Tekni-Plex et. al. v. Cain et. al

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    IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA

    TEKNI-PLEX, INC. and TRI-SEALHOLDINGS, INC.

    Plaintiffsv.

    R. MICHAEL CAIN and TAB-IT LLCDefendants

    )))))))

    COMPLAINT

    Civil Action No.

    JURY TRIAL DEMANDED

    1. Plaintiffs Tekni-Plex, Inc. and Tri-Seal Holdings, Inc. (hereinafter collectively"plaintiff') bring this action seeking a declaration, orders and award of monetary damages andinjunctive relief against defendants in order to, inter alia, halt defendants' misrepresentationsregarding ownership of plaintiff's proprietary technology and to correct inventorship of andaward ownership to plaintiff ofU.S. Patent No. 8,348,082 ("the ' 082 patent," attached as ExhibitA) and all U.S. and foreign counterpart applications and patents thereto (hereinafter collectively"the Patents").

    PARTIES2. Tekni-Plex, Inc. is a Delaware corporation having a place of business in King of

    Prussia, Pennsylvania. Tri-Seal Holdings, Inc. , a Delaware corporation and wholly ownedsubsidiary ofplaintiffTekni-Plex, Inc., is doing business in this District.

    3. Defendant Tab-IT, LLC is, and at all relevant times has been, a limited liabilitycompany organized and existing under the laws ofPennsylvania having its principal place ofbusiness in Mountville, Pennsylvania and conducting business generally in this District.

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    4. Defendant R. Michael Cain ("Cain") is an individual who, at all relevant times,has been residing and doing business in this District. On information and belief, Cain formed,organized and has, at all relevant times, been an officer and managing agent of defendant Tab-IT,LLC. Cain is the sole named inventor of the '082 patent and the Patents generally.

    JURISDICTION AND VENUE5. This is an action, inter alia, for Declaratory Judgment arising under 28 U.S.C.

    2201, 2202 and 35 U .S .C. 256 et seq., violation of the Lanham Act 15 U.S.C. 1125(a) et

    seq., violation ofthe Pennsylvania Uniform Trade Secrets Act, 12 Pa.C.S. 5301, 5302 et seq.,breach of contract, common law conversion and unfair competition

    6. Jurisdiction and venue are proper in this Court pursuant to 28 U.S.C. 1331,1338 and 1391.

    FACTS7. Plaintiff incorporates by reference each allegation contained in the paragraphs

    above as though fully set forth herein.8. Plaintiff, through one or more of its regular and full-time employees, including

    Patrick Santo Moschitto, originally conceived, designed, developed and reduced to practice anew, confidential and proprietary product design, structure and configuration comprising a pulltab innerseal and a method ofmanufacture therefor (hereinafter collectively "plaintiffsproprietary innerseal technology"). Substantially all of the details of and for the design,structure, composition and method of manufacture of plaintiffs proprietary innerseal technologyare described and claimed in the Patents including the '082 patent.

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    9. At and during the time that plaintiffs proprietary innerseal technology wasconceived, developed and reduced to practice, Cain was a full -time, regular employee of plaintiffand working with the design-and-development team, from whom Cain learned about saidtechnology together with plaintiffs confidential internal electronic and paper records.

    10. While Cain was employed by plaintiff, one of Cain' s duties was to work on theproject to develop plaintiffs proprietary innerseal technology, which Cain knew was confidentialand proprietary to plaintiff.

    11. At all relevant times , plaintiff required all employees involved with the

    proprietary innerseal technology to agree to maintain said technology in confidence and to assignany rights arising out of inventorship therein to plaintiff.

    12 . At all relevant times, Cain knew that plaintiffs proprietary innerseal technologywas confidential information proprietary to plaintiff and was not to be disclosed to or used byany third party including Cain without authorization from plaintiff.

    13 . In knowing violation of his obligations to plaintiff, Cain applied for the Patentsincluding the ' 082 patent in his own name as the purported sole inventor of an allegedinvention(s) that is comprised of plaintiffs proprietary innerseal technology.

    14. In knowing violation of his obligations to plaintiff, Cain caused the Patentsincluding the ' 082 patent to be applied for and issued naming himself as the sole inventor andfurther purporting to assign exclusive ownership of the Patents, including the ' 082 patent, toTab-IT, LLC.

    15 . On information and bel ief, Cain formed and is using defendant Tab-IT, LLC as avehicle for attempting to commercially exploit the Patents and the subject matter thereofincluding plaintiffs proprietary innerseal technology without authorization from plaintiff. In

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    furtherance of such attempted commercialization, Cain, alone or in conjunction with Tab-IT,LLC, has been and is misrepresenting to third parties and the public generally that Cain is thesole inventor of the subject matter of the Patents and that either Cain or Tab-IT, LLC is theowner of all intellectual property rights thereto.

    16. On information and belief, Cain and Tab-IT, LLC have attempted or areattempting to commercially exploit the Patents and the subject matter thereof by misrepresentingto third parties and the public generally that Cain or Tab-IT, LLC own exclusive rights to thePatents and offering rights of license to the Patents to third parties without authorization from

    plaintiff.17. On information and belief, Cain and Tab-IT, LLC have attempted or are

    attempting to sell or assign the Patents including the '082 patent to third parties bymisrepresenting to third parties and the public generally that Cain or Tab-IT, LLC own exclusiverights to the Patents including the '082 patent.

    18. On information and belief, Cain and Tab-IT, LLC are making, using, selling oroffering for sale, or assisting third parties in so doing, a product or process comprised ofplaintiffs proprietary innerseal technology and a product or process disclosed in or claimed bythe Patents including the '082 patent without authorization from plaintiff.

    COUNT I(35 U.S.C. 256, Declaratory Judgment Correcting lnventorship of the '082 Patent, AllOther Patents, and the Subject Matter Thereof)

    19. Plaintiff incorporates by reference each allegation contained in the paragraphsabove as though fully set forth herein.

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    20. This is a cause of action pursuant to 35 U.S.C. 256 and 28 U.S.C. 2201 , 2202seeking an order and declaration of correction of inventorship by the Court regarding the ' 082patent and the Patents generally. An actual controversy exists between plaintiff and defendantsregarding the inventorship of the ' 082 patent and the Patents generally.

    21. Inventorship of the '082 patent and the Patents should be corrected to namePatrick Santo Moschitto as inventor.

    22. Plaintiff is entitled to an order and declaration by the Court that corrects theinventorship ofthe '082 patent and the Patents.

    COUNT II(Declaratory Judgment Of Ownership ofOr Other Rights Under the '082 Patent And thePatents Generally)

    23. Plaintiff incorporates by reference each allegation contained in the paragraphsabove as though fully set forth herein.

    24. This is a cause of action pursuant to 28 U.S.C. 2201 , 2202 seeking an order anddeclaration of ownership of and other rights under the ' 082 patent and the Patents generally. Anactual controversy exists between plaintiff and defendants regarding ownership of the ' 082patent, the Patents generally and the subject matter thereof.

    25. Plaintiff is entitled to a declaration that plaintiff is the sole and exclusive owner oris a co-owner or licensee of the rights, title and interest, in under and to the ' 082 patent and thePatents.

    26. Plaintiff is entitled to a declaration that all ofthe subject matter ofthe ' 082 patentand the Patents generally is or was a confidential trade secret(s) owned by plaintiff, said tradesecret(s) being contained and disclosed in the ' 082 patent and the Patents generally.

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    27. To the extent that Cain might be found to have any rights in or to the ' 082 patentor the Patents, plaintiff is entitled to a declaration that Cain has assigned all such rights toplaintiff or, in the alternative, that plaintiff owns a shop right or perpetual non-exclusive licenseunder the '082 patent and the Patents.

    COUNT III(15 U.S.C. 1125(a), Unfair Competition And Misrepresentation As To The Nature, Kind

    Or Quality of Goods and Intellectual Property Rights Therein)28. Plaintiff incorporates by reference each allegation contained in the paragraphs

    above as though fully set forth herein.29. This is a cause of action for unfair competition arising out of defendants'

    misrepresentation to third parties, including prospective customers and direct competitors ofplaintiff, that Cain is the inventor of the ' 082 patent and the Patents, that Cain or Tab-IT, LLChave the right to license or assign rights under or ownership of the '082 patent and the Patents,

    and that Cain or Tab-IT, LLC have the right to make, use, sell or offer for sale products thatembody the subject matter ofthe ' 082 patent and the Patents.

    30. Such misrepresentations constitute a false and misleading misrepresentation as tothe nature, kind and quality ofplaintiffs and defendants ' products.

    31. Defendants' aforesaid misrepresentations are and have been willful and knowingand constitute unfair competition under the Lanham Act, 15 U.S.C. 1125(a).

    32. Defendants have made misrepresentations to prospective customers or directcompetitors ofplaintiff in the market for commercialization of innerseal products and therebyhave caused, are causing and will continue to cause plaintiff to suffer immediate irreparableharm and monetary damages.

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    COUNT IV(Trade Secrets Infringement, 12 Pa.C.S. 5301, 5302 et seq.)

    33. Plaintiff incorporates by reference each allegation contained in the paragraphsabove as though fully set forth herein.

    34. This is a cause of action for infringement of trade secrets pursuant to 12 Pa.C.S. 5301, 5302 et seq.

    35. The subject matter disclosed and claimed in the Patents was developed by Patrick

    Santo Moschitto on the premises of and utilizing the resources of plaintiffs developmentfacilities. At all relevant times, said development was conducted under conditions ofconfidentiality required by plaintiff of all employees working on plaintiffs regular business andproduct development, including plaintiffs proprietary innerseal technology.

    36. Defendants wrongfully usurped plaintiffs proprietary innerseal technology andcaused the subject matter thereof to be disclosed to the public without authorization fromplaintiff.

    37. Defendants' aforesaid unlawful conduct constitutes a theft of trade secrets inviolation of the Pennsylvania Uniform Trade Secrets Act, 12 Pa.C.S. 5301 , 5302 et seq.

    38. Defendants' aforesaid theft of trade secrets was willful and knowing.39. Plaintiff has suffered immediate irreparable harm and monetary damages and will

    continue to suffer such irreparable harm and damages as a result of Defendants ' aforesaidunlawful activities.

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    COUNTV

    (Common Law Fraud)40. Plaintiff incorporates by reference each allegation contained in the paragraphs

    above as though fully set forth herein.41. This is a cause of action for common law fraud. Cain clandestinely usurped

    plaintiffs trade secrets and purposely failed to advise plaintiff of his theft. Cain furtherpurposely failed to advise plaintiff that Cain was applying for patents that would publiclydisclose plaintiffs trade secrets. Cain further contacted plaintiff and proactively misrepresented

    that Cain owned intellectual property rights in a new product design that Cain allegedly haddeveloped on his own.

    42. On account ofCain' s misrepresentations and clandestine failures to disclose,plaintiff was unable to take proactive steps to prevent the wrongful public disclosure ofplaintiffs trade secrets.

    43. Defendants' aforesaid unlawful conduct constitutes a fraud under the commonlaw of Pennsylvania.

    44. Defendants' aforesaid unlawful conduct is and has been willful and knowing.45. Plaintiffhas suffered immediate irreparable harm and monetary damages and will

    continue to suffer such irreparable harm and damages as a result of Defendants' aforesaidunlawful activities.

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    COUNT VI(Breach of Contract)

    46. Plaintiff incorporates by reference each allegation contained in the paragraphsabove as though fully set forth herein.

    47. This is a cause of action for breach of contract.48. Upon his employment with plaintiff, Cain executed plaintiffs standard form

    employment contract containing the following terms, among others:Employee shall promptly disclose and assign to Employer all ofEmployee 's right,title and interest in and to any and all ofEmployee 's ideas, inventions,discoveries or creations which are or may become legally protectable orrecognized improvements thereto, including but not limited to designs, computerprograms, algorithms, methods, manufacturing techniques, writing, processes,formulas, illustrations, pictures and other works ofauthorship, illustrations andpictures which Employee, solely or jointly, has or may in the future have,conceived become acquainted with, made or reduced to practice or developed inwhole or in part on Employer time or as a result oj in relation to or in connectionwith Employee 's employment with Employer.49. Cain was bound by an agreement and obligation during and after the term of his

    employment with plaintiff to maintain confidential and not disclose to any third party or to usefor his own benefit any information that Cain learned about the development of new products onor at plaintiffs facilities, including pla int iffs proprietary innerseal technology. Cain is and wasfurther bound by an agreement to disclose and assign to plaintiff any concepts, developments andinventions he might have developed as an inventor or co-inventor regarding any productdeveloped on behalfof or at the facilities of plaintiff including plaintiffs proprietary innersealtechnology.

    50. Cain's aforesaid unlawful conduct constitutes a breach of contract under thecommon law ofPennsylvania.

    51. Cain's aforesaid unlawful conduct is and has been willful and knowing.

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    52. Plaintiff has suffered immediate irreparable harm and monetary damages and willcontinue to suffer such irreparable harm and damages as a result of Cain' s aforesaid unlawfulactivities.

    COUNT VII(Common Law Conversion of Trade Secrets)

    53. Plaintiff incorporates by reference each allegation contained in the paragraphsabove as though fully set forth herein.

    54. This is a cause of action for conversion of trade secrets under the common law ofPennsylvania.

    55. Defendants' aforesaid unlawful conduct is and has been willful and knowing.56. Plaintiff has suffered immediate irreparable harm and monetary damages and will

    continue to suffer such irreparable harm and damages as a result ofDefendants' aforesaidunlawful activities.

    COUNT VIII(Common Law Unfair Competition)

    57. Plaintiff incorporates by reference each and every allegation contained in theparagraphs above as though fully set forth herein.

    58. This is a cause of action for unfair competition under the common law ofPennsy1vania.

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    59. Through the use ofmisrepresentations, omissions, deceptive selling practices andother means, defendants have traded upon and misappropriated for their own benefit plaintiffsbusiness reputation and good will.

    60. Defendants' aforesaid unlawful conduct is and has been willful and knowing.61. Plaintiff has suffered immediate irreparable harm and monetary damages and will

    continue to suffer such irreparable harm and damages as a result ofDefendants' aforesaidunlawful activities.

    EXCEPTIONAL CASE62. Because ofDefendants' willful violation of35 U.S. C 256, this is an exceptional

    case under 35 U.S.C. 285 and Plaintiff is entitled to enhanced damages and attorney's feesincurred in connection with prosecuting this action.

    WHEREFORE, Plaintiff request that this Court enter judgment and orders:A. Correcting inventorship of the '082 patent and the subject matter thereof.B. Declaring that Plaintiff is the true and rightful owner, co-owner or royalty free

    licensee of and under the '082 patent and the Patents generally.C. Preliminarily and permanently enjoining and restraining Defendants and all those

    in active concert or privity with them from committing further violations of thelaw as stated above.

    D. Awarding Plaintiff monetary damages in an amount to be proven at trial.E. Declaring that this is an exceptional case and awarding Plaintiff its reasonable

    attorneys' fees and costs pursuant to 35 U.S. C. 285 and otherwise.

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    F. Granting Plaintiff such other and further relief as the Court deems just and proper.

    PLAINTIFF HEREBY DEMANDS A TRIAL BY JURY.

    Dated: August 5, 2013

    Respectfully submitted,

    ~ G - { _ _ ~ ~Bruce J. Chasan (PAID No. 29227)LAW OFFICES OF BRUCE J. CHASAN LLC1500 J.F.K. BoulevardTwo Penn Center, Suite 200Philadelphia, PA 191 02Tel: [email protected]

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    Exhibit "A"

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    c12) United States PatentCain

    (54) PULL-TAB SEALING MEMBER(75) Inventor: R. Michael Cain, Lancaster, PA (US)(73) Assignee: Tab It LLC, Mountville, PA (US)( *) Notice: Subject to any disclaimer, the term of thispatent is extended or adjusted under 35U.S.C. 154(b) by 157 days .(21) Appl. No.: 12/863,240(22) PCTFiled: Jan.19,2009(86) PCTNo.: PCT/US2009/031385

    371 (c)(l) ,(2), (4) Date: Dec. 7, 2010(87) PCT Pub. No.: W02009/092066PCT Pub. Date: Jul. 23, 2009(65) Prior Publication Da ta

    US 2011/0100989 Al May 5, 2011Related U.S. Application Data

    (60) Provisional application No. 61/022,046, filed on Jan.18,2008.

    (51) Int. Cl.B65D 17134 (2006.01)

    (52) U.S. Cl ...................... 220/359.2; 220/270; 215/232(58) Field of Classification Search .... ...... ........ 220/270,

    220/359.2, 359.3; 215/232, DIG. 2See application file for complete search history.(56) References Cited

    U.S. PATENT DOCUMENTS4,961 ,986 A5,433,992 A 10/ 1990 Gaida et al.7/ 1995 Gaida et al.

    111111 1111111111111111111111111111111111111111111111111111111111111US008348082B2

    (10) Patent No.: US 8,348,082 B2Jan.8 , 201345) Date of Patent:

    6,461,714 B1 + 10/2002 Giles ......... .................. 428/1262001 /0023870 AI+ 9/2001 Mihalov et al ............. 220/359.32006/0068163 AI 3/2006 Giles

    FOREIGN PATENT DOCUMENTSJP 02005093544 A + 412005wo 9325375 12/1993WO 2006108853 AI 10/2006* cited by examinerPrimary Examiner - J. Gregory PickettAssistant Examiner - Mollie Llewellyn(74) Attorney, Agent, or Firm - The Webb Law Firm

    (57) ABSTRACTA pull-tab sealing member includes a bottom laminate sheet,a top laminate sheet, and a tube portion.The bottom laminatesheet includes a support layer having a bottom surface facingthe container and a top surface on the opposite side thereof, alower polymer layer disposed on the bottom surface of thesupport layer, and an adhesive coating formed on a bottomsurface of the lower polymer layer for securing the bottomlaminate sheet to the container. The top laminate sheetincludes a polymer support having a bottom surface and a topsurface and an adhesive layer disposed on the bottom surfaceof the polymer support layer. The tube portion includes apolymer tubed layer secured to a portion of he top surface ofthe support layer of the bottom laminate sheet and a tubed tabportion formed integrally with the polymer tubed layer andsecured to a portion of the adhesive layer of the top laminatesheet. The support layer of the bottom laminate sheet issecured to the adhesive layer of the top laminate sheet by aremaining portion of the adhesive layer and the polymersupport layer, the tubed tab por:tion, and the portion of theadhesive layer therebetween form a tab portion.

    23 Claims, 4 Drawing Sheets

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    U.S. Patent Jan.8,2013 Sheet 1 of 4100

    /,---160~ - -

    FIG.JPRIOR ART

    FIG.2PRIOR ART

    US 8,348,082 B2

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    U.S. Patent Jan.8,2013 Sheet 2 of 4 US 8,348,082 B2

    303 350

    3 0 0 ~ ,----3/'.--04__ -..302

    301340

    FIG.3

    330

    FIG.4

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    U.S. Patent Jan.8,2013 Sheet 3 of 4

    FIG.5

    700~

    740

    FIG.7

    US 8,348,082 B2

    310'320'340'

    730o

    701

    )

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    U.S. Patent Jan.8,2013 Sheet 4 of 4 US 8,348,082 B2

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    US 8,348,082 B21

    PULL-TAB SEALINGMEMBERCROSS REFERENCE TO RELATED

    APPLICATIONS5

    2Accorcling]y, a need exists for an improved container seal

    which overcomes the above-described drawbacks and provides advantages compared to conventional container seals.

    SUMMARY OF THE INVENTIONThe present invention is directed to a pull-tab sealing mem

    ber configured to be secured to a lip around an opening of acontainer. The pull-tab sealing member includes a bottom

    This application claims benefit of U.S. Provisional PatentApplication No. 611022,046 entitled "Pull-Tab Sealing Member" filed Jan. 18, 2008, which is hereby incorporated byreference in its entirety.

    BACKGROUND OF THE INVENTION1. Field of the Invention

    10 laminate sheet, a top laminate sheet, and a tube portion. Thebottom laminate sheet includes a support layer having a bottom surface facing the container and a top surface on theopposite side thereof; a lower polymer layer disposed on theThe present invention relates, in general, to a sealing mem

    ber or closure for a container and, more particularly, to asealing member that includes a tab to facilitate removal of hesealing member.

    2. Description of Related Art

    15 bottom surface of the support layer and an adhesive coatingformed on a bottom surface of the lower polymer layer forsecuring the bottom laminate sheet to the container. The toplaminate sheet includes a polymer support having a bottomsurface and a top surface and an adhesive layer disposed on

    It is often desirable to seal a bottle, jar or other containerwith a closure to maintain freshness of he contents thereoforto indicate whether the conta.iner has been tampered with.However, it is also desirable that the closure be easy to remove

    20 the bottom surface of the polymer support layer. The tubeportion includes a polymer tubed layer secured to a portion ofthe top surface of the support layer of the bottom laminatesheet and a tubed tab portion formed integrally with theby the user. For example, U.S. Pat. No. 5,433,992 to GaJda et

    al. describes a top-tabbed closure for a container which has a 25membrane for sealing the container and a sheet which isbonded to the top of he membrane, in a manner which leavesa tab portion of he sheet free. A user seeking to gain access tothe contents of the container simply grips the tab with theirfingers and by pulling on the tab, which is connected to the 30sheet, can remove the entire closure and access the contents ofthe container in a relatively convenient manner.

    Referring generally to FIG. 1, a conventional top-tabbedclosure is shown generally at the top of a bottle 10 as container 35seal100. A cross-sectional view ofseal100, taken along line2-2 ofFIG. 1, which is not drawn to scale, is shown in FIG. 2.

    Seal100 includes a lower section 101, comprising a lowerlayer 110 which is formed of an adhesive, such as a hot meltadhesive or other sealants, for securing seal100 to the top of 40bottle 10. Lower section 101 also includes a foillayer120 anda polyethylene terephthalate (PET) layer 130 between foillayer 120 and lower layer 110. Seal100 also includes an uppersection 102 which includes an ethylene vinyl acetate (EVA)layer 170 having a PET top layer 180 disposed thereon. A 45bottom surface 150 of EVA layer 170 is surface treated andbonded to foil layer 120. Bottom surface 150 also bonds apaper release layer 140 to EVA layer 170.Thus, release layer140 prevents EVA layer 170 from being completely bondedtofoil layer 120 at lower surface 150.Bottom surface 150 only 50bonds EVA layer 170 to foil layer 120 up to a boundary line160 so as to permit a tab portion 200 to be graspable. However, this bond between upper section 102 and lower section101 is strong enough, so that pulling tab portion 200 canremove all of seal100 in one piece. 55Conventional container seals can exhibit disadvantages .For example, a paper release or information layer can besensitive to exposure to moisture. Additionally, the use ofPET release layers alone does not provide a fully satisfactory 60seal. Corrosionoffoillayers can also present a problem.Also,conventional closures typically require containers to havesmooth surfaces to insure proper bonding and release.Uneven heating during heat sealing steps has also occurred.Many closures will not separate from the container satisfac- 65torily when the tab is pulled, and tearing and unsatisfactorilyincomplete removal has occurred.

    polymer tubed layer and secured to a portion of the adhesivelayer of the top laminate sheet. The support layer of thebottom laminate sheet is secured to the adhesive layer of thetop laminate sheet by a remaining portion of the adhesivelayer; and the polymer support layer, the tubed tab portion,and the portion of he adhesive layer therebetween form a tabportion.

    A portion of the bottom laminate sheet may be secured to aportion of he top laminate sheet in a sufficiently strong manner, such that when the adhesive coating at the bottom surfaceof the lower polymer layer of the bottom laminate sheet issecured to the container, the bottom laminate sheet isremoved by pulling on the tab portion.

    The support layer may be formed from a metal foil. Thelower polymer layer may be formed from PET, nylon, polyethylene naphthalate (PEN), polypropylene, or any combination thereof. The adhesive coating may be heat-activated. Thepolymer support may be formed from PET, PEN, nylon, orany combination thereof. The adhesive layer may be one of apolyester coating, ethylene vinyl acetate, an ethylene-acrylicacid copolymer, and surlyn. The tube portion may be formedfrom PET. The tube portion may have words, symbols , logos,or any combination thereof printed thereon.

    The present invention is also clirected to a container sealedwith a pull-tab sealing member secured to a lip around anopening of the container. The pull-tab sealing memberincludes a bottom laminate sheet, a top laminate sheet, and atube portion. The bottom laminate sheet includes a supportlayer having a bottom surface facing the container and a topsurface on the opposite side thereof, a lower polymer layerdisposed on the bottom surface of the support layer, and anadhesive coating formed on a bottom surface of the lowerpolymer layer for securing the bottom laminate sheet to thecontainer. The top laminate sheet includes a polymer supporthaving a bottom surface and a top surface and an adhesivelayer disposed on the bottom surface of the polymer supportlayer. The tube portion includes a polymer tubed layersecured to a portion of the top surface of the support layer ofthe bottom laminate sheet and a tubed tab portion formedintegrally with the polymer tubed layer and secured to aportion of the adhesive layer of the top laminate sheet. Thesupport layer of the bottom laminate sheet is secured to theadhesive layer of the top laminate sheet by a remaining por-

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    US 8,348,082 B23

    tion of the adhesive layer, and the polymer support layer, thetubed tab portion, and the portion of the adhesive layer therebetween form a tab portion.

    The present invention is also a pull-tab sealing memberconfigured to be secured to a lip around an opening of acontainer. The pull-tab sealing member includes a bottomlaminate sheet and a tube member.The bottom laminate sheetincludes: a support layer having a bottom surface facing thecontainer and a top surface on the opposite side thereof; alower polymer layer disposed on the bottom surface of thesupport layer; and an adhesive coating formed on a bottomsurface of the lower polymer layer for securing the bottomlaminate sheet to the container. The tube member includes: a

    10

    4Seal 300 is constructed from a bottom laminate sheet 301and a top laminate sheet 302. Bottom sheet 301 includes a

    support layer 310 having a lower polymer layer 320 on theunderside thereof and a polymer tubed layer 330a on a portionof the top surface thereof. Support layer 310 may be formedof a moisture proof material such as aluminum foil or anyother suitable metal foil. Support layer 310 may be about0.0005 to 0.0020 inches thick.

    Lower polymer layer 320 may be formed of PET or anyother suitable material, and may have a thickness ranging

    polymer tubed layer secured to a portion of the top surface ofthe support layerof he bottom laminate sheet; and a tubed tab 15portion formed integrally with the polymer tubed layer. Thetubed tab portion of he tube member forms a tab portion suchthat when a force is applied to the tab portion, the bottomlaminate sheet is removed from the container.

    from about 0.0004 to 0.0015 inches. Other suitable materialsinclude nylon, PEN, and polypropylene. The bottom surfaceof bottom sheet 301 is coated with a sealant or adhesive 340.Sealant or adhesive 340 may be a heat-activated adhesive.Thetype of adhesive is based in part on the characteristics of thecontainer. Suitable adhesives (as used herein, the term sealantwill include adhesives suitable for adhering a container seal inaccordance with the present invention to a container) include

    These and other features and characteristics of the present 20invention, as well as the methods of operation and functionspolyester coatings, ethylene vinyl acetate, polypropylene,ethylene-acrylic acid copolymers, surlyn, and other materialsknown in the industry.of the related elements of structures and the combination ofparts and economies of manufacture, will become moreapparent upon consideration of he following description andthe appended claims with reference to the accompanyingdrawings, all of which form a part of this specification,wherein like reference numerals designate correspondingparts in the various figures.

    BRlEF DESCRlPTION OF THE DRAWINGSFIG. 1 is a perspective view of a conventional closuredisposed over the mouth of a bottle;FIG. 2 is a cross-sectional view of the closure of FIG. 1taken along line 2-2;FIG. 3 is a side cross-sectional view of a seal in accordancewith the present invention;FIG. 4 is a top plan view of a sheet used to form seals inaccordance with the present invention;FIG. 5 is a partially exploded cross-sectional view of thesheet ofFIG. 4 taken along line 5-5;FIG. 6 is a demonstrative perspective view of an apparatusconstructing sheets for forming container seals in accordancewith the present invention; andFIG. 7 is a side cross-sectional view of an alternativeembodiment of he seal in accordance with the present invention.

    DETAJLED DESCRlPTION OF THE PRESENTINVENTION

    Top laminate sheet 302 is formed with a polymer support350 that includes an adhesive layer 360 on a bottom surface25 thereof. Polymer support 350 may be formed from a strongheat resistant sheet-like material, which can maintain itsstrength at small thicknesses and which has high pullstrength. An example of such a material is PET and othersuitable materials include PEN and nylon.Adhesive layer 36030 is advantageously formed of any industry standard thermosetadhesive and may be from 0.0001 to 0.003 inches thick.Top sheet302 also includes a tubed tab portion330b, whichis integral with polymer tubed layer 330a adhered to bottomsheet 301. Tubed tab portion 330b is bonded to a portion of35 adhesive layer 360. The remainder of adhesive layer 360 isdirectly adhered to a top surface of support layer 310 ofbottom laminate sheet 301, thereby forming a joining portion304. Integral polymer tubed layer 330a and tubed tab portion330b are positioned such that they are folded up and away40 from bottom sheet 301 to provide a gripping tab portion 303for removing seal 300 from the top of the container oncedissected. A hollow boundary 305 exists at the interfacebetween gripping tab portion 303 and joining portion 304.Boundary 305 extends in a straight line from edge to edge of45 seal300. Boundary 305 is positioned at or near the middle ofseal300.A uniform bond strength is achieved by securing a portion

    of adhesive layer 360 to tubed tab portion 330b and securingthe remainder of the adhesive layer to the top surface of50 support layer 310. This uniform bond strength prevents toplaminate sheet 302 from de-laminating from bottom laminatesheet 301 when a user applies a force to gripping tab portion303.For purposes of the description hereinafter, the terms"upper", "lower", "right", "left", "vertical", "horizontal","top", "bottom", "lateral", "longitudinal", and derivativesthereof shall relate to the invention as it is oriented in the 55drawing figures. However, it is to be understood that theinvention may assume various alternative variations , exceptwhere expressly specified to the contrary. It is also to beunderstood that the specific devices illustrated in the attacheddrawings, and described in the following specification, are 60simply exemplary embodiments of the invention.

    Integral polymer tubed layer 330a and tubed tab portion330b are comprised of PET or a similar polymer that isextrudeable thermoplastic with heat resistance and relativeshrink-free features .It may be white colored or clear, and mayhave words, symbols, logos, or the like printed thereon . Theinterior surfaces of he integral polymer tubed layer 330a andtubed tab portion 330b may include a release agent formed ofa coat of release material 371 . Release material 371 mayA seal for a container constructed in accordance with thepresent invention is shown generally in FIG. 3 as seal 300.The relative thicknesses of the layers shown in FIG. 3 are notto scale. Furthermore, the construction shown is provided for 65purposes of illustration only, and is not intended to be construed in a limiting sense.

    include various known heat resistant coatings such as siliconerelease coatings.Bottom sheet 301 can be formed by adhering polymer layer320 to support layer 310 with an adhesive. Suitable adhesivesinclude ethylene acrylic acid copolymers, curable two-parturethane adhesives, and epoxy adhesives. As used herein, the

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    US 8,348,082 B25

    term adhesive will include curable adhesives, heat-activatedadhesives, and thermoplastics.6

    730 is comprised of PET or a similar polymer that is extrudeable thermoplastic with heat resistance and relative shrinkfree features.ith reference to FIG. 6, an apparatus in accordance withthe present invention for forming a laminated sheet fromwhich seals 300 can be obtained is shown generally as apparatus 600.The following example is provided for purposes of illus-

    5 tration only and is not intended to be construed in a limitingA bottom sheet 301' including a support layer 310' with a

    bottom polymer coat 320' having sealant 340' on the bottomsurface thereof is fed to a nip where a pressure roll 610 meetsa hotroll 620.A top sheet302' is also fed into the nip between 10pressure roll 610 and hot roll 620. Top sheet 302' includes asupport film 350' and an adhesive layer 360' on support film350'. Top sheet 302' is fed into the nip between rolls 610 and620 such that adhesive layer 360' faces support layer 310'.Strips of polymer tubing 330 are combined with and inserted 15between top sheet 302' and bottom sheet 301' in a parallelspaced arrangement. After heat from hot roll 620 joins topsheet 302', polymer tubing 330, and bottom sheet 301', alaminate sheet 400 results.

    sense.A 0.7 mm aluminum foil sheet was adhered to a 0.5 mmPET film with adhesive. A 1.5 mm sealant film was thenadhesive-laminated to the PET surface of the foil/PET laminate thereby forming a bottom sheet. The top sheet wasadhered to the bottom sheet with a thermal bonding processafter strips of PET tubing were inserted therebetween. Circu-lar seals, approximately 1.5 inches in diameter, were die cutfrom the strips, with a central region of he strip of PET tubingextending approximately down the midpoint of the circle, toyield tabs having a base running down the middle ofthe sealsfrom edge to edge.One advantageous method of attaching container seals inaccordance with the present invention to the tops of contain-Laminate sheet 400 is shown in plan view in FIG. 4 and incross-section in FIG. 5. The relative size of the layers is notshown to scale and top sheet 302' and bottom sheet 301' arenot shown in a fully laminated joined structure. Also, adhesive between the layers has not been shown. However, those

    20 ers is with heat activated adhesive.The adhesive can be heatedthrough induction heating by utilizing a metal foil support inthe bottom sheet of he seal, such as an aluminum foil supportsheet.of ordinary skill in the art would understand how to adhere 25these multiple layers. To form seals in accordance with thepresent invention, circular (or other appropriately shaped)portions 410 are diecutfromsheet400.As can be seen in FIG.4, a boundary 415 is established at the center of each strip ofpolymer tubing 330. When each circular portion 410 is die cut 30from sheet 400, the strip of polymer tubing 330 is cut througha center portion thereof (as shown by lines 505 in FIG. 5)creating a u-shaped structure formed of polymer tubed layer330a and tubed tab portion 330b. This u-shaped structurethereby forms tab portion 303. The inside surface of he strips 35of polymer tubing may be coated with a release agent 371'.An alternative embodiment of he seal of he present invention may be constructed without top laminate sheet 302. Withreference to FIG. 7, such a seal, denoted generally as reference numeral 700, is constructed from a bottom laminate 40sheet 701 and tube member 730. Bottom laminate sheet 701includes a support layer 710 having a lower polymer layer 720on the underside thereof and a polymer tubed layer 730a oftube member 730 on a portion of the top surface thereof. Aswith the embodiment shown in FIG. 3, support layer710 may 45be formed of a moisture proofmaterial such as aluminum foilor any other suitable metal foil. Support layer 710 may beabout 0.0005 to 0.0020 inches thick.Lower polymer layer 720 may be formed of PET or anyother suitable material, and may have a thickness ranging 50from about 0.0004 to 0.0015 inches. Other suitable materialsinclude nylon, PEN, and polypropylene. The bottom surfaceofbottom sheet 701 is coated with a sealant or adhesive 740.Sealant or adhesive 740 may be a heat-activated adhesive.Thetype of adhesive is based in part on the characteristics of the 55container. Suitable adhesives (as used herein, the term sealantwill include adhesives suitable for adhering a container seal inaccordance with the present invention to a container) includepolyester coatings, ethylene vinyl acetate, polypropylene,ethylene-acrylic acid copolymers, surlyn, and other materials 60known in the industry.Tubemember 730 further includes a tubed tab portion 730bthat is integral with polymer tubed layer 730a. Tube member730 is positioned such that it is folded up and away frombottom laminate sheet 701 such that tubed tap portion 730b 65provides a gripping tab portion 703 for removing seal 700from the top of the container once dissected. Tube member

    Container seals in accordance with preferred embodimentsof he invention were found to bond well to the top surface ofa container, without the need to oversize the seal and haveportions of the seal extend beyond the top edge of the container, providing a neater appearance. Container seals, inaccordance with the invention, were also found to provideadequate sealing even when the top surface of the containerwas not substantially smooth, such as in the caseofcontainershaving mold lines or other imperfections on the top surfacethereof. Container seals in accordance with the inventionwere also shown to exhibit substantially improved waterresistance compared to container seals in which paper isexposed or in which a metal foil surface is either exposed orcovered with only paper. Thus, container seals in accordancewith the invention were shown to exhibit reduced corrosionfrom exposure to water or juices.Although the invention has been described in detail for thepurpose of illustration based on what is currently consideredto be the most practical and preferred embodiments, it is to beunderstood that such detail is solely for that purpose and thatthe invention is not limited to the disclosed embodiments, but,on the contrary, is intended to cover modifications andequivalent arrangements. Furthermore, it is to be understoodthat the present invention contemplates that, to the extentpossible, one or more features of any embodiment can becombined with one or more features of any other embodiment.The invention claimed is:1. A pull-tab sealing member configured to be secured to alip around an opening of a container, the pull-tab sealingmember comprising:(a) a bottom laminate sheet comprising:a support layer having a bottom surface facing the container and a top surface on the opposite side thereof;a lower polymer layer disposed on the bottom surface ofthe support layer; andan adhesive coating formed on a bottom surface of thelower polymer layer for securing the bottom laminatesheet to the container;(b) a top laminate sheet comprising:a polymer support having a bottom surface and a topsurface; andan adhesive layer disposed on the bottom surface of thepolymer support layer; and

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    US 8,348,082 B27

    (c) a tube portion comprising:a polymer tubed layer having a bottom surface directlysecured to a portion of he top surface of the supportlayer of the bottom laminate sheet with an outer edge

    of he bottom surface ofthepolymertubed layer meeting and ending at an outer edge of the top surface ofthe bottom laminate sheet; and

    8wherein the support layer of the bottom laminate sheet is

    s e c u r ~ t? the adl?-esive layerof he top laminate sheet bya rema=g portiOn of the adhesive layer and the polymer support_layer, the tubed tab portion and the portionof the adhesive layer therebetween forms a tab portion.

    a tubed tab portion formed integrally with the polymertubed layer and secured to a portion of the adhesivelayer of the top laminate sheet,wherein the support layer of the bottom laminate sheet issecured to the adhesive layerof he top laminate sheet by

    11. The container o_f claim 10, wherein a portion of thebottom larrnnate sheet IS secured to a portion of the top laminate sheet in a sufficiently strong manner such that when theadhesive coating at the bottom surface of the lower polymerlayer of he bottom laminate sheet is secured to the container10 the ?ottom laminate sheet is removed by pulling on the tabpomon.

    a remaining portion of the adhesive layer and the poly mer support layer, the tubed tab portion and the portionof the adhesive layer therebetween form a tab portion. ! 5

    2. The pull-tab sealing member of claim 1, wherein aportion ofthe bottom laminate sheet is secured to a portion ofthe top laminate sheet in a sufficiently strong manner suchthat when the adhesive coating at the bottom surface of thelower polymer layerof he bottom laminate sheet is secured to 20the container, the bottom laminate sheet is removed by pulling on the tab portion.3. The pull-tab sealing member of claim 1, wherein thesupport layer is formed from a metal foil.4. The pull-tab sealing member of claim 1, wherein the 25lower polymer layer is formed from PET, nylon, PEN,polypropylene, or any combination thereof.5. The pull-tab sealing member of claim 1, wherein theadhesive coating is heat-activated.6. The pull-tab_ ealing member of claim 1, wherein the 30p o l y ~ e r support 1s formed from PET, PEN, nylon, or anycombination thereof.7. The pull-tab sealing member of claim 1 wherein theadhesive layer is one of a polyester coating, ;thylene vinylacetate, an ethylene-acrylic acid copolymer, and surlyn.8.The pull-tab sealingmemberof claim 1 wherein the tube 35portion is formed from PET. '9.The pull-tab sealingmemberof claim1 wherein the tubeportion has words, symbols, logos, or combination

    thereofprinted thereon.10. A container sealed with a pull-tab sealing member 40secured to a lip around an opening of the container, the pulltab memb er comprising:(a) a bottom laminate sheet comprising:a s u ~ p o r t layer having a bottom surface facing the contamer and a top surfa_e on the opposite side thereof; 45a lower polymer layer disposed on the bottom surface ofthe support layer; andan adhesive coating formed on a bottom surface of thelower polymer layer for securing the bottom laminatesheet to the container;(b) a top laminate sheet comprising: 50

    12.The container of claim 10, wherein the support layer isformed from a metal foil.13.The container of claim 1o wherein the lower polymerlayer !s fo_med from PET, nylon, PEN, polypropylene, or anycombmatwn thereof.14 . The container of claim 10, wherein the adhesive coating is heat-activated.. 15.The containerof claim 10,wherein the polymer supportIS formed from PET, PEN, nylon, or any combination thereof.16.The containerofclaim 10,wherein the adhesive layer isone of a ~ o l y ~ s t e r coating, ethylene vinyl acetate, an ethylene-acrylic acid copolymer, and surlyn.

    17. The container of claim 10, wherein the tube portion isformed from PET.18. The containerof claim 10, wherein the tube portion haswords, symbols, logos, or any combination thereof printedthereon.A pull-tab sealing member configured to be secured toa hp around an opening of a container, the pull-tab sealingmember comprising:(a) a bottom laminate sheet comprising:a s u ~ p o r t layer having a bottom surface facing the contamer and a top surface on the opposite side thereofa lower polymer layer disposed on the bottom surface ofthe support layer; andan adhesive coating formed on a bottom surface of thelower polymer layer for securing the bottom laminatesheet to the container; and(b) a tube member comprising:a polymer tubed layer having a bottom surface directlysecured to a portion of the top surface of the supportlayer of the bottom laminate sheet with an outer edge

    of the bottom surface of the polymer tubed layer mand ending at an outer edge of the top surface of thebottom laminate sheet; anda tubed tab portion formed integrally with the polymertubed layer,wherein the tubed tab portion of the tube member forms atab ~ o r t i o n such that when a force is applied to the tabportlon, the bottom laminate sheet is removed from thecontainer.20. The pull-tab sealing member of claim 19 wherein thetube portion is formed from PET. 'a polymer support having a bottom surface and a top

    surface; andan adhesive layer disposed on the bottom surface of thepolymer support layer; and(c ) a tube portion comprising:

    21. The pull-tab sealing member of claim 1, wherein thebottom surface of he polymer tubed layer is in contact withonly the o ~ i o n of the top surface of the support layer of the

    55 bottom larrnnate sheet to which it is secured.22 .The container of claim 10, wherein the bottom surfaceof the polymer tubed layer is in contact with only the portionof the top surface of he support layer of the bottom laminatesheet to which it is secured.a polymer tubed layer having a bottom surface directlysecured to a portion of the top surface of the supportlayerof he bottom laminate sheet with an outer edgeof he bottom surface of the polymer tubed layer meeting and ending at an outer edge of the top surface of 60the bottom laminate sheet; anda tubed tab portion formed integrally with the polymertubed layer and secured to a portion of the adhesivelayer of the top laminate sheet,

    23. The pull-tab sealing member of claim 19, wherein thebottom surface of the polymer tubed layer is in contact withonly the p o ~ i o n of he top surface of the support layer of thebottom larrnnate sheet to which it is secured.* * * * *

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    PATENT NO .APPLICATION NO.DATEDINVENTOR(S)

    UNITED STATES PATENT AND TRADEMARK OFFICECERTIFICATE OF CORRECTION

    : 8,348 ,082 B2: 12/863240: January 8, 2013: R. Michael Cain

    Page 1 of

    It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:

    Column 8, Line 42, Claim 19, delete "m" and insert-- meeting--

    Signed and Sealed thisTwenty-sixth Day ofFebruary, 2013

    Teresa Stanek Rea