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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN
MID-AMERICA MACHINING, INC.
a Michigan corporation,
Case No.

Plaintiff,
vs.

Hon.

MILACRON PLASTICS TECHNOLOGIES

GROUP LLC
a Delaware limited liability company,

DEMAND FOR JURY

TRIAL

Defendant.
J. Michael Huget (P39150)
Eric Sosenko (P43544)
Sarah E. Waidelich (admitted in New York)
HONIGMAN MILLER SCHWARTZ AND COHN LLP
130 South First Street, Fourth Floor
Ann Arbor, Michigan 48104
Tel: (734) 418-4254
Fax: (734) 418-4255
[email protected]
[email protected]
[email protected]
Counsel for Plaintiff
______________________________________

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COMPLAINT AND JURY DEMAND

Pursuant to Rule 7(a) of the Federal Rules of Civil Procedure, Plaintiff MidAmerica Machining, Inc. (Mid-America) hereby provides its Complaint against
Defendant Milacron Plastics Technologies Group LLC (Milacron or Uniloy)
for patent infringement.
THE PARTIES
1.

Plaintiff Mid-America is a corporation organized and existing under

the laws of the State of Michigan, having a registered address of 11530 Brooklyn
Road, Brooklyn, MI 49230.
2.

Mid-America is a designer of containers, and a designer and

manufacturer of manufacturing equipment, such as extrusion blow molds and

tooling, and has a place of business in this jurisdiction at 11530 Brooklyn Road,
Brooklyn, MI 49230.
3.

Upon information and belief, Milacron is a Delaware limited liability

company having a principal place of business in this jurisdiction at 5550 S.

Occidental Road Suite B, Tecumseh, MI 49286. Upon further information and
belief, Milacron sells infringing products in the United States, including within this
Judicial District, primarily under the brand name Uniloy.

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JURISDICTION AND VENUE

4.

This action arises under the patent laws of the United States, Title 35,

Section 101 and 271, of the United States Code.

5.

This Court has jurisdiction over the subject matter of this action

pursuant to 28 U.S.C. 1331 and 1338(a).

6.

Upon information and belief, this Court has personal jurisdiction over

the Defendant because Defendant resides in this Judicial District, is registered to

do business in this Judicial District, and carries on a continuous and systematic part
of its general business within this Judicial District.
7.

Upon information and belief, this Court also has personal jurisdiction

over the Defendant because Defendant regularly and continuously engages in

substantial sales and other business transactions in the Eastern District of
Michigan, and has sold infringing products and/or committed infringing acts in this
Judicial District. Further, Defendant has placed infringing products into the stream
of commerce knowing and intending that this Judicial District was, and is, a likely
destination of those products. This Court has personal jurisdiction over the
Defendant because Defendant caused injury to Plaintiff in this Judicial District.
Further, based upon information and belief, Defendant has substantial contacts
with this forum as a result of pervasive business activities conducted within the

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State of Michigan and within this Judicial District, including but not limited to the
selling or offering for sale of infringing products.
8.

Venue is proper in this Judicial District pursuant to 28 U.S.C. 1391

and 1400.
NATURE OF THIS ACTION
9.

This is a civil action against Defendant Milacron for infringement of

certain United States patents arising under the laws of the United States set forth in
Title 35 of the United States Code.
10.

Mid-America has numerous patents in the United States relating to

extrusion blow molds, tooling for machinery platforms, and various containers.
11.

Mid-America seeks an award of monetary damages, including costs

and attorneys fees pursuant to 35 U.S.C. 284 and 285 for violation of 35 U.S.C.
271.
12.

Mid-America further seeks an award preliminarily and permanently

enjoining and restraining Defendant from infringing the Patents-in-Suit.

Patents-in-Suit
13.

On March 11, 2014, the United States Patent and Trademark Office

(PTO) duly and legally issued United States Patent No. 8,668,101 (the 101
patent), entitled Method and Apparatus for Making a Light Weight Container.

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A true and correct copy of the 101 patent is attached as Exhibit A and is made a
part of this Complaint.
14.

On September 17, 2013, the PTO duly and legally issued United

States Patent No. 8,535,599 (the 599 patent), entitled Method and Apparatus
for Making a Light Weight Container. A true and correct copy of the 599 patent
is attached as Exhibit B and is made a part of this Complaint.
15.

On March 17, 2015, the PTO duly and legally issued United States

Patent No. 8,979,524 (the 524 patent), entitled Method and Apparatus for
Making a Light Weight Container. A true and correct copy of the 524 patent is
attached as Exhibit C and is made a part of this Complaint.
16.

On March 26, 2013, the PTO duly and legally issued United States

Design Patent No. D678,774 (the D774 patent), entitled Container. A true and
correct copy of the D774 patent is attached hereto as Exhibit D and is made a part
of this Complaint.
17.

On March 19, 2013, the PTO duly and legally issued United States

Design Patent No. D678,072 (the D072 patent), entitled Container. A true and
correct copy of the D072 patent is attached hereto as Exhibit E and is made a part
of this Complaint.
18.

The United States patents identified in paragraphs 13-17 above are

collectively referred to herein as the Patents-in-Suit.

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19.

Pg ID 6

The Patents-in-Suit are directed, inter alia, to methods and

apparatuses for manufacturing lightweight, blow-molded containers, and the

containers themselves.
20.

Mid-America was the assignee of all right, title, and interest in the

Patents-in-Suit throughout the period of Defendants infringement and is currently

the assignee of all right, title, and interest in the Patents-in-Suit, including the right
to bring and maintain this action with respect to the Patents-in-Suit.
Milacrons Infringing Activity
21.

Mid-America owns all rights, title and interest in the Patents-in-Suit.

22.

Based upon information and belief, Milacron designs, engineers,

makes, validates, uses, sells, and/or offers to sell in the United States, including in
this Judicial District, machinery and products that infringe upon Mid-Americas
rights in the Patents-in-Suit, and Milacron will continue to do so unless enjoined
by this Court.
23.

Milacron is a designer and manufacturer of machinery, molds and

tooling, including, but not limited to, blow-molding technologies, and containers
produced by such technologies.
24.

Upon information and belief, Milacron markets and sells its infringing

products primarily under the brand name Uniloy.

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25.

Pg ID 7

Milacron is a designer and manufacturer of machinery, molds, and

tooling (the Accused Machinery) used to manufacture lightweight containers

marked with number 80875 (the 80875 Container) (shown in Figs. 1 and 2
below) and lightweight containers marked with number 70985 (the 70985
Container) (shown in Figs. 3 and 4 below). The Accused Machinery, the 80875
Container, and the 70985 Container are collectively referred to herein as Accused
Products.

Fig. 1

Fig. 2

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Fig. 3
26.

Pg ID 8

Fig. 4

Based upon information and belief, Milacron is making, using,

selling, offering to sell, and/or distributing Accused Products at least to Meijer,

Inc.
27.

Milacron is part of a sophisticated family of companies that is aware

of the intellectual property rights of others in the relevant blow-molding industry.

Upon information and belief, Milacron regularly conducts searches for patents
related to its products. Also based upon information and belief, Milacron has
secured its own patents related to manufacturing technologies and is, therefore,
knowledgeable and well aware of the patent landscape among its competitors.
Milacron also marks certain of its products with patent pending, and markets to
potential clients that its products embody patent pending technology, further
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evidence that it is actively attempting to prosecute and secure patents. Thus, a

reasonable inference is that Milacron is aware of the Patents-in-Suit. Mid-America
asserts that this reasonable inference is true.
28.

Mid-America prominently marks its products with the Patents-in-Suit.

For example, a container incorporating and manufactured with Mid-Americas

patented technology will direct the consumer to the following website:
http://www.mam-patents.com/. This website lists the products covered by one or
more of the listed patents, including all of the Patents-in-Suit. Thus, Mid-America
hereby asserts that there is a reasonable inference that Milacron has had knowledge
of the Patents-in-Suit prior to the filing of this Complaint. Mid-America asserts
that this reasonable inference is true.
29.

At least as early as May 2012, Mid-America informed Milacron that it

had developed a new light weight container and new technologies for
manufacturing light weight containers, and that it was in the process of patenting
said container and technologies.
30.

At least as early as October 2014, Mid-America informed Milacron

that, pursuant to its efforts to patent its new light weight container and new
technologies for manufacturing light weight containers, the PTO had issued the
101 patent, the 599 patent, and the D774 patent. Mid-America transmitted
multiple email communications to Milacrons Vice President and General

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Manager, Dave Skala, identifying the 101 patent, the 599 patent, and the D774
patent, and Milacrons potential infringement thereof, should it pursue
development of light weight containers, machinery, molds, and tooling to
manufacture light weight containers as claimed in the 101 patent, the 599 patent,
and the D774 patent. Thus, Milacron has had actual knowledge of at least some of
the Patents-in-Suit, and of Milacrons infringement thereof, prior to the filing of
this Complaint.
31.

Therefore, Milacron has had knowledge of at least some of the

Patents-in-Suit, and of Milacrons infringement of at least some of the Patents-inSuit, for years.
COUNT I
DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,668,101
(VIOLATION OF 35 U.S.C. 101 AND 271)

32.

Mid-America repeats and re-alleges the allegations contained in

Paragraphs 1-31 above as if fully set forth herein.

33.

The 101 patent was duly and legally issued by the PTO, and was duly

and legally assigned to Mid-America.

34.

All rights, title, and interest in and to the 101 patent are vested in

Mid-America.

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35.

Pg ID 11

Upon information and belief, Milacron has directly infringed, and

continues to directly infringe, literally or under the doctrine of equivalents, the

claims of the 101 patent by making, using, importing, selling, and offering for sale
in Michigan and nationwide, Accused Products, including, but not limited to, the
80875 Container, which embody the subject matter claimed in the 101 patent.
36.

Defendants infringing activities violate 35 U.S.C. 271.

37.

With knowledge of the 101 patent, Defendant continues to infringe

claims of the 101 patent under 35 U.S.C. 271(a).

38.

Alternatively, if Milacron asserts that it had no knowledge of the 101

patent prior to the filing of this Complaint, Milacron was willfully blind to a
competitors patent rights.
39.

It is reasonable to infer at least based on the facts set forth in

Paragraphs 27-30 above, and because of Milacrons knowledge of its infringement

since at least October 2014, that Milacrons conduct has been willful, wanton and
deliberate. It is also reasonable to infer that Milacrons actions have been
objectively reckless based on the facts set forth in Paragraphs 27-30 above. Despite
any statement to the contrary, and upon information and belief, Milacron will
continue to infringe the 101 patent unless enjoined by the Court.

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40.

Pg ID 12

The actions of Milacron with regard to infringement of the 101 patent

are willful such that Mid-America is entitled to treble damages under 35 U.S.C.
284.
41.

In addition, Mid-America has no adequate remedy at law against

Milacrons continuing acts of infringement. Milacrons infringement of the 101

patent may continue unless and until enjoined by this Court, causing Mid-America
irreparable harm.
42.

Mid-America is therefore entitled to an injunction under 35 U.S.C.

283 against Milacron, preliminarily and permanently enjoining and restraining

Milacron from infringing the 101 patent, and from making, manufacturing,
developing, producing, supplying, selling, distributing, advertising, using and
offering for sale the 80875 Container, or any other product which incorporates any
of Mid-Americas rights protected by the 101 patent.
43.

This is an exceptional case that falls within the provisions of 35

U.S.C. 285 and accordingly Mid-America is entitled to an award of reasonable

attorneys fees.
COUNT II
INDIRECT INFRINGEMENT OF U.S. PATENT NO. 8,668,101
(VIOLATION OF 35 U.S.C. 101 AND 271)
44.

Mid-America repeats and re-alleges the allegations contained in

Paragraphs 1-43 above as if fully set forth herein.

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45.

Pg ID 13

Certain claims of the 101 patent are directed to blow-molded

containers. These containers are produced, alone or in combination with the

patented methods and apparatuses, by third parties, such as Milacrons customers.
46.

On its website, http://www.uniloyna.com/index.html, Defendant states

that, as the worldwide leader in blow molding technologies, it develops and

produces far more than just machinery, molds and tooling.
47.

The reasonable inference drawn from the facts set forth above is that

Milacrons Accused Machinery have no use without infringing the 101 patent.
Mid-America asserts that this reasonable inference is true.
48.

Milacron knowingly and actively induces others to infringe, and/or

Milacron contributorily infringes claims of the 101 patent under 35 U.S.C.

271(b) and/or 271(c).
49.

Based upon information and belief, Milacron induces infringement by

designing products to have infringing capability, by providing customers with the

means to infringe, by instructing them how to infringe, and by providing support
services to its customers regarding installation, validation and maintenance of the
Accused Products. Milacron does so with knowledge of the 101 patent,
knowledge that its instructions and support services cause its customers to infringe
the 101 patent, and with the specific intent to cause infringement. As a non-

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limiting example, upon information and belief, Meijer, Inc. is a customer of

Milacron for the Accused Products.
50.

By their use of the Accused Products, Milacrons customers and end

users directly infringe claims of the 101 patent under 35 U.S.C. 271(a). As
stated above, upon information and belief, Meijer, Inc. is a customer of Milacron
for the Accused Products.
51.

Based on the facts alleged above, it is a reasonable inference that

Milacron knew that its Accused Products were especially made or adapted for use
to infringe the 101 patent.
52.

It is reasonable to infer based on the facts set forth above in

Paragraphs 27-30 that Milacron knowingly and affirmatively intends to actively

induce and contribute to the infringement of the 101 patent under 35 U.S.C.
271(b) and/or 271(c). Mid-America asserts that this reasonable inference is true.
53.

With knowledge of the 101 patent and knowledge that the acts it

induces constitute patent infringement, Milacron continues to induce infringement

of the 101 patent.
54.

It is reasonable to infer based on the facts set forth in Paragraphs 27-

30 above, and because of Milacrons knowledge of its infringement since at least

October 2014, that Milacrons conduct has been willful, wanton, and deliberate. It
is also reasonable to infer that Milacrons actions have been objectively reckless

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based on the facts set forth in Paragraphs 27-30 above. The actions of Milacron
with regard to infringement of the 101 patent are willful such that Mid-America is
entitled to treble damages under 35 U.S.C. 284.
55.

Milacrons infringement of the 101 patent has been intentional and

willful, making this an exceptional case.

56.

Despite any statement to the contrary, and upon information and

belief, Milacron will continue to infringe the 101 patent unless enjoined by this
Court.
57.

Mid-America has no adequate remedy at law. Unless enjoined by this

Court, Milacron will continue such acts of infringement, causing Mid-America to

incur substantial and irreparable damage.
COUNT III
DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,535,599
(VIOLATION OF 35 U.S.C. 101 AND 271)

58.

Mid-America repeats and re-alleges the allegations contained in

Paragraphs 1-57 above as if fully set forth herein.

59.

The 599 patent was duly and legally issued by the PTO, and was duly

and legally assigned to Mid-America.

60.

All rights, title, and interest in and to the 599 patent are vested in

Mid-America.

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61.

Pg ID 16

Upon information and belief, Milacron has directly infringed, and

continues to directly infringe, literally or under the doctrine of equivalents, the

claims of the 599 patent by making, using, importing, selling, and offering for sale
in Michigan and nationwide, Accused Products, including, but not limited to,
Accused Machinery used to produce light weight containers such as the 80875
Container, which embody the subject matter claimed in the 599 patent.
62.

Defendants infringing activities violate 35 U.S.C. 271.

63.

With knowledge of the 599 patent, Defendant continues to infringe

claims of the 599 patent under 35 U.S.C. 271(a).

64.

Alternatively, if Milacron asserts that it had no knowledge of the 599

patent prior to the filing of this Complaint, Milacron was willfully blind to a
competitors patent rights.
65.

It is reasonable to infer at least based on the facts set forth in

Paragraphs 27-30 above, and because of Milacrons knowledge of its infringement

since at least October 2014, that Milacrons conduct has been willful, wanton and
deliberate. It is also reasonable to infer that Milacrons actions have been
objectively reckless based on the facts set forth in Paragraphs 27-30 above. Despite
any statement to the contrary, and upon information and belief, Milacron will
continue to infringe the 599 patent unless enjoined by the Court.

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66.

Pg ID 17

The actions of Milacron with regard to infringement of the 599 patent

are willful such that Mid-America is entitled to treble damages under 35 U.S.C.
284.
67.

In addition, Mid-America has no adequate remedy at law against

Milacrons continuing acts of infringement. Milacrons infringement of the 599

patent may continue unless and until enjoined by this Court, causing Mid-America
irreparable harm.
68.

Mid-America is therefore entitled to an injunction under 35 U.S.C.

283 against Milacron, preliminarily and permanently enjoining and restraining

Milacron from infringing the 599 patent, and from making, manufacturing,
developing, producing, supplying, selling, distributing, advertising, using and
offering for sale the Accused Machinery or any product used to manufacture the
80875 Container, or any other product which incorporates any of Mid-Americas
rights protected by the 599 patent.
69.

This is an exceptional case that falls within the provisions of 35

U.S.C. 285 and accordingly Mid-America is entitled to an award of reasonable

attorneys fees.
COUNT IV
INDIRECT INFRINGEMENT OF U.S. PATENT NO. 8,535,599
(VIOLATION OF 35 U.S.C. 101 AND 271)

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70.

Pg ID 18

Mid-America repeats and re-alleges the allegations contained in

Paragraphs 1-69 above as if fully set forth herein.

71.

Certain claims of the 599 patent are directed to methods for forming

blow-molded containers. In order for these methods to provide the intended

function, they are used, alone or in combination with the patented apparatuses, by
third parties, such as Milacrons customers.
72.

On its website, http://www.uniloyna.com/index.html, Defendant states

that, as the worldwide leader in blow molding technologies, it develops and

produces far more than just machinery, molds and tooling.
73.

The reasonable inference drawn from the facts set forth above is that

Milacrons Accused Machinery are a material part of the systems, assemblies,

and/or components claimed in the 599 patent and that they are not a staple item of
commerce. Milacrons Accused Machinery has no use without infringing the 599
patent. Mid-America asserts that this reasonable inference is true.
74.

Milacron knowingly and actively induces others to infringe, and/or

Milacron contributorily infringes claims of the 599 patent under 35 U.S.C.

271(b) and/or 271(c).
75.

Based upon information and belief, Milacron induces infringement by

designing products to have infringing capability, by providing customers with the

means to infringe, by instructing them how to infringe, and by providing support

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services to its customers regarding installation, validation and maintenance of the

Accused Products. Milacron does so with knowledge of the 599 patent,
knowledge that its instructions and support services cause its customers to infringe
the 599 patent, and with the specific intent to cause infringement. As a nonlimiting example, upon information and belief, Meijer, Inc. is a customer of
Milacron for the Accused Products.
76.

By their use of the Accused Products, Milacrons customers and end

users directly infringe claims of the 599 patent under 35 U.S.C. 271(a). As
stated above, upon information and belief, Meijer, Inc. is a customer of Milacron
for the Accused Products.
77.

Based on the facts alleged above, it is a reasonable inference that

Milacron knew that its Accused Products were especially made or adapted for use
to infringe the 599 patent.
78.

It is reasonable to infer based on the facts set forth above in

Paragraphs 27-30 that Milacron knowingly and affirmatively intends to actively

induce and contribute to the infringement of the 599 patent under 35 U.S.C.
271(b) and/or 271(c). Mid-America asserts that this reasonable inference is true.
79.

With knowledge of the 599 patent and knowledge that the acts it

induces constitute patent infringement, Milacron continues to induce infringement

of the 599 patent.

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80.

Pg ID 20

It is reasonable to infer based on the facts set forth in Paragraphs 27-

30 above, and because of Milacrons knowledge of its infringement since at least

October 2014, that Milacrons conduct has been willful, wanton, and deliberate. It
is also reasonable to infer that Milacrons actions have been objectively reckless
based on the facts set forth in Paragraphs 27-30 above. The actions of Milacron
with regard to infringement of the 599 patent are willful such that Mid-America is
entitled to treble damages under 35 U.S.C. 284.
81.

Milacrons infringement of the 599 patent has been intentional and

willful, making this an exceptional case.

82.

Despite any statement to the contrary, and upon information and

belief, Milacron will continue to infringe the 599 patent unless enjoined by this
Court.
83.

Mid-America has no adequate remedy at law. Unless enjoined by this

Court, Milacron will continue such acts of infringement, causing Mid-America to

incur substantial and irreparable damage.
COUNT V
DIRECT INFRINGEMENT OF U.S. PATENT NO. 8,979,524
(VIOLATION OF 35 U.S.C. 101 AND 271)

84.

Mid-America repeats and re-alleges the allegations contained in

Paragraphs 1-83 above as if fully set forth herein.

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85.

Pg ID 21

The 524 patent was duly and legally issued by the PTO, and was duly

and legally assigned to Mid-America.

86.

All rights, title, and interest in and to the 524 patent are vested in

Mid-America.
87.

Upon information and belief, Milacron has directly infringed, and

continues to directly infringe, literally or under the doctrine of equivalents, the

claims of the 524 patent by making, using, importing, selling, and offering for sale
in Michigan and nationwide, Accused Products, including, but not limited to,
Accused Machinery used to produce light weight containers such as the 80875
Container, which embody the subject matter claimed in the 524 patent.
88.

Defendants infringing activities violate 35 U.S.C. 271.

89.

Upon information and belief, Milacron gained knowledge of the 524

patent at least as early as the issue date of the 524 patent, on March 17, 2015. The
524 patent is a division of Application No. 13/405,495, now the 101 patent, and
upon information and belief, Milacron was aware of issued patents and published
patent applications relating to the 101 patent.
90.

With knowledge of the 524 patent, Defendant continues to infringe

claims of the 524 patent under 35 U.S.C. 271(a).

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91.

Pg ID 22

Alternatively, if Milacron asserts that it had no knowledge of the 524

patent prior to the filing of this Complaint, Milacron was willfully blind to a
competitors patent rights.
92.

It is reasonable to infer at least based on the facts set forth in

Paragraphs 27-28 above, that Milacrons conduct has been willful, wanton and
deliberate. It is also reasonable to infer that Milacrons actions have been
objectively reckless based on the facts set forth in Paragraphs 27-28 above. Despite
any statement to the contrary, and upon information and belief, Milacron will
continue to infringe the 524 patent unless enjoined by the Court.
93.

The actions of Milacron with regard to infringement of the 524 patent

are willful such that Mid-America is entitled to treble damages under 35 U.S.C.
284.
94.

In addition, Mid-America has no adequate remedy at law against

Milacrons continuing acts of infringement. Milacrons infringement of the 524

patent may continue unless and until enjoined by this Court, causing Mid-America
irreparable harm.
95.

Mid-America is therefore entitled to an injunction under 35 U.S.C.

283 against Milacron, preliminarily and permanently enjoining and restraining

Milacron from infringing the 524 patent, and from making, manufacturing,
developing, producing, supplying, selling, distributing, advertising, using and

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offering for sale the Accused Machinery or any product used to manufacture the
80875 Container, or any other product which incorporates any of Mid-Americas
rights protected by the 524 patent.
96.

This is an exceptional case that falls within the provisions of 35

U.S.C. 285 and accordingly Mid-America is entitled to an award of reasonable

attorneys fees.
COUNT VI
INDIRECT INFRINGEMENT OF U.S. PATENT NO. 8,979,524
(VIOLATION OF 35 U.S.C. 101 AND 271)
97.

Mid-America repeats and re-alleges the allegations contained in

Paragraphs 1-96 above as if fully set forth herein.

98.

Certain claims of the 524 patent are directed to apparatuses for

forming blow-molded containers. In order for these apparatuses to provide the

intended function, they are used, alone or in combination with the patented
methods, by third parties, such as Milacrons customers.
99.

On its website, http://www.uniloyna.com/index.html, Defendant states

that, as the worldwide leader in blow molding technologies, it develops and

produces far more than just machinery, molds and tooling.
100. The reasonable inference drawn from the facts set forth above is that
Milacrons Accused Machinery are a material part of the systems, assemblies,
and/or components claimed in the 524 patent and that they are not a staple item of
23
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Pg ID 24

commerce. Milacrons Accused Machinery has no use without infringing the 524
patent. Mid-America asserts that this reasonable inference is true.
101. Milacron knowingly and actively induces others to infringe, and/or
Milacron contributorily infringes claims of the 524 patent under 35 U.S.C.
271(b) and/or 271(c).
102. Based upon information and belief, Milacron induces infringement by
designing products to have infringing capability, by providing customers with the
means to infringe, by instructing them how to infringe, and by providing support
services to its customers regarding installation, validation and maintenance of the
Accused Products. Milacron does so with knowledge of the 524 patent,
knowledge that its instructions and support services cause its customers to infringe
the 524 patent, and with the specific intent to cause infringement. As a nonlimiting example, upon information and belief, Meijer, Inc. is a customer of
Milacron for the Accused Products.
103. By their use of the Accused Products, Milacrons customers and end
users directly infringe claims of the 524 patent under 35 U.S.C. 271(a). As
stated above, upon information and belief, Meijer, Inc. is a customer of Milacron
for the Accused Products.

24
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Pg ID 25

104. Based on the facts alleged above, it is a reasonable inference that

Milacron knew that its Accused Products were especially made or adapted for use
to infringe the 524 patent.
105. It is reasonable to infer based on the facts set forth above in
Paragraphs 27-28 that Milacron knowingly and affirmatively intends to actively
induce and contribute to the infringement of the 524 patent under 35 U.S.C.
271(b) and/or 271(c). Mid-America asserts that this reasonable inference is true.
106. With knowledge of the 524 patent and knowledge that the acts it
induces constitute patent infringement, Milacron continues to induce infringement
of the 524 patent.
107. It is reasonable to infer based on the facts set forth in Paragraphs 2728 above, that Milacrons conduct has been willful, wanton, and deliberate. It is
also reasonable to infer that Milacrons actions have been objectively reckless
based on the facts set forth in Paragraphs 27-28 above. The actions of Milacron
with regard to infringement of the 524 patent are willful such that Mid-America is
entitled to treble damages under 35 U.S.C. 284.
108. Milacrons infringement of the 524 patent has been intentional and
willful, making this an exceptional case.

25
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Pg ID 26

109. Despite any statement to the contrary, and upon information and
belief, Milacron will continue to infringe the 524 patent unless enjoined by this
Court.
110. Mid-America has no adequate remedy at law. Unless enjoined by this
Court, Milacron will continue such acts of infringement, causing Mid-America to
incur substantial and irreparable damage.
COUNT VII
DIRECT INFRINGEMENT OF U.S. PATENT NO. D678,774
(VIOLATION OF 35 U.S.C. 101 AND 271)

111. Mid-America repeats and re-alleges the allegations contained in

Paragraphs 1-110 above as if fully set forth herein.
112. The D774 patent was duly and legally issued by the PTO, and was
duly and legally assigned to Mid-America.
113. All rights, title, and interest in and to the D774 patent are vested in
Mid-America.
114. Upon information and belief, Milacron has directly infringed, and
continues to directly infringe, the claim of the D774 patent by making, using,
importing, selling, and offering for sale in Michigan and nationwide, containers,
including but not limited to, the 80875 Container, which embody the subject matter
claimed in the D774 patent.

26
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Pg ID 27

115. Defendants infringing activities violate 35 U.S.C. 271.

116. With knowledge of the D774 patent, Defendant continues to infringe
claims of the D774 patent under 35 U.S.C. 271(a).
117. Alternatively, if Milacron asserts that it had no knowledge of the
D774 patent prior to the filing of this Complaint, Milacron was willfully blind to a
competitors patent rights.
118. It is reasonable to infer at least based on the facts set forth in
Paragraphs 27-30 above, and because of Milacrons knowledge of its infringement
since at least October 2014, that Milacrons conduct has been willful, wanton and
deliberate. It is also reasonable to infer that Milacrons actions have been
objectively reckless based on the facts set forth in Paragraphs 27-30 above. Despite
any statement to the contrary, and upon information and belief, Milacron will
continue to infringe the D774 patent unless enjoined by the Court.
119. The actions of Milacron with regard to infringement of the D774
patent are willful such that Mid-America is entitled to treble damages under 35
U.S.C. 284.
120. In addition, Mid-America has no adequate remedy at law against
Milacrons continuing acts of infringement. Milacrons infringement of the D774
patent may continue unless and until enjoined by this Court, causing Mid-America
irreparable harm.

27
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Pg ID 28

121. Mid-America is therefore entitled to an injunction under 35 U.S.C.

283 against Milacron, preliminarily and permanently enjoining and restraining
Milacron from infringing the 101 patent, and from making, manufacturing,
developing, producing, supplying, selling, distributing, advertising, using and
offering for sale the 80875 Container, or any other product which incorporates any
of Mid-Americas rights protected by the D774 patent.
122. This is an exceptional case that falls within the provisions of 35
U.S.C. 285 and accordingly Mid-America is entitled to an award of reasonable
attorneys fees.
COUNT VIII
INDIRECT INFRINGEMENT OF U.S. PATENT NO. D678,774
(VIOLATION OF 35 U.S.C. 101 AND 271)
123. Mid-America repeats and re-alleges the allegations contained in
Paragraphs 1-122 above as if fully set forth herein.
124. Upon information and belief, Milacron knowingly and actively
induces others to infringe, and/or Milacron contributorily infringes claims of the
D774 patent under 35 U.S.C. 271(b) and/or 271(c).
125. Based upon information and belief, Milacron induces infringement by
designing products to have infringing capability, by providing customers with the
means to infringe, by instructing them how to infringe, and by providing support
services to its customers regarding installation, validation and maintenance of the
28
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Pg ID 29

Accused Products. Milacron does so with knowledge of the D774 patent,

knowledge that its instructions and support services cause its customers to infringe
the D774 patent, and with the specific intent to cause infringement. As a nonlimiting example, upon information and belief, Meijer, Inc. is a customer of
Milacron for the Accused Products.
126. By their use of the Accused Products, Milacrons customers and end
users directly infringe claims of the D774 patent under 35 U.S.C. 271(a). As
stated above, upon information and belief, Meijer, Inc. is a customer of Milacron
for the Accused Products.
127. Based on the facts alleged above, it is a reasonable inference that
Milacron knew that its Accused Products were especially made or adapted for use
to infringe the D774 patent.
128. It is reasonable to infer based on the facts set forth above in
Paragraphs 27-30 that Milacron knowingly and affirmatively intends to actively
induce and contribute to the infringement of the D774 patent under 35 U.S.C.
271(b) and/or 271(c). Mid-America asserts that this reasonable inference is true.
129. With knowledge of the D774 patent and knowledge that the acts it
induces constitute patent infringement, Milacron continues to induce infringement
of the D774 patent.

29
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Pg ID 30

130. It is reasonable to infer based on the facts set forth in Paragraphs 2730 above, and because of Milacrons knowledge of its infringement since at least
October 2014, that Milacrons conduct has been willful, wanton, and deliberate. It
is also reasonable to infer that Milacrons actions have been objectively reckless
based on the facts set forth in Paragraphs 27-30 above. The actions of Milacron
with regard to infringement of the D774 patent are willful such that Mid-America
is entitled to treble damages under 35 U.S.C. 284.
131. Milacrons infringement of the D774 patent has been intentional and
willful, making this an exceptional case.
132. Despite any statement to the contrary, and upon information and
belief, Milacron will continue to infringe the D774 patent unless enjoined by this
Court.
133. Mid-America has no adequate remedy at law. Unless enjoined by this
Court, Milacron will continue such acts of infringement, causing Mid-America to
incur substantial and irreparable damage.
COUNT IX
DIRECT INFRINGEMENT OF U.S. PATENT NO. D678,072
(VIOLATION OF 35 U.S.C. 101 AND 271)

134. Mid-America repeats and re-alleges the allegations contained in

Paragraphs 1-133 above as if fully set forth herein.

30
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Pg ID 31

135. The D072 patent was duly and legally issued by the PTO, and was
duly and legally assigned to Mid-America.
136. All rights, title, and interest in and to the D072 patent are vested in
Mid-America.
137. Upon information and belief, Milacron has directly infringed, and
continues to directly infringe, the claims of the D072 patent by making, using,
importing, selling, and offering for sale in Michigan and nationwide, containers,
including but not limited to, the 70985 Container, which embody the subject matter
claimed in the D072 patent.
138. Defendants infringing activities violate 35 U.S.C. 271.
139. With knowledge of the D072 patent, Defendant continues to infringe
claims of the D072 patent under 35 U.S.C. 271(a).
140. Alternatively, if Milacron asserts that it had no knowledge of the
D072 patent prior to the filing of this Complaint, Milacron was willfully blind to a
competitors patent rights.
141. It is reasonable to infer at least based on the facts set forth in
Paragraphs 27-28 above, that Milacrons conduct has been willful, wanton and
deliberate. It is also reasonable to infer that Milacrons actions have been
objectively reckless based on the facts set forth in Paragraphs 27-28 above. Despite

31
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Pg ID 32

any statement to the contrary, and upon information and belief, Milacron will
continue to infringe the D072 patent unless enjoined by the Court.
142. The actions of Milacron with regard to infringement of the D072
patent are willful such that Mid-America is entitled to treble damages under 35
U.S.C. 284.
143. In addition, Mid-America has no adequate remedy at law against
Milacrons continuing acts of infringement. Milacrons infringement of the D072
patent may continue unless and until enjoined by this Court, causing Mid-America
irreparable harm.
144. Mid-America is therefore entitled to an injunction under 35 U.S.C.
283 against Milacron, preliminarily and permanently enjoining and restraining
Milacron from infringing the D072 patent, and from making, manufacturing,
developing, producing, supplying, selling, distributing, advertising, using and
offering for sale the 70985 Container or any other product which incorporates any
of Mid-Americas rights protected by the D072 patent.
145. This is an exceptional case that falls within the provisions of 35
U.S.C. 285 and accordingly Mid-America is entitled to an award of reasonable
attorneys fees.
COUNT X
INDIRECT INFRINGEMENT OF U.S. PATENT NO. D678,072
(VIOLATION OF 35 U.S.C. 101 AND 271)
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Pg ID 33

146. Mid-America repeats and re-alleges the allegations contained in

Paragraphs 1-145 above as if fully set forth herein.
147. Upon information and belief, Milacron knowingly and actively
induces others to infringe, and/or Milacron contributorily infringes claims of the
D072 patent under 35 U.S.C. 271(b) and/or 271(c).
148. Based upon information and belief, Milacron induces infringement by
designing products to have infringing capability, by providing customers with the
means to infringe, by instructing them how to infringe, and by providing support
services to its customers regarding installation, validation and maintenance of the
Accused Products. Milacron does so with knowledge of the D072 patent,
knowledge that its instructions and support services cause its customers to infringe
the D072 patent, and with the specific intent to cause infringement. As a nonlimiting example, upon information and belief, Meijer, Inc. is a customer of
Milacron for the Accused Products.
149. By their use of the Accused Products, Milacrons customers and end
users directly infringe claims of the D072 patent under 35 U.S.C. 271(a). As
stated above, upon information and belief, Meijer, Inc. is a customer of Milacron
for the Accused Products.

33
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Pg ID 34

150. Based on the facts alleged above, it is a reasonable inference that

Milacron knew that its Accused Products were especially made or adapted for use
to infringe the D072 patent.
151. It is reasonable to infer based on the facts set forth above in
Paragraphs 27-28 that Milacron knowingly and affirmatively intends to actively
induce and contribute to the infringement of the D072 patent under 35 U.S.C.
271(b) and/or 271(c). Mid-America asserts that this reasonable inference is true.
152. With knowledge of the D072 patent and knowledge that the acts it
induces constitute patent infringement, Milacron continues to induce infringement
of the D072 patent.
153. It is reasonable to infer based on the facts set forth in Paragraphs 2728 above, that Milacrons conduct has been willful, wanton, and deliberate. It is
also reasonable to infer that Milacrons actions have been objectively reckless
based on the facts set forth in Paragraphs 27-28 above. The actions of Milacron
with regard to infringement of the D072 patent are willful such that Mid-America
is entitled to treble damages under 35 U.S.C. 284.
154. Milacrons infringement of the D072 patent has been intentional and
willful, making this an exceptional case.

34
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Pg ID 35

155. Despite any statement to the contrary, and upon information and
belief, Milacron will continue to infringe the D072 patent unless enjoined by this
Court.
156. Mid-America has no adequate remedy at law. Unless enjoined by this
Court, Milacron will continue such acts of infringement, causing Mid-America to
incur substantial and irreparable damage.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully demands the entry of judgment
against the Defendant as follows:
A.

Milacron has infringed one or more of the Patents-in-Suit;

B.

Milacrons infringement of the Patents-in-Suit has been willful and

deliberate;

C.

Milacron and its officers, agents, representatives, employees and all

others in concert or participation with them, directly or indirectly, be
enjoined preliminarily and permanently from infringing, inducing
others to infringe and contributing to the infringement of the Patentsin-Suit;

D.

Plaintiff Mid-America be awarded damages adequate to compensate

for Milacrons infringement of the Patents-in-Suit together with prejudgment interest pursuant to 35 U.S.C. 284;

35
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E.

Pg ID 36

This is an exceptional case and award Mid-America its reasonable

costs, expenses, and reasonable attorneys fees, as well as treble
damages in this action in accordance with 35 U.S.C. 284 and 285;
and

F.

Plaintiff Mid-America be awarded such other and further relief as this

Court may deem just and proper.

JURY DEMAND
Plaintiff Mid-America hereby demands a trial by jury on all issues so triable.

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Dated: June 15, 2015

Pg ID 37

Respectfully submitted,
HONIGMAN MILLER SCHWARTZ AND COHN LLP
Attorneys for Plaintiff

By: /s/ J. Michael Huget

J. Michael Huget (P39150)
Eric Sosenko (P43544)
Sarah E. Waidelich (admitted in New York)
HONIGMAN MILLER SCHWARTZ AND COHN LLP
130 South First Street, Fourth Floor
Ann Arbor, MI 48104
(734) 418-4254
Fax: (734) 418-4255
[email protected]
[email protected]
[email protected]
Counsel for Plaintiff

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Pg ID 38

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN
MID-AMERICA MACHINING, INC.
a Michigan corporation,
Case No.

Plaintiff,
vs.

Hon.

MILACRON PLASTICS TECHNOLOGIES

GROUP LLC
a Delaware limited liability company,

DEMAND FOR JURY

TRIAL

Defendant.

INDEX OF EXHIBITS
EXHIBIT DESCRIPTION
A.

U.S. Patent 8,668,101

B.

U.S. Patent 8,535,599

C.

U.S. Patent 8,979,524

D.

U.S. Patent D678,774

E.

U.S Patent D678,072

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 1 of 14

EXHIBIT A

Pg ID 39

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 2 of 14

Pg ID 40

US008668101B2

(12) United States Patent

(10) Patent N0.:

(45) Date of Patent:

Lobbestael et a1.

(54)

METHOD AND APPARATUS FOR MAKING A

LIGHT WEIGHT CONTAINER

(75) Inventors: Peter Lobbestael, Manitou Beach, MI

See application ?le for complete search history.

(56)

D205,730 S *
3,708,082 A *

3,765,574 A

Brooklyn, M1 (U S)

4,805,793 A
D307,389 S

(65)

Prior Publication Data

US 2012/0241405 A1

Provisional application No. 61/466,588, ?led on Mar.

Int. Cl.

(2006.01)
(2006.01)
(2006.01)

US. Cl.
CPC .............. .. B65D 1/0223 (2013.01); B65D 1/02

(2013.01); B65D 2501/008] (2013.01)

USPC .......................... .. 215/382; 220/675; 220/669

(58)

5/1992
11/1998
5/2000

Dickinson ................... .. 264/531

215/384

Eiten ......... ..
220/669
Steinke ....................... .. 215/383

5/2001 Skolnickiet al.

3/2003 McCollum et al.
4/2003 Iwamoto et a1.
8/2003

McCollum et al. ......... .. 215/382

(Continued)
FOREIGN PATENT DOCUMENTS
GB
GB

2464386
2470316

9/2010
11/2010

Primary Examiner * Robert J Hicks

B65D 90/02
B65D 8/04
B65D 1/02

(52)

Larson ......................... .. D9/520

2/1992 Krall et al.

Sep. 27, 2012

23, 2011.

(51)

4/1990

9/1998 Bongiorno ..

2003/0155324 A1*

Related US. Application Data

(60)

Frazer ........................... .. 215/10

Cochran ..................... .. 215/385

5,112,561 A *

6,237,792 B1
6,527,133 B1
6,540,956 B1

Feb. 27, 2012

4/1977
2/1983

5,803,290 A *
5,833,115 A *
6,065,624 A *

(21) App1.No.: 13/405,495

Platte ........................... .. D9/531

Platte .......................... .. 215/385

2/1989 Brandt et al.

*

5,087,406 A

U.S.C. 154(b) by 0 days.

9/1966
1/1973

10/1973 UrquiZa

4,016,995 A *
4,372,455 A *

Subject to any disclaimer, the term of this

patent is extended or adjusted under 35

Filed:

References Cited
U.S. PATENT DOCUMENTS

(73) Assignee: Mid-America Machining, Inc.,

(22)

Mar. 11,2014

IPC ............................................. .. B65D 90/02,8/04

(US); A] Vanover, Adrian, MI (US);

Kevin D Gaydosh, Adrian, MI (US);
Gregory T Hall, Adrian, MI (US)

Notice:

US 8,668,101 B2

Field of Classi?cation Search

CPC ................. .. B65D 1/0223; B65D 1/02; B65D

2501/0081; B65D 2501/0009

USPC ............ .. 215/382, 40, 10, 379; 220/675, 669,

220/660; 206/509, 507, 505; D9/567, 520

(74) Attorney, Agent, or Firm * Young Basile Hanlon &

MacFarlane PC.

(57)

ABSTRACT

An improved lightweight container incorporates a thinner

wall structure in an essentially octagonal container having a
bottom member, a plurality of sidewalls, a spout, an upwardly

converging neck member coupling the sidewalls of the spout,

a handle molded into the container and a radiused transiting

section between the sidewalls and the spout which eliminates

weakened corner sections and improves overall strength to

weight ratios.
20 Claims, 7 Drawing Sheets

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 3 of 14

Pg ID 41

US 8,668,101 B2
Page 2
(56)

References Cited

2006/0260971 A1
2007/0221606 A1

US PATENT DOCUMENTS

2003/0234236 A1

12/2003 Michalowski

2004/0164048 Al*

8/2004

2006/0096942 A1

5/2006 Lane

2006/0255000 A1

2007/0235905 Al*

9/2007 Eiten et al.

10/2007 Trude et a1. ................. .. 264/523

2008/0217200 A1

9/2008 Eiten et a1.

?gfggig?gg 2}

13583? Sisal et a1~

Yourist ....................... .. 215/398

ll/2006 Quitana

11/2006 Rivera et a1.

0V

2011/0056903 A1

* cited by examiner

3/2011 Glover

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 4 of 14

U S. Patent

Mar. 11,2014

Sheet 1 017

Pg ID 42

US 8,668,101 B2

FIG. 1A

F I G. 1 D
PRIOR ART

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 5 of 14

U S Patent

Mar. 11,2014

Sheet 2 017

Pg ID 43

US 8,668,101 B2

104

1CFIG.
100

126

1FIG.1B" APRIOTR

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 6 of 14

US. Patent

Mar. 11,2014

Sheet 3 017

Pg ID 44

US 8,668,101 B2

F2AIG.

2BFIG.

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 7 of 14

US. Patent

Mar. 11,2014

Sheet 4 017

Pg ID 45

US 8,668,101 B2

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 8 of 14

US. Patent

Mar. 11, 2014

Sheet 5 017

Pg ID 46

US 8,668,101 B2

em

.mmQHm

I)
a.Ubw4m

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 9 of 14

US. Patent

Mar. 11,2014

Sheet 6 017

FIG. 3D

FIG. 4

Pg ID 47

US 8,668,101 B2

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 10 of 14

US. Patent

Mar. 11, 2014

Sheet 7 017

Pg ID 48

US 8,668,101 B2

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 11 of 14

Pg ID 49

US 8,668,101 B2
1

METHOD AND APPARATUS FOR MAKING A

LIGHT WEIGHT CONTAINER

tainer. By reducing the overall thickness of the container,

substantial savings in materials cost can be realiZed. NeWer

containers utiliZing these design methodologies have resulted

in reductions in material required for each container, and
corresponding reductions in material cost, of betWeen ?ve
and seven percent. Such reductions in the typical production

RELATED U.S. APPLICATION

This application claims the bene?t of US. Provisional

Application No. 61/466,588 ?led Mar. 23, 2011.

environment can result in substantial cost savings over time.

FIELD OF THE INVENTION

limitations. Particularly, as knoWn in the prior art, the manu

The existing containers, hoWever, suffer from important

facture of thin-Walled thermoplastic containers utiliZing the
bloW-molding techniques can create unacceptably thin Wall

The present invention relates to containers for storage of

liquids, granular materials and the like, and methods and

dimensions near the top and bottom of the containers, Where

the tops and bottoms of the containers join the side Walls.

apparatuses for forming the same. More particularly, the con

tainer of the present invention is a single piece bloW-molded
plastic container formed in a multi-sided con?guration With

Excessive thinning in these areas Weakens the overall con

BloW-molded plastic bottles are Well knoWn for use for

tainer and reduces its ability to Withstand the forces typically

imposed during the ?lling process. To insure that suf?cient
Wall thickness remains in these vital sections, the current
containers require a minimum of approximately ?fty-eight to
sixty grams in Weight. A need exists, therefore, for a container
design and method of manufacture, Which permits more even
distribution of thermoplastic material throughout the Wall of

holding a Wide variety of liquids such as milk, Water and juice.

the container, While alloWing signi?cant reductions in the

The same types of containers may be used for granular mate

rials. Containers of this type are manufactured in a variety of

amount of material required to produce the container.

modi?ed comer radii, utiliZing a smaller volume of raW mate

rial to obtain volumes and strength equivalent to the prior art.

DESCRIPTION OF THE RELATED ART
20

siZes, conventionally formed of a variety of thermoplastic

materials.
Typical of these containers are those disclosed in US. Pat.
No. 6,527,133, issued to McCollum et al.; US. Pat. No.
4,805,793, issued to Brandt et al.; and US. Pat. No. 6,237,
792, issued to Skolnicki et al.
Containers of this type are relatively thin-Walled, and are

generally square or rectangular in cross-section, feature a

molded handle, and typically have a ?nished Weight of over
60 grams. Such Weight of material is essential to maintaining
suf?cient strength for the container to Withstand the industrial
?lling process, in particular, the loads imposed for secure

25

SUMMARY OF THE INVENTION

In summary, a thin-Walled container in accordance With the

30

35

present invention is formed having sideWalls, a bottom, a top

having a neck, a handle, and a spout. The container has eight
sides, and a smoothly tapered radius betWeen the spout and
the sideWall. To form the container, specialiZed round tooling
is utiliZed in the die and its associated mandrel to achieve
more even distribution of the thermoplastic material during
the molding process. The resulting container displays a more
e?icient distribution of the materials along the sideWalls, top
and bottom of the container, typically at a Weight of ?fty-tWo

ment of a closure, such as a cap, lid or screW top to the spout

grams or less.

on the top of the container. FIGS. 1A, 1B, 1C and 1D shoW

It is an object of the present invention, therefore, to provide

a thin-Walled container having an extremely light Weight.

top, front, side and bottom vieWs, respectively of bloW

molded containers formed according to the prior art. The
typical prior art container is depicted in FIGS. 1A-1D incor
porates a top 102, a bottom 104 and spout 120. Top 102 and
bottom 104 are interconnected by sideWalls 106, and includes
a handle 122. In the prior art, a relatively acute transition
occurs at the top comer 130 of the top 102 of the container,

40

45

Where the top 102 joins the loWer circumference of the spout
120. Then, When the top 102 joins the sideWall 106, a second

radiused transition betWeen the spout and sideWall of the

container.
It is another object of the present invention to position the
handle of the container to improve venting of the interior of

the container during the pouring process.

It is another object of the present invention to provide a
system for manufacturing the same volume of container as

relative abrupt transition occurs at upper comer 124, gener

ating a comparatively sharp angle betWeen the top 1 02 and the

sideWall 106. Transitioning to the bottom section of the prior

Further, it is an object of the present invention to provide a

thin-Walled container having six or more sides and a specially

taught in the prior art, While maintaining the necessary struc

50

tural integrity of the container to Withstand the industrial

art container, a ?rst intermediate corner 126 creates a ?rst

?lling process.

transition betWeen the sideWall 106 and the bottom 128 of the
container. A bottom comer 128 completes the transition
betWeen the sideWall 106 and bottom 104. The combination

It is a further object of the present invention to provide and

improved container having the same volume and ?tting in the

of the corner transitions at intermediate comer 126 and bot

same standard case as taught in the prior art.

55

tom 128, coupled With the substantial distance betWeen inter

These, and other objects of the invention, Will be apparent

from the associated draWings and description.

mediate corners 126 and 128 demand a substantial distribu

tion of material to the bottom section of the container to

provide the necessary strength. The same problem is evident

at the top of the container 102, Where the top 102 of the

BRIEF DESCRIPTION OF THE DRAWINGS

60

multiple spaced apart transitions often result in excessively

thin Walls at the transitions, thereby Weakening the container.
More recently, containers have been created Which incor
porate ribs and other design features in the upper sideWalls of
the container to increase mechanical strength, Well at the
same time decreasing the Wall thickness of the ?nished con

FIG. 1A us a top vieW of a prior art container, constructed

according to the methods of the prior art.

container joins the sideWall 106 at upper comer 124. These

FIG. 1B is a front vieW of a prior art container, constructed

according to the methods of the prior art.

FIG. 1C is a side vieW of a prior art container, constructed
65

according to the methods of the prior art.

FIG. 1D is a bottom vieW of a prior art container, con

structed according to the methods of the prior art.

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 12 of 14

Pg ID 50

US 8,668,101 B2
4

3
FIG. 2A is a front view of a ?rst embodiment of the present
invention.
FIG. 2B is a side view of a ?rst embodiment of the present
invention.
FIG. 2C is a bottom view of a ?rst embodiment of the

Turning now to FIGS. 2A-2E, a ?rst embodiment of a

container formed according to the present invention is dis

closed. Container 10 consists of a top section 12, a bottom 14

and a plurality of sidewalls. Eight sidewalls alternate in

dimension, four being long sidewalls 16 and four being short

sidewalls 18. The top section 12 is con?gured with a spout 20
having an opening 21 by which material may be introduced

present invention.
FIG. 2D is an alternate bottom view of a current embodi

into the interior of the container 10. The container is molded

as a single piece, and includes a handle 22 which is hollow

ment of the present invention.

FIG. 2E is an additional bottom view of another variant of
a current embodiment of the present invention.
FIG. 3A is a front view of the present invention.
FIG. 3B is a side view of another embodiment of the

and permits liquid and air to pass inside it. Preferably, the

present invention.
FIG. 3C is a top view of another embodiment of the present
invention.
FIG. 3D is a bottom view of another embodiment of the

present invention.
FIG. 4 is a diagram showing a die and mandrel according to
an embodiment of the present invention.
FIG. 5 is a diagram showing a parison and a mold accord
ing to an embodiment of the present invention.
FIG. 6 is a top view of embodiments of the present inven
tion held in a standard dairy crate.

20

handle is con?gured adjacent to a short sidewall 18, so that

when the container is held for pouring, the center of mass is
concentrated along the axis which intersects both the handle
and the opposing short sidewall of the container.
In a ?rst embodiment, the height of the container 10 is
measured from the bottom of the container to the bottom of
the spout is approximately 9.231 inches, for a container hav
ing a volume of approximately 234 cubic inches, essentially a
one-gallon container. In this embodiment, a radius transition
24 is formed between the upper limit of the sidewalls 16, 18
and spout 20. Preferably, the radius R has a dimension of

approximately three inches, thereby providing a smooth tran

sition between the sidewalls 16, 18 and spout 20 of the con
tainer 10 in comparison to the prior art. This area of transition
25

may include one or more ribs 28 to provide additional

strength to the container. The container 10 is blow-molded,

and includes a single piece thin wall construction. The side

DESCRIPTION OF THE PREFERRED

EMBODIMENT

walls, when viewed from above, form a generally octagonal

The description which follows will be best appreciated by

reference to the accompanying drawings. Although the inven
tion is described in conjunction with the drawings, and a

con?guration as seen in top or bottom plan views. The con

tainer 10 includes a bottom 14 which is interconnected to the
sidewalls 16 and 18 and has a plurality of ribs 30. In one

plurality of preferred embodiments is described, it will be

example, the radius transition 24 in between the sidewalls 16,

appreciated that these descriptions are not intended to limit

18 and the spout 20 has a radius of approximately 3" and a

transition section length of about 2.5" in a container having an

30

the invention to those embodiments. The invention includes a

variety of alternatives, modi?cations and equivalents which

35

may be included within the spirit and scope of the invention as

A second embodiment of the invention as disclosed in

FIGS. 3A and 3B, which does not include the ribs 30 but does
include the same upper radius transition 24. Containers of

de?ned by the appended claims.

The invention will be better understood by a full apprecia
tion of the process of manufacture typically used in the art. A
conventional blow-molding machine includes a loading sta

overall height of approximately 10".

40

tion where pelletiZed thermoplastic material, such as polyeth

either con?guration may be formed with one or more volume

control inserts 32 molded into one or more sides of the con

tainer to adjust the total internal volume of the container 10.

ylene, may be introduced into a hopper or feed bin. The

Turning now to ?rst embodiment of the invention as shown

hopper, in turn, feeds the pelletiZed or granular thermoplastic

in FIGS. 2A-E, it will be appreciated that the top section 12 of

materials, which is at room temperature, to a heater/drive

system. Such a system typically includes a screw drive pro

45

vided with one or more heating mechanisms or elements

which gradually raise the temperature of the thermoplastic

material to approximately 3650 F. Once the material has

attained this temperature, the material lique?es and becomes

taffy-like in its consistency. The material is then introduced
into the mold through a die and mandrel combination,
whereby the thermoplastic material is evenly distributed in

50

the container 10 incorporates an upper radius transition of

radius R between the bottom of the spout 20 and the top of
sidewalls 16 and 18. The absence of the sharp transitions
between the bottom of the spout and the container top, and the
top of the sidewall in the container top results in increased
strength while allowing for even distribution of the thermo

plastic material, eliminating the sharp transitions of the prior

art. The inclusion of rib 28 imparts additional strength to this
vital section of the container.

the mold. The blob of thermoplastic material which forms as

Likewise, the intermediate comers 34 and bottom corners

it is extruded through the gauged opening between the die and

36 are positioned closer than the corresponding transition

mandrel is called a parison. Once the parison is formed the

55

mold is closed around the parison possibly imparting the

general shape of the interior of the mold onto the parison. This
aids in distributing the material of the parison evenly through
out the interior of the mold when the mold is pressurized. The

mold is then pressurized via the blow pin thereby forcing the
parison to expand throughout the interior of the walls of the

60

mold, and imparting to the material the ?nished shape of a

container. To facilitate the molding process, the mold walls
are cooled to approximately 300 to 400 E, to restore the

lique?ed thermoplastic material to solid state. Once the part

has formed, the mold is opened and the part is removed from
the mold.

corners in the prior art, resulting in a more even distribution of

the thermoplastic material at those critical locations. As

shown in FIGS. 2C-2E, a variety of methods may be adopted
for placement of strengthening ribs 30 on the bottom of the

65

container to impart a higher degree of rigidity, utiliZing a

thinner bottom wall section than required by the prior art. A
variety of planiforms may be selected as depicted in FIGS.
2C-2E, each of which forms the desired function of imparting
the necessary strength to the bottom of the container.
FIGS. 3A-3D show a second embodiment of the invention,
where the bottom 44 of the container 38 is provided with a

plurality of impressions 40, 42 which may facilitate stacking

of containers 38. FIGS. 3A, B, C and D show a ?rst side view,

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 13 of 14

Pg ID 51

US 8,668,101 B2
5

a second side vieW, a top vieW and a bottom vieW, respectively

a die gap 66 of betWeen about 0.001" and about 0.025" or

of an embodiment of the invention showing impressions 40,

more particularly about 0.006" produces a parison With the

desired shape and siZe When the appropriate amount of mate
rial is forced through the die/mandrel combination.
In addition to the shape due to the die angle 64 and die gap
66, as shoWn in FIG. 5, a parison can change shape When the

42 cast into the bottom 44 of container 38.

It Will be further appreciated that additional strength may

be obtained by multiplying the number of sideWalls as shoWn
in FIGS. 2C and 3C. In each of the embodiments therein

depicted, it Will be appreciated that the container has eight

sideWalls. The utilization of multiple sideWalls decreases the
angles betWeen the sideWalls, and the gentler radiuses therein

mold is closed. FIG. 5 shoWs a cross-sectional vieW of a

parison 70 With a holloW core 72 inside a mold cavity 74

incorporated alloWs for more even distribution of the thermo

to an embodiment of this invention. The parison 70 has elon

plastic material during the molding process. Embodiments of

this disclosure have sideWalls arranged as opposing pairs
Where the distance betWeen pairs of sideWalls is arranged so

mold halves 76, 78. Embodiments of this invention use the

formed by the tWo parts of a tWo-part mold 76, 78 according

gated and formed an elliptical shape folloWing closure of the

elliptical shape of the parison 70 in combination With

improved design of the mold cavity 74 to improve the quality

that tWo pairs of sideWalls are separated by a ?rst distance and

a third pair of sideWalls are separated by a second distance.
The ratio of the ?rst distance to the second distance is betWeen
about 1:1 to about 1:1.10, With the preferred ratio equal to
about 1:1.06.

A further advantage of incorporation of the upper radius

transition 24 is the improved pouring characteristics of the
container. In a prior art, the sharp transitions betWeen the top
of the container and the spout and the upper part of the handle
and the top of the container results in periodic dif?culty in
pouring from the container as liquid blocks movement of the
contents of the container aWay from the handle, causing the

of the ?nished container. By forming a container With an

elongated or diamond shape, shoWn in FIG. 5, the Walls of the
mold 88 can be kept at a substantially small similar distance

from the parison 70. Replacing comers With short sideWall

sections 80, 82, 84 and 86 and shaping the mold to mirror the
20

helps to avoid dented comers as the resulting container is

used, thereby enhancing its appearance. The elongated pari

25

30

the distance from the parison to the mold Wall 88 is substan

tially equal causes the parison 70 to mold to the interior shape
of the mold When the interior of the parison is pressuriZed.

Having the interior of the mold closely mirror the elongate

shape of the parison Will provide the strongest container for
the least amount of material by distributing the material

thereby mitigate splashing as liquid is pored from the con

tainer. It is also noted that the curved nature of the upper

evenly and thereby providing uniform Wall thickness. Typical

radius transition betWeen the sideWalls and the spout permits

the handle to be attached higher on the container proximate to
the spout and have a smaller hole betWeen the handle and the

son 70 ?ts the mold cavity 74 more closely than a mold cavity

having four symmetric sides. Shaping the interior of the mold

to form an elongated shape similar to the parison 70, Where

contents of the container to pour in spurts, rather than in a

continuous stream as air is admitted past the liquid. By utili

Zation of the extended upper radius transition of the present
invention, the contents of the container ?oW easily. In addi
tion, the handle section is designed to be holloW and alloW air
to escape during poring due to its proximity to the spout to

shape of the parison improves the structural rigidity of the

resulting bloW molded container While maintaining overall
container strength using less material. In addition, this design

35

gallon containers manufactured by bloW molding can use a

minimum of 58 grams of thermoplastic material to form

container, thereby improving the pouring characteristics as

successfully, With 61-64 grams being typical in manufactur

mentioned above and permitting the container to contain a

ing operations. Embodiments of this invention can manufac

ture gallon containers With desirable strength and appearance
using less than about 55 grams of thermoplastic materials, or
more preferably less than about 52 grams of thermoplastic
material.

greater volume of material.

Improved characteristics of containers produced according

40

to embodiments of this invention are due at least in part to

improvements to the equipment used to produce the contain

ers, in particular the die and mandrel combination and the
shape and siZe of the mold. FIG. 4 shoWs a cross-sectional
vieW of an extrusion mechanism 50 according to an embodi
ment of this invention. This extrusion mechanism 50 operates
as part of a bloW molding machine, Where the extrusion
mechanism 50 positions a circular mandrel 54 having an air

FIG. 6 shoWs a top vieW of embodiments of this invention

held in a standard dairy crate. Dairy crates are cases con
45

tainers or contents. Dairy crates are manufactured in standard

passage 56 in a circular die 60 so that a predetermined die gap

66 exists betWeen the mandrel 54 and the die 60 a predeter

structed to hold multiple containers so that dairy crates With

full containers may be stacked Without damage to the con

50

con?gurations and it is an advantage of embodiments of this

invention that these embodiments ?t in a standard dairy crate.
As shoWn in FIG. 6, a standard 4-gallon dairy crate 51 holds

mined die angle 64. Thermoplastic material is forced into the

four 1-gallon containers 52 made in accordance With embodi

extrusion mechanism 50 in the direction indicated by arroW

A, ?oWs around the mandrel 54 and through the die gap 66
to form a parison. A parison is typically a holloW tube or bulb
of semi-molten material Which extends past the mandrel into
the volume Which Will be the cavity of the mold. Once the

ments of this invention.

The above-described embodiments have been described in
55

desired parison is created, the mold (not shoWn) closes

around the parison so that air can be introduced into the air

passage 56 to in?ate the parison to ?ll the enclosing mold. The

siZe and shape of the die angle 64 and die gap 66 With respect

60

to the mandrel 54 can determine the exact proportions of the

parison. In this case the die 60 and mandrel 54 are both

Die angles 64 can range from 0 to 30 or more particularly

tation so as to encompass all such modi?cations and equiva

lent structure as is permitted under the laW.

What is claimed is:

1. A bloW-molded container comprising:
a bottom member;

circular. The ?rst parameter is the die angle 64 Which mea

sures the angle of the die 60 With respect to the mandrel 54.

about 15-18. Using a die angle 64 ofless than 30 alloWs the

die gap 66 to be smaller. In the case of one gallon containers,

order to alloW easy understanding of the present invention and

do not limit the present invention. On the contrary, the inven
tion is intended to cover various modi?cations and equivalent
arrangements included Within the scope of the appended
claims, Which scope is to be accorded the broadest interpre

65

a plurality of sideWalls including a ?rst pair of opposing

parallel sideWalls having a ?rst Width, a second pair of
opposing parallel sideWalls having the ?rst Width, a third

2:15-cv-12168-MAG-EAS Doc # 1-2 Filed 06/15/15 Pg 14 of 14

Pg ID 52

US 8,668,101 B2
8

7
pair of opposing parallel sidewalls having a second
Width and a fourth pair of opposing parallel sideWalls

12. The bloW-molded container of claim 10, Wherein the

curved transition is adjacent to one of the sideWalls from the

having a third Width;

?rst pair of opposing parallel sideWalls, one of the sideWalls

a spout for receiving a closure cap;

a handle section proximate to the spout;

and one of the sideWalls from the fourth pair of opposing

a sideWall upper limit de?ned by one or more sideWalls

parallel sideWalls.

from the second pair of pair of opposing parallel sideWalls,

from the plurality of sideWalls; and

13. The bloW-molded container of claim 10, Wherein the

a curved transition that is formed betWeen the sideWall

?rst pair of opposing parallel sideWalls are spaced by a ?rst

distance, the second pair of opposing parallel sideWalls are

upper limit and the spout, Wherein the curved transition

de?nes a curvature that extends continuously from the
sideWall upper limit to the spout to provide a smooth
transition betWeen the sideWall upper limit and the

spaced by the ?rst distance, the third pair of opposing parallel

sideWalls are spaced by a second distance, and the fourth pair
of opposing parallel sideWalls are spaced by a third distance.
14. The bloW-molded container of claim 1, Wherein the ?rst
pair of opposing parallel sideWalls are spaced by a ?rst dis
tance, the second pair of opposing parallel sideWalls are

spout.
2. The container of claim 1 further comprising said con
tainer having a Weight of less than about 55 grams for a one

gallon container.

spaced by the ?rst distance, the third pair of opposing parallel

3. The container of claim 1 further comprising said con

tainer having substantially uniform Wall thickness.

4. The container of claim 1 further comprising a plurality of
ribs molded into said curved transition.
5. The container of claim 1 further comprising a plurality of
ribs molded into said bottom member.

20

a bottom member;

a plurality of sideWalls including a ?rst pair of opposing

parallel sideWalls having a ?rst Width, a second pair of
opposing parallel sideWalls having the ?rst Width, a third

6. The container of claim 1 further comprising a recess

formed in said bottom member to facilitate stacking of the

container With respect to an additional container.

25

7. The container of claim 1 further comprising a shape

Which ?ts in a standard dairy crate.
8. A bloW-molded container comprising:

Cap;
30

plurality of long sideWalls being substantially planar, the

plurality of long sidewalls including a ?rst pair of oppos
ing parallel sideWalls that is spaced apart by a ?rst
dimension, and a second pair of opposing parallel side
Walls that is spaced apart by the ?rst dimension;

pair of opposing parallel sideWalls having a second

Width and a fourth pair of opposing parallel sideWalls
having a third Width;
a spout portion con?gured for engagement With a closure

a bottom member;

a plurality of long sideWalls, each long sideWall of the

sideWalls are spaced by a second distance, and the fourth pair

of opposing parallel sideWalls are spaced by a third distance.
15. A bloW-molded container comprising:

a handle section proximate to the spout portion; and

a curved transition that is formed betWeen one or more

sideWalls from the plurality of sideWalls and the spout,

35

Wherein the curved transition de?nes a curvature that

extends from the one or more sideWalls from the plural

a plurality of short sideWalls, each short sideWall of the

ity of sideWalls to the spout to provide a smooth transi

plurality of short sideWalls being substantially planar,

tion betWeen the one or more sideWalls from the plural

ity of sideWalls and the spout.

the plurality of short sideWalls including a third pair of

opposing parallel short sideWalls spaced apart by a sec
ond dimension that is different than the ?rst dimension

40

and a fourth pair of opposing parallel short sideWalls

spaced apart by a third dimension that is different than
the ?rst dimension and the second dimension;
a spout for receiving a closure cap;
a handle section proximate to the spout;

16. The bloW-molded container of claim 15, Wherein the

?rst Width is larger than the second Width and the second
Width is larger than the third Width.
17. The bloW-molded container of claim 16 Wherein the
handle section is adjacent to one of the sideWalls from the

third pair of opposing parallel sideWalls.

45

a sideWall upper limit de?ned by one or more long side

18. The bloW-molded container of claim 16, Wherein the

curved transition is adjacent to one of the sideWalls from the

Walls from the plurality of long sideWalls and one or

more short sideWalls from the plurality of short side

?rst pair of opposing parallel sideWalls, one of the sideWalls

Walls; and

and one of the sideWalls from the fourth pair of opposing

from the second pair of pair of opposing parallel sideWalls,

a curved transition that is formed betWeen the sideWall

parallel sideWalls.

upper limit and the spout, Wherein the curved transition

de?nes a curvature that extends continuously from the
sideWall upper limit to the spout to provide a smooth
transition betWeen the sideWall upper limit and the

spout.
9. The bloW-molded container of claim 8 Wherein the
handle section is adjacent to one of the short sideWalls from

the third pair of opposing parallel short sideWalls.

10. The bloW-molded container of claim 1, Wherein the ?rst
Width is larger than the second Width and the second Width is
larger than the third Width.
11. The bloW-molded container of claim 10 Wherein the
handle section is adjacent to one of the sideWalls from the

third pair of opposing parallel sideWalls.

19. The bloW-molded container of claim 16, Wherein the

?rst pair of opposing parallel sideWalls are spaced by a ?rst

distance, the second pair of opposing parallel sideWalls are
55

spaced by the ?rst distance, the third pair of opposing parallel

sideWalls are spaced by a second distance, and the fourth pair
of opposing parallel sideWalls are spaced by a third distance.
20. The bloW-molded container of claim 15, Wherein the
?rst pair of opposing parallel sideWalls are spaced by a ?rst
distance, the second pair of opposing parallel sideWalls are

spaced by the ?rst distance, the third pair of opposing parallel

sideWalls are spaced by a second distance, and the fourth pair
of opposing parallel sideWalls are spaced by a third distance.
*

2:15-cv-12168-MAG-EAS Doc # 1-3 Filed 06/15/15 Pg 1 of 16

EXHIBIT B

Pg ID 53

2:15-cv-12168-MAG-EAS Doc # 1-3 Filed 06/15/15 Pg 2 of 16

Pg ID 54

US008535599B1

(12) Ulllted States Patent

(10) Patent N0.:

Lobbestael et a].
(54)

(45) Date of Patent:

METHOD AND APPARATUS FOR MAKINGA

LIGHT WEIGHT CONTAINER

4,016,995 A
4,372,455 A

5,087,406 A

(71) Appl1cantszPeter Lobbestael, Mamtou Beach, M1

(Us); Al Vanover, Adrlan, MI (US);
Kevin D Gaydosh, Adrian, MI (US);

5,112,561 A
5,803,290 A
5,833,115 A

Gregory T Hall Adrian MI (Us)

2/1992

5/2000 Ste1nk_e _

5/2001 Sk0ln1ck1 et a1.

6,527,133 B1

3/2003 M C 11

6,540,956 B1

Ass1gnee. Mld Amerlca Machlnlng, Inc.,

Brooklyn, MI (US)

2003/0155324 A1
2003/0234236 A1

8/2003 McCollum et a1.

12/2003 Michalowski
8/2004 Yourist

2004/0164048 A1

(*)

Notice:

Subject to any disclaimer, the term of this

2006/0255000

5/2006 Lane

A1

11/2006

20060260971 Al
2007/0221606 A1

(21)

Appl. N0.: 13/646,937

Oct. 8,

Quitana

110006 Rivera et 31
9/2007 Eiten et a1.

2007/0235905 A1

10/2007 Trude et a1.

2008/0217200 A1

9/2008 Eiten et a1.

2011/0056903 A1

3/2011 Glover

2012/0241405 A1 *

9/2012

patent is extended or adjusted under 35

USC 1546) by 0 days

t l.

400% M30332?

2006/0096942 A1
_

(73)

Krall et a1. .................. .. 264/512

5/l992 Dickinson
9/1998 Bongiorno
11/1998 Eiten

6,237,792 B1

(Us);AlVaI10Ver,Adr1?1I1,M1(US);
Kevin D Gaydosh, Adr1an, MI (US);
Gregory T Hall, Adrian, MI (Us)

2/1989 Brandt et a1.

*

6,065,624 A

(72) Inventors: Peter L0bbestael,Man1tou Beach, M1

Sep. 17, 2013

4/1977 Frazer
2/1983 Cochran

4,805,793 A
.

US 8,535,599 B1

glisakl et a1~
L bb

l tal. ........... .. 215/10

es ae e

FOREIGN PATENT DOCUMENTS

2464386
9/2010

GB
GB

Related US. Application Data

OV

2470316
_

ll/20l0

* c1ted by exammer

(63)

Continuation of application No. 13/405,495, ?led on

Feb. 27, 2012.
_

_
_

(60) Prov1s1onal appl1cat1on No. 61/466,588, ?led on Mar.

23> 2011-

Int. Cl.
B29C 49/04

(52)

US. C].

(58)

(56)

(2006.01)

USPC

(74) Attorney) Agent) or Firm iyoung Basile Hanlon &

(57)

264/540 264/523

""""" "_' """ "_ """"""""""" "

Fleld of Classl?catlon Search

None

MacFarlane PC.

(51)

Primary Exammer * Mon1ca Huson

See apphcanon ?le for Complete Search hlstory'

References Cited

1/1973 Platte

10/1973 UrquiZa

t -

1mprove .1gh We1gh con a1ner 1ncorporaes a

converging neck member coupling the sideWalls of the spout,

17 Claims, 9 Drawing Sheets

66
,4

/-:""//:i
64

'nner

a handle molded into the container and a radiused transiting

section betWeen the sideWalls and the spout Which eliminates
Weakened corner sections and improves overall strength to

5g

thi

Wall structure 1n an essent1ally octagonal conta1ner havmg a

Weight ratios.

U.S. PATENT DOCUMENTS

3,765,574 A

d 1-

bottom member, a plurality of sideWalls, a spout, anupWardly

3,708,082 A

ABSTRACT

An -

2 v

56

60

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FIG. 1A
PRIOR ART

FIG. 1D

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N2

3:

@NH

.m:Ubw 5 Mb?095
E:

@NH

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vm/

.m-NUbw

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FIG. 3D

FIG. 4

555i

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1

METHOD AND APPARATUS FOR MAKING A

LIGHT WEIGHT CONTAINER

the container to increase mechanical strength, Well at the

same time decreasing the Wall thickness of the ?nished con

tainer. By reducing the overall thickness of the container,

substantial savings in materials cost can be realiZed. NeWer

RELATED U.S. APPLICATION

containers utiliZing these design methodologies have resulted

This application is a continuation of US. patent applica
tion Ser. No. 13/405,495 ?led Feb. 27, 2012, Which claims the
bene?t ofU.S. Provisional Application No. 61/466,588 ?led
Mar. 23, 2011.

environment can result in substantial cost savings over time.

FIELD OF THE INVENTION

limitations. Particularly, as knoWn in the prior art, the manu

in reductions in material required for each container, and

corresponding reductions in material cost, of betWeen ?ve
and seven percent. Such reductions in the typical production

The existing containers, hoWever, suffer from important

facture of thin-Walled thermoplastic containers utiliZing the
bloW-molding techniques can create unacceptably thin Wall

The present invention relates to containers for storage of

liquids, granular materials and the like, and methods and

dimensions near the top and bottom of the containers, Where

the tops and bottoms of the containers join the side Walls.

apparatuses for forming the same. More particularly, the con

tainer of the present invention is a single piece bloW-molded
plastic container formed in a multi-sided con?guration With

Excessive thinning in these areas Weakens the overall con

modi?ed comer radii, utiliZing a smaller volume of raW mate

rial to obtain volumes and strength equivalent to the prior art.

20

DESCRIPTION OF THE RELATED ART

BloW-molded plastic bottles are Well knoWn for use for

holding a Wide variety of liquids such as milk, Water and juice.

The same types of containers may be used for granular mate
rials. Containers of this type are manufactured in a variety of

the container, While alloWing signi?cant reductions in the

25

siZes, conventionally formed of a variety of thermoplastic

materials.
Typical of these containers are those disclosed in US. Pat.
No. 6,527,133, issued to McCollum et al.; US. Pat. No.
4,805,793, issued to Brandt et al.; and US. Pat. No. 6,237,
792, issued to Skolnicki et al.
Containers of this type are relatively thin-Walled, and are
generally square or rectangular in cross-section, feature a
molded handle, and typically have a ?nished Weight of over
60 grams. Such Weight of material is essential to maintaining
suf?cient strength for the container to Withstand the industrial

amount of material required to produce the container.

SUMMARY OF THE INVENTION
In summary, a thin-Walled container in accordance With the

30

present invention is formed having sideWalls, a bottom, a top

having a neck, a handle, and a spout. The container has eight

sides, and a smoothly tapered radius betWeen the spout and

the sideWall. To form the container, specialiZed round tooling
35

is utiliZed in the die and its associated mandrel to achieve

more even distribution of the thermoplastic material during
the molding process. The resulting container displays a more

e?icient distribution of the materials along the sideWalls, top

and bottom of the container, typically at a Weight of ?fty-tWo

?lling process, in particular, the loads imposed for secure

ment of a closure, such as a cap, lid or screW top to the spout

on the top of the container. FIGS. 1A, 1B, 1C and 1D shoW

tainer and reduces its ability to Withstand the forces typically

imposed during the ?lling process. To insure that suf?cient
Wall thickness remains in these vital sections, the current
containers require a minimum of approximately ?fty-eight to
sixty grams in Weight. A need exists, therefore, for a container
design and method of manufacture, Which permits more even
distribution of thermoplastic material throughout the Wall of

grams or less.

top, front, side and bottom vieWs, respectively of bloW

It is an object of the present invention, therefore, to provide

a thin-Walled container having an extremely light Weight.

molded containers formed according to the prior art. The

typical prior art container is depicted in FIGS. 1A-1D incor
porates a top 102, a bottom 104 and spout 120. Top 102 and
bottom 104 are interconnected by sideWalls 106, and includes

thin-Walled container having six or more sides and a specially

40

Further, it is an object of the present invention to provide a

45

a handle 122. In the prior art, a relatively acute transition

occurs at the top comer 130 of the top 102 of the container,

Where the top 102 joins the loWer circumference of the spout
120. Then, When the top 102 joins the sideWall 106, a second
relative abrupt transition occurs at upper comer 124, gener

radiused transition betWeen the spout and sideWall of the

container.
It is another object of the present invention to position the
handle of the container to improve venting of the interior of

the container during the pouring process.

50

It is another object of the present invention to provide a

system for manufacturing the same volume of container as

ating a comparatively sharp angle betWeen the top 1 02 and the

sideWall 106. Transitioning to the bottom section of the prior

tural integrity of the container to Withstand the industrial

art container, a ?rst intermediate corner 126 creates a ?rst

?lling process.

transition betWeen the sideWall 106 and the bottom 128 of the
container. A bottom comer 128 completes the transition
betWeen the sideWall 106 and bottom 104. The combination

taught in the prior art, While maintaining the necessary struc

55

It is a further object of the present invention to provide and

improved container having the same volume and ?tting in the
same standard case as taught in the prior art.

of the corner transitions at intermediate comer 126 and bot

These, and other objects of the invention, Will be apparent

from the associated draWings and description.

tom 128, coupled With the substantial distance betWeen inter

mediate corners 126 and 128 demand a substantial distribu

tion of material to the bottom section of the container to

60

provide the necessary strength. The same problem is evident

at the top of the container 102, Where the top 102 of the

FIG. 1A us a top vieW of a prior art container, constructed

according to the methods of the prior art.

container joins the sideWall 106 at upper comer 124. These

multiple spaced apart transitions often result in excessively

thin Walls at the transitions, thereby Weakening the container.
More recently, containers have been created Which incor
porate ribs and other design features in the upper sideWalls of

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1B is a front vieW of a prior art container, constructed

65

according to the methods of the prior art.

FIG. 1C is a side vieW of a prior art container, constructed

according to the methods of the prior art.

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parison to expand throughout the interior of the Walls of the

mold, and imparting to the material the ?nished shape of a
container. To facilitate the molding process, the mold Walls

FIG. 1D is a bottom vieW of a prior art container, con

structed according to the methods of the prior art.

FIG. 2A is a front vieW of a ?rst embodiment of the present
invention.
FIG. 2B is a side vieW of a ?rst embodiment of the present
invention.

are cooled to approximately 30 to 400 E, to restore the

lique?ed thermoplastic material to solid state. Once the part

has formed, the mold is opened and the part is removed from
the mold.

FIG. 2C is a bottom vieW of a ?rst embodiment of the

Turning noW to FIGS. 2A-2E, a ?rst embodiment of a

present invention.

container formed according to the present invention is dis

FIG. 2D is an alternate bottom vieW of a current embodi

closed. Container 10 consists of a top section 12, a bottom 14

ment of the present invention.

FIG. 2E is an additional bottom vieW of another variant of
a current embodiment of the present invention.
FIG. 3A is a front vieW of the present invention.
FIG. 3B is a side vieW of another embodiment of the

and a plurality of sideWalls. Eight sideWalls alternate in

dimension, four being long sideWalls 16 and four being short

sideWalls 18. The top section 12 is con?gured With a spout 20
having an opening 21 by Which material may be introduced
into the interior of the container 10. The container is molded
as a single piece, and includes a handle 22 Which is holloW

present invention.
FIG. 3C is a top vieW of another embodiment of the present
invention.
FIG. 3D is a bottom vieW of another embodiment of the

and permits liquid and air to pass inside it. Preferably, the

present invention.
FIG. 4 is a diagram showing a die and mandrel according to
an embodiment of the present invention.
FIG. 5 is a diagram shoWing a parison and a mold accord
ing to an embodiment of the present invention.
FIG. 6 is a top vieW of embodiments of the present inven
tion held in a standard dairy crate.
FIG. 7A is a top vieW of an embodiment of the present

20

25

invention;
FIG. 7B is a side vieW of an embodiment of the present

handle is con?gured adjacent to a short sideWall 18, so that

When the container is held for pouring, the center of mass is
concentrated along the axis Which intersects both the handle
and the opposing short sideWall of the container.
In a ?rst embodiment, the height of the container 10 is
measured from the bottom of the container to the bottom of
the spout is approximately 9.231 inches, for a container hav
ing a volume of approximately 234 cubic inches, essentially a
one-gallon container. In this embodiment, a radius transition
24 is formed betWeen the upper limit of the sideWalls 16, 18
and spout 20. Preferably, the radius R has a dimension of

approximately three inches, thereby providing a smooth tran

invention;
FIG. 7C is a side vieW of an embodiment of the present

30

invention;

sition betWeen the sideWalls 16, 18 and spout 20 of the con

tainer 10 in comparison to the prior art. This area of transition
may include one or more ribs 28 to provide additional

strength to the container. The container 10 is bloW-molded,

and includes a single piece thin Wall construction. The side

DESCRIPTION OF THE PREFERRED

EMBODIMENT
35

The description Which folloWs Will be best appreciated by

reference to the accompanying draWings. Although the inven

con?guration as seen in top or bottom plan vieWs. The con

tainer 10 includes a bottom 14 Which is interconnected to the
sideWalls 16 and 18 and has a plurality of ribs 30. In one

tion is described in conjunction With the draWings, and a

plurality of preferred embodiments is described, it Will be

appreciated that these descriptions are not intended to limit

Walls, When vieWed from above, form a generally octagonal

example, the radius transition 24 in betWeen the sideWalls 16,

the invention to those embodiments. The invention includes a

18 and the spout 20 has a radius of approximately 3" and a

transition section length of about 2.5" in a container having an

variety of alternatives, modi?cations and equivalents Which

overall height of approximately 10".

may be included Within the spirit and scope of the invention as

A second embodiment of the invention as disclosed in

FIGS. 3A and 3B, Which does not include the ribs 30 but does
include the same upper radius transition 24. Containers of

40

de?ned by the appended claims.

The invention Will be better understood by a full apprecia
tion of the process of manufacture typically used in the art. A
conventional bloW-molding machine includes a loading sta

45

either con?guration may be formed With one or more volume

control inserts 32 molded into one or more sides of the con

tion Where pelletiZed thermoplastic material, such as polyeth

tainer to adjust the total internal volume of the container 10.

ylene, may be introduced into a hopper or feed bin. The

hopper, in turn, feeds the pelletiZed or granular thermoplastic

Turning noW to ?rst embodiment of the invention as shoWn

50

materials, Which is at room temperature, to a heater/drive

system. Such a system typically includes a screW drive pro
vided With one or more heating mechanisms or elements

Which gradually raise the temperature of the thermoplastic

material to approximately 365 F. Once the material has

55

attained this temperature, the material lique?es and becomes

taffy-like in its consistency. The material is then introduced
into the mold through a die and mandrel combination,

the container 10 incorporates an upper radius transition of

radius R betWeen the bottom of the spout 20 and the top of
sideWalls 16 and 18. The absence of the sharp transitions
betWeen the bottom of the spout and the container top, and the
top of the sideWall in the container top results in increased
strength While alloWing for even distribution of the thermo

plastic material, eliminating the sharp transitions of the prior

art. The inclusion of rib 28 imparts additional strength to this
vital section of the container.

Whereby the thermoplastic material is evenly distributed in

the mold. The blob of thermoplastic material Which forms as

in FIGS. 2A-E, it Will be appreciated that the top section 12 of

60

it is extruded through the gauged opening betWeen the die and

Likewise, the intermediate comers 34 and bottom corners

36 are positioned closer than the corresponding transition

mandrel is called a parison. Once the parison is formed the

corners in the prior art, resulting in a more even distribution of

mold is closed around the parison possibly imparting the

general shape of the interior of the mold onto the parison. This
aids in distributing the material of the parison evenly through

the thermoplastic material at those critical locations. As

shoWn in FIGS. 2C-2E, a variety of methods may be adopted
for placement of strengthening ribs 30 on the bottom of the

out the interior of the mold When the mold is pressurized. The

mold is then pressurized via the bloW pin thereby forcing the

65

container to impart a higher degree of rigidity, utiliZing a

thinner bottom Wall section than required by the prior art. A

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US 8,535,599 B1
5

variety of planiforms may be selected as depicted in FIGS.

2C-2E, each of Which forms the desired function of imparting
the necessary strength to the bottom of the container.

to the mandrel 54 can determine the exact proportions of the

parison. In this case the die 60 and mandrel 54 are both
circular. The ?rst parameter is the die angle 64 Which mea
sures the angle of the die 60 With respect to the mandrel 54.
Die angles 64 can range from 0 to 30 or more particularly
about 15-18. Using a die angle 64 ofless than 30 alloWs the
die gap 66 to be smaller. In the case of one gallon containers,
a die gap 66 of betWeen about 0.001" and about 0.025" or

FIGS. 3A-3D shoW a second embodiment of the invention,

Where the bottom 44 of the container 38 is provided With a

plurality of impressions 40, 42 Which may facilitate stacking

of containers 38. FIGS. 3A, B, C and D shoW a ?rst side vieW,
a second side vieW, a top vieW and a bottom vieW, respectively
of an embodiment of the invention showing impressions 40,
42 cast into the bottom 44 of container 38.

more particularly about 0.006" produces a parison With the

desired shape and siZe When the appropriate amount of mate
rial is forced through the die/mandrel combination.
In addition to the shape due to the die angle 64 and die gap
66, as shoWn in FIG. 5, a parison can change shape When the

It Will be further appreciated that additional strength may

be obtained by multiplying the number of sideWalls as shoWn
in FIGS. 2C and 3C. In each of the embodiments therein

depicted, it Will be appreciated that the container has eight

sideWalls. The utiliZation of multiple sideWalls decreases the
angles betWeen the sideWalls, and the gentler radiuses therein

mold is closed. FIG. 5 shoWs a cross-sectional vieW of a

parison 70 With a holloW core 72 inside a mold cavity 74

incorporated alloWs for more even distribution of the thermo

to an embodiment of this invention. The parison 70 has elon

plastic material during the molding process. Embodiments of

this disclosure have sideWalls arranged as opposing pairs
Where the distance betWeen pairs of sideWalls is arranged so

mold halves 76, 78. Embodiments of this invention use the

that tWo pairs of sideWalls are separated by a ?rst distance and

a third pair of sideWalls are separated by a second distance.
The ratio of the ?rst distance to the second distance is betWeen
about 1:1 to about 1:1.10, With the preferred ratio equal to
about 11106.

A further advantage of incorporation of the upper radius

transition 24 is the improved pouring characteristics of the
container. In a prior art, the sharp transitions betWeen the top
of the container and the spout and the upper part of the handle
and the top of the container results in periodic dif?culty in
pouring from the container as liquid blocks movement of the
contents of the container aWay from the handle, causing the

formed by the tWo parts of a tWo-part mold 76, 78 according

gated and formed an elliptical shape folloWing closure of the

20

of the ?nished container. By forming a container With an

elongated or diamond shape, shoWn in FIG. 5, the Walls of the
mold 88 can be kept at a substantially small similar distance
25

30

helps to avoid dented comers as the resulting container is

used, thereby enhancing its appearance. The elongated pari

son 70 ?ts the mold cavity 74 more closely than a mold cavity

having four symmetric sides. Shaping the interior of the mold

to form an elongated shape similar to the parison 70, Where
35

thereby mitigate splashing as liquid is poured from the con

tainer. It is also noted that the curved nature of the upper

from the parison 70. Replacing comers With short sideWall

sections 80, 82, 84 and 86 and shaping the mold to mirror the

shape of the parison improves the structural rigidity of the

resulting bloW molded container While maintaining overall
container strength using less material. In addition, this design

contents of the container to pour in spurts, rather than in a

continuous stream as air is admitted past the liquid. By utili

Zation of the extended upper radius transition of the present
invention, the contents of the container ?oW easily. In addi
tion, the handle section is designed to be holloW and alloW air
to escape during poring due to its proximity to the spout to

elliptical shape of the parison 70 in combination With

improved design of the mold cavity 74 to improve the quality

40

the distance from the parison to the mold Wall 88 is substan

tially equal causes the parison 70 to mold to the interior shape
of the mold When the interior of the parison is pressurized.

Having the interior of the mold closely mirror the elongate

shape of the parison Will provide the strongest container for
the least amount of material by distributing the material

radius transition betWeen the sideWalls and the spout permits

evenly and thereby providing uniform Wall thickness. Typical

the handle to be attached higher on the container proximate to

the spout and have a smaller hole betWeen the handle and the

gallon containers manufactured by bloW molding can use a

minimum of 58 grams of thermoplastic material to form

successfully, With 61-64 grams being typical in manufactur

container, thereby improving the pouring characteristics as

mentioned above and permitting the container to contain a

45

greater volume of material.

Improved characteristics of containers produced according

to embodiments of this invention are due at least in part to

improvements to the equipment used to produce the contain

ers, in particular the die and mandrel combination and the
shape and siZe of the mold. FIG. 4 shoWs a cross-sectional
vieW of an extrusion mechanism 50 according to an embodi
ment of this invention. This extrusion mechanism 50 operates
as part of a bloW molding machine, Where the extrusion
mechanism 50 positions a circular mandrel 54 having an air

50

ing operations. Embodiments of this invention can manufac

ture gallon containers With desirable strength and appearance
using less than about 55 grams of thermoplastic materials, or
more preferably less than about 52 grams of thermoplastic
material.
FIG. 6 shoWs a top vieW of embodiments of this invention
held in a standard dairy crate. Dairy crates are cases con

structed to hold multiple containers so that dairy crates With

full containers may be stacked Without damage to the con
tainers or contents. Dairy crates are manufactured in standard
55

passage 56 in a circular die 60 so that a predetermined die gap

66 exists betWeen the mandrel 54 and the die 60 a predeter

con?gurations and it is an advantage of embodiments of this

invention that these embodiments ?t in a standard dairy crate.
As shoWn in FIG. 6, a standard 4-gallon dairy crate 51 holds

mined die angle 64. Thermoplastic material is forced into the

four 1-gallon containers 52 made in accordance With embodi

extrusion mechanism 50 in the direction indicated by arroW

A, ?oWs around the mandrel 54 and through the die gap 66
to form a parison. A parison is typically a holloW tube or bulb
of semi-molten material Which extends past the mandrel into
the volume Which Will be the cavity of the mold. Once the

ments of this invention.

FIG. 7A shoWs a top vieW an embodiment of this invention

60

With the 6"><6" footprint of the container indicated. FIGS. 7B

desired parison is created, the mold (not shoWn) closes

around the parison so that air can be introduced into the air

passage 56 to in?ate the parison to ?ll the enclosing mold. The

siZe and shape of the die angle 64 and die gap 66 With respect

65

and 7C shoW side vieWs of an embodiment of this invention

shoWing hoW the container can ?t in a space With height
10.040". As can be seen from FIGS. 7A, 7B and 7C, contain
ers constructed according to disclosed embodiments can ?t in
a 6"><6"><10.040" cube. Fill percentage is the percentage ofthe
volume of a minimal enclosing cube that is contained Within

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US 8,535,599 B1
7

the container. Disclosed embodiments have a ?ll percentage

greater than about 60%. More particularly, containers con
structed according to disclosed embodiments ?ll about 64.7%
of the 6"><6"><l0.040" cube required to hold a container. Dis
closed embodiments provide a ?ll percentage in excess of
60%, Which permits more material to be stored in containers
in a given volume While maintaining ease of use features such
as handle placement.
The above-described embodiments have been described in

9. A method for forming a bloW molded container, said

container having a length dimension and a Width dimension

less than said length dimension, the method comprising:

providing a split mold having an internal cavity having said
5

order to alloW easy understanding of the present invention and

do not limit the present invention. On the contrary, the inven
tion is intended to cover various modi?cations and equivalent
arrangements included Within the scope of the appended
claims, Which scope is to be accorded the broadest interpre

spacing said mandrel from said die to create an annular

aperture betWeen said die and said mandrel With a spac

ing of about 0.006 inches or less, having an angle of

about 150-18o in relation to said axis;

tation so as to encompass all such modi?cations and equiva

lent structure as is permitted under the laW.

extruding heated thermoplastic material through said aper

What is claimed is:

1. A method for forming a bloW-molded container com

prising:

20

approximately ten inches;

a die having an annular opening;
a holloW mandrel positioned Within the die annular
opening so the opening betWeen the die annular open
ing and the mandrel has a gap of about 0.006 inches
and an angle ofabout l5-l8;

surfaces of said mold;

in?ating said parison via said bloW pin to expand said
parison uniformly and bring said parson into contact
25

tainer of uniform Wall thickness;

30

35

12. The method of claim 9 further comprising metering

40

rior surface of said mold;

in?ating said parison though the bloW pin thereby bring

45

for a one gallon container.

13. The method of claim 9 Wherein the bloW molded con
tainer has a shape Which ?ts in a standard milk crate.
14. The method of claim 9 Wherein the bloW molded con

tainer has a ?ll percentage of greater than about 64%.

15. A method for forming a bloW-molded container com

prising:
providing a tWo or more piece mold including:
a bottom section for forming a container bottom,
50

material for a one gallon container.

7. The method of claim 1 Wherein the bloW molded con

tainer has a shape Which ?ts in a standard milk crate.
8. The method of claim 1 Wherein the bloW molded con
tainer has a ?ll percentage of greater than about 64%.

11. The method of claim 10 Wherein said upper section

comprises a continuous radius transition sectionbetWeen said
sideWall and said spout Wherein said radius is about three
inches and said transition section is about 2.5 inches in a bloW
molded container having an overall height of about 10 inches.
said heated thermoplastic material is metered to achieve a
maximum bloW molded container Weight of about 55 grams

positioned approximately equidistant from the inte

3. The method of claim 1 Wherein said sideWall section

further comprises long sideWalls and short sideWalls Where a
?rst pair of sideWalls are spaced apart by a ?rst dimension and
a secondpair of sideWalls are spaced apart by a second dimen
sion Where the ratio of the ?rst dimension to the second
dimension is about 1:1.06.
4. The method of claim 1 further comprising:
molding a handle into the container proximate to the spout.
5. The method of claim 1 Wherein the mold is a tWo piece
mold.
6. The method of claim 1 Wherein the mold is a three piece
mold.

10. The method of claim 9 further Wherein said mold com

prises an upper section, a sideWall section, a spout, a bottom
and a handle.

section Whereby the outer surfaces of the parison are

ing said parison into contact With the interior surfaces

of said mold forming a container;
permitting said container to cool; and,
ejecting said container from said mold.
2. The method of claim 1 further comprising said container
having a Weight of less than about 55 grams of thermoplastic

With the interior surfaces of said mold, forming a con

permitting said container to cool; and,

ejecting said container from said mold.

forming a parison by introducing a thermoplastic mate

rial in lique?ed form through the opening betWeen the
die and the mandrel;
moving said mold pieces to a closed position proximate
to the die so the parison assumes an ovoid cross

ture to form a parison having a uniform Wall thickness,

manipulating said split sections of said mold to a closed
position thereby causing said parison to assume an ovoid
cross-section, Whereby said parison outer surfaces are

positioned approximately equidistant from the interior

providing a tWo or more piece mold having a body includ

ing:

a bottom section for forming the container bottom;

sideWall section for forming a plurality of sideWalls;
a spout section for forming a spout;
a neck section for forming an upWardly converging neck
member coupling the sideWalls to the spout having a
convex radius transition section of approximately
three inches in a container having an overall height of

length dimension and said Width dimension and a central

vertical axis de?ning a midpoint in said length dimen

sion and said Width dimension;
positioning a circular die proximate to said mold, the center
of said die positioned co-axially With said vertical axis;
positioning a circular, holloW mandrel having a central axis
positioned co-axially With said die and said vertical axis;

sideWall section having a plurality of sideWall surfaces

for forming a plurality of long sideWalls, a plurality of
short sideWalls, and a sideWall upper limit, each long

sideWall of the plurality of long sideWalls being sub

stantially planar, the plurality of long sideWalls

including a ?rst pair of opposing parallel sideWalls
55

that is spaced apart by a ?rst dimension, and a second

pair of opposing parallel sideWalls that is spaced apart

by the ?rst dimension, each short sideWall from the
plurality of short sideWalls being disposedbetWeen an
60

adjacent pair of long sideWalls from the plurality of

long sideWalls, the plurality of short sideWalls includ
ing a third pair of sideWalls that is spaced apart by a
second dimension that is different than the ?rst

dimension, and the sideWall upper limit extending

along one or more long sideWalls from the plurality of
65

long sideWalls and one or more short sideWalls from

the plurality of short sideWalls,

a spout section for forming a spout,

2:15-cv-12168-MAG-EAS Doc # 1-3 Filed 06/15/15 Pg 16 of 16

Pg ID 68

US 8,535,599 B1
9

10
vertical axis de?ning a midpoint in said length dimen
sion and said Width dimension;
positioning a circular die proximate to said mold such that

a neck section for forming an upwardly converging neck

member coupling the sidewalls to the spout having a
convex radius transition that is formed betWeen the
sideWall upper limit and the spout, Wherein the con

a radial center of said circular die is positioned co

vex radius transition de?nes a constant radius that

axially With said vertical axis;

extends continuously from the sideWall upper limit to

the spout to provide a smooth transition betWeen the
sideWall upper limit and the spout,
a die having an opening, and
a holloW mandrel positioned Within the opening of the
die to de?ne an annular opening betWeen the opening
of the die and the mandrel has an angle of about
1 5 -l 8;

positioning a circular, holloW mandrel having a central axis

positioned co-axially With said die and said vertical axis;

spacing said mandrel from said die to create an annular

aperture betWeen said die and said mandrel, Wherein the

annular aperture Widens at an angle of about 150-18o in
relation to said axis from a narroW end of said annular

aperture distal to said internal cavity of said mold to a

Widened end of said annular aperture proximal to said

forming a parison by introducing a thermoplastic material

in lique?ed form through the opening betWeen the die
and the mandrel;
moving said mold pieces to a closed position proximate to

internal cavity of said mold;

extruding heated thermoplastic material through said aper
ture to form a parison having a uniform Wall thickness;
and

the die so the parison assumes an ovoid cross-section

Whereby each sideWall from the plurality of sideWalls of

in?ating said parison to expand said parison uniformly and

the mold is disposed at a similar distance from an outer

surface of the parison; and

in?ating said parison thereby bringing said parison into

contact With said mold to form a container.

16. A method for forming a bloW molded container, said

container having a length dimension and a Width dimension

less than said length dimension, the method comprising:

providing a split mold having an internal cavity having said
length dimension and said Width dimension and a central

20

bring said parison into contact With said mold to form a

container of uniform Wall thickness.

17. The method of claim 16, further comprising:

causing said parison to assume an ovoid cross-section,

Whereby an outer surface of parison is positioned

approximately equidistant from a plurality of sideWall
surfaces of said mold prior to in?ating said parison.
*

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 1 of 14

EXHIBIT C

Pg ID 69

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 2 of 14

Pg ID 70

USOO8979524B2

(12) United States Patent

(10) Patent N0.:

Lobbestael et a].
(54)

US 8,979,524 B2

(45) Date of Patent:

METHOD AND APPARATUS FOR MAKING A

LIGHT WEIGHT CONTAINER

Mar. 17, 2015

B29C 2049/4882 (2013.01); B29C 2049/4892

(2013.01); B65D 2501/0081 (2013.01)
USPC .......................... .. 425/525; 425/522; 425/532

(71) Applicant: Mid-America Machining, Inc.,

Brooklyn, MI (US)
(72)

(58) Field of Classi?cation Search

CPC B29C 49/04; B29C 49/482; B29C 2049/047;
B29C 2049/4882
USPC ......................... .. 425/522, 525, 532; 264/541

InventorSI Peter Lobbestael, Mar}in Beach, MI

(Us); Alvanover>Adr1an> MI (Us);

Kevin D Gaydosh, Adrian, MI (US);
Gregory T Hall, Adrian, MI (US)

See application ?le for complete search history.

(56)

References Cited

(73) Assignee: Mid-America Machining, Inc.,

US. PATENT DOCUMENTS

Brooklyn, Ml (U S)
-

(*)

Notice:

Subject to any disclaimer, the term ofthis

3,309,443 A *

3/1967

Scott, Jr. et a1. ............ .. 264/541

3,312,766

4/l967

St

3,608,137 A *

patent is extended or adjusted under 35

(Commued)

(21) APPL NO; 13/889562

(22)

FOREIGN PATENT DOCUMENTS

Flled~

May 8 2013

GB

2464386

4/2010

GB

2470316

11/2010

W0

(65)

264/167

U.S.C. 154(b) by 95 days.

............ ..

9/1971 Wig: n 425/465

W0 9203276 Al *

3/l992

Prior Publication Data

Primary Examiner * Robert B Davis

Us ZOE/0243896 A1

sep' 19 2013

Related US. Application Data

(62)

(74) Attorney, Agent, or Firm * Young Basile Hanlon &

Macparlane RC

Division of application No. 13/405,495, ?led on Feb.

27> 2012 HOW Pat' NO' 8,668,101'

(57)
ABSTRACT
An apparatus for forming a blow-molded container includes a

(60) Provisional application No. 61/466,588, ?led on Mar.

H1019: a mandr91> and a dle~ The meld {Heludes a Ponom

(51)

23 201 1_

section for forming a container bottom, a sidewall section for

Int, Cl,
329C 49/04
B29C 49/48
B65D 1/02

forming a plurality of sidewalls, a spout section for forming a

spout, and a neck section for forming an upwardly converging
neck member coupling the sidewalls to the spout having a
convex radius transition section of approximately three
inches in a container having an overall height of approxi
mately ten inches. The mandrel and the die are operative to

(200601)
(200601)
(200601)
(Cominued)

form a parison that assumes an ovoid cross-section within the

(52)

U-s- ClCPC . B65D 1/02 (2013.01); B29C 49/04 (2013.01);

B65D 23/10 (2013.01); B65D 1/0223

(2013.01); B29D 22/003 (2013.01); B29C

49/48 (2013.01); B29C 49/4802 (2013.01);

mold with the outer surfaces of the parison positioned

approximately equidistant from sidewall section of said
mold.

10 Claims, 7 Drawing Sheets

76

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 3 of 14

Pg ID 71

US 8,979,524 B2
Page2
(51)

Int. Cl.
B65D 23/10

(200601)

5,833,115 A
6,065,624 A
6,527,133 B1

.
References Cted

(56)

US PATENT DOCUMENTS

11/1998 Eiten
5/2000 Steinke
3/2003 McCollumet 31.

6,540,956 B1
2001/0028122 A1*

4/2003 Iwamoto 6131.

10/2001 Narushima 6131. ........ .. 264/40.1

2003/0155324 A1
2003/0234236 A1

8/2003 McCollum 6131.

12/2003 Michalowski

3,640,667 A *

2/1972 RupeIt 6131. ............... .. 425/525

2004/0164048 A1

3708 082 A

M973 Platte

2006/0096942 A1

337653574 A

10/1973 Urquiza

2006/0255000 A1

11/2006 Qu1tana

4,016,995 A
4372 455 A

4/1977 Frazer
2/1983 Cochran

2006/0260971 A1
2007/0221606 A1

11/2006 Riveraet 31.

9/2007 Eitenet a1.

4,735,834 A *

4/1988 Mozeretal. ............. .. 428/3692

20070235905 41

10/2007 Trudeeral,

4,805,793 A

2/1989 Brandtetal,

2008/0217200 A1

4,846,359 A *

7/1989 Baird 6131. ................ .. 215/122

2009/0294400 A1

5,087,406 A
5,112,561 A

2/1992 Krall et 31.

5/1992 Dickinson

2010/0151163 A1
2011/0056903 A1

5,486,333 A *

1/1996

5,803,290 A

9/1998 Bongiorno

Mavridis et 31. ............ .. 264/541

* cited by examiner

8/2004 Younst

5/2006 La11e

9/2008 Eitenet a1.

12/2009

$33316 et 31.

6/2010 SkOV
3/2011 Glover

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 4 of 14

US. Patent

Mar. 17, 2015

Sheet 1 017

Pg ID 72

US 8,979,524 B2

FIG. 1A
PRIOR ART

FIG. 1D
PRIOR ART

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 5 of 14

US. Patent

Mar. 17, 2015

Sheet 2 0f7

Pg ID 73

US 8,979,524 B2

N
N
y

104

1CFIG. APRIOTR

128

1BFIG. APRIOTR
104
128

126

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 6 of 14

US. Patent

Mar. 17, 2015

Sheet 3 0f7

Pg ID 74

US 8,979,524 B2

2AFIG.

2BFIG.

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 7 of 14

US. Patent

Mar. 17, 2015

Sheet 4 0f7

Pg ID 75

US 8,979,524 B2

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 8 of 14

US. Patent

Mar. 17, 2015

Sheet 5 0f7

Pg ID 76

US 8,979,524 B2

3BFIG.

3AFIG.

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 9 of 14

US. Patent

h1ar.17,2015

Pg ID 77

US 8,979,524 B2

Sheet60f7

FIG. 3D

FIG. 4

56

60

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 10 of 14

US. Patent

Mar. 17, 2015

Sheet 7 0f 7

Pg ID 78

US 8,979,524 B2

FIG. 5
76

70
72

FIG. 6

52

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 11 of 14

Pg ID 79

US 8,979,524 B2
1

METHOD AND APPARATUS FOR MAKING A

LIGHT WEIGHT CONTAINER

More recently, containers have been created which incor

porate ribs and other design features in the upper sidewalls of
the container to increase mechanical strength, while at the

CROSS-REFERENCE TO RELATED
APPLICATIONS

same time decreasing the wall thickness of the ?nished con

tainer. By reducing the overall thickness of the container,

substantial savings in materials cost can be realized. Newer

containers utilizing these design methodologies have resulted

This application is a divisional of US. patent application

Ser. No. 13/405,495, ?led on Feb. 27, 2012, which claims the
bene?t ofU.S. Provisional Application No. 61/466,588 ?led
Mar. 23, 2011.

in reductions in material required for each container, and

corresponding reductions in material cost, of between ?ve
and seven percent. Such reductions in the typical production
environment can result in substantial cost savings over time.

The existing containers, however, suffer from important

FIELD OF THE INVENTION

limitations. Particularly, as known in the prior art, the manu

facture of thin-walled thermoplastic containers utilizing the

blow-molding techniques can create unacceptably thin wall

The present invention relates to containers for storage of

liquids, granular materials and the like, and methods and

dimensions near the top and bottom of the containers, where

the tops and bottoms of the containers join the side walls.

apparatuses for forming the same. More particularly, the con

tainer of the present invention is a single piece blow-molded
plastic container formed in a multi-sided con?guration with
modi?ed comer radii, utilizing a smaller volume of raw mate

Excessive thinning in these areas weakens the overall con

20

rial to obtain volumes and strength equivalent to the prior art.

DESCRIPTION OF THE RELATED ART
Blow-molded plastic bottles are well known for use for

25

holding a wide variety of liquids such as milk, water and juice.

tainer and reduces its ability to withstand the forces typically

imposed during the ?lling process. To insure that suf?cient
wall thickness remains in these vital sections, the current
containers require a minimum of approximately ?fty-eight to
sixty grams in weight. A need exists, therefore, for a container
design and method of manufacture, which permits more even
distribution of thermoplastic material throughout the wall of

the container, while allowing signi?cant reductions in the

The same types of containers may be used for granular mate

rials. Containers of this type are manufactured in a variety of

amount of material required to produce the container.

sizes, conventionally formed of a variety of thermoplastic

SUMMARY OF THE INVENTION

materials.
Typical of these containers are those disclosed in US. Pat.
No. 6,527,133, issued to McCollum et al.; US. Pat. No.
4,805,793, issued to Brandt et al.; and US. Pat. No. 6,237,
792, issued to Skolnicki et al.
Containers of this type are relatively thin-walled, and are
generally square or rectangular in cross-section, feature a
molded handle, and typically have a ?nished weight of over
60 grams. Such weight of material is essential to maintaining
suf?cient strength for the container to withstand the industrial

30

?lling process, in particular, the loads imposed for secure

40

In summary, a thin-walled container in accordance with the

35

present invention is formed having sidewalls, a bottom, a top

having a neck, a handle, and a spout. The container has eight
sides, and a smoothly tapered radius between the spout and
the sidewall. To form the container, specialized round tooling
is utilized in the die and its associated mandrel to achieve
more even distribution of the thermoplastic material during
the molding process. The resulting container displays a more

ef?cient distribution of the materials along the sidewalls, top

and bottom of the container, typically at a weight of ?fty-two

ment of a closure, such as a cap, lid or screw top to the spout

grams or less.

on the top of the container. FIGS. 1A, 1B, 1C and 1D show

It is an object of the present invention, therefore, to provide

a thin-walled container having an extremely light weight.

top, front, side and bottom views, respectively of blow

molded containers formed according to the prior art. The
typical prior art container is depicted in FIGS. 1A-1D and
incorporates a top 102, a bottom 104 and spout 120. Top 102
and bottom 104 are interconnected by sidewalls 106, and

Further, it is an object of the present invention to provide a

45

radiused transition between the spout and sidewall of the

container.
It is another object of the present invention to position the
handle of the container to improve venting of the interior of

includes a handle 122. In the prior art, a relatively acute

transition occurs at the top comer 130 of the top 102 of the

container, where the top 102 joins the lower circumference of

the spout 120. Then, when the top 102 joins the sidewall 106,

thin-walled container having six or more sides and a specially

50

the container during the pouring process.

It is another object of the present invention to provide a
system for manufacturing the same volume of container as

a second relative abrupt transition occurs at upper comer 124,

generating a comparatively sharp angle between the top 102

taught in the prior art, while maintaining the necessary struc

and the sidewall 106. Transitioning to the bottom section of

tural integrity of the container to withstand the industrial

the prior art container, a ?rst intermediate corner 126 creates

a ?rst transition between the sidewall 106 and the bottom 128
of the container. A bottom corner 128 completes the transition
between the sidewall 106 and bottom 104. The combination
of the corner transitions at intermediate comer 126 and bot

55

tom 128, coupled with the substantial distance between inter

60

?lling process.
It is a further object of the present invention to provide an

improved container having the same volume and ?tting in the

same standard case as taught in the prior art.

These, and other objects of the invention, will be apparent

from the associated drawings and description.

mediate corners 126 and 128 demand a substantial distribu

tion of material to the bottom section of the container to

BRIEF DESCRIPTION OF THE DRAWINGS

provide the necessary strength. The same problem is evident

at the top of the container 102, where the top 102 of the
container joins the sidewall 106 at upper comer 124. These

multiple spaced apart transitions often result in excessively

thin walls at the transitions, thereby weakening the container.

FIG. 1A is a top view of a prior art container, constructed

65

according to the methods of the prior art.

FIG. 1B is a front view of a prior art container, constructed

according to the methods of the prior art.

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 12 of 14

Pg ID 80

US 8,979,524 B2
4

lique?ed thermoplastic material to solid state. Once the part

has formed, the mold is opened and the part is removed from
the mold.

FIG. 1C is a side view of a prior art container, constructed

according to the methods of the prior art.

FIG. 1D is a bottom view of a prior art container, con

structed according to the methods of the prior art.

Turning now to FIGS. 2A-2E, a ?rst embodiment of a

FIG. 2A is a front view of a ?rst embodiment of the present

invention.
FIG. 2B is a side view of a ?rst embodiment of the present
invention.
FIG. 2C is a bottom view of a ?rst embodiment of the

container formed according to the present invention is dis

closed. Container 10 consists of a top section 12, a bottom 14

and a plurality of sidewalls. Eight sidewalls alternate in

dimension, four being long sidewalls 16 and four being short

sidewalls 18. The top section 12 is con?gured with a spout 20
having an opening 21 by which material may be introduced

present invention.
FIG. 2D is an alternate bottom view of a current embodi

into the interior of the container 10. The container is molded

as a single piece, and includes a handle 22 which is hollow

ment of the present invention.

FIG. 2E is an additional bottom view of another variant of
a current embodiment of the present invention.
FIG. 3A is a front view of the present invention.
FIG. 3B is a side view of another embodiment of the

and permits liquid and air to pass inside it. Preferably, the

present invention.
FIG. 3C is a top view of another embodiment of the present
invention.
FIG. 3D is a bottom view of another embodiment of the

20

present invention.
FIG. 4 is a diagram showing a die and mandrel according to
an embodiment of the present invention.
FIG. 5 is a diagram showing a parison and a mold accord
ing to an embodiment of the present invention.
FIG. 6 is a top view of embodiments of the present inven
tion held in a standard dairy crate.
DESCRIPTION OF THE PREFERRED
EMBODIMENT

25

approximately three inches, thereby providing a smooth tran

sition between the sidewalls 16, 18 and spout 20 of the con
tainer 10 in comparison to the prior art. This area of transition
may include one or more ribs 28 to provide additional
30

The description which follows will be best appreciated by

reference to the accompanying drawings. Although the inven

strength to the container. The container 10 is blow-molded,

and includes a single piece thin wall construction. The side

walls, when viewed from above, form a generally octagonal

tion is described in conjunction with the drawings, and a

plurality of preferred embodiments is described, it will be

handle is con?gured adjacent to a short sidewall 18, so that

when the container is held for pouring, the center of mass is
concentrated along the axis which intersects both the handle
and the opposing short sidewall of the container.
In a ?rst embodiment, the height of the container 10 is
measured from the bottom of the container to the bottom of
the spout is approximately 9.231 inches, for a container hav
ing a volume of approximately 234 cubic inches, essentially a
one-gallon container. In this embodiment, a radius transition
24 is formed between the upper limit of the sidewalls 16, 18
and spout 20. Preferably, the radius R has a dimension of

35

con?guration as seen in top or bottom plan views. The con

tainer 10 includes a bottom 14 which is interconnected to the
sidewalls 16 and 18 and has a plurality of ribs 30. In one

appreciated that these descriptions are not intended to limit

example, the radius transition 24 in between the sidewalls 16,

the invention to those embodiments. The invention includes a

18 and the spout 20 has a radius of approximately 3" and a

transition section length of about 2.5" in a container having an

variety of alternatives, modi?cations and equivalents which

overall height of approximately 10".

may be included within the spirit and scope of the invention as

de?ned by the appended claims.

40

The invention will be better understood by a full apprecia

tion of the process of manufacture typically used in the art. A
conventional blow-molding machine includes a loading sta

either con?guration may be formed with one or more volume

control inserts 32 molded into one or more sides of the con

tion where pelletized thermoplastic material, such as polyeth

ylene, may be introduced into a hopper or feed bin. The

A second embodiment of the invention as disclosed in

FIGS. 3A and 3B, which does not include the ribs 30 but does
include the same upper radius transition 24. Containers of

45

tainer to adjust the total internal volume of the container 10.

hopper, in turn, feeds the pelletized or granular thermoplastic

Turning now to ?rst embodiment of the invention as shown

materials, which is at room temperature, to a heater/drive

system. Such a system typically includes a screw drive pro

in FIGS. 2A-E, it will be appreciated that the top section 12 of

vided with one or more heating mechanisms or elements

which gradually raise the temperature of the thermoplastic

50

material to approximately 3650 F. Once the material has

attained this temperature, the material lique?es and becomes

taffy-like in its consistency. The material is then introduced
into the mold through a die and mandrel combination,
whereby the thermoplastic material is evenly distributed in

the container 10 incorporates an upper radius transition of

radius R between the bottom of the spout 20 and the top of
sidewalls 16 and 18. The absence of the sharp transitions
between the bottom of the spout and the container top, and the
top of the sidewall in the container top results in increased
strength while allowing for even distribution of the thermo

plastic material, eliminating the sharp transitions of the prior

55

the mold. The blob of thermoplastic material which forms as

art. The inclusion of rib 28 imparts additional strength to this

vital section of the container.

it is extruded through the gauged opening between the die and

Likewise, the intermediate comers 34 and bottom corners

mandrel is called a parison. Once the parison is formed the

36 are positioned closer than the corresponding transition

mold is closed around the parison possibly imparting the

general shape of the interior of the mold onto the parison. This
aids in distributing the material of the parison evenly through

corners in the prior art, resulting in a more even distribution of

60

out the interior of the mold when the mold is pressurized. The

mold is then pressurized via the blow pin thereby forcing the
parison to expand throughout the interior of the walls of the
mold, and imparting to the material the ?nished shape of a
container. To facilitate the molding process, the mold walls
are cooled to approximately 300 to 40 F, to restore the

65

the thermoplastic material at those critical locations. As

shown in FIGS. 2C-2E, a variety of methods may be adopted
for placement of strengthening ribs 30 on the bottom of the

container to impart a higher degree of rigidity, utiliZing a

thinner bottom wall section than required by the prior art. A
variety of planiforms may be selected as depicted in FIGS.
2C-2E, each of which forms the desired function of imparting
the necessary strength to the bottom of the container.

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 13 of 14

Pg ID 81

US 8,979,524 B2
5

FIGS. 3A-3D show a second embodiment of the invention,

where the bottom 44 of the container 38 is provided with a

sures the angle of the die 60 with respect to the mandrel 54.
Die angles 64 can range from 0 to 30 or more particularly

plurality of impressions 40, 42 which may facilitate stacking

about 15-18. Using a die angle 64 ofless than 30 allows the

die gap 66 to be smaller. In the case of one gallon containers,
a die gap 66 of between about 0.001" and about 0.025" or

of containers 38. FIGS. 3A, B, C and D show a ?rst side view,

a second side view, a top view and a bottom view, respectively
of an embodiment of the invention showing impressions 40,
42 cast into the bottom 44 of container 38.

more particularly about 0.006" produces a parison with the

desired shape and size when the appropriate amount of mate
rial is forced through the die/mandrel combination.
In addition to the shape due to the die angle 64 and die gap
66, as shown in FIG. 5, a parison can change shape when the

It will be further appreciated that additional strength may

be obtained by multiplying the number of sidewalls as shown
in FIGS. 2C and 3C. In each of the embodiments therein

depicted, it will be appreciated that the container has eight

sidewalls. The utilization of multiple sidewalls decreases the
angles between the sidewalls, and the gentler radiuses therein

mold is closed. FIG. 5 shows a cross-sectional view of a

parison 70 with a hollow core 72 inside a mold cavity 74

incorporated allows for more even distribution of the thermo

to an embodiment of this invention. The parison 70 has elon

plastic material during the molding process. Embodiments of

this disclosure have sidewalls arranged as opposing pairs
where the distance between pairs of sidewalls is arranged so

mold halves 76, 78. Embodiments of this invention use the

that two pairs of sidewalls are separated by a ?rst distance and

a third pair of sidewalls are separated by a second distance.
The ratio of the ?rst distance to the second distance is between
about 1:1 to about 1:1.10, with the preferred ratio equal to
about 1:1.06.

A further advantage of incorporation of the upper radius

transition 24 is the improved pouring characteristics of the
container. In a prior art, the sharp transitions between the top
of the container and the spout and the upper part of the handle
and the top of the container results in periodic dif?culty in
pouring from the container as liquid blocks movement of the
contents of the container away from the handle, causing the

formed by the two parts of a two-part mold 76, 78 according

gated and formed an elliptical shape following closure of the

elliptical shape of the parison 70 in combination with

improved design of the mold cavity 74 to improve the quality
20

of the ?nished container. By forming a container with an

elongated or diamond shape, shown in FIG. 5, the walls of the
mold 88 can be kept at a substantially small similar distance

from the parison 70. Replacing comers with short sidewall

sections 80, 82, 84 and 86 and shaping the mold to mirror the
25

shape of the parison improves the structural rigidity of the

resulting blow molded container while maintaining overall
container strength using less material. In addition, this design
helps to avoid dented comers as the resulting container is

used, thereby enhancing its appearance. The elongated pari

son 70 ?ts the mold cavity 74 more closely than a mold cavity

tainer. It is also noted that the curved nature of the upper

having four symmetric sides. Shaping the interior of the mold

to form an elongated shape similar to the parison 70, where
the distance from the parison to the mold wall 88 is substan
tially equal causes the parison 70 to mold to the interior shape
of the mold when the interior of the parison is pressurized.
Having the interior of the mold closely mirror the elongate
shape of the parison will provide the strongest container for
the least amount of material by distributing the material

radius transition between the sidewalls and the spout permits

evenly and thereby providing uniform wall thickness. Typical

contents of the container to pour in spurts, rather than in a

continuous stream as air is admitted past the liquid. By utili

zation of the extended upper radius transition of the present
invention, the contents of the container ?ow easily. In addi
tion, the handle section is designed to be hollow and allow air
to escape during pouring due to its proximity to the spout to
thereby mitigate splashing as liquid is poured from the con

the handle to be attached higher on the container proximate to

the spout and have a smaller hole between the handle and the

30

35

40

gallon containers manufactured by blow molding can use a

minimum of 58 grams of thermoplastic material to form

container, thereby improving the pouring characteristics as

successfully, with 61 -64 grams being typical in manufactur

mentioned above and permitting the container to contain a

ing operations. Embodiments of this invention can manufac

ture gallon containers with desirable strength and appearance
using less than about 55 grams of thermoplastic materials, or
more preferably less than about 52 grams of thermoplastic
material.

greater volume of material.

Improved characteristics of containers produced according

to embodiments of this invention are due at least in part to

45

improvements to the equipment used to produce the contain

ers, in particular the die and mandrel combination and the
shape and size of the mold. FIG. 4 shows a cross-sectional
view of an extrusion mechanism 50 according to an embodi
ment of this invention. This extrusion mechanism 50 operates
as part of a blow molding machine, where the extrusion
mechanism 50 positions a circular mandrel 54 having an air

FIG. 6 shows a top view of embodiments of this invention

held in a standard dairy crate. Dairy crates are cases con
50

tainers or contents. Dairy crates are manufactured in standard

con?gurations and it is an advantage of embodiments of this

invention that these embodiments ?t in a standard dairy crate.
As shown in FIG. 6, a standard 4-gallon dairy crate 51 holds

passage 56 in a circular die 60 so that a predetermined die gap

66 exists between the mandrel 54 and the die 60 a predeter

mined die angle 64. Thermoplastic material is forced into the

extrusion mechanism 50 in the direction indicated by arrow
A, ?ows around the mandrel 54 and through the die gap 66
to form a parison. A parison is typically a hollow tube or bulb
of semi-molten material which extends past the mandrel into
the volume which will be the cavity of the mold. Once the

structed to hold multiple containers so that dairy crates with

full containers may be stacked without damage to the con

55

four 1-gallon containers 52 made in accordance with embodi

ments of this invention.
The above-described embodiments have been described in

around the parison so that air can be introduced into the air

order to allow easy understanding of the present invention and

do not limit the present invention. On the contrary, the inven
tion is intended to cover various modi?cations and equivalent
arrangements included within the scope of the appended
claims, which scope is to be accorded the broadest interpre

passage 56 to in?ate the parison to ?ll the enclosing mold. The

size and shape of the die angle 64 and die gap 66 with respect

tation so as to encompass all such modi?cations and equiva

lent structure as is permitted under the law.

60

desired parison is created, the mold (not shown) closes

to the mandrel 54 can determine the exact proportions of the

parison. In this case the die 60 and mandrel 54 are both

circular. The ?rst parameter is the die angle 64 which mea

65

What is claimed is:

1. An apparatus for forming a blow-molded container,

comprising:

2:15-cv-12168-MAG-EAS Doc # 1-4 Filed 06/15/15 Pg 14 of 14

Pg ID 82

US 8,979,524 B2
8

7
a mold including:
a bottom section for forming a container bottom,
a sidewall section for forming a plurality of sidewalls,
where a ?rst pair of sidewalls from the plurality of
sidewalls are spaced apart by a ?rst dimension, a

a spout section for forming a spout, and

a neck section for forming a radius transition between
the sidewall upper limit and the spout to provide a
smooth transition between the sidewall upper limit
and the spout; and
a mandrel and a die operative to form a parison that

second pair of sidewalls from the plurality of side

walls are spaced apart by the ?rst dimension, and a
third pair of sidewalls from the plurality of sidewalls
are spaced apart by a second dimension where a ratio
of the ?rst dimension to the second dimension is about

assumes an ovoid cross-section within the mold with the

outer surfaces of the parison positioned approximately

10

1:1.06,
a spout section for forming a spout, and
a neck section for forming an upwardly converging neck
member coupling the sidewalls to the spout having a
convex radius transition section of approximately
three inches in a container having an overall height of

comprising:
a two or more piece mold including:

approximately ten inches; and

a bottom section for forming a container bottom,

a sidewall section having a plurality of sidewall surfaces

a mandrel and a die operative to form a parison that

assumes an ovoid cross-section within the mold with the

outer surfaces of the parison positioned approximately

equidistant from sidewall section of said mold.

7. The apparatus of claim 6, wherein the spout section is
positioned for forming the spout along a central vertical axis
of the mold and the die and mandrel are positioned along the
central vertical axis of the mold.
8. An apparatus for forming a blow-molded container,

20

equidistant from sidewall section of said mold.

2. The apparatus of claim 1, wherein the mandrel is posi

for forming a plurality of long sidewalls, a plurality of

short sidewalls, and a sidewall upper limit, each long
sidewall of the plurality of long sidewalls being sub

tioned within an opening of the die to de?ne an annular

stantially planar, the plurality of long sidewalls

opening between the opening of the die and the mandrel, the

including a ?rst pair of opposing parallel sidewalls

annular opening widens at an angle of about 15-18o from a

narrow end of said annular opening distal to said mold to a

widened end of said annular opening proximal to said mold,

wherein the annular opening is operable to is operable to
receive a lique?ed thermoplastic material for forming the
parison within the mold.
3. The apparatus of claim 1, wherein the neck section forms

25

pair of opposing parallel sidewalls that is spaced apart

by the ?rst dimension, each short sidewall from the
plurality of short sidewalls being disposedbetween an
30

second dimension that is different than the ?rst

dimension, and the sidewall upper limit extending

35

40

prising:
a mold including:
a bottom section for forming a bottom member for the
45

sidewall of the plurality of long sidewalls being sub

stantially planar, the plurality of long sidewalls

including a ?rst pair of opposing parallel sidewalls

50

that is spaced apart by a ?rst dimension, and a second

pair of opposing parallel sidewalls that is spaced apart

by the ?rst dimension, each short sidewall from the
plurality of short sidewalls being disposedbetween an

adjacent pair of long sidewalls from the plurality of

long sidewalls, the plurality of short sidewalls includ
ing a third pair of sidewalls that is spaced apart by a

55

second dimension that is different than the ?rst

dimension, and the sidewall upper limit being de?ned

by one or more long sidewalls from the plurality of
long sidewalls and one or more short sidewalls from

the plurality of short sidewalls,

a spout section for forming a spout, and

a neck section for forming an upwardly converging neck
member coupling the sidewalls to the spout having a
convex radius transition that is formed between the
sidewall upper limit and the spout to provide a smooth
transition between the sidewall upper limit and the

spout;

blow molded container,

a sidewall section for forming a plurality of long side
walls, a plurality of short sidewalls, and a sidewall
upper limit for the blow molded container, each long

along one or more long sidewalls from the plurality of

long sidewalls and one or more short sidewalls from

the plurality of short sidewalls,

piece mold.
6. An apparatus for forming a blow molded container com

adjacent pair of long sidewalls from the plurality of

long sidewalls, the plurality of short sidewalls includ
ing a third pair of sidewalls that is spaced apart by a

the convex radius transition from a sidewall upper limit

de?ned by at least two sidewalls from the plurality of side

walls to the spout to provide a smooth transition between the
at least two sidewalls and the spout.
4. The apparatus of claim 1 wherein the mold is a two piece
mold.
5. The apparatus of claim 1 wherein the mold is a three

that is spaced apart by a ?rst dimension, and a second

60

a die having an opening; and

a mandrel positioned within the opening of the die and is
spaced from the die by a die gap of about 0.006 inches to
de?ne an annular opening between the opening of the
die and the mandrel, the annular opening widens at an
angle of about 15-18o from a narrow end of said annular
opening distal to said mold to a widened end of said

annular opening proximal to said mold, wherein the

annular opening is operable to receive a lique?ed ther
moplastic material for forming a parison within the
mold.
9. The apparatus of claim 8, wherein the mandrel includes
an air passage for in?ating the parison.
10. The apparatus of claim 8, wherein the spout section is
positioned for forming the spout along a central vertical axis
of the mold and the die and mandrel are positioned along the
central vertical axis of the mold.
*

2:15-cv-12168-MAG-EAS Doc # 1-5 Filed 06/15/15 Pg 1 of 6

EXHIBIT D

Pg ID 83

2:15-cv-12168-MAG-EAS Doc # 1-5 Filed 06/15/15 Pg 2 of 6

Pg ID 84

USO0D678774S

(12) Unlted States Deslgn Patent (10) Patent N0.2

Lobbestael et a].

(45) Date of Patent:

(54) CONTAINER
-

D429,643
,

Inventors. Peter Lobbestael, Manltou Beach, MI

(Us); Alvallovers Adrlans MI (US);
Term:

14 Years

22

F1 d
)

1e '

8/2000

"" "'1""""""""" " 33/25?

Case ey
............
eta. ...

9/2010 Lembkeetal
1/2012 Riveraet a1.

D9/528

D9631
139/531

D655,175 S *

3/2012 Young et a1.

D9/531

D662,421 S

6/2012

D9/531

2012/0241405 A1*

10 2011
un'

Dorn ................ ..

9/2012 Lobbestaeletal. ........... .. 215/10

* cited by examiner

(21) App1.N0.: 29/393,875

(

13623955 S *
D653,114 s *

KevinDGaydosh, Adrian, MI (US)

(**)

** Mar. 26, 2013

333%??? i 131333

(76)

US D678,774 S

Primary ExamineriKeliL Hill

(74) AZZ0rney,AgenZ, orFirmiYoung Basile

(51)
(52)

LOC (9) Cl. ................................................ .. 09-01

U.S.Cl. ...................................................... .. 139/531

(57)

(58)

Field of Classi?cation Search ................. .. 139/434,

The Ornamental design for a Container, as Shown and

139/435, 444, 445, 516, 523, 528, 530, 531,

139/5374539, 5404542, 543, 552, 563, 565,
139/572, 575, 215/3814385; 220/660, 669
See application ?le for complete search history.
(

56

R f

e erences

D212,932
s
13221516 S

D238,654 S

D311,136 s
D358,333 S

l6

Platte ..... ..

5/1995 Stockwell et a1. .........

DESCRIPTION

FIG. 1 is a side elevational VieW of the container;

FIG. 3 is a bottom VieW of the container; and,
4 IS a 1013 View Of the container.

12/1968
Anderson .................... . D9631
139/531
8/1971 Crisci
2/1976

described

FIG. 2 is a front elevational VieW of the container'

C t d

10/1990 Barkeretal.

CLAIM

D9/520

brotien
hnles. ShOdWn if? mch??deafir.1c?lleeanpu?ose
Ohm;
eunc alme po lonso
ormnop

ra mg

ofthe claim.

,, D9531

139/531

1 Claim, 4 Drawing Sheets

2:15-cv-12168-MAG-EAS Doc # 1-5 Filed 06/15/15 Pg 3 of 6

US. Patent

Mar. 26, 2013

"1

i2

Sheet 1 of4

Pg ID 85

US D678,774 S

2:15-cv-12168-MAG-EAS Doc # 1-5 Filed 06/15/15 Pg 4 of 6

US. Patent

Mar. 26, 2013

Sheet 2 of4

FIG. 2

Pg ID 86

US D678,774 S

2:15-cv-12168-MAG-EAS Doc # 1-5 Filed 06/15/15 Pg 5 of 6

US. Patent

Mar. 26, 2013

Sheet 3 of4

Pg ID 87

US D678,774 S

2:15-cv-12168-MAG-EAS Doc # 1-5 Filed 06/15/15 Pg 6 of 6

US. Patent

Mar. 26, 2013

Sheet 4 of4

FIG. 4

Pg ID 88

US D678,774 S

2:15-cv-12168-MAG-EAS Doc # 1-6 Filed 06/15/15 Pg 1 of 6

EXHIBIT E

Pg ID 89

2:15-cv-12168-MAG-EAS Doc # 1-6 Filed 06/15/15 Pg 2 of 6

Pg ID 90

USO0D678072S

(1a) Unlted States Deslgn Patent (10) Patent N0.2

Lobbestael et a].

(45) Date of Patent:

54) CONTAINER
-

13429,643
,

Inventors. Peter Lobbestael, Manltou Beach, MI

(Us); Alvallovers Adrlans MI (US);
Term:

14 Years

22

F1 d
1e '

un'

8/2000

"" "'1""""""""" " 33/25?

Case ey
............
eta. ...

9/2010 Lembkeetal
l/20l2 Riveraet a1.

D9/528

D9631
139/531

D655,175 S *

3/2012 Young et a1.

D9/531

D662,421 s

6/20l2

139/531

2012/0241405 A1*

136m ................ ..

9/2012 Lobbestaeletal. ........... .. 215/10

* cited by examiner

(21) App1.No.: 29/393,871

(

13623955 S *
13653,ll4 s *

KevinDGaydosh, Adrian, MI (US)

(**)

** Mar. 19, 2013

E3082? 2 i 18/1333

(76)

US D678,072 S

Primar ExamineriKeli L Hill

10 2011

y
(74) AZZ0rney,AgenZ, orFirmiYoung Basile

(51)
(52)

LOC (9) Cl. ................................................ .. 09-01

U.S.Cl. ...................................................... .. 139/531

(57)

(58)

Field of Classi?cation Search ................. .. 139/434,

The Ornamental design for a Container, as Shown and

139/435, 444, 445, 516, 523, 528, 530, 531,

139/5374539, 5404542, 543, 552, 563, 565,
139/572, 575, 2156814385; 220/660, 669
See application ?le for complete search history.
(

56

R f

e erences

132l2,932
s
13221516 S

D238,654 S

133ll,l36 s
D358,333 S

l6

Platte ..... ..

5/1995 Stockwell 61 a1. .........

DESCRIPTION

FIG. 1 is a side elevational VieW of the container;

FIG. 3 is a bottom VieW of the container; and,
4 15 a {Op View Of the container.

12/1968
Anderson .................... . D9631
139/531
8/1971 Crisci
2/1976

described

FIG. 2 is a front elevational VieW of the container'

C t d

10/1990 Barkeretal.

CLAIM

D9/520

brotien
hnles. ShOdWn if? mch??deafir.1c?lleeanpu?ose
Ohm;
eunc alme po lonso
ormnop

ra mg

ofthe claim.

,, D9531

139/531

1 Claim, 4 Drawing Sheets

2:15-cv-12168-MAG-EAS Doc # 1-6 Filed 06/15/15 Pg 3 of 6

US. Patent

Mar. 19, 2013

Sheet 1 014

FIG. 1

Pg ID 91

US D678,072 S

2:15-cv-12168-MAG-EAS Doc # 1-6 Filed 06/15/15 Pg 4 of 6

US. Patent

Mar. 19, 2013

Sheet 2 of4

FIG. 2

Pg ID 92

US D678,072 S

2:15-cv-12168-MAG-EAS Doc # 1-6 Filed 06/15/15 Pg 5 of 6

US. Patent

Mar. 19, 2013

Sheet 3 of4

Pg ID 93

US D678,072 S

2:15-cv-12168-MAG-EAS Doc # 1-6 Filed 06/15/15 Pg 6 of 6

US. Patent

Mar. 19, 2013

Sheet 4 of4

FIG. 4

Pg ID 94

US D678,072 S