIG . 1 depicts a beverage container packaging assembly bottom tray 110 , thereby reducing any load applied to the
according to various embodiments . In the example shown , a beverage containers 140 .
beverage container packaging assembly 100 may include a FIG . 4 depicts a first view of a bottom tray according to
bottom tray 110 (e .g., bottom element), a top tray 120 (e. g., various embodiments. In the example shown, a bottom tray
a top element), a center support 130 ( e . g ., center support 65 400 includes a plurality of cup - shaped elements 410 ( e . g .,
element , partition element), and /or other components . The cup shaped element 112 of FIGS. 1 - 3 ). In certain cases , each
beverage container packaging assembly 100 is configured to of the cup - shaped elements 410 is cylindrical and /or sub
EXHIBIT A, Page 45
Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 34 of 39 Page ID #:48
US 10 , 124 , 924 B2
star- shaped cavities 630 can extend out away from the center trapezoidal elements 914 may contact portions of the center
far enough to encapsulate at least half of the circumference support structure , such as corners 632 of the star -shaped
of a bottle . cavities 630 of FIG . 6 .
FIG . 7 depicts a bottom side of a center support according In certain cases, a top end of the bottle neck accommo
to various embodiments . In the example shown, a bottom 5 dating spaces 920 includes a circular depression 930 (e.g.,
side of center support 700 ( e.g ., center support 600 of FIG . circular depressed region ). The circular depression 930 may
6 , center support 130 of FIGS. 1 -2 ) includes a plurality of accommodate the size of wine cork such that the wine bottle
exterior support cavities 710 , interior support cavities 720 , rim contacts the top tray but not the cork , for example , when
and / or other elements. The exterior support cavities 710 and a load is applied down on the top tray 900 . The circular
interior support cavities 720 may be bounded by star -shaped depression 930 may include a thin deformable element
posts 730 (e . g ., star -shaped elements, cross - shaped con - bisecting the circular depression 930 .
toured posts ). The star -shaped posts 730 may include a In some embodiments, the top tray 900 includes one or
diamond -shaped inner portion 740 (e.g., square and /or rect- more holes 940 . Similar to the holes discussed with respect
angular shaped inner portion ) and star point elements 760, 15 to other components ofbottle packaging assembly, the holes
770 (e .g ., star point elements ) that extend away from the 940 reduce vacuum generated when the top tray is placed
center of the post 730 at , for example , ninety degree angles into a box .
(e .g., orthogonal to one another ) to form the rough shape of FIG . 10 depicts a second view of a top tray according to
a star and/or cross . In certain cases, star point elements 760 various embodiments. In the example shown , a top tray 1000
extending toward another post may be smaller in size that 20 includes the structure underlying the bottle neck accommo
star point elements 770 extending towards an edge of the dating spaces (e.g., bottle neck accommodating spaces 920
bottle packaging assembly . The larger star point elements of FIG . 9 ). The top side (on assembly ) of the top tray 1000
770 may extend further to encapsulate a portion of the outer includes non -contoured pulp paper. The top side of the bottle
surface of a bottle , thereby separating adjacent bottles and neck accommodating spaces may include cross- shaped pro
preventing adjacent bottles from contacting one another. In 25 trusions 1010 ( e . g ., four protrusions meeting at a point in the
certain cases, a center support 700 includes recessed ele - example shown ). The cross - shaped protrusions 1010 may
ments 780 elements between the posts 730 . The recessed absorb impact and reduce loads applied to the beverage
elements 780 between posts 730 allow the posts 730 to tilt containers during , for example , an impact event.
relative to one another and the center support 700 to flex FIG . 11 depicts a bottom tray and center support of a
during use . In certain cases, one or more posts 730 include 30 beverage container packaging assembly according to vari
a hole 750 to reduce a vacuum when multiple center ous embodiments . In the example shown , a beverage con
supports are stacked ( e . g ., during manufacture ). tainer 1140 is seated in a cup - shaped element of a bottom
In some embodiments , a center support 700 is placed on tray 1110 . A center support 1130 is seated upon the lower
a bottom tray (e .g ., bottom tray 110 of FIGS. 1- 3) when , for tray 1110 . The lower tray 1110 is similar to bottom tray 110
example , beverage containers are prepared for shipping. In 35 of FIGS. 1 -3 , bottom tray 400 of FIG . 4 , and bottom tray 500
some cases , the star -shape elements 730 are placed on posts of FIG . 5 . One difference being the bottom tray 1010 is
included in a bottom tray ( e. g ., posts 114 of bottom tray 110 configured to accommodate fifteen beverage containers
of FIG . 3 ). During assembly a flat surface of each post 730 three rows of five containers — as opposed to twelve in the
contacts a flat surface of a post on the bottom tray ( e .g ., posts bottom trays 110 , 400 , 500 of FIGS. 1 -5 . The center support
114 or deformable post elements 116 of bottom tray 110 of 40 1030 is similar to the center supports 130 , 600, 700 of FIGS.
FIG . 3 ). The bottom tray 110 may include six posts to 2 , 6 , and 7 , respectively, with the exception that center
accommodate the six posts 730 of the center support 700 . support 1030 is configured to accommodate fifteen beverage
FIG . 8 depicts a top tray of a beverage container pack - containers — three rows of five containers — as opposed to
aging assembly according to some embodiments. In the twelve .
example shown, a top tray 800 (e . g ., top tray 120 of FIG . 1 ) 45 FIG . 12 depicts a bottom tray according to various
includes multiple vertical posts 810 . In certain cases, the embodiments . The bottom tray 1200 depicted is similar to
vertical posts 810 form the sides (bounds ) of bottle neck bottom trays to bottom tray 110 of FIGS . 1 - 3 , bottom tray
accommodating spaces 820 in the top tray 800 . The bottle 400 of FIG . 4 , and bottom tray 500 of FIG . 5 . For the sake
neck accommodating spaces are configured to accommodate of brevity and clarity , the following description will focus
a neck of a beverage container, such as a wine bottle . The 50 primarily on the differences relative to the aforementioned
number of bottle neck accommodating spaces 820 corre - bottom trays 110 , 400 , and 500 . In the example shown , a
sponds to a number of beverage containers the top tray 800 bottom tray 1200 includes a plurality of cup - shaped ele
is configured to accommodate . In the example shown, the ments 1210 , posts 1230 ( e . g ., eight posts ). The cup shaped
top tray 800 includes twelve bottle neck accommodating element 1210 includes multiple thin deformable elements
spaces 820 — three (3 ) rows of four (4 ) bottle neck accom - 55 1212 . In certain cases , the thin deformable elements 1212
modating spaces — and the top tray 800 is configured to extend from a center of the cup -shaped element up a side of
accommodate twelve beverage containers . the cup -shaped element 1210 . The thin deformable elements
FIG . 9 depicts a first view of a top tray according to some terminate at the bottom of the cup -shaped element 1210 in
embodiments . In the example shown , a top tray 900 includes a cross shape end 214 (e . g ., cross shape element ). The
multiple vertical posts 910 that form bottle neck accommo- 60 cross -shaped ends 1214 may assist in absorbing impact from
dating spaces 920 . For example, the vertical posts 910 may a bottom of bottle when , for example , an assembly is
include deformable elements 912 that contact the neck of a dropped . The cross -shaped ends 1214 may reduce damage to
bottle and hold it in place during shipping . The deformable the end of thin deformable element 1212 when , for example ,
elements 912 may also deform to absorb lateral loads the bottom tray 1200 is bent. The cross- shaped ends 1214
applied to a bottle during transit. In some cases , the vertical 65 eliminate a stress concentration point and allow load to be
posts 910 may include trapezoidal deformable elements 914 distributed to other elements when the bottom tray 1200 is
(e .g., protrusions ) on a top of the vertical post 910 . The bent or otherwise loaded .
EXHIBIT A, Page 47
Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 36 of 39 Page ID #:50
US 10 , 124 ,924 B2
10
In various embodiments , the cup -shaped elements 1210 bottom side ofcenter support 1700 ( e . g ., center support 1600
elements include rounded corners 1220 at a base of the of FIG . 16 , center support 1530 of FIG . 15 ) includes a
cup -shaped elements 1210 . The rounded corners 1220 may plurality of beverage container enclosures 1710 ( e.g ., enclo
allow the bottom tray 1200 to endure more repeated loading. sure cavities ). The beverage container enclosure cavities
The rounded corners 1220 also accommodate the shape of 5 1710 may be bounded by star - shaped posts 1720 ( e . g .,
the bottom of a bottle . star-shaped elements ) and /or partial star-shaped posts 1730
FIG . 13 depicts a center support according to various ( e . g ., partial star - shaped elements ) . The star - shaped posts
embodiments . The center support 1300 shown is similar to 1720 may include a diamond - shaped inner portion 1740
the center supports 130 , 600 , 700 of FIGS. 2 , 6 , and 7 , (e .g ., square and /or rectangular shaped inner portion ) and
respectively, with the a difference being the center support 10 four outer portions 1750 (e . g ., star point elements, cross arm
1300 is configured to accommodate fifteen beverage con - elements ) extend away from the center of the post 1720 at
tainers three rows of five containers as opposed to rough ninety degree angles ( e.g ., orthogonal to one another)
twelve . to form the rough shape of a cross . In certain star point
FIG . 14 depicts a top tray according to various embodi- elements 1750 may include different sizes .
ments. The top tray 1400 shown is similar to top trays 120 , 15 In certain cases , a center support 1700 includes recessed
800, 900 , and 1000 of FIGS . 1, 8, 9 , and 10 . One difference elements 1760 elements between posts 1720 . The recessed
between the top tray 1400 depicted is configured to accom elements 1760 between posts 1720 allow the posts 1720 to
modate fifteen beverage containers — three rows of five tilt relative to one another and the center support 700 to flex
containers — as opposed to twelve as in top trays 120 , 800 , during use . In certain cases, one ormore posts 1720 include
900, 1000 . In certain cases , top tray 1400 includes a plurality 20 a hole 1770 to reduce a vacuum when multiple center
of posts 1410 each including holes 1420 in a top flat surface supports are stacked ( e .g ., during manufacture ).
of the posts 1410 . The holes 1420 reduce any vacuum effect In some embodiments, a center support 1700 is placed on
as the top tray is loaded into a box . a bottom tray element ( e . g ., bottom tray element 1110 , 1200,
FIG . 15 depicts a bottom tray and center support of a 1510 of FIGS. 11 , 12 , and 15 ) when a beverage container
beverage container packaging assembly according to vari- 25 packaging assembly is prepared for shipping . In some cases,
ous embodiments . In the example shown , a beverage con - the posts 1720 are placed on posts included in a bottom tray
tainer 1540 is seated in a cup - shaped element of a lower tray (e . g ., posts 114 and/ or platforms 116 of bottom tray 110 of
1510 . A center support 1530 is seated upon the bottom tray FIG . 3). During assembly a flat surface of each post 1720
1510. The bottom tray 1510 is similar to bottom tray 1110 , contacts a flat surface of a post on the bottom tray ( e . g ., posts
1200 of FIGS. 11 and 12 . Center support 1530 is similar to 30 1230 of bottom tray 1200 of FIG . 12 ). The bottom tray 1200
center support 1300 of FIG . 13 , with the exception that the may include eight posts 1230 to accommodate the eight
center support 1530 includes bottle enclosure cavities 1532 internal posts 1720 of the center support 1700 .
that fully encapsulate each beverage container 1540 . FIG . 18 depicts a beverage container packaging assembly
In various embodiments, thebeverage container enclosure according to various embodiments . In the example shown , a
cavities 1532 protect the beverage container 1540 from side 35 beverage container packaging assembly 1800 may include a
impacts , maintain the beverage container 1540 upright dur- bottom tray 1810 (e .g., bottom element), a top tray 1820
ing transit, and/or provide other benefits . In certain cases , a ( e . g ., a top element), a center support 1830 ( e . g ., partition
bottle packaging assembly ( e . g ., bottom tray 1510 , center element, center support element), and/ or other components .
support 1530 , and top tray 1400 of FIG . 14 ) may be able The beverage container packaging assembly 1800 is con
withstand 15 drops from at least 18 inches, two drops from 40 figured to package a plurality of beverage containers 1840
36 inches , and/ or 10 drops from 30 inches, as required by for transit. The base of the beverage container 1840 sits in
various shipping companies ( e.g., United Parcel Service one of the cylindrical cup-shaped elements of the bottom
(UPS ), FedEx, and the like ). tray 1810 . The center support 1830 separates the bottom tray
FIG . 16 depicts a center support according to various 1810 and top tray 1820 . The top tray 1820 rests on the center
embodiments . In the example shown, a center support 1600 45 support 1830 . The top of the beverage container 1840 is
includes a plurality ofbeverage container enclosure cavities encapsulated in a rectangular cup - shaped element of the top
1610 ( e . g ., interior support cavities ). The enclosure cavities tray 1820 . The center support 1830 prevents the sides of the
1610 function to maintain the bottle upright and to separate beverage containers 1840 from contacting during shipping
each bottle from adjacent bottles. The enclosure cavities and provides spacing between the bottom tray 1810 and top
1610 may include a circular ( cylindrical) enclosure . The 50 tray 1820 . In certain cases, the center support 1830 may not
enclosure cavities 1610 may fully encapsulate (surround ) a be included in the beverage container packaging assembly
neck , shoulder, body and/ or other component of a beverage 1800 .
container. Walls 1620 of the enclosure cavities 1610 may FIG . 19 depicts a bottom tray and center support of a
include a draft angle , such as seven degrees and /or another beverage container packaging assembly according to vari
draft angle. 55 ous embodiments . In the example shown , a beverage con
In some embodiments , the walls 1620 of the enclosure tainer 1940 (e.g., wine bottle) is seated in a cup -shaped
cavities 1610 include deformable elements 1622 . The element 1912 of a lower tray 1910 . The cup -shaped element
deformable elements 1622 are configured to absorb load 1912 is shaped to retain the beverage container 1940 in a
applied to the side of a beverage container, thereby protect- vertical configuration during transit. In the example shown ,
ing beverage container from damage during transit. Because 60 a center support 1930 includes multiple cardboard ele
the beverage containers are each fully encapsulated by ments — two laterally arranged cardboard elements 1932 ,
enclosure cavities 1610 , the center support 1600 and bev - 1934 and two transversely arranged cardboard elements
erage containers included therein may withstand higher 1936 , 1938 .
loads and / or more load cycles than center support 1300 of FIG . 20 depicts a bottom tray of a beverage container
FIG . 13 . 65 packaging assembly according to some embodiments . As
FIG . 17 depicts a bottom view of a center support shown , a bottom tray 2010 includes a plurality of cup
according to various embodiments . In the example shown, a shaped elements 2012 . The number of cup -shaped elements
EXHIBIT A, Page 48
Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 37 of 39 Page ID #:51
US 10 , 124,924 B2
1] 12
2012 corresponds to a number of beverage containers the elements 2118 , second vertical elements 2120 , and third
bottom tray 2010 is configured to accommodate . In the vertical elements 2122 may be sized , such that a bottle
example shown , the bottom tray 2010 includes twelve contacts all of the vertical elements 2118 , 2120 , 2122 when
cup -shaped elements 2012 — three (3 ) rows of four (4 ) loaded into the cup -shaped element 2110 . The bottle (not
cup -shaped elements 2012 — and the bottom tray 2010 is 5 shown ) and vertical deformable elements 2118 , 2120 , 2122
configured to accommodate 12 beverage containers . FIG . 20 may contact one another in an interference fit, such that a
depicts one example configuration of cup - shaped elements. force is necessary to push the bottle into the cup -shaped
The present disclosure , however, is in no way limited to the element 2110 and a force is necessary to remove the bottle
depicted configuration of cup - shaped elements 2012 or from the cup -shaped element 2110 . Securing the bottle in the
number of cup - shaped elements 2012 . 10 cup -shaped element 2110 in such a manner ensures that the
In certain cases, the bottom tray 2010 includes posts 2014 bottle is stationary during transit, thereby reducing any
configured to support the center support (not shown ) . Each potential damage .
of the posts 2014 may include guide elements 2016 ( e. g ., According to some embodiments, the cup - shaped element
protrusions) that form one or more channels to accommo 2110 includes multiple thin deformable elements 2124 ,
date panels of the center support (not shown ). 15 2126 . In certain cases , four thin deformable elements 2124
FIG . 21 depicts cup - shaped elements of a bottom tray may extend from a center of the cup - shaped element up a
according to various embodiments . In the example shown , a side of the cup - shaped element 2110 . The four first deform
bottom tray 2100 (e .g ., bottom tray 2010 of FIG . 20 ) may a ble elements 2124 may include thin protrusions spaced
include cup -shaped elements 2110 (e . g ., cup shaped element roughly 90 degrees apart from one another. The thin deform
1912 , 2012 of FIGS . 19 , 20 ) that are cylindrical and /or 20 able elements 2124 may collectively form an X - shape, with
substantially cylindrical. The cup -shaped element may each thin deformable element 2124 extending from the
include a bottom portion and multiple side walls forming a center of the X along the bottom and up a side wall. In
cup shape. In certain cases, the side walls may not be exactly certain cases , a portion of a first deformable element 2124
vertical but may include draft to enable the bottom tray 2100 extending along the wall of the cup - shaped element 2110
to be easily removed from a mold during fabrication . 25 may extend further from the surface than a portion of the
Each of multiple cup - shaped elements 2110 includes a thin deformable element spanning the bottom of the cup
first deformable element 2112 (e . g ., an hourglass shaped shaped element 2110 . In other words, the portion of the thin
element, bow -tie shaped element), second deformable ele - deformable element 2124 spanning the wall may be taller
ments 2116 , vertical elements 2118 , 2120 , 2122 , 2124 , and (higher ) than the portion spanning the bottom of the cup
other elements. The first deformable element 2112 may be 30 shaped element 2110 . In some embodiments , second thin
raised ( e .g ., a protrusion ) from the bottom surface of the deformable elements 2126 may be disposed between vertical
cup -shaped element 2110 . The first deformable element elements 2118 . Similar to the vertical elements , thin deform
2112 may resemble an hourglass , bow tie , or other similar able elements 2124 , 2126 are configured to absorb impact
shape. The first deformable element 2112 is configured to energy and/ or loads applied to the sides of the bottle . The
absorb impact applied to a top of a beverage container (not 35 thin deformable elements 2124 , 2126 prevent damage to the
shown). The first deformable element 2112 may be particu - bottom and sides of the bottle.
larly effective in absorbing impact from a bottle with a FIG . 22 depicts a bottom tray of a beverage container
convex bottom surface, such as a wine bottle . Wider portions packaging assembly according to various embodiments . A
2114 of thehourglass shaped element 2112 are configured to first cross -section A - A depicts a cross -section of the cup
contact the outer edges of the bottom of a bottle , such as a 40 shaped element 2212 of the bottom tray in a first direction .
wine bottle . Thinner portions 2113 of the hourglass shaped The first cross -section A - A is depicted in FIG . 23 . A second
element 2112 allow the element to deform ( for example , by cross section B - B depicts a cross - section of the cup -shaped
bending , crumpling , and /or otherwise deforming ) when a element 2212 in a direction perpendicular to the first direc
load is applied to a beverage container housed in the bottom tion . The second cross -section B - B is depicted in FIG . 24 .
tray 2100 . The hourglass shaped element 2112 deforms to 45 FIG . 23 depicts a first cross - section view of a cup - shaped
absorb load and reduce damage to a bottle , particularly when element of a bottom tray according to various embodiments .
a load is applied down from the top on the bottle or when the FIG . 23 includes a cross - section view along section A - A as
assembly is dropped . shown in FIG . 22 . In the example shown , the cross - section
A cup - shaped element 2110 may include second deform - passes through the center of the hourglass shaped deform
able elements 2116 . The second deformable elements 2116 50 able element 2312 . The center of the hourglass shaped
may resemble two adjacent mountain peaks. Similar to the deformable element 2312 includes a thinner portion 2313 of
first deformable element 2112 , the second deformable ele the hourglass shaped deformable element 2312 . The wider
ments 2116 are configured to contact the outer edges of the portion 2314 of the hourglass shaped deformable element
bottom of a bottle , such as a wine bottle . When a load is 2312 is shown in the background. The wider portion 2314
applied to the top of the wine bottle , when the beverage 55 contacts the outer edges of the bottom of a beverage con
container packaging is dropped , or when the bottle is oth tainer. The second deformable elements 2316 also contact
erwise subjected to a force , the second deformable elements the outer edges of the bottom of the beverage container (not
2116 are configured to absorb the load and /or energy of the shown ). First vertical elements 2318 contact the sides of the
load by , for example , crushing , buckling, and /or otherwise beverage container to retain the container in place . Thin
deforming. 60 deformable elements 2324 extend from the center of the
In various embodiments, the cup -shaped element 2110 cup-shaped element up the sides of the cup -shaped element.
includes multiple vertical deformable elements 2118 , 2120 , In certain cases, a thin deformable element 2326 may be
2122 . The vertical deformable elements 2118 , 2120 , 2122 disposed between the first vertical elements 2316 .
contact the sides of a beverage container ( not shown ). In FIG . 24 depicts a second cross - section view of a cup
certain cases, first vertical elements 2118, second vertical 65 shaped element of a bottom tray according to various
elements 2120 , and third vertical elements 2122 are config - embodiments. FIG . 24 includes a cross -section view along
ured to contact the outside of a bottle . The first vertical section B - B as shown in FIG . 22 . In the example shown , the
EXHIBIT A, Page 49
Case 2:18-cv-10568 Document 1-1 Filed 12/20/18 Page 38 of 39 Page ID #:52
US 10 ,124, 924 B2
15 16
a plurality of center support posts comprising at least a bottom tray of molded paper pulp including a plurality
one cross -shaped cavity ; of cup -shaped elements , the cup -shaped elements con
a plurality of beverage container support cavities figured to accommodate a bottom portion of a beverage
bounded by the center support posts, the support container, each cup - shaped element including one or
cavities configured to surround at least a portion of 5 more deformable elements forming a cross shape;
a top tray of molded paper pulp including a plurality of
the beverage container; and bottle neck accommodating spaces each bounded by at
the top tray of molded paper pulp including : least one deformable element, the bottle neck accom
a plurality of vertical members comprising at least one modating spaces each configured to accommodate a
deformable element; and neck portion of the beverage container ; and
a plurality of bottle neck accommodating spaces each a center support ofmolded paper pulp disposed between
bounded by the at least one deformable element, the and in contact with the bottom tray and the top tray, the
bottle neck accommodating spaces each configured center support including at least one cross - shaped cav
to accommodate a neck portion of the beverage ity and a plurality of beverage container support cavi
container . 15
ties bounded by a plurality of center support posts, the
2 . The beverage container packaging assembly of claim 1 , support cavities configured to surround at least a por
wherein at least a portion of the bottle neck accommodating tion of the beverage container .
15 . The beverage container packaging assembly of claim
spaces are bounded by verticalmembers, the verticalmem 14 , wherein a cross - sectional area of the center support
bers including the at least one deformable element. decreases between a top end of the center support and a
3 . The beverage container packaging assembly of claim 2 , 20
wherein at least one of the vertical members comprises a 20 bottom end of the center support.
16 . The beverage container packaging assembly of claim
vertical post.
4 . The beverage container packaging assembly of claim 1 . 14, wherein one or more surfaces of the center support posts
wherein the at least one deformable element extends towards extend to a same height.
a center of the bottle neck accommodating space. 17 . The beverage container packaging assembly of claim
5 . The beverage container packaging assembly of claim 1 . - 14 , wherein each of the beverage container support cavities
wherein a cross -section of the cross -shaped cavities are 18configured to fully encapsulate a beverage container.
. The beverage container packaging assembly of claim
increases from a bottom end of the center support to a top
end of the center support. 14 , wherein the one or more deformable elements of the
6 . The beverage container packaging assembly of claim 1 , 30 bottom
19 .
tray comprise the cross shape .
The beverage container packaging assembly of claim
wherein a cross - sectional area of the center support 14 , wherein a first set of the beverage container support
decreases between a top end of the center support and a cavities are configured to fully encapsulate the beverage
bottom end of the center support . container and a second set of the beverage container support
7 . The beverage container packaging assembly of claim 1 ,
cavities
wherein one or more surfaces of the center support posts 35 container. are configured to partially encapsulate the beverage
extend to a same height. 20 . A beverage container packaging assembly comprising :
8 . The beverage container packaging assembly of claim 1 , a bottom tray of molded paper pulp including:
wherein the beverage container support cavities include one a plurality of cup -shaped elements , the cup -shaped
ormore of a quarter circle shape, a half circle shape and full elements configured to accommodate a bottom por
circle shape .
9 . The beverage container packaging assembly of claim 1, 40 tion of a beverage container, each cup -shaped ele
ment including at least a first deformable element
wherein the one or more deformable elements of the bottom comprising one or more wide portions and one or
tray comprise the cross shape .
10 . The beverage container packaging assembly of claim more thin portions ; and
1 , wherein at least one of the beverage container support 45 a plurality of posts each comprising a plurality of
cavities include a semi-circular shape and at least one of the deformable post elements ;
beverage container support cavities include a fully circular a center support of molded paper pulp disposed between
shape . and in contact with the bottom tray and a top tray of
11 . The beverage container packaging assembly of claim molded paper pulp , the center support including :
1 , wherein each of the beverage container support cavities 50 a plurality of beverage container support cavities con
are configured to at least partially encapsulate a beverage figured to surround at least a portion of a beverage
container. container; and
12 . The beverage container packaging assembly of claim a plurality of star-shaped cavities that contact the
1, wherein a first set of the beverage container support deformable post elements of the bottom tray ;
cavities are configured to fully encapsulate a beverage 55 the top tray of molded paper pulp including :
container and a second set of the beverage container support a plurality of vertical posts comprising at least one
cavities are configured to partially encapsulate a beverage deformable element ; and
container. a plurality of bottle neck accommodating spaces each
13 . The beverage container packaging assembly of claim bounded by a set of the vertical posts, the bottle neck
1, wherein the bottom tray , center support, and top tray are 60 accommodating spaces each configured to accom
configured to contact the beverage container . modate a neck portion of the beverage container.
14 . A beverage container packaging assembly comprising: * * * *
EXHIBIT A, Page 51