Case: 1:17-cv-01326 Document #: 1 Filed: 02/21/17 Page 1 of 18 PageID #:1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

McCAIN FOODS LIMITED, )

)
Plaintiff, )
v. ) Civil Action No. ________
17-1326
)
J.R. SIMPLOT COMPANY, ) COMPLAINT
) FOR PATENT INFRINGEMENT
Defendant. ) WITH JURY DEMAND
)
)
)

Plaintiff McCain Foods Limited, for its Complaint against J.R. Simplot

Company alleges as follows:

INTRODUCTION
1. This is an action to cease the unlawful and infringing activities of J.R.

Simplot Company in the manufacture and sale of its frozen potato products.

THE PARTIES
2. Plaintiff McCain Foods Limited (McCain or Plaintiff) is a

company existing under the laws of the Province of New Brunswick, Canada

having a corporate office and principal place of business at 439 King Street West,

5th Floor, Toronto, ON, Canada M5V 1K4. McCain is one of the worlds largest

suppliers of French fry and potato products.

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3. Defendant J.R. Simplot Company (Simplot or Defendant) is a

Nevada corporation having a principal place of business at 999 W. Main Street,

Boise, Idaho 83702.

JURISDICTION AND VENUE

4. This action involves statutory questions and claims arising under the

laws of the United States. This Court has jurisdiction over the subject matter of

this action pursuant to 35 U.S.C. 271, et. seq., and 28 U.S.C. 1331 and 1338.

5. Personal jurisdiction exists over Simplot because Simplot has

minimum contacts with this forum as a result of substantial business regularly

conducted or solicited within this district. Moreover, Simplot has placed its

products within the stream of commerce, which stream is directed at this district.

6. Simplot manufactures French fry and potato products in plants located

throughout the United States, and these products are sold within this district and

elsewhere around the country.

7. Venue is proper in this Court under 28 U.S.C. 1391 and 1400, as

Simplot resides in this district and the wrongful acts giving rise to McCains claims

have occurred in this district.

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BACKGROUND
8. McCain was founded in 1957 by brothers, Harrison and Wallace

McCain, with the opening of the first production facility in their hometown of

Florenceville, New Brunswick, Canada. Since its humble beginnings, McCain has

become one of the worlds largest manufacturers of frozen French fries and potato

specialties. McCain also produces other foods, including appetizers, snacks, meals

and vegetables for both the retail and foodservice industries. On February 23,

2017, McCain will celebrate its 60th anniversary.

9. McCains operations have grown significantly over the years, from 30

employees and global sales of CDN$150,000, to now employing more than 20,000

people with global sales of CDN$8.5 billion. McCain operates across six

continents with 47 sites, working with farmers around the world and processing

over 6.5 million tons of potatoes every year.

10. McCain has significant operations in the United States through its

subsidiary, McCain Foods USA, Inc., which has a corporate office and principal

place of business at 2275 Cabot Drive, Lisle, Illinois 60532. McCains products

are manufactured at several facilities throughout the United States.

11. Throughout its existence, McCain has been at the forefront of frozen

potato innovation. McCain invests heavily in developing state-of-the-art

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production equipment and foodstuffs. McCain has a Research and Development

function and an Intellectual Property Panel Innovation Technology Council that

oversees the Companys substantial research and development efforts. As a result

of its substantial investment in research and development, McCain has been

awarded numerous utility and design patents. In addition to its patents, McCain

has other valuable intellectual property including trade secrets, trademarks and

trade dress. McCains valuable intellectual property rights serve to distinguish

McCain from its competitors.

12. Unfortunately, McCains success in innovation and design has also

resulted in imitation, copying and unlawful piggybacking on McCains investment

in delivering high quality products to the members of the consuming public.

13. As a direct result of the time, investment and commitment to

innovation, McCain is the assignee and owner of all right, title and interest,

including the right to recover for past infringement, in United States Patent

No. 6,821,540 (the 540 Patent) entitled Process for Treating Vegetables and

Fruit Before Cooking. The 540 Patent was duly and legally issued on

November 23, 2004 by the United States Patent and Trademark Office (USPTO), a

true and correct copy of which is attached hereto as Exhibit A and by reference is

herein incorporated.

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14. McCain is also the assignee and owner of all right, title and interest,

including the right to recover for past infringement, in United States Patent

No. D720,916 (the 916 Patent) entitled Root Vegetable Product. The

916 Patent was duly and legally issued on January 13, 2015 by the USPTO, a true

and correct copy of which is attached hereto as Exhibit B and by reference is

herein incorporated.

DEFENDANTS INFRINGING MANUFACTURING ACTIVITIES

The 540 Patent

15. Simplot manufactures French fry and potato products in plants located

throughout the United States. These products are sold within the state of Illinois,

within this judicial district, and elsewhere around the country. Simplot competes

with McCain in the sale of French fry and potato products.

16. On information and belief, as set forth more fully below, to

manufacture its French fry and potato products, Simplot uses a process that

infringes one or more claims of the 540 Patent.

17. The 540 Patent is generally directed to a pulsed electric field process

for treating vegetables and/or fruit before cooking in order to reduce their

resistance to cutting. The process includes applying a high electric field to the

vegetables and/or fruit under such conditions that a resulting temperature increase

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of the vegetables and/or fruit is almost zero, or low enough as to not amount to a

preheating step.

18. Independent claim 1 of the 540 Patent is representative and recites:

A process for treating vegetables and fruit before cooking

in order to reduce their resistance to cutting,
characterized by the application of a high electric field
directly to the vegetables and/or fruit under conditions
such that the resulting increase in the temperature of the
vegetables and/or fruit is almost zero or at least
sufficiently low as to not amount to a preheating step.

19. On information and belief, Simplot uses pulsed electric field (PEF)

systems in its United States plants to process potato products that are sold in this

judicial district and throughout the United States. On information and belief, at

least some of these PEF systems have been supplied and/or designed by an entity

called Elea Gmbh (Elea).

20. Product literature from Elea describing its PEF systems is attached

hereto as Exhibit C and by this reference is incorporated herein. Screenshots of a

YouTube video describing Eleas PEF systems are attached hereto as Exhibit D

and by this reference are incorporated herein.

21. As demonstrated by the product literature and YouTube video in

Exhibits C and D, the PEF systems Simplot is using infringe one more claims of

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the 540 patent. For example, these materials demonstrate that the systems are

used for the treatment of tubers, roots, vegetables and fruits.

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22. The PEF systems Simplot is using are used to treat vegetables and

fruits before cooking in order to reduce their resistance to cutting. For example, in

Exhibit C at page 4, the use of a SmoothCut PEF system is described to provide

cutting improvement and better cuts. Moreover, in Exhibit D the PEF system

Simplot is using is described to cause potato cells to become softer[,] making the

product much easier to process.

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23. The PEF systems utilized by Simplot are used to apply a high electric

field directly to vegetables and/or fruit. For example in Exhibit C at page 3, the

system is described with a pulse generator and electrodes for applying a high

electric field to vegetables and fruit. Such a process is confirmed in Exhibit D

which shows the application of electric field pulses directly to potatoes.

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24. As set forth in Exhibit C at page 3, in the PEF systems Simplot is

using, the high electric field is applied under conditions such that the resulting

increase in the temperature of the vegetables and/or fruit is almost zero or at least

sufficiently low as to not amount to a preheating step.

DEFENDANTS COPYCAT POTATO SHAPE

The 916 Patent

25. Not only is Simplot using a process that belongs to McCain, it is

copying proprietary McCain designs.

26. The French fry and potato products manufactured by Simplot within

the United States include its SIDEWINDERSTM branded potato products.

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27. Upon information and belief, Simplot began selling the

SIDEWINDERSTM potato products in 2013. These potato products are sold in all

fifty states, in this judicial district and internationally.

28. As set forth more fully below, by developing, manufacturing,

distributing, and selling the SIDEWINDERSTM potato products, Simplot has

infringed and is now infringing the claim of the 916 Patent.

29. The 916 Patent discloses and claims an ornamental design for a root

vegetable product. The claimed ornamental design is illustrated in Figures 1-7 of

the 916 Patent, as set forth in Exhibit B at pages 2-3.

30. Simplots SIDEWINDERSTM potato products use the same design

claimed in the 916 Patent, and the resemblance between the claimed design and

the design of the SIDEWINDERSTM potato products is deceiving to the ordinary

observer. The resemblance between the claimed design and the design of the

SIDEWINDERSTM potato products can be seen in the following side-by-side

comparison:

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McCAINS 916 PATENT SIMPLOT SIDEWINDERSTM

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COUNT ONE - PATENT INFRINGEMENT

Infringement of U.S. Patent No. 6,821,540
31. McCain realleges, adopts, and incorporates by reference the

allegations included within paragraphs 1 through 30 as if fully set forth herein.

32. On information and belief, Simplot has directly infringed the 540

Patent by using PEF systems in the United States, without authority, in a manner

that infringes at least claim 1 of the 540 Patent to the injury of McCain.

33. Simplot is liable for infringement of the 540 Patent pursuant to 35

U.S.C. 271.

34. As a result of Simplots infringement of the 540 Patent, McCain has

suffered and will continue to suffer monetary damages, including lost profits

and/or a reasonable royalty, that are compensable under 35 U.S.C. 284 in an

amount to be determined at trial.

35. Unless an injunction is issued enjoining Simplot and its agents,

servants, employees, attorneys, representatives, affiliates, and all others acting on

its behalf from infringing the 540 Patent, McCain will continue to be greatly and

irreparably harmed.

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COUNT TWO - PATENT INFRINGEMENT

Infringement of U.S. Patent No. D720,916
36. McCain realleges, adopts, and incorporates by reference the

allegations included within paragraphs 1 through 35 as if fully set forth herein.

37. By developing, manufacturing, distributing, and selling the

SIDEWINDERSTM potato products in the United States, without authority, Simplot

has directly infringed the claim of the 916 Patent to the injury of McCain.

38. Simplot is liable for infringement of the 916 Patent pursuant to 35

U.S.C. 271.

39. Simplots infringement of the 916 Patent has been willful and

deliberate. Simplot had actual knowledge of the 916 Patent prior to the filing of

this lawsuit, and at least as early as August 4, 2016. On that date, the USPTO cited

the 916 Patent in the prosecution of Simplots U.S. Patent Application

No. 29/543,939, which later issued as U.S. Patent No. D766,542 (the 542

Patent). The 542 Patent lists the 916 Patent on its face.

40. As a result of Simplots infringement of the 916 Patent, McCain has

suffered and will continue to suffer monetary damages, including lost profits

and/or a reasonable royalty, that are compensable under 35 U.S.C. 284 in an

amount to be determined.

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41. On information and belief, Simplots infringement of the 916 Patent

has been and continues to be deliberate, willful, intentional, and with knowledge of

the existence of the 916 Patent, such that McCain is entitled to enhanced damages

and to recover its attorneys fees and other expenses of litigation pursuant to 35

U.S.C. 284 and 285.

42. On information and belief, Simplot knew of the 916 Patent and has

disregarded, and continues to disregard, an objectively high likelihood that its

actions infringe the 916 Patent. Simplot knew or should have known of the risk

that its actions infringe the 916 Patent.

43. Unless an injunction is issued enjoining Simplot and its agents,

servants, employees, attorneys, representatives, affiliates, and all others acting on

its behalf from infringing the 916 Patent, McCain will continue to be greatly and

irreparably harmed.

PRAYER FOR RELIEF

McCain respectfully requests the following relief:

(a) Judgment for McCain and against Simplot on all Counts

asserted herein;

(b) Permanent injunctive relief enjoining Simplot and its agents,

servants, employees, attorneys, representatives, affiliates, and all others acting on

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its behalf or in active concert or participation with them from infringement of the

540 and 916 Patents;

(c) Damages to which McCain is entitled including without

limitation as provided under 35 U.S.C. 284;

(d) Actual, statutory, and compensatory damages as proven at trial;

(e) Enhanced damages in an amount equal to three times McCains

damages for Simplots willful infringement of the 916 Patent pursuant to 35

U.S.C. 284;

(f) Pre-judgment and post-judgment interest;

(g) That the Court find that this is an exceptional case within the

meaning of 35 U.S.C. 285;

(h) McCains costs, expenses, and reasonable attorneys fees and

litigation expenses incurred in this action; and

(i) Such other relief as the Court may deem just and proper.

JURY DEMAND
McCain requests a trial by jury on all issues so triable pursuant to Federal

Rule of Civil Procedure 38.

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JONES DAY

/s/ Meredith M. Wilkes

Meredith M. Wilkes (90785056)
David B. Cochran (pro hac vice to be filed)
John C. Evans (pro hac vice to be filed)
901 Lakeside Avenue
Cleveland, OH 44114
(216) 586-7231
mwilkes@jonesday.com

John A. Marlott (06230613)

77 West Wacker Drive
Chicago, IL 60601
(312) 269-4236
jamarlott@jonesday.com

Joshua R. Nightingale (pro hac vice to be

filed)
500 Grant Street, Suite 4500
Pittsburgh, PA 15219

Attorneys for McCain Foods Limited

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EXHIBIT A
 Case: 1:17-cv-01326 Document #: 1-1 Filed: 02/21/17 Page 2 of 5 PageID #:20
US006821540B2

(12) United States Patent (10) Patent No.: US 6,821,540 B2

Cousin et al. (45) Date of Patent: Nov. 23, 2004

(54) PROCESS FOR TREATING VEGETABLES (58) Field of Search ................................. 426/237, 615,
AND FRUIT BEFORE COOKING 426/518; 83/195.15
(75) Inventors: Jean-Francois Cousin, Lille (FR); (56) References Cited
Fabrice Desailly, Vimy (FR); Adeline
Goullieux, Mareuil la Motte (FR); U.S. PATENT DOCUMENTS
Jean-Pierre Pain, Le Meux (FR) 3,997,678 A 12/1976 Vigerstrom
6,093,432 A * 7/2000 Mittal et al. ................ 426/237
(73) Assignee: Foods Limited, Florenceville FOREIGN PATENT DOCUMENTS
FR 2 250 483 A 6/1975
(*) Notice: Subject to any disclaimer, the term of this GB 2 122 870 A 1/1984
patent is extended or adjusted under 35 OTHER PUBLICATIONS
U.S.C. 154(b) by 170 days.
DeBelle, Nele et al. 2000. J. Plant Physiol. vol. 157, pp.
(21) Appl. No.: 10/326,145 263272.*
Rastogi, N. K. et al. 1999. J. Food Science
(22) Filed: Dec. 23, 2002 64(6)10201023.
(65) Prior Publication Data * cited by examiner
US 2003/0165608 A1 Sep. 4, 2003 Primary ExaminerCarolyn Paden
(74) Attorney, Agent, or FirmBereskin & Parr
Related U.S. Application Data
(57) ABSTRACT
(63) Continuation of application No. PCT/CA01/00917, filed on A process for treating vegetables and fruit in order to reduce
Jun. 20, 2001.
their resistance to cutting. Treatment involves the applica
(30) Foreign Application Priority Data tion of a high electric field directly to the vegetables and
Jun. 21, 2000 (FR) ............................................ 00 07948 fruit, under such conditions that the resulting temperature
increase for the vegetables and fruit is almost zero and at any
(51) Int. Cl." ............................ A23N 7/00; A23N 7/02; rate, sufficiently low not to amount to a preheating step.
A23B 4/015
(52) U.S. Cl. ........................ 426/237; 426/518; 426/615 6 Claims, 1 Drawing Sheet
Case: 1:17-cv-01326 Document #: 1-1 Filed: 02/21/17 Page 3 of 5 PageID #:21
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US 6,821,540 B2
1 2
PROCESS FOR TREATING VEGETABLES
AND FRUIT BEFORE COOKING
This application is a continuation of international appli
cation number PCTCA01/009917, filed Jun. 20, 2001.
FIELD OF THE INVENTION
This invention concerns a process for treating tubers or
roots, and more generally, vegetables and fruit such as
potato, beet, turnip, carrot, Salsify etc., before cooking.
BACKGROUND OF THE INVENTION
The invention applies particularly, but not exclusively, to
the processing of potato tubers in the production of French
fries.
Traditionally, the processing of vegetables includes a
sequence of automated stages, during which vegetable
tubers or roots are washed, peeled, size-sorted, cut,
blanched, dried, possibly immersed in frying oils, frozen and
packed. In the cutting stage, the vegetables are sliced into
pieces, rings, or specifically as relates to French fries, into
strips.
By way of example, the description below will particu
larity focus on the processing of potato tubers intended to
make French fries, which is a preferred application of the
process of this invention.
In order to ease tuber cutting, in other words, to reduce
resistance to cutting, tubers traditionally are submitted to
heat processing, which increases their flexibility. Typically,
the tubers are directed toward a horizontal cylindrical tank,
which is equipped with an endless screw, and contains water
heated to a temperature of 40 to 60 C., where they are left
for a period of 20 to 40 minutes. This process of preparing
the tuber for cutting through heat processing, requires a
major volume of water (from 25 to 30 cubic meters of water
for an automated line producing 15 tonnes of finished
product per hour); this volume of water also has to be
renewed, heated and maintained at the appropriate tempera
ture.
This typical process has a number of drawbacks, includ
ing:
At the surface of the tuber, a cooking ring is produced, due
to starch gelatinization. This degrades the quality of the
finished product in terms of texture and colour. The
colour difference of the cook ring is viewed as a defect
to be eliminated, which results in a loss of material;
Losses resulting from dissolution of tuber material in the
water;
Odors that may develop due to bacterial activity in the
water and biological reactions;
Processing which is not homogenous, since it operates
through diffusion toward the inside of the tubers; a
desired inside temperature is reached more rapidly in
small tubers than in medium or large tubers.
Pre-treatment to reduce the tubers resistance to cutting is
necessary to ease the action of cutting tools, avoid twisting
of the cut strips or a poor cut, as well as damage to the
cutting knives. Inappropriate pre-treatment may result in a
non-shear cut, and a shattering or crushing effect, that
appears on the sliced strips as slits that are likely to make the
strips fragile. Non-shear cutting means a major deterioration
of the vegetable cells in the product, and therefore, large loss
of material due to deteriorated cells. If a strip breaks below
a minimal desired length, lit will have to be eliminated or
directed to a stream for by-product processing. Also, slits
that appear during non-shear cutting will take on a brown
discoloration during the cooking process; that harms the
product appearance and increases oil absorption.
It would be desirable to submit tubers to treatment that
will prepare them for cutting, and is efficient; in other words,
a kind of treatment which avoids the shattering effect,
while minimizing or even eliminating the drawbacks that
were mentioned about traditional preheating.
To overcome the limitations of conventional methods of
10 pretreating tubers, solutions involving electrical processes
were investigated.
The application of pulsed electric fields is known in
various areas of food product processing, for example food
industry, specifically for sugar extraction from beets, or
15 sterilization of food products.
U.S. Pat. No. 3,997,678 (Vigerstrom) discloses a process
for processing potato tubers that are intended to be made into
French fries. The process includes a blanching stage
between the cutting and the immersion into frying oil, during
20 which the strips are immersed in a bath of water and heated
until sterilization is achieved by application of an electric
field through electrodes immersed in the water.
Traditionally, a blanching or precooking stage is included in
processes for making tubers into fries. It is meant to reduce
25 the temperature or the frying time, and consists in a pre
heating stage, in order to extract reducing Sugars and inac
tivate enzymes. It is seen as a gelatinization of starch.
In contrast to the process that is disclosed in U.S. Pat. No.
3,997,678, in which the application of an electric field
30 occurs following cutting to heat and sterilize the product, the
present invention focuses on treatment before cutting, to
reduce the tuber resistance to cutting.
SUMMARY OF THE INVENTION
35
The invention provides a process that includes, as well
known, a treatment stage for tubers or roots, and more
generally, of vegetables and fruit in order to reduce their
resistance to cutting, and thus reduce any loss of material
during subsequent stages of the manufacturing process.
40
According to the invention, said stage consists in the
application of a high electric field directly to vegetables and
fruit, under such conditions that the resulting temperature
increase for the vegetables and fruit is almost zero or at least
45
sufficiently low as not to amount to a preheating stage. The
application of a high electric field, such as is used for
extracting sugar from beet and precooking fries, translates to
vegetables and fruit, and particularly to potato tubers, with
the effect of softening which is favourable to shear cutting
50
during subsequent stages for transforming the tubers into fry
strips. The process is found to be insensitive to tuber
volume, whatever the size of the tuber, with the absence of
any noticeable elevation of the tuber temperature; as such no
cooking ring is formed that would lead to loss of material as
55
occurs in the case of heat processing.
Tests have shown that, to obtain optimal cutting, tubers
should be immersed in water and an electric field of 46 to 65
V/cm applied between electrodes in the water, during a
period of between 3 and 5 seconds.
60
BRIEF DESCRIPTION OF DRAWING
Other features and advantages of the invention will appear
from the following description of a preferred embodiment
which is given as a non-limiting example of a process
65 according to the invention.
In the enclosed drawing, the single figure schematically
represents an apparatus for carrying out the process.
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US 6,821,540 B2
3 4
DESCRIPTION OF PREFERRED EMBODIMENT
The following description relates to treatment of tubers or
roots, specifically potato tubers intended for French fry
manufacturing. However, it should be understood that all
that follows may be generally applied to vegetables and fruit
intended to be cut.
After being peeled, the tubers or roots are immersed in
water 1 in a tank 2 that is electrically isolated, and in which
two electrodes 3, 4 made of titanium for instance, are
immersed.
Appropriate systems such as wheels, screws, pipes or
conveyors, may be used to continuously transport the tubers
through the space between the electrodes.
The water conductivity is adjusted to be close to, and
preferably below, the conductivity of tubers or roots, in order
to limit any water heating. For instance, the water conduc
tivity is set to be below about 0.020 S/m.
Preferably, treatment is performed at a low frequency, for
instance, 50 or 60 Hz.
As an example, for potato tubers, an electric field between
45 and 65 V/cm is applied to electrodes 3, 4 during periods
of from 3 to 5 seconds.
For an electric field of 65 V/m applied for 5 seconds, the
increase in temperature found for the water/tuber mixture is
5.6 C.
For an electric field of 45 V/cm applied for 3 seconds, this
temperature increase is then only 1.6C.; in other words, the
temperature increase is still sufficiently low that it produces
neither any loss of material into the water, nor any cooking
ring.
Precisely determining the voltage applied, and the appli
cation period, depends on the potato variety. The electrical
processing has an impact on the colour, the texture and the
taste of the finished product.
Comparative tests performed on different potato varieties
(Bintje, Russet Burbank, Premiere varieties) have shown,
following electrical processing, a quality of cutting which is
at least equal to that obtained following traditional heat
processing. Based on a sample strip which was heat
processed, to which a sensorial score (tactile appreciation of
the roughness of the strip edge) of 2.5 was given, tests with
electric field pre-treatment gave a similar sensorial score of
3.5 for all varieties tested. It was also noted that the quality
of cutting increased as the electric field increased.
These qualitative assessments were performed together
with quantitative texture measurements, performed with a
texturometer; a device that allows quantification of the
tuber resistance to slicing. Results showed that the energy
that is necessary to slice tubers which have been electrically
processed is similar to the energy necessary to slice heat
processed tubers.
Also, it was found that the energy at slicing decreased
with an increase in electric field.
This definitely proves the efficiency of an electric field,
which is applied under the conditions of the invention.
In addition to guaranteeing a shear cut, electrical process
ing according to the invention has several advantages,
including:
The consumption of a reduced volume of water (renewed
at a lower rate), since there is no need to maintain a
given temperature, and since the material, not being
cooked, and therefore no longer has a tendency to
dissolve in the water;
A very short processing period (3 to 5 seconds, compared
to the 20 to 40 minutes that are necessary for heat
processing);
Homogenous processing in volume, whatever the tuber
size;
10
Substantial energy savings. The energy consumed during
heat processing is about 40 Wh/kg, whereas energy
consumed during electrical processing is about 6
Wh/kg;
Electrical treatment before cutting increases enzymatic
15 inactivation performed during blanching.
Electrical treatment also helps reduce the blanching time
before frying, and thereby loss of material (hydrocarbons
and starch) dissolved in the water because of precooking
performed during the blanching stage.
20 Obviously, the invention is not limited to the embodiment
described, and many modifications may be made, while
keeping within this invention.
In particular, while the above example concerns the
processing of potato tubers for French fry manufacturing, it
25 would be easy for a skilled person to experimentally deter
mine optimal operating conditions for processing other
tubers or roots, or more generally, other vegetables or fruits,
and specifically, to choose a processing period associated
with an electric field of a given intensity.
30 Preferably, the electric field should be between 30 and 75
V/cm approximately, and the processing period between 1
and 10 seconds approximately.
This invention is not limited to the use of an aqueous
environment, and is workable with any liquid or fluid which
35 conducts electricity to help create an electric field in accor
dance with the present invention.
We claim:
1. A process for treating vegetables and fruit before
cooking in order to reduce their resistance to cutting, char
40 acterized by the application of a high electric field directly
to the vegetables and/or fruit under conditions such that the
resulting increase in the temperature of the vegetables and/or
fruit is almost zero or at least sufficiently low as to not
amount to a preheating step.
45 2. A process as claimed in claim 1, characterized in that
the electric field is applied through titanium electrodes that
are immersed in water in a tank containing the vegetables
and/or fruit.
3. A process as claimed in claim 1 or 2, characterized in
50 that an electric field of 45 to 65 V/cm is applied during a
period between 3 and 5 seconds.
4. A process as claimed in one of claims 1 to 3, charac
terized in that, during application of the electric field, the
vegetables and/or fruit are immersed in water having a
55 conductivity that is below or equal to the conductivity of the
vegetables and/or fruit.
5. A process as claimed in claim 4, characterized in that
the conductivity of the water is below 0.020 S/m.
6. A process as claimed in any one of claims 1 to 5,
60 characterized in that the process is applied to processing of
potatoes prior to cutting the potatoes into strips for the
purpose of producing French fries.
Case: 1:17-cv-01326 Document #: 1-2 Filed: 02/21/17 Page 1 of 4 PageID #:24

EXHIBIT B
 Case: 1:17-cv-01326 Document #: 1-2 Filed: 02/21/17 Page 2 of 4 PageID #:25
US00D720916S

(12) United States Design Patent do Patent No.: US D720,916 S

Rogers et al. (45) Date of Patent: : Jan. 13, 2015
(54) ROOT VEGETABLE PRODUCT D353,556 S + 12/1994 Chia et al. ...................... D1 1/93
D391,737 S + 3/1998 Wright ........... ... D1/125
(71) Applicant: McCain Foods Limited, D408,960 S + 5/1999 Kauffman et al ... D1/125
D514,264 S + 1/2006 Viola ................. ... D30/160
Florenceville-Bristol (CA) D515,967 S + 2/2006 Emery et al. ... ... D 1 1/79
D530,881 S + 10/2006 Doehren et al. ... D1/102
(72) Inventors: David M. Rogers, Woodstock (CA); D586,526 S + 2/2009 Trazza ........................... D1/102
John Aikens, New Maryland (CA) D640,036 S 6/2011 Walker et al.
D688,437 S 8/2013 Walker et al.
(73) Assignee: McCain Foods Limited, D710,567 S + 8/2014 Park et al. ...................... D1/125
2008/00384.12 A1* 2/2008 Guilloteau et al. ........... 426/104
Florenceville-Bristol (CA) 2013/0087.032 A1 4/2013 Walker et al.

(**) Term: 14 Years OTHER PUBLICATIONS

(21) Appl. No.: 29/461,506 Potato Wedge, Apr. 23, 2012. [online.] [retrieved on Aug. 28, 2014].
Retrieved from internet URL: http://www.mccainfoodservice.ca/
(22) Filed: Jul. 24, 2013 en-CA/FriesAndSideOishes/PotatoSideOishes/Wedges/Pages/
5spicedSkinCnPotato Wedges.aspx->.*
(51) LOC (10) Cl. ................................................ 0101
(52) U.S. CI. * cited by examiner
USPC ... D1/125
(58) Field of Classification Search Primary Examiner Deanna L Pratt
CPC ........... A21D 13/0029; A21D 13/0074; A21D Assistant Examiner Katie Mroczka
13/0022: A21D 13/0006; A23L 1/1641; (74) Attorney, Agent, or Firm Bereskin & Parr
A23L 1/005 LLP/S.E.N.C.R.L., s.r.l.
USPC ............ D1/100130, 199; D7/504, 509, 510,
D7/523, 524, 555, 566, 568, 584587, 602, (57) CLAIM
D7/672, 300.1; D21/386, 672, 803, 821, We claim the ornamental design for a root vegetable product,
D21/412: D19/91: 426/92, 94, 95, 99, 101, as shown and described.
426/138139, 143, 279, 282,283, 391,
426/514; D11/146, 151, 154, 78, 131, 141, DESCRIPTION
D11/152; D14/480.5, 484.1: D25/119, 121,
D25/126; D30/160; 220/566; D34/28, 29 FIG. 1 is a perspective view of a root vegetable product in
See application file for complete search history. accordance with our new design;
FIG. 2 is a left side view thereof.
(56) References Cited FIG. 3 is front view thereof;
|U.S. PATENT DOCUMENTS
FIG. 4 is rear view thereof;
FIG. 5 is a right side view thereof;
2,159,246 A * 5/1939 Beyer ............................ 426/500 FIG. 6 is a top plan view thereof; and,
2,463,112 A * 3/1949 Kipnis ..... ... 426/439 FIG. 7 is a bottom view thereof.
D272,009 S + 1/1984 Zonnenberg . ... D1/199
D295,225 S + 4/1988 Ito .................................. D1/125 1 Claim, 2 Drawing Sheets
 Case: 1:17-cv-01326 Document #: 1-2 Filed: 02/21/17 Page 3 of 4 PageID #:26

U.S. Patent Jan. 13, 2015 Sheet 1 of 2 US D720,916 S

FIG. 4 FIG. 5
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U.S. Patent Jan. 13, 2015 Sheet 2 of 2 US D720,916 S

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EXHIBIT C
 Case: 1:17-cv-01326 Document #: 1-3 Filed: 02/21/17 Page 2 of 12 PageID #:29

Pulsed
Electric
Field
Systems

PEF SYSTEMS
SafeJuice SmoothCut PEFPilot

1
 Case: 1:17-cv-01326 Document #: 1-3 Filed: 02/21/17 Page 3 of 12 PageID #:30

ELE A PEF SYSTEMS

Elea designs and manufactures

PEF machines of outstanding quality
for your production line.

Our focus is on physical processes to enhance

food quality and safety.

We offer a range of different sized PEF systems

with varying line capacity. In addition, we offer
a design and build service to customize Elea PEF
technology to your specific requirements.

Each one of our systems is designed to be easily

and fully integrated into your existing production
line so there is minimal disruption. PLC integration
and extensive monitoring options also guarantee
ease of operation.

Robust build and solid state typology makes

our technology exceptionally reliable.

2 3
 Case: 1:17-cv-01326 Document #: 1-3 Filed: 02/21/17 Page 4 of 12 PageID #:31

Liquids,
Liquids,
semi-liquids
semi-liquids
& non-foods
& non-foods 1 1 Apple
Apple
juicejuice 2 2 Orange
Orange
juicejuice 3 3 Beans
Beans 4 4 Osmotic
Osmotic
drying
drying
Solid
Solid
products
products

Shelf
Shelf
life extension,
life extension, Diffusion
Diffusion
Shelf
Shelf
life increase
life increase Soaking
Soaking
retains
retains
freshness
freshness enhancement
enhancement

5 5 MilkMilk 6 6 Syrup
Syrup 7 7 FruitFruit
purepure 8 8Dried
Dried
vegetables
vegetables 9 9 Asparagus
Asparagus 10 10 Grass
Grass

SafeJuice
SafeJuice SmoothCut
SmoothCut
Saponins
Saponins
release,
release,
10,10,
100,
100,
1100
1100 LessLess
fouling
fouling Yeast
Yeast
inactivation
inactivation Premium
Premium
quality
quality
Moisture
Moisture
release
release
texture
texture
modification
modification CellCell
disruption
disruption One,
One,10,10,
100,
100,
1000
1000

11 11
Microorganisms
Microorganisms 12 12 Algae
Algae 13 13
Strawberry
Strawberry
juicejuice 14 14 Melon
Melon
juicejuice 15 15 KiwiKiwi
pure
pure 16 16 Flowers
Flowers 17 17 Yogurt
Yogurt 18 18 Pesticide
Pesticide 19 19 Waste
Waste
water,
water, 20 20 Potato
Potato 21 21 Fries
Fries 22 22 Chips
Chips 23 23 Sweet
Sweet
potato
potato 24 24 Mushroom
Mushroom
Process
Process
water
water

StopStop
fermentation,
fermentation, Colour
Colour
extraction
extraction Fresh
Fresh
taste
taste Premium
Premium
quality
quality HighHigh
quality
quality
product
product Perfume
Perfume
oils,oils, LowLow
energy
energy Decontamination
Decontamination Bacterial
Bacterial
digestion
digestion Water
Water
release,
release, Cutting
Cutting
improvement,
improvement, Better
Better
cuts,
cuts, Cutting
Cutting
improvement
improvement Flavour
Flavour
concentrate
concentrate
inactivation
inactivation & oil&release
oil release colour
colour
extraction
extraction pasteurization
pasteurization or decontamination
or decontamination structure
structure
modification
modification higher
higher
quality
quality better
better
taste
taste

25 25 Grape
Grape
juicejuice 26 26 Soup
Soup 27 27 Acerola
Acerola
cherry
cherry 28 28Coconut
Coconut
water
water 29 29 Pomegranate
Pomegranate 30 30Pineapple
Pineapple
juicejuice 31 31 Coolant
Coolant 32 32Power
Power
capsules
capsules 33 33 Rapeseed
Rapeseed 34 34 Sugar
Sugar
beetbeet 35 35 Onion
Onion 36 36 Tomato
Tomato 37 37 Meat
Meat
38 38 Chicken
Chicken
breast
breast
juicejuice

Yield
Yield
increase,
increase, Increase
Increase
shelf
shelf
life, life, Antioxidant
Antioxidant Retains
Retains
freshness
freshness Extraction
Extraction
of healthy
of healthy Enzyme
Enzyme
control
control Reduce
Reduce NewNew
rawraw
ingredients
ingredients Oil &Oil
protein
& protein LowLow
energy
energy Brining
Brining
& & Improved
Improved
yield,yield,
Drying
Drying
enhancement
enhancement PeelPeel
removal
removal
colour
colour
extraction
extraction pathogen
pathogen
removal
removal extraction
extraction compounds
compounds& colour
& colour microbial
microbial
loadload extraction
extraction sugar
sugar
extraction
extraction tenderisation
tenderisation reduced
reduced
marinating
marinating
timetime

39 39 Wine
Wine 40 40 BeerBeer 41 41 Tomato
Tomato
juicejuice 42 42
Passion
Passion
fruitfruit
juicejuice 43 43 Carrot
Carrot
juicejuice 44 44 Spinach
Spinach 45 45 KaleKale 46 46 Paint
Paint 47 47Nutrient
Nutrient
media
media 48 48 Broccoli
Broccoli 49 49 Sugar
Sugar
cane
cane 50 50
Cassava
Cassava
/ Manioc
/ Manioc 51 51 Olives
Olives 52 52 Pomace
Pomace

Fermentation
Fermentation LowLow
heatheat Shelf
Shelf
life extension
life extension
& & LowLow
heatheat LowLow
heatheat Microbial
Microbial
inactivation
inactivation Juice
Juice
preservation
preservation Microbial
Microbial
inactivation
inactivation LowLow
heatheat
sterilization
sterilization Extraction
Extraction
of of Increase
Increase Softening
Softening
& & ColdCold
press
press
oliveolive
oil oil Pectin
Pectin
extraction
extraction
control
control pasteurization
pasteurization viscosity
viscosity
management
management treatment
treatment pasteurization
pasteurization & colour
& colour
extraction
extraction & cell
& cell
disintegration
disintegration healthy
healthy
compounds
compounds sugar
sugar
yieldyield improved
improved
peeling
peeling

Our Elea PEF systems treat a wide

range of food and non-food product types.
We provide 2 customisable PEF systems for the industry and additional pilot systems
for research. Designed and engineered in Germany to the highest standard.

SafeJuice Liquids, semi-liquid food and non-food.

SmoothCut Belt system for solid food products.

4 5
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SmoothCut Belt Systems

Versatile industrial scale systems for treatment of vegetable

tubers, operable in continuous mode. Solid state modulator,
SMOOTHCUT based on a Marx design to obtain maximum reliability and user safety.

Pulse Generator
Belt systems are the optimal solution for the
treatment of tubers, roots, vegetables and control system Touch Screen, measurement of peak voltage and current,
connectors for oscilloscope, safety interlock, emergency off.
fruits. Our SmoothCut system is available in
a range of four models: the SmoothCut One, cooling Air or water cooled depending on system.
10, 100 & 1000. Each option is fully customizable
dimensions Dependent on system, stainless steel cabinet.
to your requirements.

1 t - 55 t per hour processing

Continuous Treatment Belt
capacity, quick start-up, small footprint,
low energy & water usage. capacity Up to 55 t/h of potato in a potato water mixture.

water management Automated level control, overflow channel, automated drain

valve, water conductivity and temperature measurement.

electrodes Stainless steel.

dimensions Dependent on system, belt should be attached to generator.

power supply Supplied from generator.

Services Required

power supply 400/415 V, 50 Hz (3Phase/Ground), 100 A

Other options available.

water Portable water supply to treatment belt.

compressed air 6 bar.

drain valve DN150 Flange.

6 7
 Case: 1:17-cv-01326 Document #: 1-3 Filed: 02/21/17 Page 6 of 12 PageID #:33

Built to the highest standard

of German engineering, every
PEF system is built to
withstand continuous
operation while delivering
maximum performance
and energy efficiency.

8 9
 Case: 1:17-cv-01326 Document #: 1-3 Filed: 02/21/17 Page 7 of 12 PageID #:34

SafeJuice Liquid Systems

Versatile industrial scale systems for microbial inactivation

in liquids, operable in continuous mode. Solid state modulator,
SAFEJUICE based on a Marx design to obtain maximum reliability and user
safety. The system has a capacity to treat up to 10 000 l/h for
microbial inactivation.

Pulse Generator
For liquid foods & non-foods Elea SafeJuice
is available in three versions: SafeJuice 10, 100, control system Touch Screen, measurement of peak voltage and current,
connectors for oscilloscope, safety interlock, emergency off.
1100. With capacities from 50 L 10 000 L per hour.
Hygienic integrated design CIP & SIP ready. cooling Air or water cooled depending on system.

dimensions Dependent on system, stainless steel cabinet.

Complete control of process
parameters and online monitoring dose
to comply with all HACCP requirements. Continuous Treatment Chambers

Its modular design is easy to configure Up to 10 000 l/h of pumpable products, subject to
capacity
and maintain. load ratio and process requirements.

electrodes Titanium.

Services Required

power supply 400/415 V, 50 Hz (3Phase/Ground), 100 A.

cooling Air or water cooled depending on system.

10 11
 Case: 1:17-cv-01326 Document #: 1-3 Filed: 02/21/17 Page 8 of 12 PageID #:35

Our systems typically operate

24/7 with a proven reliability
and minimal maintenance.

12 13
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PEFPILOT PEFPilot Trial Pilot System

Pulse Generator
Our trial batch system can treat solids and liquids
control system Touch Screen, measurement of peak voltage and current,
for scientific and pilot scale applications. We offer connectors for oscilloscope, safety interlock, emergency off.
different treatment chamber sizes up to
power supply 220 V, 50 Hz.
10 L treatment volume resulting in high flexibility,
changing the treatment parameters such as field cooling Air cooled.

strength, specific energy input and sample size. dimensions 1525 x 955 x 1546 mm (W x D x H), stainless steel cabinet.

Additionally we offer to do trials in our

continuous liquid PEF system. Treatment Chamber

The results created with our trial systems capacity 10 L.

are easily scalable.

Services Required

power supply 220 V, 50 Hz.

14 15
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Elea is driven by world-leading

food technologists and engineers.
Together we can take your concept
through research to final installation
and production.

16 17

Elea offers a wide range
of service options, including:
24 / 7 / 365 Emergency Support
As part of our service contract we supply each customer with
round the clock technical support.
Yearly replacement kits
During the yearly planned production shut-downs it is critical
that all parts are available for maintenance. Elea offers
guaranteed on-time delivery of the complete replacement kits
that would allow the local service technician or Elea service
engineers to maintain the machines in the shortest possible
time.
Proactive Maintenance Programs
Depending on the machine model and type of application, the
maintenance program can be tailored to your specific needs
and thus optimize performance. The Elea preventive service
inspections are designed to put our customers at ease with
respect to our products. Production uptime is maximized
by conducting the inspections in conjunction with a proper
maintenance schedule and the replacement of parts as
necessary. The Elea customer service department can assist
you in determining the schedule best suited to your needs.
Performance Care (System Calibration)
It is highly recommended that the systems are annually
inspected and verified for correct calibration. The annual
calibration will include a verification of the safety interlocks
used with the system. This would be carried out as part of the
Elea Proactive Maintenance Program.
Service Contracts
By having a Elea service contract, our Elea service
engineers will work closely with you firstly to determine your
requirements and then offer a suitable solution for you to
integrate into your maintenance program as applicable on
site. The service plan will be well prepared and will act as the
basis of a maximized performance, optimum efficiency and
low running cost. After all, it is all about cost of ownership,
capacity and ultimately yield. The Proactive Maintenance
Programs are part of the Service Contracts.
18
Case: 1:17-cv-01326 Document #: 1-3 Filed: 02/21/17 Page 11 of 12 PageID #:38
GLOBAL SUPPORT
Remote Monitoring & I N S TA L L AT I O N
Optionally the Elea PEF systems can be connected for remote
diagnostic and support by our Customer Service Department.
For this option, Elea can offer a specific package.
Original wear & tear parts
We offer a full support service around the world
Original Elea service parts are manufactured using the highest
our highly skilled technical team provide full
quality materials and made for continuous operation and
installation and maintenance support.
maximum performance in all our machines.
In-house equipment / product test Elea PEF systems are designed to be compatible
as well as product development programs with any control system and are fully accredited
Using our extensive test facilities allows Elea to assist and certified for regional installation anywhere
customers test current as well as develop new products using in the world.
Eleas Pulsed Electric Field technology. Additionally we can
offer product development programs that allow customers
Elea supports the option for remote monitoring
to create or maintain competitive advantages.
services and maintenance. As part of our service
Knowledge & training programs contract we provide each customer with around
Investment in training of your maintenance engineers and the clock technical support.
operators will ultimately result in well trained and skilled
personnel allowing the best possible system operation
and performance, i.e. yield, settings, up-time and safety.
Experienced and well-trained staff are essential for your
success. Elea offers in-house as well as on-site training tailored
to your specific requirements.
Performance Care Upgrade Program
Advice and assistance concerning future modifications
and upgrades. This is applicable for both hardware and
software modifications. As part of the Service Contracts, any
software updates are included. Should you have any further
requirements we would welcome your feedback to enable us
to provide you with the best possible all-round service.
19
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info@elea-technology.com
+49 (0) 5431 92629 70

Prof.-von-Klitzing-Str. 9
D - 49610 Quakenbrck
Germany
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EXHIBIT D
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