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Hydration Labs, Inc. d/b/a Bevi v. Smart Soda Holdings, Inc.

Docket PGR2024-00002, Patent Trial and Appeal Board (Oct. 4, 2023)
Case TypePost Grant Review
Patent
11724927
Patent Owner Smart Soda Holdings, Inc.
Petitioner Hydration Labs, Inc. d/b/a Bevi
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8 Final Written Decision original: Final Written Decision original

Document PGR2024-00002, No. 8 Final Written Decision original - Final Written Decision original (P.T.A.B. Nov. 6, 2024)
A. Background and Summary Hydration Labs, Inc. d/b/a Bevi (“Petitioner”) filed a Petition requesting post-grant review of claims 1–20 of U.S. Patent No. 11,724,927 B2 (Ex. 1001, “the ’927 patent”).
The ’927 patent provides examples of “[d]ifferent flavored products (e.g., syrups) [that] may be suitable, including flavors such as cola, diet cola, root beer, ginger ale, lemon lime, orange, ginger beer, black cherry, raspberry, grapefruit, strawberry, etc.” Ex. 1001, 3:64–67.
With respect to flavor selection, Cimatti explains: Custom ingredients can include ... flavorings such as: branded beverage concentrate, plum, blueberry, mango, cherry, grape, kiwi, strawberry, lemon, lime, passion fruit, apple, melon, tangerine, raspberry, orange, pomegranate, pineapple, coconut, grapefruit, acai, watermelon, peach, or any combination thereof.
Patent 11,724,927 B2 mate, coca extract, ginger, chlorophyll, aloe, cinnamon, ginseng, or any combination thereof.
For function selection, Cimatti explains that “the ingredients can include minerals such as boron, phosphorus, titanium, chromium, manganese, iron, cobalt, nickel, copper, zinc, molybdenum, cadmium, aluminum.” Id. And Cimatti specifically notes that “[t]he ingredients can also include additives such as vitamins, electrolytes, energy, calm, protein, fiber, vitamins, antioxidants, sweeteners and other functional ingredients such as: calcium, sodium, potassium, bicarbonate, magnesium, caffeine, fiber, protein, taurine, ribose, omega 3, or any combination thereof.” Id. Petitioner additionally contends that Cimatti’s dispenser chooses from the multiple selectable reservoirs a flavor reservoir based on the selected flavor and a function reservoir based on the selected function and causes the beverage dispenser to generate an enhanced flavored mixture as recited in claim 1.
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7 Order Other: Order SCHEDULING ORDER

Document PGR2024-00002, No. 7 Order Other - Order SCHEDULING ORDER (P.T.A.B. Mar. 13, 2024)
For example, reasonable expenses and attorneys’ fees incurred by any party may be levied on a person who impedes, delays, or frustrates the fair examination of a witness.
To satisfy this requirement, Patent Owner should request a conference call with the Board no later than two weeks prior to DUE DATE 1.
The Board defines a LEAP practitioner as a patent agent or attorney having three (3) or fewer substantive oral arguments in any federal tribunal, including PTAB.
All practitioners are expected to have a command of the factual record, the applicable law, and Board procedures, as well as the authority to commit the party they represent.
Patent 11,724,927 B2 NOTE: If Patent Owner files neither of the above papers (a reply to the opposition or a revised motion to amend), and the Board has issued preliminary guidance, Petitioner may file a reply to the preliminary guidance, no later than three (3) weeks after DUE DATE 3.
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6 Institution Decision Grant: Institution Decision Grant

Document PGR2024-00002, No. 6 Institution Decision Grant - Institution Decision Grant (P.T.A.B. Mar. 13, 2024)
The ’927 patent provides examples of “[d]ifferent flavored products (e.g., syrups) [that] may be suitable, including flavors such as cola, diet cola, root beer, ginger ale, lemon lime, orange, ginger beer, black cherry, raspberry, grapefruit, strawberry, etc.” Ex. 1001, 3:64–67.
With respect to flavor selection, Cimatti explains: Custom ingredients can include ... flavorings such as: branded beverage concentrate, plum, blueberry, mango, cherry, grape, kiwi, strawberry, lemon, lime, passion fruit, apple, melon, tangerine, raspberry, orange, pomegranate, pineapple, coconut, grapefruit, acai, watermelon, peach, or any combination thereof.
For function selection, Cimatti explains that “the ingredients can include minerals such as boron, phosphorus, titanium, chromium, manganese, iron, cobalt, nickel, copper, zinc, molybdenum, cadmium, aluminum.” Id. And Cimatti specifically notes that “[t]he ingredients can also include additives such as vitamins, electrolytes, energy, calm, protein, fiber, vitamins, antioxidants, sweeteners and other functional ingredients such as: calcium, sodium, potassium, bicarbonate, magnesium, caffeine, fiber, protein, taurine, ribose, omega 3, or any combination thereof.” Id. Petitioner additionally contends that Cimatti’s dispenser chooses from the multiple selectable reservoirs a flavor reservoir based on the selected flavor and a function reservoir based on the selected function and causes the beverage dispenser to generate an enhanced flavored mixture as recited in claim 1.
After considering the evidence and arguments presented in the current record, we determine that Petitioner demonstrates that it is more likely than not that it would prevail in establishing that at least independent claims 1
We place Patent Owner on express notice that any argument not asserted in a timely-filed Response to the Petition, or in another manner permitted during trial, shall be deemed waived.
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3 Notice Notice filing date accorded: Notice Notice filing date accorded

Document PGR2024-00002, No. 3 Notice Notice filing date accorded - Notice Notice filing date accorded (P.T.A.B. Oct. 17, 2023)
For more information, please consult the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012), which is available on the Board Web site at http://www.uspto.gov/PTAB.
Patent Owner is advised of the requirement to submit mandatory notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of the petition.
The parties are advised that under 37 C.F.R. § 42.10(c), recognition of counsel pro hac vice requires a showing of good cause.
Many non-profit organizations, both inside and outside the intellectual property field, offer alternative dispute resolution services.
If the parties actually engage in alternative dispute resolution, the PTAB would be interested to learn what mechanism (e.g., arbitration,
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ON DEMAND FUNCTIONAL BEVERAGE DISPENSER

Docket 17/884,074, U.S. Patent Application (Aug. 9, 2022)
Art Group3754
Case TypeUtility - 222/001000
Class222
Patent
11724927
Lior Shafir
Applicant Smart Soda Holdings, Inc.
Assignee SMART SODA HOLDINGS, INC.
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4 Notice Power of Attorney: Notice Power of Attorney

Document PGR2024-00002, No. 4 Notice Power of Attorney - Notice Power of Attorney (P.T.A.B. Oct. 24, 2023)
HYDRATION LABS, INC. d/b/a BEVI, Petitioner
The individual signing below has the authority to execute this document on behalf of Smart Soda Holdings, Inc.
Date: October 24, 2023
Name: Lior Shafir Title: Co-Founder and CEO Smart Soda Holdings, Inc. Post-Grant Review of U.S. Patent No. 11,724,927
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5 Notice Mandatory Notice: Notice Mandatory Notice

Document PGR2024-00002, No. 5 Notice Mandatory Notice - Notice Mandatory Notice (P.T.A.B. Oct. 24, 2023)
Pursuant to 37 C.F.R. § 42.8, the patent owner, Smart Soda Holdings, Inc. (“Patent Owner”), hereby submits the following Mandatory Notices in response to the Petition for Post-Grant Review of U.S. Patent No. 11,724,927 (“the ’927 Patent”).
A. Real Party-In-Interest - 37 C.F.R. § 42.8(b)(1) The real party-in-interest is Smart Soda Holdings, Inc., a corporation organized under the laws of Delaware and having a principal place of business at 6095 Parkland Blvd, Suite 300, Mayfield Heights, 44124.
Related Matters - 37 C.F.R. § 42.8(b)(2) Patent Owner is not aware of any related matters that would affect, or be affected by, a decision in this proceeding.
Service Information - 37 C.F.R. § 42.8(b)(4) Please direct all correspondence regarding this proceeding to the lead and back-up counsel at the addresses listed above.
/Sarah L. Boone/ Sarah L. Boone, Reg. No. 81,167 Renner Otto 1621 Euclid Avenue, Floor 19 Cleveland, Ohio 44115 t: 216.736.3170 f: 216.621.6165 Attorneys for Patent Owner Patent Owner’s Mandatory Notices Post-Grant Review of U.S. Patent No. 11,724,927
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