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CASE 0:15-cv-01576 Document 1 Filed 03/23/15 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF MINNESOTA
Nifty Home Products, Inc.
Plaintiff,
Civil No. _______________________
v.
Pretty Star Store, LLC
d/b/a DecoBros
Defendant

COMPLAINT FOR PATENT INFRINGEMENT


Plaintiff Nifty Home Products, Inc. (Nifty), for its Complaint against Defendant
Pretty Star Store, LLC d/b/a DecoBros (DecoBros) states and alleges as follows:
PARTIES
1.

Plaintiff Nifty is a Minnesota corporation with its principal place of

business in Madison Lake, MN. Nifty designs and sells a variety of kitchen accessories.
2.

Defendant Pretty Star Store, LLC d/b/a DecoBros, upon information and

belief, is a limited liability company, organized under the laws of the State of California,
and having its principle place of business at 19745 Colima Road, #1-152, Rowland
Heights, California, 91748.
JURISDICTION AND VENUE
3.

This is a claim for patent infringement under 35 U.S.C. 271 and 281-

4.

This Court has jurisdiction over the subject matter over Niftys federal

285.
claims by virtue of 28 U.S.C. 1331 and 1338(a) and (b).

CASE 0:15-cv-01576 Document 1 Filed 03/23/15 Page 2 of 6

5.

This Court has personal jurisdiction over DecoBros, as DecoBros has

engaged in acts of patent infringement in the United States and in the District of
Minnesota. Specifically, DecoBros has purposely and intentionally subjected itself to the
privileges of doing business in the State of Minnesota by placing its goods in the stream
of commerce with the intent that they would be sold in Minnesota. DecoBros has offered
for sale and sold products in the State of Minnesota which infringe certain design patents
owned by Nifty. Venue is proper under 28 U.S.C. 1391(b) and 1400(b), as DecoBros
has committed acts of infringement in this district.
THE PATENTS-IN-SUIT
6.

On or about November 30, 2009, Martin Snider filed an application for a

design patent on a Countertop Coffee Pod Drawer. On or about December 7, 2010, the
United States Patent and Trademark Office (USPTO) duly granted U.S. Patent No.
D628,444 (the 444 Patent) to Mr. Snider. On or about March 10, 2014, the 444 Patent
was assigned to Nifty. A copy of the 444 Patent is attached as Exhibit 1 to this
Complaint. A copy of the Assignment of the 444 Patent is attached as Exhibit 2.
7.

On or about April 29, 2010, Martin Snider filed an application for a design

patent on a Countertop Coffee Pod Drawer. On or about December 7, 2010, the USPTO
duly granted U.S. Patent No. D628,445 (the 445 Patent) to Mr. Snider. On or about
March 10, 2014, the 445 Patent was assigned to Nifty. (See Ex. 2). A copy of the 445
Patent is attached as Exhibit 3 to this Complaint.
8.

On or about April 8, 2011, Frank Tiemann filed an application for a design

patent on a Drawer For Holding Beverage Cartridges. On or about May 14, 2013, the
USPTO duly granted U.S. Patent D659,481 (the 481 Patent) to Mr. Tiemann. Mr.
Tiemann assigned the 481 Patent to Nifty. A copy of the 481 Patent is attached as
Exhibit 4.
9.

On or about February 23, 2011, Frank Tiemann filed an application for a

design patent on a Drawer For Holding Beverage Cartridges. On or about May 22, 2012,
the USPTO duly granted U.S. Patent No. D660,088 (the 088 Patent) to Mr. Tiemann.
A copy of the 088 Patent is attached as Exhibit 5.
2

CASE 0:15-cv-01576 Document 1 Filed 03/23/15 Page 3 of 6

10.

On or about December 27, 2011, Frank Tiemann filed an application for a

design patent on a Drawer for Holding Beverage Cartridges. On or about May 14, 2013,
the USPTO duly granted U.S. Patent No. D682,039 (the 039 Patent) to Mr. Tiemann.
A copy of the 039 Patent is attached as Exhibit 6.
11.

On or about July 13, 2011, Frank Tiemann filed an application for a design

patent on a Drawer for Holding Beverage Cartridges. On or about June 19, 2012, the
USPTO duly granted U.S. Patent No. D661,951 (the 951 Patent) to Mr. Tiemann. A
copy of the 951 Patent is attached as Exhibit 7.
The Accused Products
12.

DecoBros is, upon information and belief, offering for sale, selling,

importing into the United States, or otherwise distributing a DecoBros K-cup Storage
Drawer Holder for Keurig K-cup Coffee Pods. A printout showing the DecoBros
DecoBros K-cup Storage Drawer Holder for Keurig K-cup Coffee Pods offered for sale
on Amazon.com is attached as Exhibit 8.
13.

DecoBros is, upon information and belief, offering for sale, selling,

importing into the United States, or otherwise distributing a DecoBros Coffee Pod
Storage Mesh Nespresso Drawer holder for 56 Capsules, Black. A printout showing the
DecoBros Coffee Pod Storage Mesh Nespresso Drawer holder for 56 Capsules, Black
offered for sale on Amazon.com is attached as Exhibit 9.
14.

DecoBros is, upon information and belief, offering for sale, selling,

importing into the United States, or otherwise distributing a Keurig Vue Cup Storage
Drawer Holder for 25 Vue Pods Packs by DecoBros. A printout showing the Keurig Vue
Cup Storage Drawer Holder for 25 Vue Pods Packs by DecoBros offered for sale on
Amazon.com is attached as Exhibit 10.
15.

DecoBros is, upon information and belief, offering for sale, selling

importing into the United States, or otherwise distributing a T-Disc Holder Drawer by
DecoBros. A printout showing the T-Disc Holder Drawer by DecoBros offered for
sale on Amazon.com is attached as Exhibit 11.

CASE 0:15-cv-01576 Document 1 Filed 03/23/15 Page 4 of 6

COUNT I: INFRINGEMENT OF THE 951 PATENT


16.

The allegations of Paragraphs 1-15 of the Complaint are realleged and

incorporated herein by reference.


17.

DecoBros has infringed and continues to infringe the 951 Patent by

offering for sale and selling in the United States and within this judicial district and
importing into the United States, without authorization, its T-Disc Holder Drawer by
DecoBros that is substantially the same as the design illustrated in the 951 Patent. The
resemblance between the patented Drawer for Holding Beverage Cartridges and the TDisc Holder Drawer by DecoBros is such to permit an ordinary observer to purchase
the unauthorized T-Disc Holder Drawer by DecoBros, supposing it to the be the
patented Drawer for Holding Beverage Cartridges.
18.

DecoBros actions have caused and will continue to cause irreparable harm

to Nifty unless enjoined.


COUNT II: INFRINGEMENT OF THE 445 AND 039 PATENTS
19.

The allegations of Paragraphs 1-18 of the Complaint are realleged and

incorporated herein by reference.


20.

DecoBros has infringed and continues to infringe the 445 Patent and the

039 Patent by offering for sale and selling in the United States and within this judicial
district and importing into the United States, without authorization, its DecoBros K-cup
Storage Drawer Holder for Keurig K-cup Coffee Pods that is substantially the same as the
designs illustrated in the 445 Patent and 039 Patent. The resemblance between the
patented Countertop Coffee Pod Drawer and/or Drawer for Holding Beverage Cartridges
and the DecoBros K-cup Storage Drawer Holder for Keurig K-cup Coffee Pods is such to
permit an ordinary observer to purchase the unauthorized DecoBros K-cup Storage
Drawer Holder for Keurig K-cup Coffee Pods, supposing it to the be the patented
Countertop Coffee Pod Drawer and/or Drawer for Holding Beverage Cartridges.
21.

DecoBros actions have caused and will continue to cause irreparable harm

to Nifty unless enjoined.

CASE 0:15-cv-01576 Document 1 Filed 03/23/15 Page 5 of 6

COUNT III: INFRINGEMENT OF THE 088, 481, 039, 444, AND 445
PATENTS
22.

The allegations of Paragraphs 1-21 of the Complaint are realleged and

incorporated herein by reference.


23.

DecoBros has infringed and continues to infringe the 088, 481, 039, 444

and 445 Patents by offering for sale and selling in the United States and within this
judicial district and importing into the United States, without authorization, its Keurig
Vue Cup Storage Drawer Holder for 25 Vue Pods Packs by DecoBros that is substantially
the same as the design illustrated in the 088, 481, 039, 444 and 445 Patents. The
resemblance between the patented Countertop Coffee Pod Drawers and/or Drawer for
Holding Beverage Cartridges and its Keurig Vue Cup Storage Drawer Holder for 25 Vue
Pods Packs by DecoBros is such to permit an ordinary observer to purchase the
unauthorized its Keurig Vue Cup Storage Drawer Holder for 25 Vue Pods Packs by
DecoBros, supposing it to the be the patented Countertop Coffee Pod Drawers and/or
Drawer for Holding Beverage Cartridges.
24.

DecoBros actions have caused and will continue to cause irreparable harm

to Nifty unless enjoined.


WHEREFORE, Plaintiff Nifty prays for judgment as follows:
(a)

In favor of Nifty Home Products, Inc. and against Pretty Star Store, LLC

d/b/a DecoBros on all counts of this Complaint;


(b)

Preliminarily and permanently enjoining and restraining DecoBros and its

officers, directors, agents, servants, employees, attorneys and all others acting under and
through them from directly infringing or inducing others to infringe the 951, 088, 481,
039, 444, and 445 Patent
(c)

Awarding Nifty damages under Title 35 U.S.C. 284 and 289, including

DecoBros profits;
(d)

Awarding Nifty reasonable attorneys fees, costs and expenses and interest

pursuant to 35 U.S.C. 285 and any other applicable law; and


(e)

Awarding Nifty such other relief as this Court may deem just and proper.
5

CASE 0:15-cv-01576 Document 1 Filed 03/23/15 Page 6 of 6

JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable.
Date: March 23, 2015

/Peter G. Nikolai/
Peter G. Nikolai (#322,052)
James T. Nikolai (#144,101)
NIKOLAI & MERSEREAU, P.A.
900 Second Avenue South, Suite 1550
Minneapolis, MN 55402
Telephone: (612) 339-7461
Facsimile: (612) 349-6556
ATTORNEYS FOR PLAINTIFF
NIFTY HOME PRODUCTS, INC.

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EXHIBIT 1

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EXHIBIT 2

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EXHIBIT 4

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EXHIBIT 5

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EXHIBIT 6

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EXHIBIT 7

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EXHIBIT 8

9/23/2014

Amazon.com: DecoBros
Storage Drawer Holder
for Keurig K-cup
Pods:
Kitchen Storage
And Organization
CASEK-cup
0:15-cv-01576
Document
1-8 Coffee
Filed
03/23/15
Page
2 of 7 Product Accessories:
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USPTO Patent USD676715
Holder for 36 Pods
Sliding drawer with space saving design
Easy to Clean, Rubber Mat absorbs vibrations
Dimensions - 13-1/4-inch lenth by 12-1/2-inch width by 31/8-inch height

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Document
1-8 Coffee
Filed
03/23/15
Page
3 of 7 Product Accessories:

Stylish and Sturdy Single


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Product Details
Item Weight: 2 pounds
Shipping Weight: 4 pounds (View shipping rates and policies)
ASIN: B007R900WA
Item model number: KT-001-1
Average Customer Review:

(2,539 customer reviews)

Amazon Best Sellers Rank: #168 in Kitchen & Dining (See Top 100 in Kitchen & Dining)
#2 in Kitchen & Dining > Storage & Organization > Kitchen Storage & Organization Accessories
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Product Description
The enhanced design to save up to 36 k-cup coffee pods. Easy to slide in and out to get pod you want. Rubber Mat keep your coffee machine
safe to put on the top of the drawer, but also absorbs vibrations No additional space to store your favorite coffee Pods. Enjoy your coffee with
simple organize.

Important Information
Legal Disclaimer
Keurig and K-Cup are registered trademarks of Keurig, Incorporated. Deco Brothers is registered trademark of Pretty Star Store LLC.

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Customer Questions & Answers


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Customer Reviews
(2,539)

5 star

2,140

4 star

325

3 star

50

2 star

13

My Keurig
sits on top
and the
drawer easily
slides in and
out.

1 star

11

Sparkle

4.8 out of 5 stars

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Most Helpful Customer Reviews


183 of 187 people found the following review helpful

Holds more than 36!


By ProudMommy819 on September 19, 2012
Verified Purchase

I'm happy with this purchase. Sturdy enough to hold the Keurig. I also found that if you flip every
other K-cup upside down, you will be able to fit more than 36 K-cups in the drawer.
3 Comments

Was this review helpful to you?

Yes

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Most Recent Customer Reviews

No

Sturdy and attractive design!


101 of 107 people found the following review helpful

Morning coffee

Very nice product and great addition to the office!


Published 16 hours ago by Tammy

By Lillie Bertrand on October 2, 2012


Verified Purchase

Morning coffee just got a whole lot easier with this Keurig K-cup organiser. I have been wanting one
for months since I saw them in Bed, Bath & Beyond, but got a better price here on Amazon. Made of
metal mesh welded/soldered over a metal frame, both the outer shell and the drawer are very sturdy
and do not wiggle at all under the weight of the Keurig machine when we use it. Each of the 6 rows
holds 6 K-cups with room to spare. We also use the refillable cups- Solo-fill Reusable & Refillable Kcup for Keurig Brewers and Ekobrew Cup, Refillable Cup for Keurig K-cup Brewers, Brown, 1Count - and they fit into the rows just fine, too. There are hard rubber "feet" on the bottom corners to
protect your counter tops, and a covering on top to protect the unit and prevent spills from getting
into your drawer. I tested this by accidentally spilling water onto it when I was refilling the Keurig, and
it just puddled there without seeping through, so I didn't have to scramble to wipe it up right away. It's
easy to clean. I put the drawer into the dishwasher (but didn't put it through the heat dry cycle), and

Kcup storage
Great product, fast shipping. Well made, perfect
space saver.
Published 1 day ago by Ckshopper

Great storage tool.


Nice way to store k-cups. Convenient and just a
glance lets you know what you have to choose from.
Going to order another for gift giving.
Published 1 day ago by Leslie S. Lovelace

very well made. holds lots of kcups, no ...

http://www.amazon.com/DecoBros-Storage-Drawer-Holder-Keurig/dp/B007R900WA/ref=sr_1_1?m=A2OKR1XXB64S3D&s=merchant-items&ie=UTF8

3/6

9/23/2014

Amazon.com: DecoBros
Storage Drawer Holder
for Keurig K-cup
Pods:
Kitchen Storage
And Organization
CASEK-cup
0:15-cv-01576
Document
1-8 Coffee
Filed
03/23/15
Page
5 of 7 Product Accessories:

sprayed the framework with some all-purpose cleaner, rinsed it in the sink, and laid it on a towel to
dry.
Seller shipped fast. It arrived 2 days before the estimated delivery date. Packaging was perfect for
the item. All in all, I am very pleased with my purchase.
Comment

Was this review helpful to you?

Yes

very well made. holds lots of k-cups, no need to store


it in a cabinet and forget where they are! very
important in my case since I'm a senior citizen!
:-)
Published 1 day ago by Christine H. Wigg

No

Space saver!
We love this thing. Holds a lot and very sturdy.

273 of 302 people found the following review helpful

Published 1 day ago by Jan

Good service, good product, poor utility


Saves counter space

By jjshopper on October 15, 2012


Verified Purchase

The service from this Amazon supplier was fast and efficient. The product was packaged well. The
drawer is well made, operates smoothly, and, in my opinion is good value for the price. HOWEVER,
please be aware of two drawbacks: the footprint of the drawer is quite big (cut the dimensions out of
newspaper and put on the counter under your coffeemaker to visualize the space you will lose), and,
fatally for my needs, the drawer raises the coffeemaker high enough under my (standard) top
cabinets that I cannot fully raise the handle to insert the coffee pod. This product will not work if
placed under cabinets.
21 Comments

Was this review helpful to you?

Yes

Put my new Cuisinart Kcup coffeemaker on top and


now I simply pull out the drawer and all my Kcups are
right there. Highly recommend.
Published 1 day ago by TNquilter

Three Stars
EXCELLENT PRODUCT
Published 1 day ago by Maria Mercado

Five Stars

No

Arrived when promised and looked and worked just


as described.

37 of 40 people found the following review helpful

Published 1 day ago by Bob in DC

Sturdy, Stackable, Vibration-Free


By Mr. Jim on April 29, 2013

Five Stars

Verified Purchase

Stylish and a huge space saver!

Stacking
I purchased two of these, then went back and bought a third a few weeks later. I have them stacked
three high and they feel very stable. They don't shift when opening drawers or pushing gently and
don't vibrate at all when operating the coffee maker. They have rubber feet that don't slide on the
plastic top of my refrigerator and sink nicely into the foam top of the chassis underneath keeping it
secured in place. The top surface seems fairly rigid, as I have not yet noticed any drooping from the
weight of the Keurig and Baileys on top.

Published 1 day ago by Angela Madison

Contents
I can fit between 6 and 8 K-cups per column depending on the shape of the cup sidewalls and the
orientation of the cups (reference customer images).

Five Stars
Great!
Published 1 day ago by Cristin Santerre

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Operation
My first drawer operates very fluid; I would have guessed it was on rollers, but it's not. My second
drawer required a little work; I had to bend the rear upper-framework of the drawer slightly to keep it
from rubbing on the ceiling of the chassis. So, drawer number two works rather swell now. My third
drawer also operates rather smooth right out of the box with the friction being between that of
drawer#1 and corrected drawer#2.
When opened, the drawers are self supporting. The drawer stops opening once all but the rear 1"
remains inside the chassis; this leverage keeps the drawer suspended open without any fear of it
falling out onto the floor. If needed, you can lift the drawer at an angle and remove it just like any
desk drawer can be removed.
Packaging
Don't be alarmed when first receiving the box and seeing 'Glass Drawer' on the top label; the center
label should correctly state mesh drawer (reference customer images).
DON'T FORGET to clip the zip-tie on the front before trying to open the drawer. Read more

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28 of 32 people found the following review helpful

Excellent!
By Dan Nebhut on March 22, 2013
Verified Purchase

Easy action on the drawer, solid construction, andeasy to keep clean. The top is a bit textured and
serves well as a spot to keep salt/pepper/etc on the counter top.
A word of caution... This drawer (and all like it I suspect) will not fit under your Keurig and still allow

http://www.amazon.com/DecoBros-Storage-Drawer-Holder-Keurig/dp/B007R900WA/ref=sr_1_1?m=A2OKR1XXB64S3D&s=merchant-items&ie=UTF8

4/6

9/23/2014

Amazon.com: DecoBros
Storage Drawer Holder
for Keurig K-cup
Pods:
Kitchen Storage
And Organization
CASEK-cup
0:15-cv-01576
Document
1-8 Coffee
Filed
03/23/15
Page
6 of 7 Product Accessories:

enough room for your pod to open far enough to make a new cup of coffee if the machine an drawer
are stacked under a standard cabinet overhang. It's not a big deal, since the drawer provides flat
"counter space" on it's top, but it is something to keep in mind.
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34 of 40 people found the following review helpful

Practical and counter saving - LOVE it!


By Henry's mom on August 30, 2012
Verified Purchase

I have limited counter space, so when I saw this drawer, I thought it would be perfect. It is. We love
it. Since my husband and I drink a lot of coffee, the 36-count drawer holds a our coffee machine and
(almost) a weeks-worth of K cups. It has a nonskid mat on top, so our Keurig doesn't move. Both fit
under our cabinets nicely. I have zero complaints. I love this product!
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16 of 18 people found the following review helpful

Coffee Storage drawer


By Amazon Customer on August 30, 2012
Verified Purchase

I wanted a convenient way to store my Keurig cups and found this storage drawer was the perfect
choice. The machine easily sits on top of the drawer which makes it very easy to access the K-cup of
your choice. The drawer holds plenty of the K-cups and refilling it is easy. I am very pleased with this
product.
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5/6

9/23/2014

Amazon.com: DecoBros
Storage Drawer Holder
for Keurig K-cup
Pods:
Kitchen Storage
And Organization
CASEK-cup
0:15-cv-01576
Document
1-8 Coffee
Filed
03/23/15
Page
7 of 7 Product Accessories:

http://www.amazon.com/DecoBros-Storage-Drawer-Holder-Keurig/dp/B007R900WA/ref=sr_1_1?m=A2OKR1XXB64S3D&s=merchant-items&ie=UTF8

6/6

CASE 0:15-cv-01576 Document 1-9 Filed 03/23/15 Page 1 of 6

EXHIBIT 9

9/23/2014

Amazon.com:
DecoBros Coffee Pod Storage
Mesh Nespresso
Drawer03/23/15
holder for 56 Capsules,
CASE 0:15-cv-01576
Document
1-9 Filed
Page 2Black:
of 6Office Products
Peter's Amazon.com

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Grocery & Gourmet Food Beverages Coffee Single-Serve Pods

DecoBros Coffee Pod Storage Mesh


Nespresso Drawer holder for 56
Capsules, Black

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mit
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mit

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Qty: 1

by Deco Brothers

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Sold by Pretty Star and Fulfilled by Amazon.


Holds 56 Nespresso Capsules
Space saving design to allow most Nespresso Brewers
site on it
Easily sliding drawer to access capsules

Wed

Thu

+5.99

Free

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Peter Nikolai- Minneapolis
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1/5

9/23/2014

Amazon.com:
DecoBros Coffee Pod Storage
Mesh Nespresso
Drawer03/23/15
holder for 56 Capsules,
CASE 0:15-cv-01576
Document
1-9 Filed
Page 3Black:
of 6Office Products
as a gift card. Learn more.

Product Information
Technical Details

Additional Information

Brand Name

Deco Brothers

ASIN

B00GNIBR2I

Item Weight

4.6 pounds

Customer Reviews

Product Dimensions

15.2 x 13.5 x 2.9 inches

87 reviews
4.6 out of 5 stars

Item model number

KT-008-1

Best Sellers Rank

Color

Mesh Wire - Black

Manufacturer Part
Number

KT-008-1

#1,390 in Office Products (See top 100)


#16 in Home & Kitchen > Kitchen & Dining >
Coffee, Tea & Espresso > Coffee & Tea > Coffee >
Single-Serve Pods

Shipping Weight

4.6 pounds (View shipping rates and policies)

Date First Available

April 19, 2013

Feedback
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lower price?

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Product Description
DecoBros High Quality Nespresso Storage helps to store your capsules easily

Customers viewing this page may be interested in these sponsored links (What's this?)

Nespresso Official Site

Enjoy New Product Markdowns & Save Up To $100.


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Storage

Clean & Secure Storage Units. No Utility Fees. Call us


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Customer Questions & Answers


See questions and answers

http://www.amazon.com/DecoBros-Coffee-Storage-Nespresso-Capsules/dp/B00GNIBR2I/ref=sr_1_24?m=A2OKR1XXB64S3D&s=merchant-items&ie

2/5

9/23/2014

Amazon.com:
DecoBros Coffee Pod Storage
Mesh Nespresso
Drawer03/23/15
holder for 56 Capsules,
CASE 0:15-cv-01576
Document
1-9 Filed
Page 4Black:
of 6Office Products

Customer Reviews
(87)
4.6 out of 5 stars
5 star

60

4 star

21

3 star

2 star

1 star

The drawer
opens and
closes easily.

The drawer is
sturdy and
slides in and
out easily.

Anita

It has a great
design and
good quality.
Y Liu

Sudds

See all 87 customer reviews

DecoBros Coffee Pod Dixie Perfectouch


Storage Mesh
Paper Cups and Lids
Nespresso Drawer
$27.99
holder for 56... $18.87
Price For Both: $46.86

Most Helpful Customer Reviews

Advertisement

6 of 6 people found the following review helpful

Good choice

Customer Images

By GABRIEL on May 25, 2014


Verified Purchase

We used to store our capsules in the boxes they come into, or in a jar we kept close to the
nespresso. What made us choose the DecoBros holder was the fact that we could put our
Nespresso (a Citiz black) on top of it.
The machine fits nicely on top, and there's space left to also hold a sugar jar. Our kitchen counter
didn't get cluttered, and we have our capsules conveniently stored and organized by coffee. We cut
the coffee names from the capsule boxes and stored them close to capsules in the drawer, so we
know what coffee we're getting.
Comment

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Most Recent Customer Reviews


Five Stars
Love it !!!!!
Published 7 hours ago by virginia

Worth buying

4 of 4 people found the following review helpful

Classy looking

Space saving, easy storage

Published 19 hours ago by Hazel E.

By coffee aficionado on July 21, 2014


Verified Purchase

Great storage for pods. Has a thin plastic backed felt lining in drawer to hold individual pods.
My Nespresso Latissima plus rests firmly on this storage drawer. Great kitchen space saver.
Reviews said difficult to access pods in back of drawer. I have no issue accessing pods and do not
understand this point written in other reviews.
We have the pod carousel as well for add'l pods, which is also nice, but takes up cabinet space. We
first tried the rectangular stacker and it was such a pain to load individual pods. You had to press
down on a tab to load each pod.
We recommend the DecoBros Drawer for easy storage and space saving purposes. Can easily fit
with any decor.
Comment

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2 of 2 people found the following review helpful

By Candie on June 4, 2014


Verified Purchase

Got my pod holder and I love it! I was even nicely surprised to find that the inside of the drawer is a
black plush material adds a bit of elegance and fanciness to it. My Nespresso machine fits great on
top with enough room for our travel cups and creamers. Yay! super cool pod drawer :-)
Was this review helpful to you?

2 of 2 people found the following review helpful

Nice and solid - Good Price


By Anita on June 9, 2014

Published 1 day ago by Lingospot

Nespresso success !
I absolutely love this product! It fit my small area
perfectly & holds the nespresso pods perfectly !
Great price too!
Published 1 day ago by Lilbee1125

Four Stars
Works great
Published 3 days ago by Jaime Green

Great companion for my pixie

Great Buy

Comment

Perfect fit for the capsules


Drawer does what it's supposed to. Perfect fit for the
capsules, holds the Nespresso machine just fine.

Yes

No

bundle~
Sleek looking and hold a decent amount of pods. The
one missing star is for the material - don't get me
wrong this is a solid quality for the buck but I wish it
could be a little... Read more
Published 6 days ago by azuki

Coffee Corner Solution


Exactly what I was looking for! It fits perfectly in my
"coffee corner". The only thing I am not too keen on
is the fact each row only holds 8 pods and a sleeve
comes in... Read more

http://www.amazon.com/DecoBros-Coffee-Storage-Nespresso-Capsules/dp/B00GNIBR2I/ref=sr_1_24?m=A2OKR1XXB64S3D&s=merchant-items&ie

3/5

9/23/2014

Amazon.com:
DecoBros Coffee Pod Storage
Mesh Nespresso
Drawer03/23/15
holder for 56 Capsules,
CASE 0:15-cv-01576
Document
1-9 Filed
Page 5Black:
of 6Office Products
Published 8 days ago by TXGAL

Verified Purchase

This feels solid and the metal looks nice. The drawer opens and closes easily. Good value for the
money. Note: the whole unit is not meant to be moved around, as the contents can shift and become
disorganized. That is fine for us, as the item stays in one spot.
Comment

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DecoBros Coffee Pod Storage Mesh


Nespresso Drawer holder for 56...
Beautiful Pod storage unit. Exactly what I needed.
Published 8 days ago by V. Koenig

Five Stars

2 of 2 people found the following review helpful

Perfect.

Great purchase!

Published 8 days ago by nada

By Y Liu on June 17, 2014


Verified Purchase

It has a great design and good quality. The metal looks really nice and the drawer opens very easily.
The lining of the drawer keeps the pods in place. I would highly recommend this product!
Comment

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Yes

Five Stars
Good Deal. Perfect to store the variety of capsules.
Published 8 days ago by Wei-Yuan Jar

No

Search Customer Reviews


2 of 2 people found the following review helpful

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essential addition

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By M. Gentry on June 1, 2014


Verified Purchase

Well made, sturdy, attractive, functional and inexpensive. What more could anyone ask. I
recommend it for all nespresso users, without reservation.
Comment

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Yes

No

2 of 2 people found the following review helpful

Great way to store the capsules


By Joanne Saltman on June 4, 2014
Verified Purchase

This drawer holds a lot of capsules and fits nicely on the counter. The Nespresso machine fits on top
with room for espresso cups and saucers
Comment

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Yes

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1 of 1 people found the following review helpful

8 pods per "row"


By Damen Hattori on August 13, 2014
Verified Purchase

Nice design.
The insert works nicely to space and organize the pods neatly.
My big complaint is that it doesn't hold an entire Nespresso sleeve worth of pods in a single row (or
column, depending on how much Excel you use). It is 8 deep instead of the standard size 10, so I
end up with leftover pods that have no home. I knew this would be the case when I ordered this
drawer, but I didn't think it would bother me. Sadly, it does.
Comment

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See all 87 customer reviews (newest first)


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4/5

9/23/2014

Amazon.com:
DecoBros Coffee Pod Storage
Mesh Nespresso
Drawer03/23/15
holder for 56 Capsules,
CASE 0:15-cv-01576
Document
1-9 Filed
Page 6Black:
of 6Office Products

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5/5

CASE 0:15-cv-01576 Document 1-10 Filed 03/23/15 Page 1 of 6

EXHIBIT 10

9/23/2014

Amazon.com:
Keurig Vue Cup Storage
Drawer Holder
Vue Pods
Packs by DecoBros:
CASE
0:15-cv-01576
Document
1-10for 25Filed
03/23/15
Page 2 Kitchen
of 6 & Dining
Peter's Amazon.com

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Grocery & Gourmet Food Beverages Coffee Single-Serve Cups

Keurig Vue Cup Storage Drawer


Holder for 25 Vue Pods Packs by
DecoBros

Sub
mit
Sub
mit

Share
Qty: 1

by Deco Brothers

Add
Cart
Add
to to
Cart

528 customer reviews

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mit

| 9 answered questions

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List Price: $29.99


Price: $18.87

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mit

Buy
now
with
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Buy
now
with
1-Click

You Save: $11.12 (37%)

Order within 7hr 12min to get it:

In Stock.

Wed

Thu

Sold by Pretty Star and Fulfilled by Amazon.

+5.99

Free

Ship to:

Holder for 25 Vue Pods Drawer (5 Rows X 5 Cols)


Sliding drawer
Stackable for multiple drawers, Space saving design
Easy to Clean, Rubber Mat absorbs vibrations
Dimensions - 13-1/4-inch lenth by 12-1/2-inch width by
3.125 height

Peter Nikolai- Minneapolis


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Frequently Bought Together

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Price for all three: $66.85

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This item: Keurig Vue Cup Storage Drawer Holder for 25 Vue Pods Packs by DecoBros $18.87
30 Count - VUE Cups ALL COFFEE Variety Sampler Pack *NO DECAF (14 Different Flavors!) $27.99 ($9.33 / 10
Items)
K2V-Cup for Keurig VUE Brewers $19.99

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1/5

9/23/2014

Amazon.com:
Keurig Vue Cup Storage
Drawer Holder
Vue Pods
Packs by DecoBros:
CASE
0:15-cv-01576
Document
1-10for 25Filed
03/23/15
Page 3 Kitchen
of 6 & Dining

Barrie House Organic &


Fair Trade Certified
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Product Details
Product Dimensions: 13.5 x 3.2 x 13.3 inches
Shipping Weight: 4.4 pounds (View shipping rates and policies)
ASIN: B008AF63XK
Item model number: KT-AC-003
Average Customer Review:

(528 customer reviews)

Amazon Best Sellers Rank: #5,370 in Kitchen & Dining (See Top 100 in Kitchen & Dining)
Would you like to give feedback on images or tell us about a lower price? .

Product Description
The new design to save up to 25 Vue-cup coffee pods. Easy to slide in and out to get pod you want.
Rubber Mat keep your coffee machine safe to put on the top of the drawer, but also absorbs vibrations
No additional space to store your favorite coffee Pods. Enjoy your coffee with simple organize.

Customers viewing this page may be interested in these sponsored links (What's this?)

Keurig Vue Cup Deals

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Secure, Quality Storage 6 convenient Twin Cities locations

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Customer Questions & Answers


See questions and answers

http://www.amazon.com/Keurig-Storage-Drawer-Holder-DecoBros%C2%AE/dp/B008AF63XK/ref=sr_1_26?m=A2OKR1XXB64S3D&s=merchant-items

2/5

9/23/2014

Amazon.com:
Keurig Vue Cup Storage
Drawer Holder
Vue Pods
Packs by DecoBros:
CASE
0:15-cv-01576
Document
1-10for 25Filed
03/23/15
Page 4 Kitchen
of 6 & Dining

Customer Reviews
(528)
4.8 out of 5 stars
5 star

434

4 star

80

3 star

13

2 star

1 star

My Vue
machine fits
perfectly on
top of this
storage
drawer.
Jason S Marsala

See all 528 customer reviews

All of my
different Vue
cups fit great,
even the Vue
cups, which
are larger, for
the travel
mug size.

I love my
product it fits
nicely under
my new
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Most Helpful Customer Reviews


Customer Images

37 of 41 people found the following review helpful

Large enough to hold the brewer!


By Travels A LOT on October 29, 2012
Verified Purchase

Sturdy, wish it held more. I do not have cabinets over my brewer, so I have ordered a 2nd one to
stack.
Adding to this review, there are 2 versions available though Amazon, my 2nd one has arrived. The
one in THIS review (25 cup) has straight rails inside the drawer to hold the cups in alignment. The
other one (20 cup) has spots on the rails (wavy design) to hold the cups in line and in place, rails
take up more space in the drawer. The 20 cup doesn't work so well on the taller cups (travel brew
size) also makes it a bit difficult to get the taller cups in and out of the back part of the drawer. So,
both work as advertised, which one will work better for your needs would depend on your use case.
Some reviewers have stated the need to put the drawer on it's side to fit with their kitchen set up, the
one with the bent rails (20 cup) will Not help with that, the cups won't go in upside down.
This straight railed version, seems to be built a bit more sturdy.
2 Comments

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29 of 32 people found the following review helpful

Great accessory for my Vue

Most Recent Customer Reviews


Neat and Functional
We have four Keurig Vue machines, one in each of
the vacation rental spaces we offer. This storage
system has a much less obvious footprint - it is much
more discrete and takes up... Read more
Published 1 day ago by IthacaNancy

Holds Vue cups nicely


The box says it's a K-cup holder but the VUE cups
will fit in just fine. If you start loading from the back
and overlap the edge of the cup over the bump out,
you can get an extra... Read more
Published 2 days ago by Alison

By C. Moy on December 1, 2012

Four Stars

Verified Purchase

Love it

This is a great way to store your Vue cups. I love the fact that it will even accommodate the taller
travel mug pods. I choose this over the carousel pod holder made by Keurig as I am not interested in
having my kitchen look like a snack bar in some student lounge. I wanted to keep the pods near the
machine but not have them out on display. The drawer is very well built I keep it under my VUE and
it does not bow or bend in any way. The drawer slides easily and catches at the end so you don't
mistakenly pull it too far out and have the drawer drop and pods fly everywhere. This is better than
the option offered by Keurig, and a far better value in price. I highly recommend this to anyone with a
VUE machine, and would buy it again.

Published 2 days ago by NowRebecca

Be warned though it seems many reviewers are buying this and with the intentions of placing it
underneath their machines but forgetting to measure the height between their cabinets and the top of
the VUE brewer before ordering. Really remember to check to make sure your brewer will still fit

greatest thing since sliced bread


get this! get this now!! greatest thing since sliced
bread....my keurig sits right on top, non-skid surface.
drawer pulls right out, pick what you want and slide it
back. Read more
Published 2 days ago by Juju

Five Stars
nice
Published 5 days ago by Roger Mahler

http://www.amazon.com/Keurig-Storage-Drawer-Holder-DecoBros%C2%AE/dp/B008AF63XK/ref=sr_1_26?m=A2OKR1XXB64S3D&s=merchant-items

3/5

9/23/2014

Amazon.com:
Keurig Vue Cup Storage
Drawer Holder
Vue Pods
Packs by DecoBros:
CASE
0:15-cv-01576
Document
1-10for 25Filed
03/23/15
Page 5 Kitchen
of 6 & Dining

underneath the cabinets with this drawer under it. One of the average review is because of this, the
other is silly as it complains about the capacity being 25 when it clearly states it holds 25.

good quality
very nice
Published 7 days ago by casudee

If you find that you do not have enough room it would be easy to get some hardware from your local
big box store and mount it underneath the cabinet. If thinking about this route please check the depth
of your cabinets vs the depth of this drawer.
Comment

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Yes

No

Love it
Awesome- I love it. Wish it held more!
Published 8 days ago by Jennifer L. Monaco

Five Stars
11 of 13 people found the following review helpful

very good quality...like it..can sit pot on it..which


makes taking up less space on counter.

Diane Ashmore

Published 8 days ago by Kindle Customer

By Dash on October 1, 2012


Verified Purchase

I love my product it fits nicely under my new Keurig VUE machine. All my coffee is within easy reach.
Comment

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5 of 5 people found the following review helpful

As pictured

Published 13 days ago by Sean Proctor

By Danimara on October 15, 2012


Verified Purchase

Great space saving addition to my kitchen for the keurig coffee maker because I can put the Vue
right on top of the drawer
Comment

Was this review helpful to you?

Arrived in good shape. Vue cups fit


nicely in it
Works as advertised. Arrived in good shape. Vue
cups fit nicely in it. It does have a tendency to get
junk piled in front of it. Can't really blame that on the
manufacturer though.

Yes

No

I like it
Very good serves purpose and would recommend it
to our friends
Published 14 days ago by Tom Watson

Search Customer Reviews

12 of 15 people found the following review helpful

holds travel sizes too

Submit
Search

By M. Arnold on October 8, 2012

Search these reviews only

Verified Purchase

Great storage for my Vue pods. My machine sits on top, I can hold all the pods, regular, iced, and
travel mug pods in one spot.
Comment

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2 of 2 people found the following review helpful

Holds Vue pods, but too big!


By Luan Bennett on May 18, 2014
Verified Purchase

This drawer does for what it is designed--holds the larger size Vue cups for Keurig Vue. Howver, with
my cabinetry, the Keurig sits too high on the drawer and you cannot drop a pod in the maker until
you slide it off the drawer. I moved it in my kitchen and it now holds Vue cups plus my kitchen
radio/CD player. Actually wasted my money and it is my fault I did not measure.
Comment

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2 of 2 people found the following review helpful

Perfect storage!
By valdor on November 5, 2012
Verified Purchase

I received the Vue cup drawer and was pleased to find it so well made. The price was fantastic for
the quality. All of my different Vue cups fit great, even the Vue cups, which are larger, for the travel
mug size. The top of the storage drawer is a rubber-type material which helps to cushion the coffee
maker and helps with easy cleanup. The only thing that might have made this better would have
been to have rollers on the bottom. The addition of the extra height made my coffee maker taller and
I have to pull it out from under the cabinet. Still, even with that, I am very happy I purchased it!
Comment

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2 of 2 people found the following review helpful

vue cup drawer holder


By Amazon Customer on September 30, 2012
Verified Purchase

Product was exactly as described and works perfect. The drawers are stackable and I plan to order
another one later. Delivery was quick and problem free.
Comment

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See all 528 customer reviews (newest first)

http://www.amazon.com/Keurig-Storage-Drawer-Holder-DecoBros%C2%AE/dp/B008AF63XK/ref=sr_1_26?m=A2OKR1XXB64S3D&s=merchant-items

4/5

9/23/2014

Amazon.com:
Keurig Vue Cup Storage
Drawer Holder
Vue Pods
Packs by DecoBros:
CASE
0:15-cv-01576
Document
1-10for 25Filed
03/23/15
Page 6 Kitchen
of 6 & Dining

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CASE 0:15-cv-01576 Document 1-11 Filed 03/23/15 Page 1 of 6

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Thisitem:TDiscStorageDrawerHolderfor54PacksbyDecoBros$19.99
TassimoGevaliaCappuccino,8Servings,16CountTDiscs,(8Espresso(2.22oz)+
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ProductDescription
Thenewdesigntosaveupto56TDisccoffeepods.Easytoslideinandouttogetpodyouwant.
RubberMatkeepyourcoffeemachinesafetoputonthetopofthedrawer,butalsoabsorbsvibrations
NoadditionalspacetostoreyourfavoritecoffeePods.Enjoyyourcoffeewithsimpleorganize.

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3/23/2015

CASEAmazon.com:TDiscStorageDrawerHolderfor54PacksbyDecoBros:Tassimo:Home&Kitchen
0:15-cv-01576 Document 1-11 Filed 03/23/15 Page 4 of 6

CustomerReviews
(163)
4.9outof5stars
5star
4star
3star
2star

Reallynice
product
workswell
andlooks
great!

MyTassimo
sitsontop
andtheT
discsfitnicely
inthedrawer
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alex

1star

Ilikethatthe
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anonslip
surfacealso.
RyanM

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Seeall163customerreviews

MostHelpfulCustomerReviews
11of11peoplefoundthefollowingreviewhelpful

Worksperfect!

MostRecentCustomerReviews

ByDdandmmonNovember13,2012

Perfect!Iloveit

VerifiedPurchase

ItisperfectforsittingmyTasimoon.Idon'thitthetopofmyuppercabinetandInowfreeupmy
drawerandcabinetspacethathadbeenholdingmytdiscs!
Comment

Wasthisreviewhelpfultoyou? Yes

No

Perfect!Iloveit.Itreallyfreesupalotofroomand
putseverythingatyourfingertips.Wellmade.I
wouldrecommend.
Published1dayagobyCheryl

9of9peoplefoundthefollowingreviewhelpful

Great!

AwesomeAccessory!
ByM.RossonApril1,2013

SentasapresenttomysisterinlawforChristmas.
Shelovesit!

VerifiedPurchase

Published1dayagobyM.Shannon

Ilovethisdrawerorganizer!TheTDiscsfitverywellintoeachspot.Icanfit2ofthenormalsized
discsinonespot.Thebiggerones(milkforlatte's)getaspotoftheirownduetothesize.Ihaveno
problemsfindingwhatIneedinthemorning.Theitemitselfisdurablegoodquality!Thedrawer
slidesouteasilyanddoesn'tgetstuck.Thetopoftheholderhasanice,softpadding.Iputmy
Tassimomachineonthetopofit.It'sacute,organizedsolutionformysmallersizedkitchen!Iam
happywiththepurchaseandwouldrecommendtoanyone!
Comment

Wasthisreviewhelpfultoyou? Yes

Worksasintended
GreatTdiscstorage.MyTassimobrewersitsontop
andthereisstillspaceunderthecabinet.Smaller
discsfit2toaslotand1ofthelargermilkdiscscan
fitinaslot. Readmore
Published2daysagobyTXGyrlAlly

No

verynice.
Practice,verynice.

7of7peoplefoundthefollowingreviewhelpful

Published3daysagobyMat

JustwhatIwaslookingfor.
ByAcidicSodaonApril16,2013

FiveStars

VerifiedPurchase

ThiswasexactlywhatIthoughtitwasgoingtobe.It'salittlelongerthanIexpectedbecauseI
didn'tpayattentiontothesize.Nonissuethough.IkeepallmyTDiscinitandhavemyTassimoon
top.Thetoppartofthisorganizerislikeasoftfoamytopwhichmakesitslipprof.Thereis
definitelyroomtoputacreamerandsugarsupplyorwhateveryoumaywanttoputwithit.Holds
about27TDiscwithoutdoublingthemperslot.Thesitesays50somethingbutIyoucountthereare
only9spotsperrowand3rows.Iguessifyouhaveespressoyoucanfitmore.Alsoifyouhavea
milktdiscoforcappuccinoitwillstillfit.Definitelyworthhaving.
Comment

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6of6peoplefoundthefollowingreviewhelpful

Sturdyspacesaver

My2ndone.
Published3daysagobyralphcarpenter

FiveStars
FitsnicelyundermyTassimo.JustwhatIneeded!
Published7daysagobyRosemaryF.Sterling

Icouldnotimagineabetter
productouttherethatwouldservea...
Thisitemisoutstanding.Itiswellconstructed.It
holdstdiscsperfectly(twoinoneslot)anditisvery
reasonablypriced. Readmore
Published7daysagobyPNND

ByanonymousonApril1,2013
Excellentwelldesignedproduct.Sturdy,holdsthefatmilksaswillasthesmallercodesandopens
andcloseseasily.
Comment

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No

fitseverythingnicelyandlooks
goodatthesametime
Wellmade,fitseverythingnicelyandlooksgoodat
thesametime.
Published7daysagobyARich

4of4peoplefoundthefollowingreviewhelpful

THEAccessorytoBuyforYourTassimoCoffeeMaker...
ByD.GriecoJr.onAugust27,2013
VerifiedPurchase

Iwon'twasteyourtime...it'sastandforthecoffeemakerwithadrawerthatholdsTDiscs.The
draweractionissmooth,itholdsalotofTDiscsandpositionsthemsoyoucanseethemeasily.
Eachspotinthedrawercanholdeither2regularthicknessdiscs,or1doublethickdisc
(cappuccino/lattemilkdisc).Fortheprice,it'sanobrainerandit'sbetterthanthrowingthecoffee
podsinanearbykitchendrawer.
Comment

Wasthisreviewhelpfultoyou? Yes

No

NeatTDischolder
ThisTDischolderiswellmade,thedrawerslides
easily,anditlooksveryneatonthekitchencounter.
Nowthecoffeemakersitstop. Readmore
Published11daysagobyIrie

Itsagreatproduct.Theonlyreason
Icouldn'tgiveit...
Itsagreatproduct.TheonlyreasonIcouldn'tgiveit
5starsisbecausethetraycameinsomewhat

http://www.amazon.com/TDiscStorageDrawerHolderDecoBros%C2%AE/dp/B008AFNUTU/ref=sr_1_1?s=homegarden&ie=UTF8&qid=1427137589&sr

3/5

3/23/2015

CASEAmazon.com:TDiscStorageDrawerHolderfor54PacksbyDecoBros:Tassimo:Home&Kitchen
0:15-cv-01576 Document 1-11 Filed 03/23/15 Page 5 of 6
warpedwhereitwouldn'tsitflush. Readmore

4of4peoplefoundthefollowingreviewhelpful

Published12daysagobyJoeyN.

TDiscHolder
BycrackeronDecember30,2012

SearchCustomerReviews

VerifiedPurchase

Thedrawerhaslotsofroom,butitcouldbeslightlytallerfortheTDiscs(sometimestheTDisclip
keepsthedrawerfromclosing),Overall,veryhappywithpurchase.
Comment

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Search
Submit
Searchthesereviewsonly

No

4of4peoplefoundthefollowingreviewhelpful

greatdrawer
ByjenonDecember8,2012
VerifiedPurchase

Ilovethistdiscdrawer.It'ssturdyandmycoffeemakerfitsnicelyontopanditdoesn'twobbleor
movewhenyouusethecoffeemaker.
Comment

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4of4peoplefoundthefollowingreviewhelpful

Tdischolder
ByAmazonCustomeronNovember26,2012
VerifiedPurchase

Greatholder.Wouldbereallygreatifdividerswouldholdamilkandespressotogether.But,forthe
price,itsgreatandwellbuilt.
3Comments

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CASE 0:15-cv-01576 Document 1-12 Filed 03/23/15 Page 1 of 2

JS 44 (Rev. 12/12)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Nifty Home Products, Inc.

Pretty Star Store, LLC d/b/a DecoBros

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

Blue Earth

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)


Nikolai & Mersereau, P.A., 900 Second Avenue South, Suite 1550,
Minneapolis, MN 55402, (612) 339-7461

II. BASIS OF JURISDICTION (Place an X in One Box Only)


1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)


CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure


of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act


400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35 U.S.C. et seq.

VI. CAUSE OF ACTION Brief description of cause:


Patent infringement.

CHECK IF THIS IS A CLASS ACTION


VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:


Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/Peter G. Nikolai/

03/23/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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MAG. JUDGE

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JS 44 Reverse (Rev. 12/12)

CASE 0:15-cv-01576 Document 1-12 Filed 03/23/15 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44


Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.


Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

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