Eko Brands, LLC v. Adrian Rivera Maynez Enterprises, Inc., No. 18-2215 (Fed. Cir. 2020)Annotate this Case
ARM’s 320 patent describes an adaptor for use with Keurig® single-brew coffee machines or similar brewers, configured to effect operative compatibility between a single-serve beverage brewer [for use with cup-shaped cartridges] and beverage pods. ARM filed an International Trade Court (ITC) complaint against Eko and others. In proceedings involving others, the ITC found that several claims of the 320 patent were invalid for lack of written description. The Federal Circuit affirmed. The ITC made no invalidity determination concerning claims 8 and 19. Eko defaulted in the ITC with respect to ARM’s allegations that it infringed claims 8 and 19. The ITC issued a limited exclusion order and cease and desist order. Eko filed suit in the district court, seeking a declaratory judgment of noninfringement as to claims 8 and 19 and that the claims were invalid as obvious. Eko also asserted infringement of Eko’s 855 patent, which describes a reusable filter cartridge device for single-serve beverage brewing machines. The district court issued a Markman ruling construing various claim terms and granted Eko declaratory judgment of noninfringement. A jury found claims 8 and 19 of the 320 patent invalid as obvious. The court awarded Eko attorney’s fees associated with those judgments. The Federal Circuit affirmed the judgment of invalidity as to the 320 patent, the fee award, and the judgment of infringement as to the 855 patent.