Freshub, Inc. et al v. Amazon.Com Inc. et al

Filing 1

COMPLAINT ( Filing fee $ 400 receipt number 0542-12267080), filed by Freshub, Inc., Freshub, Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Civil Cover Sheet)(Palmer, John)

EXHIBIT 5

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Grocery Shopping Made Easy - The New York Times

PERSONAL TECH

Grocery Shopping Made Easy
State of the Art
By DAVID POGUE

JUNE 19, 2008

On “The Jetsons,” when George got hungry, he just pushed a couple of buttons on
the Food-a-Rac-a-Cycle on the kitchen counter. In seconds, a freshly synthesized
meal appeared on a plate, prepared to his exact specifications.
In the real world, food-synthesis science is only in its infancy, as you know if
you’ve ever tasted fake blueberries in a muffin. But there is a machine that could be
the Food-a-Rac-a-Cycle’s great-great-grandfather: a new countertop appliance called
the Ikan.
The mission of this $400 device is to eliminate trips to the grocery store. The
hardware component is a bulbous bar code scanner, dressed up in Any-Décor White
and mounted on a countertop stand, an undercabinet bracket or a wall mount. It
offers a color screen on the front, a laser scanner underneath and a Wi-Fi antenna
inside that connects to your home wireless network.
Each time you’re about to throw away an empty container — for ketchup, cereal,
pickles, milk, macaroni, paper towels, dog food or whatever — you just pass its bar
code under the scanner. With amazing speed and accuracy, the Ikan beeps, consults

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Grocery Shopping Made Easy - The New York Times

its online database of one million products, and displays the full name and
description.
In a clear, friendly font, the screen might say: “Nabisco Reduced Fat Ritz
Crackers 14.5 Oz.,” for example. Now you can toss the box, content that its
replacement has been added to your shopping list.
After a few days of this, you can review the list online at Ikan.net — and if everything
looks good, click once to have everything delivered to your house at a time you
specify.
Maybe it’s not exactly a Food-a-Rac-a-Cycle. But at least it’s the Netflix of
groceries.
Reactions to this gizmo are all over the map. Old-school homemakers may
consider it a silly redundancy. How much more effort is it, they ask, to maintain a
handwritten list? And isn’t going to the grocery store more than just a time drain?
Isn’t it also a little outing, a small source of pride and accomplishment, an
opportunity for social interaction?
Other people can’t believe the amount of time this system saves. You’ve just
compressed a two-hour weekly errand into about 10 minutes. All you have to do is
approve the illustrated, error-proof online shopping list, and then let somebody else
battle the traffic, haul the bags and pay for the gas.
The Ikan company has found that customers’ reactions also depend on age,
income and location (city vs. suburb, for example). But before you decide, consider
some of the less apparent aspects of the Ikan.
First, there’s an environmental benefit. A big green Recycle log appears on the
Ikan’s screen whenever you scan a package that’s recyclable in your town, warning
you not to throw it away. (The company researches each municipality’s recycling
policy individually as Ikan units are purchased, so the logo may not appear the first
day you own the Ikan.)
Furthermore, consolidating many deliveries on a single truck removes a number
of cars from the road, providing an additional green benefit.

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Grocery Shopping Made Easy - The New York Times

Above all, though, your happiness with the Ikan will depend on what grocery
delivery is available in your area.
The best situation is to live in Manhattan or certain surrounding suburbs, where
Ikan is smoothly integrated with the D’Agostino grocery chain. For example, if you
want something that has no bar code, like fresh fruit, you can press a Voice
Reminder button and simply speak it: “Six green bananas.” A D’Agostino
representative on the other end will manually add the requested item to your order.
Furthermore, if you scan something that D’Agostino doesn’t carry, a rep will call
you to discuss a substitution. That speed bump eventually goes away, of course; over
time, your standard list fills with those substitute items that the store does carry.
If you live beyond New York City, you may be able to get delivery from a
company like Peapod, which offers service through Stop ’n’ Shop and Giant stores in
10 states. (That’s the service I tested.)
At the moment, the Ikan isn’t quite as well integrated with Peapod. For example,
those spoken fresh-fruit recordings are not transmitted to your Peapod.com list.
They show up on your page at Ikan.net, neatly typed out when possible (the system
offers speech recognition of 800 terms, like “limes” or “bananas”). But you have to
add them to your Peapod.com list manually.
You don’t get a phone call about substitutions, either. Items that Peapod doesn’t
carry congregate in a special section of your Peapod.com list; choosing substitutions
is left to you.
Most of the Ikan’s weaknesses stem from its fledgling status, not from design or
concept problems. It’s incredibly solid and speedy in performing its central
functions: recognizing your home network, identifying products you’re scanning and
transmitting them instantly to the Web. Even teenagers won’t forget to add things to
the list, since it’s so much fun to scan them.
But the Ikan’s appeal will grow as the company develops partnerships with more
store chains, as the features grow and as the steep price goes down.

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The Ikan unit is a little bulky for a kitchen counter. The next version, the
company says, will be far smaller; it will incorporate a digital camera instead of a
laser apparatus.
It’s also a little alarming that the thing is perpetually on. Sure, it uses only a
trickle of electricity, but seeing that screen lighted day and night, ready for the next
scan, will bug the environmentalist in you.
Finally, you’ve got a wireless Internet-connected machine with a color screen
right there on your counter. What a waste not to have it fetch news, sports scores,
weather and other Web info for you — or, at the least, to offer recipes and how-to
cooking videos. The company says that it plans to add all of these features.
Incidentally, if you’ve never tried home grocery delivery, you’re in for a treat; at
least in my Peapod experiments, the system is extremely refined. The Web site is
exceptionally well designed for quick list-building — you can search by category, by
name, by aisle or by items you’ve ordered in the past.
You can specify a two-hour delivery window, leave instructions like “If no
answer, leave in garage,” use store coupons (just hand them to the driver), use your
store loyalty card, view all of the store’s specials and so on. Frozen items come
surrounded by little dry-ice packets, which produce huge volumes of white cloudy
steam when dropped into a bucket of water — hours of fun for my whole family.
My one disappointment: nearly every item in my test orders came, pointlessly,
in its own white plastic bag — every jar of pickles, every package of bacon. After
unpacking, I put all 30 bags back into the large insulated delivery coolers that the
driver had dropped off, hoping that the store would get the message. Or at least
reuse the bags for the next customer.
Still, the time savings are truly gigantic. For a delivery charge of $6 to $8, you
save a couple of hours a week and you gain incredible convenience. At the very least,
you can use the home delivery option for staples — the stuff you always buy — and
visit the actual store just for the elective items, or things you want to hand-pick.

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Grocery Shopping Made Easy - The New York Times

All right, Americans don’t really need another way to avoid moving their bodies
or leaving the house. But think of it this way: with all that time you save, you can get
to the gym more often. That’s the way of the future, isn’t it?
E-mail: [e-mail]
A version of this article appears in print on , on Page C1 of the New York edition with the headline:
Grocery Shopping Made Easy.

© 2019 The New York Times Company

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