f'real foods, LLC, files lawsuits against Welbilt Inc. and Fresh Blends North America, Inc. for blender patent infringement

EMERYVILLE, Calif., June 20, 2019 /PRNewswire/ -- f'real foods, LLC, a subsidiary of Rich Products Corp., filed two patent lawsuits charging that Welbilt Inc. and its partner Fresh Blends North America, Inc. infringe two of f'real's patents for an in-store, self-cleaning blender for cold drinks. The Welbilt lawsuit was filed in Delaware District Court and the Fresh Blends lawsuit was filed in Southern Florida District Court.

The suits allege Welbilt and Fresh Blends placed the blenders using f'real technology in 600 convenience stores since October 2018. In addition, the companies exhibited their Multiplex FreshBlender at the October 2017 National Association of Convenience Stores ("NACS") trade show in Chicago, IL; the October 2018 NACS trade show in Las Vegas, NV; and on their websites.

The lawsuits come less than a month after a federal jury in Delaware found Hamilton Beach Brands, Inc. and Hershey Creamery Co. infringed three of f'real's self-cleaning blender patents, including two of the patents in the Welbilt case. The jury in that case affirmed the validity of f'real's patents and awarded f'real $3.2 million in compensatory patent damages on May 3, 2019. Four previous attempts by Hamilton Beach Brands to invalidate f'real's self-cleaning blender patents at the U.S. Patent and Trademark Office and in the Federal Circuit Court of Appeals were also unsuccessful.

f'real launched its self-cleaning blender in 2003, providing consumers with the ability to quickly prepare their own milkshakes and smoothies, while offering operators the convenience of automatic sanitization. Since its inception, the U.S. Patent and Trademark Office awarded the company 16 U.S. patents for its innovative self-serve blender technologies. Today, f'real's products are sold at more than 19,000 locations across the United States and Canada, including convenience stores, colleges, universities and military bases. According to Bloomberg News, the packaged milkshake market is expected to grow to $2.7 billion by 2022.

"As a jury found in May with Hamilton Beach and Hershey Creamery, patents stand for something in this country and companies like Welbilt and Fresh Blends cannot use others' inventions and call them their own," said f'real's President Dinsh Guzdar. "And f'real has served notice that it will not stand by idly while others use its technology. Patent infringement is a growing concern in this country, and we want to affirm, whenever possible, the sanctity and enforceability of our lawful protections."

Further, according to the lawsuits, f'real had lengthy collegial discussions with Welbilt and Fresh Blends about partnering on f'real's patented blender technology before and while Welbilt and Fresh Blends put their blenders in the market. And, the Welbilt suit charges, Welbilt has been aware since at least August 2018 of its patent infringement.

The lawsuits against Welbilt, headquartered in New Port St. Richie, FL, and Fresh Blends, headquartered in Delray Beach, Florida, seek damages to be determined at a jury trial, injunctive relief, recall of infringing blenders and attorney's fees. 

Legal firms Sideman & Bancroft LLP, San Francisco, and Morris Nichols Arsht & Tunnell, Delaware, represent f'real in these cases, as they did in the successful case against Hamilton Beach and Hershey Creamery. 

About f'real foods, LLC
Established in 1998, f'real foods designs, sells and markets blended frozen beverages in more than 19,000 locations across the U.S. and Canada including convenience stores, military bases and colleges & universities. The patented in-store blending systems blends delicious and authentic milkshakes, smoothies and frozen coffee products at the touch of a button in under a minute! As the #1 frozen novelty offering in convenience stores, f'real's success can be attributed to continued innovation in the category and the quality of its products. f'real foods is a wholly-owned subsidiary of Rich Products Corporation and is based in Emeryville, CA. For more information, visit freal.com.

SOURCE f’real foods, LLC

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