Academy v. A&J Mfg. - Complaint

Case 4:14-cv-02043 Document 1 Filed in TXSD on 07/17/14 Page 1 of 60
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ACADEMY, LTD.
PLAINTIFF
V.
Case No._______________
A&J MANUFACTURING, LLC and
A&J MANUFACTURING, INC.
DEFENDANTS
COMPLAINT FOR DECLARATORY JUDGMENT
Plaintiff Academy, Ltd. (“Academy”) hereby files this Complaint for Declaratory
Judgment against Defendants A&J Manufacturing, LLC and A&J Manufacturing, Inc.
(collectively “A&J”).
JURISDICTION AND VENUE
1. This is an action for declaratory judgment of non-infringement as well as
invalidity and unenforceability under the Declaratory Judgment Act, 28 U.S.C. § 2201 et
seq. and under the Patent Laws of the United States, 35 U.S.C. § 271 et seq. and 28 U.S.C.
§ 1338(a).
2. Venue is proper in this district pursuant to 28 U.S.C. § 1391 and 1400
because A&J sells its products in this judicial district.
3. A&J is subject to personal jurisdiction in this judicial district at least due
to its business in this judicial district including regularly doing or soliciting business,
engaging in other persistent conduct, and/or deriving substantial revenue from goods sold
to Texas residents. More specifically, A&J grill products, including the Duo Grill alleged
to embody what is claimed in the Patents-in-Suit, have been and are being sold in Lowe’s
stores in the Houston, Texas area as well as across the State of Texas.
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4. A&J has engaged in discussions with Academy concerning several
redesigned grills, and as a part of these discussions, despite the clearly non-infringing
design of these grills, A&J asserts that these grills infringe the Patents-in-Suit and fought
the introduction of these grills in the ITC Investigation that is currently going on between
the parties. Further, John Lee Simms, II, owner of A&J, has had business discussions
with Academy and has separately suggested that these redesigned grills infringe, despite
the clear evidence to the contrary. A&J also has asserted that the Patents-in-Suit are not
invalid and are not unenforceable.
5. As a result of the foregoing, an actual, immediate and justiciable
controversy exists regarding whether the redesigned grills infringe the Patents-in-Suit and
whether the Patents-in-Suit are invalid and/or unenforceable.
THE PARTIES
6. Academy is organized and existing under the laws of the state of Texas
having its principal place of business at 1800 N. Mason Rd., Katy, TX 77449.
7. A&J Manufacturing, LLC is a Georgia corporation with its principal place
of business located at 2465 Demere Road, St. Simons, GA 31522.
8. A&J Manufacturing, Inc. is a Florida corporation and an affiliated
company under common ownership and management with A&J Manufacturing, LLC.
THE PATENTS-IN-SUIT
9. The patents at issue are U.S. Patent No. 8,381,712 (“the ’712 patent”), U.S.
Patent No. D662,773 (“the ’773 patent”), and U.S. Patent No. D660,646 (“the ’646
patent”), (collectively, “the Asserted Patents” or “the Patents-in-Suit”).
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A. The ’712 Patent
10. The ’712 patent is entitled “Simultaneous Multiple Cooking Mode
Barbecue Grill.” It issued on February 26, 2013, based on U.S. Patent Application Serial
No. 11/193,320 (“the ’320 application”), which was filed on July 30, 2005, and in turn
asserted priority to provisional applications filed on July 31, 2004. It names John Lee
(“Jay”) Simms, II as the inventor.
11. The ’712 patent discloses barbecue grills having a gas cooking unit and a
solid fuel cooking unit mounted on a single support structure. Figure 1 of the ’712 patent
is reproduced below:
12. Figures 2 and 3 are similar. Figure 2 adds a shelf on the other end of grill
from the side burner shown above in Figure 1, and Figure 3 has an offset firebox in lieu
of the shelf, to convert the solid fuel-fired unit into a smoker.
13. The ’712 patent has three independent claims—claims 1, 10 and 17—
having similar scope, except that claim 17 requires the two cooking units to have a
substantially cylindrical shape. The claims all require that the first cooking unit use gas
cooking fuel and the second cooking unit use solid cooking fuel. The claims further
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require that the two cooking units each have at least one grill, be simultaneously operable,
have their own independently openable covers, and have at least one exhaust attached to
each cover.
14. The dependent claims add requirements of a side burner (claims 2 and 11);
a firebox for using the second unit as a smoker (claims 3 and 12); that the two cooking
units are independently operable of each other (claims 4 and 13); at least one
substantially vertical panel between the two cooking units (claims 5 and 14); two wheels
on the support structure (claim 6); a fuel container holding structure (claims 7 and 15);
that the two cooking units can hold food over a flame (claim 8); and at least two exhausts
on the cover of the first cooking unit (claims 9, 16 and 20). Two other claims that depend
from claim 17 require the substantially cylindrically shaped cooking units to be aligned
substantially coaxially (claim 19), and the openable covers of each cooking unit to form a
portion of their substantially cylindrical shapes (claim 19).
15. Over an eight-year period from filing in 2005 to issuance in 2013, the
prosecution of the ’712 patent included seven office actions; two requests for continued
prosecution; six responses/amendments; two examiner interviews; two notices of appeal;
and one appeal brief. Several of the supposedly important features of the claims as
finally allowed—grills, openable covers, and exhausts—were not even described in
the ’712 patent application as filed. Mr. Simms had to add them by amendment during
prosecution in his attempts to distinguish the prior art.
16. When the application for the ’712 patent (the ’320 Application) was filed,
no original claims recited any “exhaust,” “exhaust means,” or “openable first/second
covers.” The ’320 application as filed contained neither a definition nor a description of
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any of those features -- and the terms exhaust and exhaust means did not appear
anywhere in the originally filed application. The only disclosure identified as providing
written description support for “exhausts” -- unlabeled drawings of smoke stacks in
Figsure 1-3 -- was offered years later during prosecution. The Applicant later voluntarily
cancelled or amended claims to “openings” in the grill lids in response to repeated
rejections by the Examiner. By acquiescing in the Examiner’s rejections, the Applicant
relinquished a claim scope of “exhaust” or “exhaust means” that would broadly
encompass all “openings” on or around grill lids.
17. Every claim of the ’712 patent includes an exhaust or exhaust means
within its scope. Nothing in the ’712 patent claims suggests that either term was intended
to have a broader meaning than the other, even though recited in different claims.
The ’712 specification does not define or even refer to exhaust or exhaust means except
by pointing to the smoke stacks in the drawings. There is no disclosure of a broader
concept of “exhaust” anywhere in the ’712 patent.
18. After two prior rejections and responses by the Applicant, the Examiner
rejected pending claims 1-2 and 16-17 as anticipated by either U.S. Patent No. 3,802,413
to Pepin (“Pepin”) or U.S. Patent No. 4,878,477 to McLane (“McLane”). Pepin was said
to disclose a combined camping stove and barbecue having an upper barbecuing portion
using charcoal 36 and a lower stove portion provided as a heating or stove element 27
that slides out from the case 20 to allow a second cooking surface.
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19. McLane was said to disclose a barbecue grill having multiple grill
housings in a common support stand. As shown in Figure 1 below, grill housing 14 is
adapted to be used with a gas heating unit while grill housings 16 are adapted to be used
with conventional charcoal heat sources. Grill housings 14 and 16 are housed by support
frame 13, which is supported by stand 12.
McLane Figure 1
20. In both grounds of rejection, the Examiner stated that each reference
disclosed all features of the rejected claim(s).
21. In response, the Applicant amended the claims, adding new independent
claim 21 directed to a multiple mode barbecue grill having, inter alia, a second
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retractable cover that included “at least one opening formed therein that permits the
release of hot gases.” In the remarks accompanying the Amendment, the Applicant urged
that claim 21 was neither anticipated nor rendered obvious by the prior art. No other
arguments were presented.
22. On June 23, 2010, the Examiner rejected all claims, including new claim
21, as obvious, based on McLane in view of U.S. Patent No. 4,665,891 to Nemec
(“Nemec”). Figure 1 of Nemec is shown below:
23. The Examiner stated:
Nemec also teaches the enclosure 12 includes at least one

opening (smoke stack 48) formed therein to permit the
release of hot gases. Having the vent on the cover instead
of on any other part of the cooking chamber is deemed a
matter of rearrangement of parts that does not affect the
working of the vent or the cooking chamber. . . It would
have been obvious to one of ordinary skill in the art at the
time of the invention to modify McLane’s cooking device
by including retracting covers for the cooking units and
also provide a vent in the cooking chamber in order to
provide effective means of controlling the heating rate.
24. In response, the Applicant canceled all pending claims and added new
claims 22-42. New claims 30 and 31, depending from new independent claim 22,
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recited:
(New) The barbeque grill of claim 22, wherein the first

cover comprises at least two openings to permit the
passage of gases.
(New) The barbeque grill of claim 22, wherein the second

cover comprises at least one opening to permit the passage
of gases.
25. New dependent claims 38 and 39 were formulated differently (because
they depended from a means-plus-function base claim), and recited:
(New) The barbeque grill of claim 32, wherein the first

cover means comprises at least two means for permitting
the passage of gases.
(New) The barbeque grill of claim 32, wherein the second

cover means comprises at least one means for permitting
the passage of gases.
26. The Examiner rejected the independent claims under 35 U.S.C. § 103
based on McLane in view of Nemec, stating it would have been obvious to include
openings to permit the passage of gas in order to vent the chamber and control cooking in
it. The placement of the vent on the hood was considered to be a mere rearrangement of
parts and an obvious design choice.
27. The Examiner further rejected the claims based on U.S. Patent No.
6,209,533 to Ganard (“Ganard”), said to disclose a second cooking unit that “comprises
at least one opening ... to permit the passage of gases.” As in the previous office action,
the Examiner acknowledged that Ganard did not disclose the vent being located in the
cover, but he considered this to be an obvious matter of rearrangement of parts that would
not affect functioning of the unit. Figure 1 of Ganard is presented below, showing a grill
with smokestack 28 positioned on end wall 26 of smoker chamber 12 and lid 20
connected by hinges 22.
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Ganard Figure 1
28. In response to this rejection, the Applicant canceled claims 30-31 and 38-
39 and amended independent claim 22 to require that the grill have “an openable first
cover attached to the first cooking unit . . . wherein the first cover includes at least one
exhaust” and “an openable second cover attached to the second cooking unit . . . wherein
the second cover includes at least one exhaust.” This language continued into the issued
claims. The Applicant added the limitations requiring the openable covers to include
exhausts after the Examiner stated that “Nemec does not teach the cover (cover means)
comprising the opening (means for permitting the passage of gases).”
29. Regarding means-plus-function claim 32, the Applicant responded to the
rejection by specifically identifying the structures that corresponded to the means-plus-
function limitations. For the “at least one exhaust means” of the first cover, the
Applicant pointed to the two smoke stacks on the first cooking mode unit in Figures 1
and 2. Applicant identified the smoke stack on second cooking unit 120, 220 as the “at
least one exhaust means” of the second cover. The Applicant amended claim 32 to
require openable cover means attached to each of the two cooking means with each cover
means including at least one exhaust means. In the amended claims, the configuration of
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the exhaust/exhaust means was to be based on the type of fuel used in each cooking unit.
30. Concerning the prior art rejections, the Applicant argued that the claim
language added to independent claims 22, 32, and 40 regarding the exhausts included in
the first and second covers formed the basis of patentability for these claims. The
Applicant distinguished the prior art Nemec and Ganard references by stating:
Neither Nemec nor Ganard teaches or suggests that the

configuration of one smoke stacks [sic] on the cover of one
cooking unit would be based on the type of fuel used in that
cooking unit, and that the configuration of another
smokestack on the cover of another cooking unit would be
based on the type of fuel used in that other cooking unit.
Thus, Applicant submits that Nemec and Ganard failed to
teach or suggest . . . “an openable first cover. ..
includ[ing] at least one exhaust” . . . and “an openable
second cover attached to the second cooking unit...
includ[ing] at least one exhaust “
31. By arguing that neither reference taught or suggested a smoke stack on the
covers of the first or second cooking units, and further equating smoke stacks with the
claimed exhausts, the Applicant distinguished the claimed exhausts as smoke stacks, as
opposed to vents or other types of openings, in order to overcome the prior art rejections.
32. The Examiner rejected all of the narrowed claims under 35 U.S.C. § 112
because there was no written description support for an exhaust “having a configuration
based on the type of fuel used in the cooking unit,” which the examiner considered to be
new matter. The Examiner objected to the drawings as not showing every feature of the
claimed subject matter, because the exhausts and the cover (cover means) were not
shown. And he again rejected all claims as obvious based on McLane in view of U.S.
Patent No. 4,700,618 to Cox (“Cox”), noting that:
The limitation that at least one exhaust is on the first or

second cover instead of on the cooking units is deemed a
matter of rearrangement of parts that would not affect the
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functioning of the units. In re Japikse, 181 F.2d 1019, 86

USPQ 70 (CCPA 1950), MPEP 2144.04 VI C. In this case
the exhaust on another part of the unit other than the cover
would not make the exhaust nonfunctional.
33. McLane and Cox teach barbecue grills with multiple cooking units that are
simultaneously operable. Figure 1 from Cox, issued on October 20, 1987, shows a
barbecue grill comprising, among other features, a smoker oven (12) with a “door” (38)
and two chimney exhausts (20 and 24). The two chimneys 20 and 24 are “connected
with respective cooking volumes within smoker 12.”
34. The Examiner acknowledged that Cox failed to show the exhausts located
on the openable covers of the cooking units, but considered the modification to have the
exhausts actually on the cover to be obvious, as a matter of rearrangement of parts that
would not affect the functioning of the units. The Examiner also noted that having the
exhaust on the cover was well known in the art, citing to U.S. Patent No. 6,606,986 to
Holland (“Holland ’986”).
35. The Applicant amended the drawings by adding numerals calling out the
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smoke stacks on each of the grills in Figures 1-3, and adding language to the specification
defining each of the smokestacks as exhausts. The Applicant cited Figures 1-3 as the sole
written description support for “exhausts” on the openable covers. The Applicant
amended the specification to specifically name smokestacks 111, 122, 211, 222, 311 and
322 as exhausts. At no point did the Applicant amend the specification to disclose a
broader inventive concept of exhausts than that depicted by the numbered smokestacks in
each of Figs. 1-3. Further, the Applicant deleted claim language requiring exhausts to be
configured based on the type of fuel used in the cooking unit.
36. In an Interview Agenda dated December 13, 2011, the Applicant stated
“the as-filed drawings illustrate that the exhausts for the respective gas and solid fuel
cookers differ in at least the number of exhaust elements.” The Applicant thus
specifically characterized the smoke stacks of the drawings as exhausts of the gas and
solid fuel cookers rather than examples of exhausts, or as representative of a more
broadly disclosed concept. Similarly, the Applicant’s Appeal Brief repeatedly
characterized the claimed exhausts and exhaust means by reference to the exact same
structures in the specification: Figures 1-3, Nos. 112, 212, 312, 122, 222 and 322. The
Applicant equated the scope of exhaust and exhaust means by identifying the same
disclosure and structures as support for each.
B. The ’646 Patent
37. The ’646 patent is entitled “Pair Of Lids For A Dual Grill” and names
John Lee Simms, II as the inventor. It issued on May 29, 2012, based on Application
Serial No. 29/392,019 (“the ’019 application”), which was filed on May 16, 2011—
nearly six years after the ’712 patent application. The belatedly filed ’646 patent
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application initially asserted priority as a continuation of the application for the ’712
patent. However, the statement on the face page of the ’646 patent stating that it issued
as a continuation is a printing error because, as the prosecution history makes clear, it is
not.
38. Figure 1 of the ’646 patent below is the same as Figure 1 of the ’712
patent, except for substitution of dashed lines for solid lines for all but the covers or “lids”
and in each lid for an inset thermometer.
39. The remaining figures—Figures 2-7 below—are not found in the ’712
patent.
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40. The ’646 patent has a single claim: “The ornamental design for a pair of
lids for a dual grill, as shown and described.” Consistent with this claim, the only items
that are drawn in solid lines in the figures and that form part of the claimed invention are
the pair of semi-cylindrical lids, each with a hole for an inset thermometer. The lids
contain surface shading showing that the lids are solid surfaces. The rest of the barbecue
grill is shown in dashed lines and does not form part of the claimed invention.
41. In a first office action mailed September 22, 2011, the Examiner rejected
the claim under 35 U.S.C. § 112, first paragraph, because the ’646 patent application was
not entitled to assert priority as a continuation of the ’712 patent application. The
Examiner concluded that there was no support in the ’712 patent application for Figures
3-7 of the ’646 patent application.
42. In his response dated December 20, 2011, Mr. Simms amended the
application to claim priority as a continuation-in-part of the ’712 patent application and
obtain allowance of the application. In the Notice of Allowance mailed January 26, 2012,
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the Examiner acknowledged Mr. Simms’ amendment and again noted that the ’646 patent
application was not entitled to the benefit of the filing date of the ’712 patent application,
but declined to further consider that issue “unless the filing date of the earlier application
is actually needed, such as to avoid intervening prior art.”
43. In a response dated February 17, 2012, Mr. Simms disputed the
Examiner’s statement that the ’646 patent application was not entitled to the filing date of
the ’712 patent application. Mr. Simms also responded to the Examiner’s concern about
the possible existence of intervening prior art with the following improper statement:
In examination of the present application, the examiner

must have considered all of the art dated up until the filing
date of the present application, including those references
cited by the applicant in information disclosure statements
filed on June 22, 2011, December 20, 2011, and January 4,
2012. The examiner did not need to, and is instructed not
to, consider the entitlement to priority of the present
application because the examiner did not identify any
references which (1) question the patentability of the
present application, and (2) are dated between the filing
of the parent application and the filing date of the present
application. Thus, any statement of entitlement to priority
by the examiner is dicta …
44. The information disclosure statements referenced by Mr. Simms did not
include any disclosure of the public uses and sales activities for A&J’s Char-Griller Duo
Model #5050 Grill (“Duo Grill”) that occurred before the “critical date,” i.e., more than
one year before the May 16, 2011 filing date of the ’646 patent application. Instead, all
that Mr. Simms disclosed was a third-party article about the Duo Grill published in
July/August 2010, dated less than one year before the filing date of the ’646 patent
application.
C. The ’773 Patent
45. The ’773 patent is entitled “Set Of Smoke Stacks For A Dual Grill.” It
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issued on July 3, 2012, based on Application Serial No. 29/392,027 (“the ’027
application”), which was filed on May 16, 2011. The application likewise initially
asserted priority as a continuation of the application for the ’712 patent, but the ’773
patent is correctly shown to claim priority as a continuation-in-part due to an amendment
during prosecution.
46. Figure 1 of the ’773 patent below is the same as Figure 1 of the ’712
patent, except for substitution of dashed lines for solid lines for all but the exhausts or
“smoke stacks.”
47. The remaining figures—Figures 2-7 below—are not found in the ’712
patent.
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48. The ’773 patent has a single claim: “The ornamental design set of smoke
stacks for a dual grill as shown and described.” As with the ’646 patent, the only items
that are drawn in solid lines and form part of the claimed invention are the two smoke
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stacks on the gas grill and the single smoke stack one on the solid fuel grill. The rest of
the barbecue grill is shown in dashed lines and does not form part of the claimed
invention.
49. The prosecution history of the ’773 patent paralleled that of the ’646
patent, except that Mr. Simms did not file any response to the Notice of Allowance
similar to the one dated February 17, 2012 in the prosecution of the ’646 patent
application.
50. In a first office action mailed October 3, 2011, the Examiner rejected the
claim under 35 U.S.C. § 112, first paragraph, because the ’773 patent application was not
entitled to assert priority as a continuation of the ’712 patent application. In his response
dated January 3, 2012, Mr. Simms amended the application to claim priority as a
continuation-in-part of the ’712 patent application. And, in a Notice of Allowance
mailed March 5, 2012, the Examiner acknowledged this amendment and noted that
the ’773 patent application was not entitled to the benefit of the filing date of the ’712
patent application, but declined to further consider that issue “unless the filing date of the
earlier application is actually needed, such as to avoid intervening prior art.”
51. As with the ’646 patent application, Mr. Simms failed to disclose the
public uses and sales activities for the Duo Grill more than one year before the May 16,
2011 filing date of the ’773 patent application. Again, he only disclosed the same third-
party article about that product published in July/August 2010, less than one year before
the May 16, 2010 “critical date” for the ’773 patent.
THE PRODUCTS AT ISSUE
52. Academy has developed several new grills. These grills are the Outdoor
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Gourmet Pro Triton Supreme Style # FSODBG1205 (see Exhibit A, Photos of
FSODBG1205 Grill), Outdoor Gourmet Pro Triton DLX Style # FSODBG3003 (see
Exhibit B, Photos of FSODBG3003 Grill), Outdoor Gourmet Triton Original Style #
FSOGBG3002 (see Exhibit C, Photos of FSOGBG3002 Grill); and Outdoor Gourmet
Triton Gas/Charcoal Combo Style #FSOGBG1203 (also known as model number
CG3023A) (see Exhibit D, Renderings of FSOGBG1203 Grill). These grills may
collectively be referred to as the “Redesign Grills.”
53. A feature common to each of the Redesign Grills is that the lid for the gas
grill side has lateral vents on the fixed portion of the grill. There are lateral vents – and
not a smoke stack – on the gas side of each of these grills, and the lids on the gas side do
not include any smoke stack, pipe, shutter, or other structure that would allow for gases to
be expelled. Instead, the gases flow through the lateral openings or vents in the fixed
base of each grill. Further, user manuals (Exhibits E-G) confirm that each of the
Redesign Grills lacks a smoke stack, chimney or other similar structure on the openable
gas side grill lid.
54. The Redesign Grills include only a single cooking unit with two lids and a
divider to separate the side of the grill that uses gas fuel from the side of the grill that
uses charcoal fuel. The divider is integral with, or part of, the single cooking unit. User
manuals for the Redesign Grills (Exhibits E-G) confirm that each of these grills includes
a single body including a divider to separate the side of the body that uses gas fuel and
the side that uses charcoal fuel.
55. Moreover, the Redesign Grills have been or in the process of being
imported into the United States unassembled and the customer (or someone else) will
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assemble once sold. The lids of each grill are not attached to the body before the
customer assembles. The Redesign Grills also are not imported or sold into the United
States with a side firebox attached to the grill. A user must assemble each grill after
purchase to attach a firebox to the grill.
COUNT I
DECLARATORY JUDGMENT OF NON-INFRINGEMENT
56. Academy realleges and incorporates paragraphs 1-55 as if fully set forth
herein.
57. Academy has developed, has had manufactured, and is selling the
Redesign Grills. A&J has alleged that Academy infringes the Patents-in-Suit and that
A&J intends to assert the Patents-in-Suit against the Redesign Grills. Therefore, an
actual controversy has arisen and exists as to whether Academy has infringed the Patents-
in-Suit.
58. The Redesign Grills do not infringe the ’712 patent as they only have one
smokestack on the charcoal side and the gas side does not include smokestacks but rather
has lateral vents on the fixed portion of the grill. The gas grill portion of these grills
lacks a smoke stack, chimney or other similar structure on the gas grill side lid and there
is no exhaust on an openable cover on the gas side.
59. The Redesign Grills do not infringe the ’712 patent because they lack a
first and second “cooking unit” or “means for cooking.” The claims require that a first
cooking unit (means for cooking) and a second cooking unit (means for cooking) be
attached to a support structure. None of these grills contain independent, separate, first
and second cooking units.
60. Moreover, the Redesign Grills have been or are being imported into the
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United States unassembled and cannot infringe the ’712 patent. The claims of the ’712
patent require that the covers be attached to cooking units, and the Redesign Grills do not
contain covers attached to cooking units. Dependent claims 3 and 12 depend from claims
1 and 10, respectively, and further require a “firebox” / “firebox means.” The Redesign
Grills are not imported or sold into the United States with a side firebox. Accordingly, a
user must assemble each grill after purchase to attach a firebox to the grill. Thus, none of
these grills infringe dependent claims 3 and 12.
61. The Redesign Grills do not infringe the ’646 patent or the ’773 patent
because the lids have a different shape and these grills do not include smokestacks on the
gas side of the grill.
62. The Redesign Grills have a substantially different overall appearance from
the patented design. This is seen through comparing the figures of the ’646 patent to the
accused products. An ordinary observer having knowledge of the prior art would not
purchase the Redesign Grills thinking they were the patented design. The differences
between the Redesign Grills and the designs claimed in the ’646 and ’773 patents relate
to the prominent parts of each design, not “minutiae” or “insignificant details.” The
differences are significant and readily visible to an ordinary observer.
63. There are differences in what is claimed in the figures of this patent and
the designs of the Redesign Grills. The side surfaces of the grill lids in the ’646 patent
design are more rounded or circular, while the photos and renderings of the Redesign
Grills show surfaces that are more boxy and include more straight edges than the lids in
the ’646 patent design. Further, the hinges on the lids of the Redesign Grills protrude
outward from the lid surface, whereas the ’646 patent design requires that there be no
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protrusions or outwardly facing extensions from the rear portion of the openable cover.
The lids of these grills do not have a continuous semicircular or rounded appearance.
Rather, there are portions of the lid design having straight/flat edges. Further, the hinges
on the lids of the Redesign Grills protrude outward from the lid surface, whereas the ’646
patent design requires that there be no protrusions or outwardly facing extensions from
the rear portion of the openable cover.
64. Based on at least these differences from the ’646 patent design and the
Redesign Grills, the overall impression is that these grills are distinctively different and
an ordinary observer seeing these products would notice the differences from the ’646
patent design and would not be so confused as to purchase one supposing the Redesign
Grills to be the ’646 patent design. Accordingly, the Redesign Grills do not infringe
the ’646 patent.
65. With respect to the ’773 patent, the Redesign Grills lack any smoke stacks
on the gas side of the grill. The sole claim and each of the figures of this patent require
smoke stacks on the gas grill side. In the absence of any smoke stacks on the gas side,
the Redesign Grills cannot infringe. Based on at least these differences from the ’773
patent design and the Redesign Grills, the overall impression is that these grills are
distinctively different and an ordinary observer seeing these products would notice the
differences from the ’773 patent design and would not be so confused as to purchase one
supposing the Redesign Grills to be the ’773 patent design. Accordingly, the Redesign
Grills do not infringe the ’773 patent.
66. Pursuant to the Federal Declaratory Judgment Act, Academy requests a
declaration by the Court that it does not infringe the Patents-in-Suit.
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COUNT II
DECLARATORY JUDGMENT OF INVALIDITY
67. Academy realleges and incorporates by reference paragraphs 1-66 as if
fully set forth herein.
68. Based on the allegations above, an actual controversy has arisen and now
exists as to the validity of the Patents-in-Suit.
69. The Patents-in-Suit are invalid for failure to meet one or more of the
requirements set forth in Title 35 of the United States Code, including Sections 101, 102,
103, 112, and/or 171.
70. The Patents-in-Suit are invalid because, among other things, there is prior
art that renders them anticipated and/or obvious and examples are set forth below.
1. Invalidity of the ’646 and ’773 Patents Under 35 U.S.C. §

102(b) Based on A&J Duo Grill
71. The ’646 patent and the ’773 patent are invalid because they are
anticipated under 35 U.S.C. § 102(b) by A&J’s own grill product, the Duo Model #5050
grill (“the Duo Grill”). A&J began selling a version of the Duo Grill in the United States
in 2007. The Duo Grill embodies the ’646 and ’773 patents, but A&J did not file for the
patents until May 2011. Accordingly, these patents are invalid under 35 U.S.C. § 102(b)
because the grill designs depicted in these patents were on sale in the United States more
than one year prior to the application date for the patents.
72. A&J has alleged that the Duo Grill incorporates the “designs” found in
the ’646 patent and the ’773 patent. One of A&J’s prior customers that purchased the
Duo Grills for sale more than one year before the filing of these patents in the United
States was Academy. Academy purchased a small quantity of the Duo Grill to be sold in
Academy retail stores from A&J in October 2006. Academy began selling the Duo Grill
24
in select Academy retail stores in the United States in or about February 2007, and then
began selling at Academy retail stores across the United States in 2008. Academy
purchased and sold over 10,000 Duo Grills from May 2008 to December 2009.
73. During the period from 2007 to 2010, the design and appearance of the
semi-cylindrical lids and the smoke stacks of the Duo Grill did not change. More
specifically, the smoke stacks depicted in the ’773 patent are visually identical to or at
least substantially the same as the smoke stacks in the A&J Duo Grills available from
2007-2010. Further, the semi-cylindrical lids depicted in the ’646 patent are visually
identical to or at least substantially the same as the semi-cylindrical lids in the A&J Duo
Grills available from 2007-2010.
74. Academy also advertised the Duo Grill in print newspapers through the
United States on multiple occasions in 2008 (Exhibits H-K). These advertisements show
a frontal view of the Duo Grill that corresponds to Figure 1 in both the ’646 patent and
the ’773 patent. In these advertisements, the semi-cylindrical pair of lids depicted in
the ’646 patent is visually identical to or at least substantially the same as the semi-
cylindrical lids that Academy advertised for sale in a printed newspaper in April 2008.
Also, the smoke stacks depicted in the ’773 patent appear visually identical to or at least
substantially the same as the smoke stacks that Academy advertised for sale in a printed
newspaper in April 2008.
75. A Duo Grill user manual is available on the Chargriller.com website
(Exhibit L). This manual is publicly accessible and has a 2006 copyright date. The
frontal view on this manual corresponds to Figure 1 in both the ’646 patent and the ’773
patent. As can be seen by comparing them, the semi-cylindrical lids depicted in the ’646
25
patent are visually identical to or at least substantially the same as the semi-cylindrical
lids that were depicted in the user manual having a 2006 copyright date. Also, the smoke
stacks depicted in the ’773 patent appear visually identical to or at least substantially the
same as the smoke stacks depicted in the Duo Grill user manual.
76. The ’646 patent is anticipated by the A&J Duo Grill because, in a side-by-
side comparison of the ’646 patent drawings and photos of the Duo Grill, the design of
the semi-cylindrical lids in the ’646 patent appears identical to or at least substantially the
same as the lids of the Duo Grill made prior to the effective filing date of the ’646 patent.
As this shows, the appearance of the Duo Grill lids is the same or nearly the same as the
lids in the ’646 patent drawings, satisfying the ordinary observer test. Comparing photos
of other views of the Duo Grill with the lids disclosed in the ’646 patent also shows that
the lids appear the same to an ordinary observer.
77. Any differences between the design claimed in the ’646 patent and the
Duo Grill are so minor as to escape the attention of the ordinary observer, particularly
given that the ordinary observer only gives “such attention as a purchaser usually gives.”
A&J has asserted that the Duo Grill embodies the claim of the ’646 patent. Because the
Duo Grill satisfies the ordinary observer test, the ’646 patent is invalid under 35 U.S.C. §
102(b) because it is anticipated by that grill.
78. Like the ’646 patent, a side-by-side comparison of the ’773 patent figures
and photographs and drawings of the Duo Grill made more than one year prior to the
effective filing date of the patent shows that the smoke stacks in the Duo Grill appear
substantially the same as those depicted in the ’773 patent. It shows that the smoke
stacks of the Duo Grill appear identical or nearly identical to the smoke stacks in the ’773
26
patent, satisfying the ordinary observer test. The appearance of the smoke stacks in the
Duo Grill is identical or at least substantially the same as the smoke stacks shown in
the ’773 patent. An ordinary observer would find the two designs to be identical.
79. Any differences between the design claimed in the ’773 patent and the
Duo Grill are so minor as to escape the attention of the ordinary observer.” Accordingly,
the ’773 patent is invalid under 35 U.S.C. § 102(b) because it is anticipated by the Duo
Grill.
2. Additional Grounds for Anticipation of the ’646 Patent
80. U.S. Patent No. 6,189,528 to Oliver (hereinafter “Oliver”) was filed on
May 25, 1999 and issued on February 20, 2001, well more than one year prior to the May
16, 2011 filing date of the ’646 patent. Oliver shows and describes a pair of lids for a
dual grill. Figure 19 of Oliver is virtually identical to the design shown in the ’646 patent,
including a pair of half-cylinder lids that are spaced apart.
81. With respect to Figure 1 of the ’646 patent, Oliver shows and describes a
dual grill including a pair of lids that extend from the middle front of the grill to the back
of the grill. The lids further extend to the sides of the grill. The two lids thus form two
independent half cylinders as depicted in at least Figure 19 of Oliver.
82. With respect to Figure 2 of the ’646 patent, at least Figure 19 of Oliver
depicts two independent half cylindrical lids with a visually defined gap/space separating
the pair of lids (column 6, lines 7-16).
83. Turning to Figure 3 of the ’646 patent, although a back view of the grill of
Oliver is not specifically depicted, it is evident from Figures 19 and 23 that Oliver
includes dual independent half cylindrical lids again with a visually defined gap/space
separating the pair of lids. At least Figures 19 and 23 additionally show that the lids
27
extend to the back of the grill.
84. With respect to Figures 4 and 5 of the ’646 patent, a combination of
Figure 19, Figure 23, and the side end view depicted in Figure 11 of Oliver depict a pair
of half cylindrical lids. Each of the lids depicted in Figures 19 and 23 include the same
design. These figures show that the lids extend from the front of the grill to the back of
the grill and to each side/end such that a half-circular lid would be visible from each side
(end) view.
85. Oliver also anticipates Figure 6 of the ’646 patent. Although a top view is
not specifically depicted in Oliver, at least Figure 23 shows that the lids of Oliver include
dual independent half cylindrical lids and show the visually defined space separating the
pair of lids. The gap/space extends from the front to the back of the grill. Figure 23
additionally shows that the claimed lids extend from the front of the grill to the back of
the grill.
86. The bottom view (Figure 7) of the ’646 patent is entirely in phantom and
therefore does not depict any claimed features of the dual lid design.
87. As each figure of the ’646 patent is disclosed in Oliver, the ’646 patent is
anticipated by Oliver.
88. U.S. Patent Publication No. 2010/0083947 to Guillory (“Guillory”) also
anticipates the ’646 patent. More specifically, Figure 1 of Guillory shows a grill with
dual lids in the shape of a half-cylinder. There is a space between the two lids that is
labeled 12C.
89. U.S. Patent No. 4,090,490 to Riley (hereinafter “Riley”) also anticipates
the ’646 patent. Figure 1 of Riley shows a cylindrical lid on each barbeque. Riley shows
28
a single grill in the shape of a barrel with a half-cylindrical shaped lid.
90. In addition, there are various historical cylindrical cylinders that also
anticipate the ’646 patent. “Rail-Road Barbecues” were used to promote the expansion
of railroads in the United States prior to the civil war. Further, barrel shaped boilers and
smoke stacks on locomotives look similar to barbecues and smokers that later evolved in
the early 1900s at churches and roadside stands and continue to be construed today.
Accordingly, the prior art renders the ’646 patent is invalid.
3. Obviousness of the ’646 Patent
91. U.S. Patent No. 5,632,265 to Koziol (hereinafter “Koziol”) teaches a pair
of grill units side by side and spaced apart from each other (as shown in Figure 3). It
would have been obvious to modify the grill units of Koziol to be substantially
cylindrical in shape such that the lids are in the shape of half cylinders. Barbecue grills in
the shape of cylinders in which the lids form a half cylinder have been around for a long
time and it is not a novel design.
92. The combination of Koziol and Riley also renders the ’646 patent obvious.
93. Koziol was filed on June 1, 1995 and issued on May 27, 1997, well more
than one year prior to the May 16, 2011 filing date of the ’646 patent. Koziol teaches a
pair of identical lids for a dual grid (see, e.g., Figure 3). Riley was filed on February 8,
1977 and issued on May 23, 1978, well more than one year prior to the May 16, 2011
filing date of the ’646 patent.
94. Turning to Figure 1 of the ’646 patent, Koziol teaches a dual grill
including a pair of lids that extend from the middle front of the grill. Although a back
view of the grill of Koziol is not specifically shown, it is evident from Figures 3 and 11
29
that the lids extend to the back and sides of the grill. Although Koziol’s lids are not
cylindrical in shape, grills with cylindrical lids are well known in the art. See, e.g., Riley.
The use of such a shape was common and well known to those of ordinary skill and has
the advantages of simplicity and low cost. Riley teaches a grill with a half cylindrical lid.
As shown in Figures 1 and 4, the lid of Riley extends from the middle front of the grill to
the back. The lid further extends to the side of the grill.
95. With respect to Figure 2, at least Figures 3 and 11 of Koziol show and
describe two independent lids with a visually defined gap/space separating the pair of lids.
Although Koziol’s lids are not cylindrical in shape, grills with cylindrical lids were well
known in the art (i.e., Riley which shows in Figure 1 a grill with a half cylindrical lid).
96. The combination of Koziol and Riley also discloses Figure 3 of the ’646
patent. Although a back view of the Koziol grill is not specifically shown, it is evident
from Figures 3 and 11 that the Koziol device includes dual independent lids with a
visually defined gap/space separating the pair of lids. It would be understood by persons
skilled in the art that the lids extend to the back of the grill. Although Koziol’s lids are
not cylindrical in shape, grills with cylindrical lids were well known in the art (i.e., Riley
which shows and describes a grill with a half cylindrical lid in Figures 1 and 4 that
extends to the back of the grill).
97. Koziol and Riley also disclose the side views of Figures 4 and 5. As
shown in Figures 3 and 11 of Koziol, each set of lids includes the same design. These
figures show that the lids extend from the front of the grill. Although a side view is not
specifically depicted in Koziol, it would be understood by persons skilled in the art that
the lids extend to the back of the grill and to each side/end. Although Koziol’s lids are
30
not cylindrical in shape, grills with cylindrical lids were well known in the art (i.e., Riley
which shows a grill with a half cylindrical lid in Figure 4, and the lid extends from the
middle front of the grill to the back and further extends to the side of the grill and shows
that a half-circular lid is visible from each side).
98. With respect to Figure 6 of the ’646 patent, although a top view is not
specifically depicted in Koziol, it is evident from at least Figures 3 and 11 that the Koziol
grill includes dual independent lids and there is a visually defined space separating the
pair of lids. The gap/space extends from the front to the back of the grill. Although
Koziol’s lids are not cylindrical in shape, grills with cylindrical lids were well known in
the art (i.e., Figure 2 of Riley shows the top of the grill includes a half cylinder lid which
extends from the front of the grill to the back of the grill).
99. The bottom view (Figure 7 of the ’646 patent) is entirely in phantom and
therefore does not depict any claimed features of the dual lid design.
4. Obviousness of the ’773 Patent
100. U.S. Patent No. 4,773,319 to Holland (hereinafter “Holland ’319”) was
filed on January 25, 1988 and issued on September 27, 1988, well more than one year
prior to the May 16, 2011 filing date. Holland ’319 shows a gas grill unit with two
smoke stacks on the lid in Figure 2.
101. U.S. Patent No. 4,664,026 to Milloy (hereinafter “Milloy”) was filed on
November 1, 1985 and issued on May 12, 1987, well more than one year prior to the May
16, 2011 filing date. Figure 1 of Milloy discloses cylindrical smoke stacks on a grill in a
location similar to that disclosed in the ’773 patent. The smoke stack is in the rear of the
cylindrical axis of the lid and offset towards the side or end of the cylindrical lid.
31
Cylindrical smoke stacks have been used extensively over the last 100 years.
102. The combination of Holland ’319 and Milloy renders obvious the ’773
patent insofar as Holland ’319 shows and describes a pair of smoke stacks on an openable
cover of a gas grill and Milloy shows and describes a single smoke stack on a barbecue
cooking and smoking apparatus. With respect to Figure 1 of the ’773 patent,
Holland ’319 discloses a barbecue grill and cooker 10 including a housing 12. Housing
12 comprises a bottom surface 18 with a gas burner unit 20 positioned in the center
thereof although other types of heat sources are contemplated such as charcoal briquettes
or an electric resistant heat source (see column 3, lines 14-27). A hood 42 is pivotably
attached to housing 12 and includes a handle 44 and two chimneys 46. Chimneys 46
each have a cap 48 thereon with side ports 50 so that barbecue grill and cooker 10 can be
operated during inclement weather (see column 3, lines 52-57). Accordingly,
Holland ’319 discloses a (gas) grill including a set of smoke stacks, each including a rain
guard (cap). Milloy discloses a barbecue unit 10 including a firebox 12 and an oven 14.
The oven is equipped with a flue or smoke stack 60 which is connected into the interior
chamber of the oven through the wall of the oven in order to provide exhaust of heat and
smoke that comes into the oven from the firebox. The flue 60 has an end 62 to which
may be connected a damper (not shown) which may be used to regulate the amount of
flow through the flue 60 in order to control the temperature or the amount of heat and
smoke passing therethrough. See column 3, lines 50-58.
103. The ’773 patent also is obvious over Holland ’319 in view of U.S. Patent
No. 5,404,801 to Holland (hereinafter “Holland ’801”) which shows a single cylindrical
smoke stack on the lid of a solid fuel grill.
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104. Milloy also teaches the use of a smoke stack exhaust affixed to the grill in
a location similar to that disclosed in the ’773 patent – rear of the cylindrical axis offset
towards the side/end of the cylinder, such as in Figure 1. The historical smoke stacks on
cylinders and grills used for obviousness of the ’646 patent also apply to the ’773 patent.
5. Invalidity Under 35 U.S.C. § 171
105. The ’646 patent and the ’773 patent are invalid under 35 U.S.C. § 171
because the claimed designs are not ornamental.
6. Invalidity of the ’712 Patent
106. Claim 1 is obvious over Holland ’319. Claim 1 is obvious over U.S.
Patent No. 5,632,265 to Koziol based on the knowledge of one of ordinary skill in the art
that all grills need “exhausts” for venting combustion air from gas and charcoal grills.
Alternatively, claim 1 is obvious over Koziol in view of Holland ‘319 and obvious over
McLane in view of Oliver and/or Holland ‘319.
107. McLane and Pepin are also relevant in terms of the general concept of
combining simultaneously useable charcoal and gas grills in one configuration. Covers
and placement of exhaust stacks or exhaust openings are obvious additions as some type
of exhaust is always required for combustion and covering cooking containers to
maintain heat has been done for many hundreds of years, if not thousands of years.
a. Invalidity Based on Oliver
108. The preamble of claim 1 recites “a barbecue grill having multiple cooking
units.” Oliver discloses a barbecue grill having multiple cooking units. Looking at the
Abstract, Oliver is directed to an “outdoor cooking system” or “portable grill easily
carried as components.” Figures 19-21 and 23 show and describe barbecue grills having
33
multiple cooking units. For example, in describing Figure 19, Oliver states that “FIG. 19
is a perspective view of an alternate embodiment of the cooking system of FIG. 1 in
which two cooking systems are configured to operate together.” In describing Figure 20,
Oliver states that “FIG. 20 is a perspective view of the cooking system of FIG. 19
wherein top reflectors are open and a container of fuel is positioned along one end thereof
for cooking on a griddle on one side of the cooking system, and a charcoal grill is used on
the other side.” These disclosures are readily understood when looking at Figure 20 of
Oliver.
109. Figures 19, 20, 23 of Oliver disclose “leg stands 24 and 26,” which
support the cooking units. In fact, all of the embodiments of Oliver disclose leg stands 24
and 26. In describing the embodiment of Figure 20, Oliver explains that “[t]his double
width cooker is provided with support rods 120, 122 and 128 which are longer than rods
20, 22, 28 and 30, and are assembled and used in a similar manner to rods 20, 22 and 128.
Two each rods 30 are assembled with two reflectors 14 and four lid ends 18.”
110. The Figure 20 embodiment of Oliver discloses a first cooking unit
configured to cook food using gas cooking fuel, which is the cooking unit on the left side
of the grill. For example, Oliver explains that “FIG. 20 is a perspective view of the
cooking system of FIG. 19 wherein top reflectors are open and a container of fuel is
positioned along one end thereof for cooking on a griddle on one side of the cooking
system, and a charcoal grill is used on the other side.”
111. The first cooking unit is attached to the support structure (leg stands 24
and 26) in Oliver.
112. While the gas unit on the left in Figure 20 (left) is shown with a griddle
34
instead of a “grill” or grate, a person skilled in the art would understand that griddles and
grates are readily interchangeable depending on the type of food being cooked. A person
skilled in the art would understand that one could readily substitute a “grill” or grate for
the griddle in the embodiment of Figure 20. A grill or grate is disclosed in several of the
embodiments of Oliver, including in Figures 20 and 21.
113. In describing the embodiment of Figure 20, Oliver discloses that “two
each reflectors 12 and 14 are assembled on rods 120, 122, 128 and 130.” The reflectors
12 and 14 correspond to openable covers, wherein reflector 12 corresponds to the
openable first cover attached to the first cooking unit that selectively covers the first grill.
Additionally, Oliver teaches that the lids can be designed to be independently openable in
order to selectively cover the first grill: “In this configuration [FIG. 23], it is possible to
open only one lid section at a time to reduce the loss of heat while attending to the food
or fire at one end of the double width cooker.” This is also evident in Figure 19 of Oliver.
114. Oliver discloses that “lid ends 18 may be slid along rods 28 and 30 to vary
the distance from lid 14 to vary flow of draft air for the first.” Additionally, claim 18 of
Oliver recites “wherein at least one of the lid ends may be spaced apart from the lid
reflector to provide combustion air for the cooker.” In order words, Oliver teaches that
lid ends 18 create “openings…that would allow smoke, vapor and gas to escape from the
cooking unit.” Oliver teaches that both the lid ends 18 and body ends 16 could be spaced
apart from the lid reflectors to allow air to exit and enter. To the extent the lid ends 18
are spaced apart from the lid reflector, the opening is created at the top of the grill. The
gaps or openings created by sliding the lid ends 18 are obviously a type of “exhaust” to
anyone skilled in the art of barbecue combustion.
35
115. Exhaust openings shaped like a chimney or smoke stack have been used
for hundreds of years on fireplaces, stoves, boilers cookers, locomotives, smokers and
grills, and are almost always placed above the location of intended heat transfer (e.g., the
cooking surface). The barrel-shaped boilers and smoke stacks on locomotives looking
strikingly similar to barbecues and smokers that later evolved in the early 1900’s at
churches and roadside barbecues, and continued to be constructed and used today.
Additionally, Holland ’319 discloses a gas grill with an openable lid and at least one
exhaust on the openable lid, closely resembling that described in the ’712 patent. As
shown in Figure 2, Holland ’319 discloses a hood or lid of the gas grill with two
chimneys 46.
116. U.S. Patent No. 6,606,986 to Holland (Holland ’986) teaches that “it is
common therefore for grills to use some type of a smoke exhaust vent in order to vent the
smoke created in a grill.” Thus, if one did not want to rely on separating the lid ends
from the lid reflector for venting in Oliver, a person skilled in the art would understand
that the smoke stacks or chimneys taught by Holland ’310 and Holland ’986 could be
used for venting. Where the entire upper half is an openable cover (which itself is an
advantage to provide full access to the grill/cooking surface), the logical and common
location for exhausts would be in the cover. It would have been obvious to a person
skilled in the art to substitute the chimneys disclosed in Holland ’319 for the openable lid
ends 18 in Oliver. This modification would not change or detrimentally affect the
function of the Oliver grill. As in the ’712 patent, the exhaust openings would be located
above the combustion and cooking surfaces.
117. Oliver states that “FIG. 20 is a perspective view of the cooking system of
36
FIG. 19 wherein top reflectors are open and a container of fuel is positioned along one
end thereof for cooking on a griddle on one side of the cooking system, and a charcoal
grill is used on the other side.” As shown in Figure 20, the second cooking unit (on the
right) is configured to cook food using solid cooking fuel (i.e., charcoal) and is attached
to the support structure (leg stands 24 and 26).
118. Figure 20 also shows a grill or grate on the charcoal side of the unit on the
right.
119. Oliver also discloses that “lid ends 18 may be slid along rods 28 and 30 to
vary the distance from lid 14 to vary flow of draft air for the first.” It also would have
been obvious in view of Holland ’319 to modify the embodiment of Figure 20 of Oliver
to include a smoke stack.
120. Oliver specifically states that the units can be used simultaneously, and in
Figure 20 shows gas and charcoal “configured to operate together.” Specifically, Oliver
states that “the system includes a number of additional features which enable it to be used
in a number of different cooking modes as, for example, a grill, a baker, a boiler, a
smoker, a steamer, a deep fat fryer, and the like. Some of these modes may be carried out
simultaneously.”
121. Figure 23 of Oliver shows that the two covers (reflectors 14) are
separately operable such that they selectively cover each grill independently. In
describing the Figure 23 embodiment, Oliver states “[i]n this configuration, it is possible
to open only one lid section at a time to reduce the loss of heat while attending to the
food or fire at one end of the double width cooker.” While this feature is not shown in
the Figure 19 embodiment which utilizes gas and charcoal simultaneously, a person
37
skilled in the readily would readily understand the two independent covers in the
embodiment of Figure 23 could be used in the embodiment of Figure 20 as they are both
shown on the same frame. From a common sense standpoint, the depicted one-lid or
two-lid configurations are effectively taught for all base grill combinations.
122. While Oliver does not disclose a side burner, it was well known in the art
to add side burners to barbecue grills. For example, U.S. Patent Nos. 4,886,045 to
Ducate, 5,203,317 to James, 5,490,494 to Giebel, and 5,765,543 to Hopkins, each
disclose a side burner unit attached to or attachable to a barbecue grill.
123. Ducate describes a side cooker apparatus that attaches to and is supported
by an existing grill structure and uses a gas burner. Figure 2 of Ducate shows a barbecue
grill with side burner attached. Figure 4 shows the side burner 80, which utilizes a gas
burner. Ducate discloses that its side burner is used with an independent pressure reducer,
fuel line, and control valve and could therefore be used simultaneously with the primary
burners. For example, Ducate explains: “Fuel is transferred between fuel tank 58 and
auxiliary gas burner 94 through main valve 64, a second pressure reducer 68, a second
gas line 62 and a control valve 95 mounted behind front wall 86.” In commenting on the
prior art grills, Ducate states that “while these prior art grills do provide means for
simultaneously carrying out both a grilling operation and a pot or pan cooking operation,
an improved arrangement for attaching an auxiliary burner to a gas fired grill is desirable.”
In other words, Ducate indicates that its side burner can be used simultaneously with the
barbecue grill, and that such a configuration was known even before Ducate’s filing date.
124. James discloses “[a]n auxiliary burner for mounting on a shelf of a
barbecue grill cart or the like is disclosed. The burner unit includes a housing with a
38
burner element and a fuel source. Brackets are provided for securing the burner unit to an
existing shelf in spaced relation thereto.” With reference to Figure 1 of James, the side
burner is shown as reference numeral 36.
125. Giebel also discloses a side burner unit (reference numeral 30 in Figure 1).
126. Hopkins discloses a side burner 10 attached to a barbecue grill 16, as
shown in Figure 1 of Hopkins.
127. These prior patents (Ducate, James, Giebel, and Hopkins) all demonstrate
the use of a side burner on a gas barbeque grill. The addition of a side burner would have
been obvious because the side burner has been clearly shown as a useful attachment to a
portable barbeque, and whether that barbeque has one grill or two does not affect the
functionality of the side burner. It also does not produce a new result, simply an
aggregate of the separate units added together. Thus, it would be obvious to one skilled
in the art that one of the above independently operable side burners could be added to a
multiple cooking unit structure such as that disclosed by Oliver for simultaneous
operation. It is an example of a predictable use of a prior art element according to its
established function.
128. While Oliver does not disclose an offset or side firebox, it was well known
in the art to add side fireboxes to barbecue grills. A number of prior art references
teaches the addition of an offset or side firebox to a barbecue grill. For example, U.S.
Patent No. 4,664,026 to Milloy, the Cox patent, and Nemec each disclose a side firebox
attached to a barbecue grill. Figure 2 of Milloy shows a side firebox 12. Figure 1 of Cox
discloses a side firebox 14 attached to the grill. Figure 1 of Nemec shows a side firebox
72 attached to a barrel-shaped grill. The side firebox is attachable to and detachable from
39
a portable grill that itself has detachable legs and an exhaust 48. It is clear that the
addition of a side or offset firebox is not incompatible with an easily transportable grill.
In fact, the Nemec invention claims to have the advantage that it “may be user assembled”
and that the complete system can be easily packaged.
129. The addition of a side firebox has been clearly shown as a useful
attachment to a portable barbeque, and whether that barbeque has one grill or two does
not affect the functionality of the side firebox. It is an addition already shown in the prior
art for barbeque grills, and would not produce a new effect. These fireboxes would be
configured to provide heat or smoke to the second cooking unit when a fuel material is
burned or combusted in the firebox. It would have been readily apparent to one of
ordinary skill in the art that a firebox, such as disclosed in Milloy or Cox, has the ability
to operate simultaneously with the barbecue grill units and any other cooking unit and/or
burner associated with the Oliver. It is the predictable use of a prior art element
according to its established function.
130. Oliver discloses that “the system includes a number of additional features
which enable it to be used in a number of different cooking modes, as, for example, a
grill, a baker, a boiler, a smoker, a steamer, a deep fat fryer, and the like. Some of these
modes may be carried out simultaneously.” Oliver also discloses that in the Figure 23
embodiment, “each lid assembly may be lifted independently to tend to the food or fire at
that end of the cooker.” Thus, persons of ordinary skill in the art reading Oliver would
clearly understand that the embodiments utilizing two cooking units (e.g., Figures 19, 20,
and 23) were intended to be used and can be used simultaneously and are independently
operable of each other.
40
131. Oliver also discloses body ends 16 and lid ends 18, 19, which are
substantially vertical panels positioned between the first and second cooking units.
132. The addition of wheels to a support structure or cart for a barbecue grill
was well known in the art. For example, this feature is taught in many of the prior art
patents we have already discussed, including, Nemec (Fig. 1), Milloy (Fig. 1), Cox (Fig.
1), Holland ‘319 (Figs. 1-4), Ducate (Fig. 2), James (Fig. 1), Koziol. It is also disclosed
in U.S. Patent No. 4,090,490 to Riley (“Riley”) (Fig. 1). Each of these prior art
references teaches at least two wheels on a cart or support structure for a barbecue grill.
It would have been obvious to one of ordinary skill in the art to add wheels to Oliver in
order to make it more portable and easier to move around.
133. Oliver discloses that “brackets 76 are used to support a propane burner 94
and propane tank 96.” The brackets 76 are clearly shown in Figure 20 of Oliver.
134. A person skilled in the art reading Oliver inherently understands that a
grill is a cooking device that uses a grate to hold food over a flame. In the embodiment
of Figure 20, a grill grate is shown in the cooking unit on the right side of the grill, and it
would be understood that it is configured to hold food over a flame. While a griddle is
shown in the unit on the left in Figure 20, it would have been obvious to a person skilled
in the art to substitute a grill or grate for the griddle, such that it would be configured to
hold food over a flame. Further, Oliver shows a grate over a gas flame in Figure 25.
135. Oliver describes lid ends 18 that may be slid along rods 28 and 30 to vary
the distance from lid 14 to vary the flow of draft air. Sliding the lid ends 18 along the
rods 28 and 30 creates “openings…that allow smoke, vapor and gas to escape from the
cooking unit.” Since each lid end creates one opening, each lid would have two openings.
41
Holland ’319 teaches a gas grill with two chimneys or smoke stacks 46 on the lid or hood
42 of the grill. It would have been obvious to substitute the Holland ’319 chimneys or
smoke stacks for the slidable lid ends of Oliver.
136. The cooking units in Oliver are substantially cylindrical in shape, as
shown in Figures 19-21 and 23 of Oliver. Oliver discloses a barbeque grill wherein the
first and second cooking units are supported by a support structure such that the
substantially cylindrical shape of the first cooking unit and the substantially cylindrical
shape of the second cooking unit are aligned coaxially. Figures 19-21 and 23 of Oliver
clearly show this geometry. Oliver discloses a barbeque grill wherein the first cover
forms a portion of the substantially cylindrical shape of the first cooking unit, and
wherein the second cover forms a portion of the substantially cylindrical shape of the
second cooking unit. Figures 19-21 and 23 of Oliver clearly show this geometry.
b. Invalidity Based on Koziol
137. Koziol discloses every element of claim 1 of the ’712 patent, except for
explicitly showing exhausts on the openable first and second covers. It specifically
discloses the use of multiple cooking units with openable lids on a single support
structure, including cooking units that use both gas and charcoal (solid) fuels.
138. The preamble of claim 1 recites “a barbecue grill having multiple cooking
units.” Koziol discloses a barbecue grill having multiple cooking units. Koziol is
directed to “an assembly for mounting a barbecue grill and a cooking related device such
as an additional grill, burner or table top, to a support structure such as a post or cart.”
Koziol discloses a grill mounting assembly 10 including a support member 12 that is
either attached to a post 14 (that is secured to a deck or the ground) or mounted on a
42
movable cart apparatus 101. This is discussed at 2:56-60 (post 14) and 4:46-48 (movable
cart apparatus 101). Examples of the support structures are shown in Figures 3 and 11 of
Koziol.
139. The embodiments of Figures 3 and 11 include gas barbecue grill units 20
and 21, either of which is a “first cooking unit configured to use gas cooking fuel.”
Koziol describes grill units 20 and 21 attached to the support member 12.
140. A person skilled in the art would have understood that each cooking unit
disclosed in Koziol necessarily includes a grill. This is consistent with grill or grate
shown in the charcoal grill embodiment of Figure 5.
141. The grills shown in Figures 3, 4, 5, 6, and 11 of Koziol all have openable
covers which selectively cover and uncover each grill unit. Koziol does not specifically
teach that the covers or lids are openable. However, one of ordinary skill in the art would
recognize the handles on the covers in Figures 3-6 and 11 to indicate the covers would be
hinged on the back side and rotate open in the standard manner as depicted in burner unit
85 on the right side in Figure 6, where “a cover is also provided at 93 which is hinged by
the hinges 94.”
142. One of ordinary skill in the art would understand based on his or her own
knowledge that Koziol inherently includes an exhaust, as it is centuries-old technology
and necessary for all covered grills, burners and cooking units to function. All grills,
including the grills disclosed in Koziol, must have vents. While the grill assembly
disclosed in Koziol does not have the smoke stack vents, it would have been obvious to
one of ordinary skill in the art to add an exhaust as disclosed by Holland ’319.
Additionally, Holland ’986 discloses that “it is common therefore for grills to use some
43
type of a smoke exhaust vent in order to vent the smoke created in a grill.” The addition
of smoke stack-style exhausts as disclosed by Holland ’319 merely moves the exhaust
vent to a cylinder at the top of the lid, above the cooking surface. For grills where the
entire upper half is an openable cover, as in Koziol, the logical and common location for
exhausts is in the cover.
143. In the Summary of the Invention, Koziol teaches that “[i]n an alternate
embodiment, the support member supports barbeque grills, at least one of which is
charcoal fired.” One of ordinary skill in the art would understand that since this is
referring to gas grills, plural, the other grill inherently must be gas fueled. Koziol also
states “while a gas grill unit has been utilized in conjunction with an auxiliary unit [a side
burner], it is apparent that a charcoal grill unit such as indicated at 81, could likewise by
employed. Barbecue grill units which utilize both gas and charcoal are also becoming
popular.” While Koziol does not include any figures showing a combination gas and
charcoal grill, a person of ordinary skill in the art would clearly understand that Koziol
teaches combining gas and charcoal cooking units on a common support structure.
144. Koziol describes grill units 20 and 21 attached to the support member 12.
A person skilled in the art would have understood that each cooking unit disclosed in
Koziol necessarily includes a grill. This is consistent with grill shown in the charcoal
grill embodiment of Figure 5.
145. The grills shown in Figures 3, 4, 5, 6, and 11 all have openable covers
which selectively cover and uncover each grill unit. Koziol does not specifically teach
that the covers or lids are openable. However, one of ordinary skill in the art would
recognize the handles on the covers in Figures 3-6 and 11 to indicate the covers would be
44
hinged on the back side and rotate open in the standard manner as depicted in burner unit
85 on the right side in Figure 6. Koziol also discloses cut outs 30, 31, 33 and 35 to
“provide combustion air.” While the grill assembly disclosed in Koziol does not have the
smoke stack vents, it would have been obvious to one of ordinary skill in the art to add an
exhaust in the openable covers of Koziol, as disclosed by Holland ’319.
146. It would have been apparent to one of ordinary skill in the art from the
disclosure of Koziol, including its drawing figures, that the first and second cooking units
are simultaneously operable.
147. The grills shown in Figures 3, 4, 5, 6, and 11 of Koziol all have openable
covers which are clearly independent from one another and would be understood to
selectively cover and uncover the separate cooking units.
148. The prior art references James, Giebel, Ducate and Hopkins each show
and describe side burners for barbecues. It would have been obvious to add a side burner
to the embodiments of Koziol that have two grill units with covers on a single support
structure. In fact, Koziol discloses in Figure 6 an auxiliary burner unit 85 that resembles
a side burner and is disposed to the side of grill 20 and supported by support member 12.
The addition of a side burner would have been obvious to one skilled in the art because a
side burner has been clearly shown as a useful attachment to a barbeque, and whether that
barbeque has one grill or two does not affect the functionality of the side burner. It also
does not produce a new result, as it is simply an aggregate of the separate units added
together. It is an example of a predictable use of a prior art element according to its
established functions.
149. Prior art references Milloy, Cox, and Nemec each disclose the addition of
45
a side firebox to a barbecue grill. The addition of a side firebox has been shown as a
useful attachment to a barbeque, and whether that barbeque has one grill or two does not
affect the functionality of the side firebox. It is an addition already shown in the prior art
for barbeque grills, and would not produce a new effect; instead it would just produce a
simple aggregate effect of the separate components. It has also been shown that the
firebox has the ability operate simultaneously with the grill and any other cooking unit
and/or side burner. Thus, it would have been obvious to add a side firebox to Koziol that
is supported by the support structure – it is the predictable use of a prior art element
according to its established functions.
150. Koziol teaches the combination of gas and charcoal cooking units on a
single support structure. The cooking units shown in the embodiments of Koziol (e.g.,
Figures 3, 4, & 11) are clearly independent from one another with separate and
independent controls. It would have been apparent to one skilled in the art that the two
cooking units are independently operable of each other.
151. The facing sidewalls of both the covers and the bases of the grill units 20
and 21 of Koziol are substantially vertical panels positioned between the first and second
cooking units.
152. Koziol discloses that cart 101 (Figures 11-15) has four wheels 103.
153. Koziol discloses that “floor 104 forms a portion of the base portion 102
and supports the usual propane tank 105 which is centrally located and surrounded on
three sides by the wall panels 106.” Koziol also discloses that “these doors 117 and 118
cover the side portions 120 and 121 and are slidable over the central portion 123 with
tank 105.” This is shown in Figures 11-15 of Koziol.
46
154. Each grill unit 20 and 21 of Koziol necessarily includes a grill or cooking
grate, consistent with the grill shown in the charcoal unit 81 of Figure 5. A person skilled
in the art understands that a both gas and charcoal grills inherently cook food by holding
the food over a flame.
155. Holland ’319 discloses two smoke stack type exhausts for use on the cover
of a grill of any type, including gas fueled, as shown in Figure 1 and explained in column
1, lines 20-27 and 43-55, and column 3, lines 16-21. Based on the teachings of
Holland ’319, it would have been obvious to a one skilled in the art to add two exhausts
to the openable covers of Koziol. Persons skilled in the art would understand the benefits
of adding two exhausts to each of the covers of Koziol, including providing more
uniform heating than adding only a single exhaust. Additionally, it would have been
obvious to put the exhausts on the openable cover. For grills where the entire upper half
is openable, the logical and common location for the exhausts is in the cover.
156. With respect to the additional requirement that the cooking units have a
“substantially cylindrical shape,” the use of substantially cylindrical shapes for barbecue
grills was well known in the art. The barrel-shaped boilers and smoke stacks on the
locomotives of the day look strikingly similar to barbecues and smokers that later
evolved in the early 1900’s at churches and roadside stands and continue to be construed
and used today. Oliver discloses two cooking units on a single support structure that are
each substantially cylindrical shape. Additionally, Riley and Nemec to name a few, all
disclose barbecue grills having a substantially cylindrical shape. Barrel-shaped grills are
not new or novel, and it was commonplace to use old oil barrels, cut them in half, and
build a barbecue. The use of such a shape was common and well known to those of
47
ordinary skill in the art, and also has the advantages of simplicity, strength, and low cost.
Thus, it would have been obvious to a person skilled in the art to modify the grill units in
Koziol to have a substantially cylindrical shape, if such a look was desired.
157. Koziol discloses first and second cooking units supported by the same
support member 12 such that they are aligned substantially coaxially. While the cooking
units are not substantially cylindrical in shape, it would have been obvious in view of the
prior art to modify the cooking units of Koziol to have a substantially cylindrical shape.
158. It also would have been obvious to modify Koziol to have grilling units
that are substantially cylindrical in shape. In such a configuration, the covers of the grill
would form a portion of the substantially cylindrical shape, similar to the embodiments in
Oliver, Riley, and Nemec.
c. Invalidity Based on McLane
159. Claim 1 of the ’712 patent is obvious over McLane in view of
Holland ’319 and/or Oliver. McLane discloses every element of claim 1 of the ’712
patent, except openable first and second covers and exhausts on the openable first and
second covers. McLane discloses a barbecue grill having a foldable stand 12 that
supports a plurality of grill housings that can be used with conventional charcoal or with
the gas burner. The grill housings are shown in Figure 1 to be independent of one
another and, thus, can be used simultaneously. See, e.g., 1:52-54 (“The present invention
comprises a barbecue grill having a foldable stand that supports a plurality of grill
housings.”) and 5:5-6 (“The grill of the present invention can be used with conventional
charcoal if desired or with the gas burner described above”). Figure 1 shows multiple
units or grill housings 16 adapted to be used with charcoal, and grill housing 14 that is
48
adapted to be used with gas. McLane discloses that “a gas burner element includes an
elongated metal tubular heating element that extends within at least one of the housings.”
See, e.g., 1:62-64 and 3:24-26. It would have been obvious to one skilled in the art to
modify the grill in McLane to have individual covers or lids for each of the grill housings,
as well as an exhaust on each of the list, as disclosed by Oliver and Holland ’319. Doing
so would not hinder the McLane invention as the lids could be made transportable.
Although McLane is directed to an upwardly open (no lid) design, the use of such a lid or
cover would not prevent the operation of the McLane grill. Lids and covers with
openings for exhausts have been used by cooks for hundreds of years. And it was well
known in the art that grills with lids or covers must have an exhaust for venting, and it
would have been obvious to add covers with exhausts to McLane.
160. Pursuant to the Federal Declaratory Judgment Act, Academy requests a
declaration by the Court that the Patents-in-Suit are invalid.
COUNT III
DECLARATORY JUDGMENT OF UNENFORCEABILITY
161. Academy realleges and incorporates by reference paragraphs 1-161 as if
fully set forth herein.
162. An actual controversy exists as to the unenforceability of the ’646
and ’773 patents based on the discussion above.
A. The ’646 Patent Is Unenforceable For Inequitable Conduct Because

A&J Withheld Its Prior Sales Of The Duo Grill.
163. A patent is rendered unenforceable for inequitable conduct if an applicant
breaches his or her duty of good faith and candor by either misrepresenting or failing to
disclose material information to the U.S. Patent Office. The duty of candor and good
faith in dealing with the Patent Office under 37 C.F.R. § 1.56(a) requires that each
49
individual associated with the filing of a patent application disclose to the Patent Office
all information known to that individual that is material to patentability. Individuals who
bear this duty include each inventor and each attorney or agent who prosecutes the
application. The duty of candor and disclosure exists with respect to each pending claim
until the claim is cancelled or withdrawn from consideration, or the application becomes
abandoned.
164. To prove inequitable conduct, an alleged infringer must demonstrate that,
when applying for a patent, an individual misrepresented or omitted material information
with specific intent to deceive the PTO. Information is material if the patent would not
have been issued but for the misstatement or omission.
1. The Prosecution History of the ’646 Patent
165. The ’019 application, which issued as the ’646 patent, was filed on May
16, 2011 by Jon M. Isaacson on behalf of Mr. Simms. The ’019 application was filed as
a continuation of the ’320 application, which was filed on July 30, 2005 and later issued
as the ’712 patent.
166. The Examiner issued a first office action on September 1, 2011 rejecting
the single claim of the ’019 application for failure to meet the written description
requirement of 35 U.S.C. § 112 because Figures 3-7 of the ‘019 application were not
disclosed in the ‘320 application. The Examiner stated that the ’019 application was not
entitled to a priority date equal to the filing date of the ’320 application. The Examiner
issued a second office action and repeated the grounds of rejection.
167. On December 20, 2011, Mr. Isaacson filed a response to the second office
action amending the application from a continuation to a continuation-in-part, and stating
that the Examiner did not need to make a determination of priority except in certain
50
circumstances, such as to avoid intervening prior art. That same date, Mr. Isaacson also
filed an information disclosure statement that attached the article “Be a Grill Master”
published in the July/August 2010 issue of Vertical. Mr. Isaacson indicated that the
Applicant and/or Mr. Isaacson had known of the article for greater than three months
before it was submitted to the U.S. Patent Office.
168. The Examiner issued a notice of allowance on January 26, 2012 stating
that the application was not entitled to the filing date of the earlier application and that
entitlement to priority of the continuation-in-part application would not be considered
unless it was actually needed, such as to avoid intervening prior art. Mr. Isaacson filed a
“Comment on Statement of Reasons for Allowance” stating:
The examiner did not need to, and is instructed not to,
consider the entitlement to priority of the present
application because the examiner did not identify any
references which (1) question the patentability of the
present application, and (2) are dated between the filing of
the parent application and the filing date of the present
application.
169. On April 25, 2012, the application was transferred to another law firm,
and the ’646 patent issued on May 29, 2012. Neither Mr. Isaacson nor the new law firm
disclosed any prior sales information to U.S. Patent Office that would have required the
Examiner to consider whether the ’019 application was entitled to the benefit of the
earlier filing date of the ’712 patent.
170. The Applicant and Mr. Isaacson were aware that such prior sales
information existed. Specifically, A&J sold the Duo Grill in 2007 and Academy received
Duo Grills in the United States and sold them in retail locations in the United States from
2007 through 2010.
51
2. The Prior Sales Of The Duo Grill Were Material.
171. The prior sales were material because the ’646 patent would not have been
issued but for the withheld information because (1) the ’019 application was not entitled
to the filing date of the ’320 application; and (2) the prior sales anticipated the ’646
patent claim under 35 U.S.C. § 102(b).
172. All of Figures 1-7 of the ’646 design patent are necessary for a complete
disclosure of the claimed design. Figures 3-6 of the ’646 patent disclose side, top, and
rear views that are not disclosed in the perspective views disclosed in the ’712 patent.
The perspective views disclosed in Figures 1-3 of the ’712 patent do not adequately
disclose the convex design of the back of the lid, or any details concerning the back of the
lid. The back of each lid could have any number of different designs, especially where
the lid is connected to the grill body, including openings and voids in the solid surface.
Thus, because the ’646 patent discloses design features that are not disclosed in the ’712
patent, the ’646 patent is not entitled to the filing date of the ’712 patent.
173. The Examiner also stated in the Notice of Allowance that she did not
consider the entitlement to priority because no intervening prior art had been identified
despite the ’646 patent being identified as a continuation-in-part.
a. The Prior Sales Anticipated the ’646 Patent.
174. Academy received Duo Grills in the United States and sold them in retail
locations in the United States from 2007 through 2010, and the design of the semi-
cylindrical lids did not change from 2007 through 2010. A&J Duo Grill sales earlier than
May 16, 2010, one year before the filing date of the ’646 patent, are prior art under 35
U.S.C. § 102(b).
175. Under the applicable ordinary observer test, the prior sales anticipated
52
the ’646 patent. That is, an ordinary observer comparing the Duo Grill and the ’646
patent would see that both grill designs have two separate grill lids situated at the same
height and with a space between the two lids. An ordinary observer would also notice the
same semi-cylindrical shape of the grill lids. The nearly or actually identical nature of
these features would lead an ordinary observer to find that the prior sale design and
the ’646 patent are substantially the same. Thus, the prior sales of the Duo Grill
anticipate the ’646 patent.
b. The Applicant And The Prosecuting Attorney Were Aware

Of The Prior Sales.
176. A&J, assignee of the ’646 patent, made sales of the Duo Grill in the
United States for at least four years before the filing of the ’019 application. That was
enough time for Academy to make over 10,000 sales of the Duo Grill. These prior sales
were not nominal or experimental – they were substantial and likely generated substantial
revenue for A&J, thus increasing the interest in design patent protection. Because Mr.
Simms had knowledge of the prior sales of the Duo Grill his company sold, he violated
his duty of good faith and candor to the U.S. Patent Office when he did not disclose the
prior U.S. sales of the Duo Grill.
177. Further, Messrs. Simms and Isaacson must have discussed the intervening
prior sales because Mr. Isaacson submitted a document evidencing such prior sales on
December 20, 2011. This submission was made shortly after the Examiner stated that
the ’646 patent did not have priority back to the ’320 application, indicating to Mr.
Isaacson that intervening prior sales were material to the prosecution of the ’646 patent.
Mr. Isaacson also instructed the Examiner to not consider the question of priority to
the ’646 patent. The most reasonable inference from these facts is that Mr. Isaacson and
53
Mr. Simms discussed the intervening prior sales of Duo Grills. Thus, the most
reasonable inference from the evidence is that Mr. Isaacson also had knowledge of the
prior sales of the Duo Grill.
178. Even in the unlikely event that Mr. Simms withheld the prior sales from
Mr. Isaacson in breach of Mr. Simms’ own duty of candor and good faith under 37 C.F.R.
§ 1.56, knowledge of the invalidating information should be imputed to the Mr. Isaacson.
Any other result would allow Mr. Simms and Mr. Isaacson to contravene the law
prohibiting inequitable conduct using the very deceptive conduct that the law prohibits.
Thus, the single most reasonable inference to be drawn from the evidence is that Mr.
Isaacson had knowledge of the prior sales of the Duo Grill. The first prong of the
inequitable conduct analysis therefore is satisfied because a specific individual, here both
Mr. Simms and Mr. Isaacson, failed to disclose material information.
3. The Failure To Disclose The Prior Sales Was Intentional.
179. Mr. Isaacson’s specific intent to deceive is the single most reasonable
inference to be drawn from his (1) actual or imputed knowledge of the U.S. sales of the
Duo Grills by A&J for at least four years before the filing of the ’646 patent; (2)
demonstrated knowledge that those intervening prior sales were material; and (3) specific
instructions to the Examiner to not consider the priority status of the ’019 application.
180. The single most reasonable inference to be drawn from the evidence is that
both Messrs. Simms and Isaacson knew of the prior sales. As also noted above, Mr.
Isaacson knew that intervening prior sales were material to the patentability of the ’646
patent. Indeed, Mr. Isaacson first noted that the Examiner need not determine entitlement
to priority, and later instructed the Examiner not to consider entitlement to priority, in the
absence of intervening prior art. The reason that the Examiner had not identified any
54
intervening prior art reference was because Mr. Isaacson had not disclosed the relevant
prior art sales information to the Examiner. Mr. Isaacson’s understanding of the
materiality of the intervening prior art, evidenced in part by his instruction to the
Examiner, supports a finding that Mr. Isaacson had a specific intent to deceive the U.S.
Patent Office when he failed to disclose the prior sales to the Examiner. Accordingly, Mr.
Isaacson’s actions or omissions constitute inequitable conduct with respect to the ’646
patent.
B. The ’773 Patent Is Unenforceable For Inequitable Conduct Because A&J

Withheld Its Prior Sales Of The Duo Grill.
181. The discussion above concerning the unenforceability of the ’646 design
patent for inequitable conduct is equally applicable to the ’773 patent, and the ’773 patent
is unenforceable due to inequitable conduct. Mr. Simms, the inventor of the ’773 patent
and principal of A&J, and Mr. Isaacson, the attorney prosecuting the ’773 patent, were
aware of prior sales of the Duo Grill more than one year before the filing date of the ’773
patent application. Such prior sales were material and that the single most reasonable
inference is that Mr. Isaacson’s failure to disclose the prior sales was intentional.
1. The Prosecution History of the ’773 Patent
182. The ’027 application, which issued as the ’773 patent, was filed on May
16, 2011 by Mr. Isaacson on behalf of Mr. Simms. The ’027 application was filed as a
continuation of the ’320 application.
183. The Examiner issued a first office action on August 26, 2011 rejecting the
single claim of the ’027 application for failure to meet the written description
requirement of 35 U.S.C. § 112 because Figures 3-7 of the ’027 application were not
disclosed in the ’320 application. As was the case for the ’646 patent, the Examiner
55
stated that the application was not entitled to the priority date equal to the filing date of
the ’320 application. The Examiner issued a second office action and repeated the
grounds of rejection.
184. On January 3, 2012, Mr. Isaacson filed a response to the second office
action amending the application from a continuation to a continuation-in-part, and stating
that the Examiner did not need to make a determination of priority except in certain
circumstances, such as to avoid intervening prior art. That same date, Mr. Isaacson also
filed an information disclosure statement that attached the article “Be a Grill Master”
published in the July/August 2010 issue of Vertical. Mr. Isaacson indicated that the
Applicant and/or Mr. Isaacson had known of the article for greater than three months
before it was submitted to the U.S. Patent Office.
185. The Examiner issued a notice of allowance on March 5, 2012 stating that
the application was not entitled to the filing date of the earlier application and that
entitlement to priority of the continuation-in-part application would not be considered
unless it was actually needed, such as to avoid intervening prior art. On May 30, 2012,
the application was transferred to another law firm, and the ’773 patent issued on July 3,
2012. Neither Mr. Isaacson nor the new law firm disclosed any prior sale information to
U.S. Patent Office that would have required the Examiner to consider whether the ’019
application was entitled to the benefit of the earlier filing date of the ’712 patent.
186. The Applicant and Mr. Isaacson were aware that such prior sales
information existed, namely, that Academy received Duo Grills in the United States and
sold them in retail locations in the United States from 2007 through 2010 and that the
design of the Duo Grill did not change from 2007 through 2010.
56
2. The Prior Sales Of The Duo Grill Were Material.
187. The prior sales were material because the ’773 patent would not have been
issued but for the withheld information, for the same reasons with respect to the ’646
patent: (1) the ’027 application was not entitled to the filing date of the ’320 application;
and (2) the prior sales anticipated the ’773 patent claim under 35 U.S.C. § 102(b).
a. The ’773 Patent Was Not Entitled To The Earlier Filing

Date Because It Disclosed New Matter.
188. Figures 1-7 of the ’773 patent are necessary for a complete disclosure of
the claimed design. Figures 3-6 of the ’773 patent disclose side, top, and rear views that
are not disclosed in the perspective views disclosed in the ’712 patent. The perspective
views disclosed in Figures 1-3 of the ’712 patent do not adequately disclose numerous
design elements associated with the back of the three smoke stacks. For example,
the ’712 patent figures do not disclose where the smoke stacks connect to the grill lids, as
shown in Figure 3 of the ’773 patent. Thus, because the ’773 patent discloses design
features that are not disclosed in the ’712 patent, the ’773 patent is not entitled to the
filing date of the ’712 patent. Further, as was true of the ’646 patent, that the ’773 patent
is a continuation-in-part of the ’712 patent is of no moment. And the Examiner
specifically stated in the Notice of Allowance that she did not consider the entitlement to
priority because no intervening prior art was identified.
b. The Prior Sales Anticipated the ’773 Patent.
189. As was the case with respect to the ’646 patent, an ordinary observer
comparing the Duo Grill and the ’773 patent would see that both grill designs have three
smoke stacks, with both grills having two smoke stacks near the center of the center of
the left grill lid. An ordinary observer would also note that the two smoke stacks have
57
cut outs at the top, whereas the smoke stack on the right has no such cut out. The nearly
or actually identical nature of these features would lead an ordinary observer to find that
the prior sale design and the ’773 patent are substantially the same. Thus, the prior sales
of the Duo Grill anticipate the ’773 patent.
c. The Applicant And The Prosecuting Attorney Were Aware

Of The Prior Sales.
190. With respect to the ’773 patent, the single most reasonable inference to be
drawn from the evidence is that Mr. Isaacson had knowledge of the prior sales of the Duo
Grill. The first prong of the inequitable conduct analysis therefore is satisfied because a
specific individual, here both Mr. Simms and Mr. Isaacson, failed to disclose material
information.
3. The Failure To Disclose The Prior Sales Was Intentional.
191. Mr. Isaacson’s specific intent to deceive is the single most reasonable
inference to be drawn from his (1) actual or imputed knowledge of the U.S. sales of the
Duo Grills by A&J for at least four years before the filing of the ’773 patent; and (2)
demonstrated knowledge that those intervening prior sales were material.
192. With respect to the ’773 patent, the single most reasonable inference to be
drawn from the evidence is that both Mr. Isaacson and Mr. Simms knew of the prior sales.
As also noted above, Mr. Isaacson knew that intervening prior sales were material to the
patentability of the ’773 patent. Indeed, Mr. Isaacson noted that the Examiner need not
determine entitlement to priority in the absence of intervening prior art. The reason that
the Examiner had not identified any intervening prior art reference was because Mr.
Isaacson had not disclosed the relevant prior art sales information to the Examiner. Mr.
Isaacson’s understanding of the materiality of the intervening prior art supports a finding
58
that Mr. Isaacson had a specific intent to deceive the U.S. Patent Office when he failed to
disclose the prior sales to the Examiner. Accordingly, Mr. Isaacson’s actions or
omissions constitute inequitable conduct with respect to the ’773 patent.
193. Thus, both the ’646 and ’773 patents are unenforceable based on
inequitable conduct.
194. Accordingly, pursuant to the Federal Declaratory Judgment Act, Academy
requests a declaration that the ’646 and ’773 patents are unenforceable.
EXCEPTIONAL CASE
Given the above facts, A&J has no good faith basis to assert that the Academy
Redesign Grills infringe the Patents-in-Suit, the Patents-in-Suit are valid, or that the ’646
and ’773 patents are enforceable in view of inequitable conduct. Accordingly, the Court
should find this to be an exceptional case under 35 U.S.C. § 285 in favor of Academy.
PRAYER
Academy respectfully requests a judgment against A&J as follows.
A. In favor of Academy and against A&J on all of Academy’s claims;
B. A declaration that Academy does not infringe the Patents-in-Suit;
C. A declaration that the Patents-in-Suit are invalid;
D. A declaration that the ’646 and ’773 patents are unenforceable;
E. A determination that this case is exceptional under 35 U.S.C. § 285 in
favor of Academy;
F. An award to Academy of its costs and attorneys’ fees incurred in this
action; and
G. Further relief as the Court may deem just and proper.
59
JURY DEMAND
Academy hereby demands a trial by jury on all issues so triable.
Dated: July 17, 2014 Respectfully submitted,
/s/ Darin M. Klemchuk

Darin M. Klemchuk
Attorney-in-Charge
State Bar No. 24002418
Southern District of Texas Bar ID #23662
Kirby B. Drake
State Bar No. 24036502
KLEMCHUK KUBASTA LLP
Campbell Centre II
8150 North Central Expressway, 10th Floor
Dallas, TX 75206
Telephone: (214) 367-6000
Facsimile: (214) 367-6001
Email: darin.klemchuk@kk-llp.com
kirby.drake@kk-llp.com
Counsel for Plaintiff Academy, Ltd.
60
Case 4:14-cv-02043 Document 1-1 Filed in TXSD on 07/17/14 Page 1 of 8

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D

EXHIBIT E

EXHIBIT F
User Manual
TRITON DLX
Model #: FSODBG3003
Please keep this instruction manual for future reference
Customer Service: (888) 922-2336, 8:00am to 10:00pm, Monday thru Saturday

9:00am to 8:00pm Sunday
Central Standard Time
(Made in China)
Table of Contents
• Warnings 3-4
• Tools and Parts 5-6
• Hardware 7
• Assembly Instructions 8-19
• Care and Maintenance 20-29
• Warranty Information 30
Page 2 of 30
Warnings
FOR YOUR SAFETY:
1.Read this User Manual before attempting to assemble or

operate your grill.
2.Follow all safety instructions.
3.Check for leaks according to directions in this Grill Guide
before operating your grill, even if you purchased this grill
assembled.
4.Keep this Grill Guide for future reference.
5.Contact 1-888-922-2336 should you need assembly
assistance or have any questions.
THIS GRILL IS FOR OUTDOOR USE ONLY.

If stored indoors, then detach and leave propane cylinder
outside.
TO THE INSTALLER OR PERSON ASSEMBLING THIS GRILL:

Leave this User Manual with the consumer.
TO THE CONSUMER:
Retain this User Manual for future reference.
Page 3 of 30
Warnings
Safety Precautions
Always read and follow all DANGER, WARNING, AND FOR YOUR SAFETY notices in this User
Manual. Failure to follow these notices may result in property damage, bodily or physical injury, or death.
1. Grill installation must conform with local codes, or in their absence, with either the National Fuel
Gas Code, ANSI Z223.1/NFPA 54, Natural Gas and Propane Installation Code, CSA B149.1, or
Propane Storage and Handling Code, B149.2.
2. This gas grill, when installed, must be electrically grounded in accordance with local codes, or, in
the absence of local codes, with the National Electrical Code, ANSI Z21.58-2007, or the Canadian
Electrical Code, CSA 1.6-2007.
3. This gas grill is intended for outdoor use only, and should not be used in a building, garage, or any
other enclosed area.
4. This gas grill is not intended to be installed in or on recreational vehicles and/or boats.
5. Never use any other type of fuel for this grill other than LP gas (propane).
6. Only use the pressure regulator with a type 1 connector that is supplied with this gas grill
7. Before each use, check the gas hose for excessive abrasion, cracking, fraying, wear, or cuts.
Replace a hose assembly showing those signs with the hose assembly specified in the parts list
before using the grill.
8. Always perform a Leak Test before operating your grill.
! WARNING
1. Do not store or use gasoline or other flammable vapors and liquids in the vicinity of this or
any other appliance.
2. An LP cylinder not connected for use should not be stored in the vicinity of this or any other
appliance.
! DANGER
If you smell gas:
1. Shut off gas to the appliance.
2. Extinguish any open flame.
3. Open lid.
4. If odor continues, keep away from appliance and call your local fire department.
Page 4 of 30
Tools Required
1 Adjustable wrench
(not included)
2 Screwdriver
(not included)
Page 5 of 30
Parts List
Page 6 of 30
Hardware
Page 7 of 30
Assembly Instructions
Step 1:
Assemble the
bottom shelf (31)
to the legs (29)
using BOLT M6*50
(AA)- 4PCS and
NUT M6 FLANGE
LOCK (DD)-4PCS.
Step 2:
Assemble both of
the long fence rails
(30) to both legs
using BOLT M6*12
(CC)-8PCS.
Page 8 of 30
Step 3:
Assemble the
threaded caster (32)
to legs by twisting
clockwise until tight.
Turn over the
bottom assembly
when completed
and lock all casters
to prevent from
moving.
Step 4:
Assemble the
bottom hinges (9)-
4PCS to the back
of body (10) using
BOLT M6*40 (EE)-
8PCS.
Page 9 of 30
Step 5:
Align and place body
on top of the legs.
Using BOLT M6*12
(CC)-10PCS, attach Fig.1
the triangular bracket

left (25) and right (24)
to back of body and
legs as shown in the
Fig.1. Secure front of
body to legs using
M6*12 (CC)-2PCS
with M6 SPACER
(II)-2PCS.
Step 6:
Assemble gas tank

holder (33) and gas
tank hook (34) on
the left leg using
BOLT M6*12 (CC)-
4PCS.
Page 10 of 30
Step 7:
Screw in BOLT M6*12 (CC)- Fig. 2a
2PCS halfway on the upper

corners of the searing
burner body (14) as shown
in Fig. 2a. Slide in the two
Fig. 2b
screws in opening (Fig. 2b)
to hold the searing burner
body in position. Using
M6*12 (CC)-6PCS, fasten
the side burner body in
place and tighten all screws.
Slide drip pan (15)-1pcs
underneath searing burner
body.
Step 8:
Mount knob base (12) to

front of side burner body
(14) using BOLT M4*8
(FF)-2PCS.
Push knob (13) into
searing burner gas
controller.
Page 11 of 30
Step 9:
Assemble the
searing burner (16) Fig.3
into searing burner
body (14). Secure
back of the burner
using BOLT
M4*8(FF)-2PCS.
Affix the terminal to
gas controller as
shown in Fig. 3.
Step 10:
Assemble back
panel(1) to back side
of gas side using
BOLT M6*12(CC)-
3PCS.
Page 12 of 30
Step 11:
Assemble lining (23)
to firebox lid (22) and
back hinges (3)-2PCs
using BOLT M6*40
(EE)-4PCS and NUT
M6 FLANGE LOCK
(DD)-4PCS.
Assemble the firebox
handles (26) to
firebox lid using BOLT
M6*15 (GG)-2PCS.
Step 12:
Assemble bottom
hinges (9) to firebox
body (27) using BOLT
M6*40 (EE)-4PCS
and NUT M6
FLANGE LOCK (DD)-
4PCS. Close firebox
door and assemble
air vent handles (11)
to firebox twisting
clockwise. 11
Page 13 of 30
Step 13: Fig. 4b
Screw in BOLT M6*12

(CC)-2PCS halfway on
the firebox (27) as
shown in Fig. 4a. Slide
in the two screws in
opening (Fig. 4b) to Fig. 4a
hold the firebox in

position. Using M6*12
(CC)-9PCS, fasten the
firebox in place and
tighten all screws.
Step 14:
Align and place firebox

lid on top of the firebox
body. Place PIN ROLL
(BB)-2PCS through the
hinges and secure with
COTTER PIN (HH)-
2PCS.
Page 14 of 30
Step 15:
Assemble lid Hinges

(3)-2PCS on gas lid
(4) using M6*40 (EE)-
4PCS and NUT M6
FLANGE LOCK (DD)-
4PCS.
Step 16:
Assemble lid Hinges
(3)-2PCS on charcoal
lid (5) using M6*40
(EE)-4PCS and NUT
M6 FLANGE LOCK
(DD)-4PCS. Attach the
charcoal stack (2)-1PC
on charcoal lid (5)
using BOLT M6*12
(CC)-4PCS and NUT
M6 FLANGE LOCK
(DD)-4PCS.
Page 15 of 30
Step 17：
Align and place gas lid
on top of the body (left
side). Place PIN ROLL
(BB)-2PCS through the
hinges and secure with
COTTER PIN (HH)-
2PCS. Align and place
charcoal lid on top of the
body (right side). Place
PIN ROLL (BB)-2PCS
through the hinges and
secure with COTTER
PIN (HH)-2PCS.
Fig.4
Step 18:
Place flame tamer

(8)-3pcs into gas
side of body. Refer
on Fig. 4.
Page 16 of 30
Step 19:
Assemble the
warming rack (6)-
2PCS by inserting
the top two ends to
lids and bottom
side to body.
Secure the top part
of warming rack
with COTTER PIN
(HH)-4PCS.
Step 20:
Place cooking grates

(18)-1PCS on
searing burner. Place
cooking grate (7)-
4PCS on gas and
charcoal side. Place
firebox charcoal pan
(28) and cooking
grates (21)-2PCS
into firebox.
Page 17 of 30
Step 21:
Assemble lift knob

(36) and air vent
handle (11) on body.
Assemble the
support plates (19)
and extension wire
(35) on front sides of
the body using BOLT
M6*12 (CC)-6PCS.
Page 18 of 30
FULLY ASSEMBLY
Page 19 of 30
Care and Maintenance
GAS GRILL
General Information and Instructions
Your new Outdoor Gourmet™ Grill has been designed and manufactured to high quality standards. It will
provide you with many years of enjoyment with a minimal amount of maintenance. Please keep in mind the
following FOR YOUR SAFETY.
OPERATION
1. Your gas grill requires reasonable care during operation. It will be hot during cooking and cleaning.
You should never leave the grill unattended or move the grill when in use.
2. Children should never use your gas grill. Keep younger children and pets away when in use.
3. Only use your gas grill outside in a well-ventilated area. Never use indoors in any building, garage,
shed, or under any type of flammable canopy or overhang.
4. Ensure your grill is on level ground and the locking casters are locked before use.
5. Turn all gas valves off should the burners go out when cooking. Open the lid and wait 5 minutes before
relighting.
6. Do not lean over the grill or touch the edges of the firebox or lid when in use.
7. Turn the burners off, close the lid, and shut off the LP cylinder should a grease fire occur.
8. Do not obstruct the flow of combustion and ventilation air to this grill.
9. Keep the outdoor cooking gas appliance area clear and free from combustible materials, gasoline, and
other flammable vapors and liquids.
10. Keep the ventilation openings of the cylinder enclosure free and clear from debris.
11. Do not put a barbecue cover or other flammable material in the storage area of this grill.
12. Do not use charcoal briquettes, lava rock, or any type of ceramic product in the gas section of this grill.
13. Do not install or use on or in a recreational vehicle and/or boats.
LP Gas and Cylinder Information

Your new gas grill operates on LP (Liquid Petroleum) Gas. It is odorless, colorless, and non-toxic when
produced. You can smell LP gas as it has been given an odor similar to rotten cabbage for your safety.
Triangular Hand Wheel
Your grill uses the newest and safest LP Gas Cylinder.
1. O.P.D. (Overfill Protection Device) – prevents accidental gas leaks
caused by overfilling of the tank. Each tank contains a float that
closes the input valve when the tank is 80% full. This allows room
for the LP gas to expand in hot temperatures. A triangular hand wheel
distinguishes this type of tank.
2. Q.C.C.1 Type 1 Quick Connect Valve – provides fast tank hook-ups and requires only to be tightened by
hand.
In addition, the LP tank you use with your grill must meet the following requirements
1. Required Measurements: 12-1/2” (317mm) in diameter and 18-1/2” (472mm) in height.
2. 20-pound (9.1kg) propane cylinder.
3. Constructed and marked with U.S. Department of Transportation (D.O.T.) for the US or CAN/CSA-
B339, Cylinders, Spheres and Tubes for Transportation of Dangerous Goods; and Commission, for
Canada.
4. A safety release valve.
5. A means for vapor withdrawal.
Page 20 of 30
! WARNING
1. Do not attempt to use a cylinder with any other type of connection device.
2. Do not attempt to use a cylinder with a larger capacity
! WARNING
A frosty cylinder valve indicates possible gas overfill. Close the LP valve and call your dealer
immediately.
! WARNING
1. Never store any extra cylinders near your grill.
2. Keep cylinders out of direct sunlight and high heat.
3. Never fill your cylinder over 80% full by volume. This may cause release of gas from the safety
release valve.
4. Immediately call your LP dealer or fire department should you hear, smell, or see escaping gas
from the cylinder.
5. Do not insert any type of foreign objects into the valve outlet.
! WARNING
1. The gas supply must be turned off at the LP-gas supply cylinder when this outdoor cooking gas
appliance is not in use.
2. Storage of this gas grill indoors is permissible only if the cylinder is disconnected and removed from
the gas grill.
3. Cylinders must be stored outdoors out of reach of children and must not be stored in a building,
garage, or any other enclosed area.
TRANSPORTATION AND STORAGE

1. Always use the Safety Cap when transporting or storing your cylinder.
2. Do not store in a building, garage, or other enclosed area.
3. Always store your cylinder outside.
4. Store out of reach of children.
Dust Cap
5. Always transport in an upright position.
6. Do not smoke when transporting your cylinder.
Page 21 of 30
Regulator and LP Cylinder Connections

! CAUTION
The gas pressure regulator provided with this outdoor cooking appliance must be used. This regulator is set
for an outlet pressure of 11 inches water column.
Your regulator is equipped with a Q.C.C. Type 1 quick connect system. It will not allow gas to flow until a
positive seal has been made. It has a thermal element that will shut off the gas flow if the temperature reaches
240 degrees F (115 degrees C). It also has a flow-limiting device that will restrict the flow of gas to 10 cubic
feet per hour (0.28 cubic meters per hour).
Before each use, check the gas hose for excessive abrasion or wear, or cuts. Replace a hose assembly showing
those signs with the hose assembly specified in the parts list before using the grill.
TO CONNECT THE CYLINDER TO THE REGULATOR AND HOSE

1. Be sure the LP cylinder is “OFF” by turning the hand wheel clockwise
until it stops.
2. Place the cylinder on the hook beside of body with the valve
facing outward. See Assembly Instructions to secure.
3. Be sure all burner controls are turned to the “Off” position.
4. Remove the safety cap from the from the cylinder valve.
5. Center the nipple of the regulator into the cylinder valve
6. Turn the black nut clockwise until it stops. Hand Tighten Only.
Do Not Use A Wrench.
The regulator must enter the

cylinder valve in a straight
line.
Center this nipple of the

regulator into the cylinder
valve.
Q.C.C.1 Type 1 Connector ! WARNING

Always keep the gas cylinder in
the upright position at all times.
! WARNING
1. Do not connect this grill to any unregulated sources of propane.
2. Before each use, check the gas hose for excessive abrasion or wear, or cuts. Replace a hose
assembly showing those signs with the hose assembly specified in the parts list before using the
grill. Inspect the hose assembly underneath the side burner and following the regulator hose up
to its connection to the gas manifold assembly.
3. Always perform the Leak Test listed below before using your grill for the first time, if the cylinder
has been changed, any gas components have been changed, the regulator flow-limiting device has
been activated, or after a long period of non-use.
4. Do not attempt to connect this grill to the LP system of a motor home or trailer.
Page 22 of 30
LEAK TESTING THE REGULATOR, VALVES, HOSES, AND CONNECTIONS

1. Ensure the LP cylinder valve and all burners are “Off”.
2. Ensure the LP cylinder is connected to the regulator.
3. in the above
If the information above steps is not
is not followed followed
exactly, exactly,
a fire a fire
causing causing
death deathinjury
or serious or may occur.
4. Mix up a solution of 50% water and 50% liquid dish soap. Do not use any household cleaner
solution.
5. Open the LP tank valve by turning the hand wheel counterclockwise one turn. If you hear a rushing
sound, turn the gas off immediately. In that case, there could be a leak at the connection. Reconnect
the cylinder to the regulator.
6. Spray or brush on the solution covering the following areas: cylinder welds, regulator and cylinder
connection, gas hose connections to the regulator, all gas hoses, all gas hose connections to the
burners including the main and side burners.
7. Growing bubbles on any of the parts and connections listed above indicate a gas leak. Immediately
shut off the LP tank valve by turning the valve clockwise. Retighten the connections or order
replacement parts as needed. Continue to test as necessary until no leaks are detected.
8. Close the LP tank valve by turning the hand wheel clockwise.
! WARNING
1. DO NOT USE THE GRILL if you cannot stop the leaks. Be sure the LP cylinder valve is closed.
If the LP cylinder is still leaking, contact your LP dealer or local fire department.
2. Do not use any match or open flame, or smoke, during leak testing.
3. Do not light a burner during leak testing.
Grill Placement
4. The replacement hose assembly must be the one identified.
! FOR YOUR SAFETY

1. Minimum clearance from sides and back of unit to adjacent combustible construction below top
of unit, 24 inches (60 cm) from sides and 24 inches (60 cm) from back.
2. Do not locate this outdoor cooking gas appliance under overhead-unprotected combustible
surfaces.
APARTMENT RESIDENTS
Check with your apartment manager regarding
your regulations for barbecues.
! WARNING
1. Do not use this grill in any enclosed
area, garage, shed, or under any type of
overhead structure or canopy.
2. Operate this grill only in a well-
ventilated area.
! WARNING
! WARNING ! supply cord and the fuel
Keep any electrical
Do not face the grill directly into the wind. supply hose away from any heated surfaces and
water.
Page 23 of 30
Grill Operations
LIGHTING
Always visually inspect your grill before lighting. Replace any hoses that are frayed or cracked before lighting
your grill. Look for anything that may be blocking spaces for ventilation and remove. After lighting, always
check the flame to ensure you have a good flame all along each burner. If not able to light, or the flame is not
even along the entire burner(s), then see the Trouble Shooting section
! WARNING
1. Read instructions before lighting.
2. Open lid during lighting.
3. If ignition does not occur in 5 seconds, turn the burner control(s) off, wait 5 minutes and repeat the
lighting procedure as below:
LIGHTING THE MAIN BURNERS USING ELECTRONIC IGNITION

1. Open the lid.
2. Ensure all burner control knobs are in the “Off” position.
3. Turn on the LP gas by turning the hand wheel on the cylinder valve.
4. Turn one burner control knob marked with an igniter flame “ ” to “High”.
5. Depress the electronic ignition button and hold down. You should hear a
clicking sound, which shows the electronic ignition is working.
6. If the burner does not light within 5 seconds, turn the burner control knob to “Off”. Wait 5 minutes for the
gas to clear, and repeat the above procedure. Use the Manual directions if it still will not light.
7. When lit, turn the control knob to the desired setting.
8. Your grill is equipped with continuous ignition. Simply turn the control knob of the burner next to the lit
burner to HI. It will light automatically. Do not press the electronic ignition button again. Then adjust
control knob(s) to desired settings.
MANUALLY LIGHTING THE MAIN BURNERS WITH THE MATCH LIGHTING STICK
1. Open the lid.

2. Ensure all burners are in the “Off” position.
3. Slowly turn on the gas at the LP tank valve if it is not already on.
4. Place a match in the Match Holder. This is located in the top center
drawer of the grill cabinet underneath the right main burner.
5. Use the holder to slide the lit match though the cooking grates and the
front of the heat tent to the left of the burner you wish to light.
6. Press and turn the burner control knob to “HI/LIGHT”. Continue to push
in and hold up to 5 seconds or until the burner lights.
7. If the burner does not light within 5 seconds, turn the burner control
knob to “Off”. Wait 5 minutes for gas to clear, and try again.
8. When lit, turn the control knob to the desired heat setting.
LIGHTING THE SIDE BURNER WITH ELECTRONIC IGNITION

1. Open the side burner cover
2. Ensure the side burner control knob is in the “Off” position, as well as any main burners not in use.
3. Turn on the LP gas if it is not already on.
4. Turn the side burner control knob to “High”.
5. Depress the electronic ignition button and hold. You should hear a clicking sound, which shows the
electronic ignition is working.
7. When lit, turn the side burner control knob to its desired setting.
Page 24 of 30
TURNING OFF YOUR GRILL

1. Turn off the gas supply at the LP tank by turning the valve clockwise.
2. Turn all burner control knobs to the “Off” position.
Cleaning Your Grill

! WARNING
1. Do not clean any part of your barbecue grill in a self-cleaning oven.
2. Do not use oven cleaners, abrasive kitchen cleaners, cleaners that contain citrus products, or mineral
spirits.
3. Do not use any type of steel bristled brush.
4. Clean your grill regularly to prohibit grease build-ups and avoid a grease fire or excessive flare-ups.
5. Always allow the grill to cool down prior to cleaning.
STAINLESS STEEL – clean with multipurpose low abrasive non-phosphorous metal or stainless steel polish
and a soft cloth. Always polish in the direction of the lines. Do not allow grease and dirt to accumulate.
In addition, the following products and naturally occurring substances in the outdoors will damage all stainless
steel finishes. Use caution so that they do not come in contact with your Gas Grill. Immediately wash them off
and dry the stainless steel should they ever come in contact with your Gas Grill. This includes, but is not
limited to, Pool Chemicals (chlorine and bromine), Lawn Fertilizer, Ice Melting Salts, Sea or Salt Water, Urine,
Bird Droppings, and Tree Sap.
OTHER EXTERIOR SURFACES– wash with a mild dish soap and warm water. A cloth, soft brush, or
plastic cleaning pad can be used. Rinse thoroughly and wipe dry.
COOKING GRATES, WARMING RACK, AND HEAT DIFFUSERS – use a stiff brass brush. Wash with
warm water and mild dish soap as needed, rinse, and dry.
GREASE PAN AND TRAY – check after each use. Remove and empty the Tray when half full. Remove and
clean the Pan as grease builds up. Both can be washed with warm water and mild dish soap.
ELECTRONIC IGNITER – visually inspect for cracks. Replace if a crack is found. Do not use water to
clean the igniter.
BURNERS – we recommend you clean your burners at least twice a year, or before use if the grill has not been
used in over one month.
! WARNING
Small insects, such as spiders, are able to access the burner tubes. Sometimes they will build nests or spin
webs. In either case, this can block or reduce the amount of gas flowing through the burner. You will
usually see a smaller flame, or a flame that is mostly yellow rather than blue, coming from the burner when
this happens. Other signs include the grill not heating evenly, not reaching temperature, or burners not
igniting. In cases with severe blockage, this can cause the flame to burn backwards, and outside of the
burner tubes, which can cause damage to your grill and/or personal injury. IMMEDIATELY SHUT OFF
THE FLOW OF LP GAS AT THE CYLINDER BY TURNING THE HAND WHEEL
CLOCKWISE SHOULD THIS HAPPEN. Wait for the grill to cool, and then clean all burners.
Page 25 of 30
CLEANING THE BURNERS

1. Ensure the LP gas is turned off at the LP cylinder.
2. Remove the cooking grates, flame tamer, and grease tray.
3. Remove the cotter pins located underneath the back end of each burner.
4. Lift each burner up and out.
5. Clean the inside of the burner using a stiff wire. A straightened coat
hanger is one suggested tool. An alternative way to clean the inside
of the burner is using compressed air. Always wear eye protection
if using this method. Never enlarge the burner ports during cleaning.
6. Brush the outer surface of the burner.
7. Ensure all ports (holes) are free of all debris
8. Inspect the burner. Replace if any cracks or enlarged holes.
9. Reinstall the burners making sure the burners seat over the
valves as shown in the figure to the right.
! WARNING
Properly locating the burner with respect to the orifice is vital for safety.
10. Secure the back of the burners to the firebox with the cotter pins.
11. Replace the grease tray, flame tamer, and cooking grates.
12. Perform a Leak Test described earlier in this guide.
BURNER FLAMES
Always inspect the burner flame after lighting. A good
flame should be primarily blue with a yellow tip and have
a minimal amount of noise. Some yellow tips are OK if
under one inch. New burners sometimes have oil residue,
which will cause yellow flame when burning off. Variations
in gas supply, altitude, weather, and other factors can all
impact burner performance. Older grills can also show
more yellow flame as food deposits, oils, and fats can build up.
ALWAYS
1. Keep the grilling area clear and free from combustible materials, gasoline and other flammable vapors and
liquids.
2. Do not obstruct the flow of combustion and ventilation air.
ELECTRONIC IGNITION MAINTENANCE

Your grill is equipped with electronic ignition. It’s powered by one “AA” size battery. Replace the battery
when necessary. Unscrew the igniter top. Place the new battery into the igniter with the positive (+) end of the
battery facing up. Screw the igniter top back into place.
GRILL STORAGE
1. Clean your grill before storage.
2. Storage of a gas grill indoors is permissible only if the LP cylinder is disconnected and removed from the
gas grill.
3. Cover the grill.
4. Perform a Leak Test before use after storage.
Page 26 of 30
Grilling With Your New Grill

Welcome to the world of grilling. Whether you’re already an established griller, or just starting out, your new
grill should bring you much enjoyment and satisfaction, to say nothing of some phenomenal meals. We
encourage you to experiment to find your own favorite recipes.
The control panel is labeled “HI/LIGHT”, “LOW”, and “OFF” for each burner control knob. Simply push in on
the temperature control knobs and turn to the desired heat setting. A thermometer is placed in the hood so that
you can see the cooking temperature inside the grill.
The heat diffusers are designed to help evenly distribute heat throughout the grill. They are also designed to
catch and smoke the right amount of drippings, adding more flavors to your meal.
DIRECT VS. INDIRECT COOKING

Food cooked on the grill is either done using direct or indirect cooking. Direct cooking is when the food is
cooked directly over the heat. Food is placed in-between the burners for indirect cooking.
DIRECT – Used for preheating and searing

Use Direct cooking to sear meats. This helps to keep food moist by locking in juices. Some food, such as steak,
is first seared using Direct cooking, and then finished cooking using the Indirect method. This is generally used
for quicker cooking foods. Preheat the grill to 500°F (260°C). You can shut off one or more burners if you do
not need to use the entire grilling surface once you reach over 500°F(260°C). You can also use a medium high
heat of 400°F or more by turning the burners down slightly. Place the food directly over the heat source.
Remain vigilant when grilling using this method, as it’s easy to overcook.
INDIRECT – How most food is cooked on a gas grill

Indirect cooking is used for foods that take longer to cook, including large cuts of meat such as roasts. It’s also
used for cooking more delicate food that can dry out quickly such as fish and poultry, for fattier foods to reduce
flare-ups, and when grilling using a roasting pan or aluminum foil. Preheat the grill to 500°F(260°C). Then
turn some burners off, and others to medium to low depending on the temperature you want to maintain.
Generally, turn the center burner off for a 3-burner model and the 2 inside burners off on a 4-burner model.
Grills with more than 4 burners will vary depending on what you are cooking. Generally, you want to keep the
temperature around 350°F. Do not place the food directly over any burners when using this grilling method. .
SIDE BURNER
Use the side burner to boil soups, corn on the cob, lobster, steam, stir-fries, or warm.
GRILLING TIPS AND TRICKS

1. Always “Preheat” your grill before cooking. Light all main burners, turn to “HI”, and close the lid until the
thermometer reads over 500°F (260°C), which should be 4 minutes. Then adjust the burner control knobs to
the proper temperature. Note that no preheating is necessary for the side burner.
2. The thermometer measures the temperature at the top of the lid. The temperature down by the cooking grates
is generally somewhat warmer.
3. Climate conditions can impact your grilling times. Allow more cooking time for cold, wind, and higher altitudes.
We recommend you place the grill in an area protected from much wind.
4. Trim away any excess fat from meat to reduce flare-ups.
5. Keep similar size portions together so that they cook more evenly.
6. Generally speaking, the more food on the grill, the longer the cooking time.
7. Be aware when using the Direct cooking method, as food can easily become overcooked, burned, or dry out.
Food may require more turning, or sometimes, may need to be moved off the flame.
8. Larger pieces of meat generally require more cooking time per pound than smaller pieces of meat.
9. If a major flare-up, or too many flare-ups occur, turn off the gas, move the food away from the flare-up, and
close the hood. Restart the grill once the flare-up has died down.
Page 27 of 30
10. Turn foods infrequently. Generally, only turn a steak once during cooking.
11. Use tongs rather than a fork when turning the food on the grill. Less juice will be lost that way.
12. Know your sauce and when to apply. Oil and vinegar based sauces can be brushed on any time. Sugar
based sauces like barbecue sauce should be applied during the last few minutes of cooking.
13. A timer can help you keep from over-cooking the food.
14. Use insulated protective mitts or potholders when working around a grill in operation.
15. Use a small amount of cooking oil on the cooking grates before heating to reduce foods sticking on the
grates.
Trouble Shooting Guide

BURNER WILL NOT LIGHT
1.) Gas supply is turned off. Turn on gas at LP tank.
2.) Out of propane. Check to be sure you still have propane in your tank.
3.) Regulator is not properly seated into the tank valve. Remove and reattach. Hand tighten only.
4.) Crimped fuel supply hose. Inspect and straighten.
5.) Regulator failure or damaged hose. Order replacement part and replace.
6.) Make sure you can hear the electronic igniter clicking. If not, replace the battery with an “AA” size.
Inspect the electrode to be sure it’s not coated in grease or dirt. If so, clean with rubbing alcohol. Check
the distance from the electrode tip to the burner. The tip of the electrode should be 1/8” to ¼” from the
main burner and 1/8” to 3/16” from the side burner. Adjust if necessary. Inspect the electrodes to be
sure they are not cracked or broken. If so, order replacement parts and replace.
7.) Blockage in the gas system. Inspect the burners to be sure insects, spider webs, etc do not block them.
Clean if necessary. Inspect under the control panel to be sure the burners are aligned properly with the
valves.
IRREGULAR FLAME OR YELLOW FLAME

1.) New burner may have residual oil, which will burn off.
2.) Tubes in burners are blocked. Remove and clean.
3.) Burners have a high grease or dirt build-up. Remove and clean.
4.) Burners are not aligned properly with the valves. Inspect under the control panel.
SUDDEN DROP IN GAS PRESSURE OR FLAMES BLOW OUT

1.) Out of gas. Check to be sure you still have propane in your tank.
2.) Your excessive fuel flow valve has tripped, thereby reducing the flow of gas. Turn off all burners, wait
30 seconds, and relight grill. If problem persists, turn off all burners. Disconnect regulator from tank.
Wait 10 minutes. Reconnect regulator and leak test. Slowly turn on LP tank and relight grill. Other
ways the flow limiting device can be activated include
a. A ruptured gas hose. Inspect, perform a leak test, and replace as necessary.
b. Opening the control knobs before turning on the LP gas at the tank. Turn on the gas at the LP
tank first before turning on a control knob to light.
c. Improper purging of tank before it was filled. See your LP gas dealer.
3.) Wind could be blowing out your burners. Turn front of grill to face wind or move out of the wind.
FIRE BEHIND CONTROL PANEL

Immediately shut off LP tank valve and allow grill to cool.
1.) Check burners for obstructions and clean.
2.) Inspect under the control panel to be sure the burners are aligned properly with the valves.
3.) Gas is leaking from a faulty connection or damaged hose. Perform a leak test and inspect for leaks.
Tighten or replace parts as necessary.
Page 28 of 30
Frequently Asked Questions
Can I convert my gas grill from one fuel source to another?

No. Your gas grill is manufactured to specific standards developed by CSA and ANSI for your safety
and grilling performance for either LP or Natural Gas. We do not offer conversion kits nor do we
recommend you change the fuel type.
How are your grills tested?

Our grills are tested and certified by CSA, a leading worldwide independent testing center, to meet or
exceed various CSA and ANSI standards along with various performance standards. The burners and
gas line in each grill are also individually tested when each grill comes off the assembly line just prior to
packaging. Each burner is ignited for this test.
What is the humming noise I sometimes here coming from my regulator?

The humming sound you can hear is just gas flowing through the regulator. There is no need to be
concerned with a low volume of noise.
My grill has a low flame on some burners, or some burners will not light at all. What can cause this?
This can be caused by the regulator’s flow limiting device, which is generated by a sudden change in
pressure. Opening the tank valve too quickly can cause this. In this case, close the LP tank valve and
disconnect from the regulator. Let it stand for 10 minutes. Reconnect the regulator to the LP tank.
Open the grill lid. Slowly open the LP tank valve. Follow the burner lighting procedures and light the
burner furthest from the LP tank. Continue to light the other burners as you move towards the LP tank.
Can I use ceramic plates, briquettes of any kind, or lava rocks?

No. Your grill is designed for use only with the heat diffusers. Grease drips down on to the diffusers
and is burned, creating steam and additional flavor.
For technical support and replacement parts service

Business hours: 8:00 am to 10:00pm Monday thru Saturday 9:00am to 8:00pm Sunday, Central Standard Time
For customer service please call 1-888-922-2336 or live chat at academy.com.
Do not call store for technical support and replacement part.
Page 29 of 30
Warranty Information
1-888-922-2336
8:00 am to 10:00pm Monday thru Saturday 9:00am to 8:00pm Sunday, Central Standard Time
Page 30 of 30

EXHIBIT G
User Manual
TRITON ORIGINAL
Model #: FSOGBG3002
Please keep this instruction manual for future reference
Customer Service: (888) 922-2336, 8:00am to 10:00pm,Monday thru Saturday

9:00am to 8:00pm Sunday
Central Standard Time
(Made in China)
Table of Contents
• Warnings 3-4
• Tools and Parts 5-6
• Hardware 7
• Assembly Instructions 8-19
• Care and Maintenance 20-29
19-28
• Warranty Information 30
Page 2 of 30
Warnings
FOR YOUR SAFETY:
1.Read this User Manual before attempting to assemble or

operate your grill.
2.Follow all safety instructions.
3.Check for leaks according to directions in this Grill Guide
before operating your grill, even if you purchased this grill
assembled.
4.Keep this Grill Guide for future reference.
5.Contact 1-888-922-2336 should you need assembly
assistance or have any questions.
THIS GRILL IS FOR OUTDOOR USE ONLY.

If stored indoors, then detach and leave propane cylinder
outside.
TO THE INSTALLER OR PERSON ASSEMBLING THIS GRILL:

Leave this User Manual with the consumer.
TO THE CONSUMER:
Retain this User Manual for future reference.
Page 3 of 30
Warnings
Safety Precautions
Always read and follow all DANGER, WARNING, AND FOR YOUR SAFETY notices in this User
Manual. Failure to follow these notices may result in property damage, bodily or physical injury, or death.
1. Grill installation must conform with local codes, or in their absence, with either the National Fuel
Gas Code, ANSI Z223.1/NFPA 54, Natural Gas and Propane Installation Code, CSA B149.1, or
Propane Storage and Handling Code, B149.2.
2. This gas grill, when installed, must be electrically grounded in accordance with local codes, or, in
the absence of local codes, with the National Electrical Code, ANSI Z21.58-2007, or the Canadian
Electrical Code, CSA 1.6-2007.
3. This gas grill is intended for outdoor use only, and should not be used in a building, garage, or any
other enclosed area.
4. This gas grill is not intended to be installed in or on recreational vehicles and/or boats.
5. Never use any other type of fuel for this grill other than LP gas (propane).
6. Only use the pressure regulator with a type 1 connector that is supplied with this gas grill
7. Before each use, check the gas hose for excessive abrasion, cracking, fraying, wear, or cuts.
Replace a hose assembly showing those signs with the hose assembly specified in the parts list
before using the grill.
8. Always perform a Leak Test before operating your grill.
! WARNING
1. Do not store or use gasoline or other flammable vapors and liquids in the vicinity of this or
any other appliance.
2. An LP cylinder not connected for use should not be stored in the vicinity of this or any other
appliance.
! DANGER
If you smell gas:
1. Shut off gas to the appliance.
2. Extinguish any open flame.
3. Open lid.
4. If odor continues, keep away from appliance and call your local fire department.
Page 4 of 30
Tools Required
1 Adjustable wrench
(not included)
2 Screwdriver
(not included)
Page 5 of 30
Parts List
2PCS
Page 6 of 30
Hardware
Page 7 of 30
Step 1:
Assemble the
bottom shelf(23)
to the legs(20)
using BOLT
M6*50 (AA)-
4PCS and NUT
M6 FLANGE
LOCK (EE)-
4PCS.
Step 2:
Assemble the
long fence rails
(21) to both legs
using BOLT
M6*12 (BB)-
8PCS.
Page 8 of 30
Step 3:
Assemble the
threaded casters (22)
to legs by twisting
clockwise until tight.
Turn over the bottom
assembly when
completed and lock
all casters to prevent
from moving.
Step 4:
Assemble the
bottom hinges
(14)-4PCS to the
back of body
(15) using BOLT
M6*40 (CC)-
8PCS.
Page 9 of 30
Step 5:
Align and place body on FIG.1
top of the legs. Using
BOLT M6*12 (BB)-
10PCS, attach the
triangular bracket left
(19) and right (18) to
back of body and legs as
shown in the Fig.1.
Secure front of body to
legs using M6*12 (BB)-
2PCS with M6 SPACER
(JJ)-2PCS.
Step 6:
Attach the
accessory holder
(17) to body using
BOLT M6*12 (BB)-
4pcs.
Page 10 of 30
Step 7:
Assemble gas
tank holder (24)
and gas tank
hook (25) on the
left leg using
BOLT M6*12
(BB)-4PCS.
Step 8:
Screw in BOLT M6*12 FIG.2b
(BB)-2PCS halfway on
the upper corners of
the side burner body
(27) as shown in Fig.
2a. Slide in the two
screws in opening (Fig.
2b) to hold the side
burner body in position.
Using M6*12 (BB)-
4PCS, fasten the side FIG.2a
burner body in place

and tighten all screws.
Page 11 of 30
Step 9:
Mount knob base

(26) to front of side
burner body using
BOLT M4*8 (HH)-
2PCS. Push knob
(36) into side burner
controller.
Step 10:
Assemble the side
Fig. 3
burner (29) by sliding
it on the top center of
the side burner body.
Secure burner to
body using BOLT
M4*8 (HH)
-2PCS.
Affix the terminal to
gas controller as
shown in Fig. 3.
Page 12 of 30
Step 11:
Assemble back
panel(1) to back side of
gas side using BOLT
M6*12(BB)-3PCS.
Step 12:
Assemble lid Hinges (8)-2PCS
on charcoal lid (4) using M6*40
(CC)-4PCS and NUT M6
FLANGE LOCK (EE)-4PCS.
Attach the charcoal stack (2)-
1PCS on charcoal lid using
BOLT M6*12 (BB)-2PCS and
NUT M6 FLANGE LOCK (EE)-
2PCS.
Assemble the lid handle (7) to
charcoal lid using the pre-
installed screw that come with
the handle. Remove screw
from lid handle then place lid
handle base(6) as shown.
Page 13 of 30
Step 13:
Assemble lid hinges

(8)-2PCS on gas lid
(3) using M6*40
(CC)-4PCS and NUT
M6 FLANGE LOCK
(EE)-4PCS.
Step 14:
Assemble the
firebox handles (32)
and handle bases
(31) to firebox lid
and body (right)
using BOLT M6*25
(DD)-4PCS.
Page 14 of 30
Step 15: Fig. 5b
Screw in BOLT M6*12
(BB)-2PCS halfway on
the firebox (35) as
shown in Fig. 5a. Slide
in the two screws in
opening (Fig. 5b) to hold Fig. 5a
the firebox in position.

Using M6*12 (BB)-
9PCS, fasten the firebox
in place and tighten all
screws.
Step 16:
Align and place gas lid on
top of the body (left side).
Place PIN ROLL (GG)-
2PCS through the hinges
and secure with COTTER
PIN (FF)-2PCS.Align and
place charcoal lid on top of
the body (right side). Place
PIN ROLL (GG)-2PCS
through the hinges and
secure with COTTER PIN
(FF)-2PCS.
Page 15 of 30
Fig. 6
Step 17:
Assemble lifting
handles (12)-2PCS
to charcoal pan (13).
Lower lifting system
to body (charcoal
side) as on Fig. 6.
Put flame tamers
(11)-3PCS to gas
side of body.
Step 18:
Assemble the warming

rack (9)-2PCS by
inserting the top two
ends to lids and
bottom side to body.
Secure the top part of
warming rack with
COTTER PIN (FF)-
4PCS.
Page 16 of 30
Step 19:
Place cooking
grates (33)-2PCS
and charcoal pan
(34) into firebox.
Step 20:
Place cooking grates

(10)-4PCS to body.
Assemble “S” hooks

(5)-4PCS to
accessory holder.
Page 17 of 30
Step 21:
Slide drip trays (16)-
2pcs underneath
each side of the
body.
Install battery to
ignition button by
gently removing the
cap, placing battery
(II) and putting back
the cap.
Page 18 of 30
FULLY ASSEMBLY
Page 19 of 30
Care and Maintenance
GAS GRILL
General Information and Instructions
Your new Outdoor Gourmet™ Grill has been designed and manufactured to high quality standards. It will
provide you with many years of enjoyment with a minimal amount of maintenance. Please keep in mind the
following FOR YOUR SAFETY.
OPERATION
1. Your gas grill requires reasonable care during operation. It will be hot during cooking and cleaning.
You should never leave the grill unattended or move the grill when in use.
2. Children should never use your gas grill. Keep younger children and pets away when in use.
3. Only use your gas grill outside in a well-ventilated area. Never use indoors in any building, garage,
shed, or under any type of flammable canopy or overhang.
4. Ensure your grill is on level ground and the locking casters are locked before use.
5. Turn all gas valves off should the burners go out when cooking. Open the lid and wait 5 minutes before
relighting.
6. Do not lean over the grill or touch the edges of the firebox or lid when in use.
7. Turn the burners off, close the lid, and shut off the LP cylinder should a grease fire occur.
8. Do not obstruct the flow of combustion and ventilation air to this grill.
9. Keep the outdoor cooking gas appliance area clear and free from combustible materials, gasoline, and
other flammable vapors and liquids.
11. Do not put a barbecue cover or other flammable material in the storage area of this grill.
12. Do not use charcoal briquettes, lava rock, or any type of ceramic product in the gas section of this grill.
13. Do not install or use on or in a recreational vehicle and/or boats.
LP Gas and Cylinder Information

Your new gas grill operates on LP (Liquid Petroleum) Gas. It is odorless, colorless, and non-toxic when
produced. You can smell LP gas as it has been given an odor similar to rotten cabbage for your safety.
Triangular Hand Wheel
Your grill uses the newest and safest LP Gas Cylinder.
1. O.P.D. (Overfill Protection Device) – prevents accidental gas leaks
caused by overfilling of the tank. Each tank contains a float that
closes the input valve when the tank is 80% full. This allows room
for the LP gas to expand in hot temperatures. A triangular hand wheel
distinguishes this type of tank.
2. Q.C.C.1 Type 1 Quick Connect Valve – provides fast tank hook-ups and requires only to be tightened by
hand.
In addition, the LP tank you use with your grill must meet the following requirements
1. Required Measurements: 12-1/2” (317mm) in diameter and 18-1/2” (472mm) in height.
2. 20-pound (9.1kg) propane cylinder.
3. Constructed and marked with U.S. Department of Transportation (D.O.T.) for the US or CAN/CSA-
B339, Cylinders, Spheres and Tubes for Transportation of Dangerous Goods; and Commission, for
Canada.
4. A safety release valve.
5. A means for vapor withdrawal.
Page 20 of 30
! WARNING
1. Do not attempt to use a cylinder with any other type of connection device.
2. Do not attempt to use a cylinder with a larger capacity
! WARNING
A frosty cylinder valve indicates possible gas overfill. Close the LP valve and call your dealer
immediately.
! WARNING
1. Never store any extra cylinders near your grill.
2. Keep cylinders out of direct sunlight and high heat.
3. Never fill your cylinder over 80% full by volume. This may cause release of gas from the safety
release valve.
4. Immediately call your LP dealer or fire department should you hear, smell, or see escaping gas
from the cylinder.
5. Do not insert any type of foreign objects into the valve outlet.
! WARNING
1. The gas supply must be turned off at the LP-gas supply cylinder when this outdoor cooking gas
appliance is not in use.
2. Storage of this gas grill indoors is permissible only if the cylinder is disconnected and removed from
the gas grill.
3. Cylinders must be stored outdoors out of reach of children and must not be stored in a building,
garage, or any other enclosed area.
TRANSPORTATION AND STORAGE

1. Always use the Safety Cap when transporting or storing your cylinder.
2. Do not store in a building, garage, or other enclosed area.
3. Always store your cylinder outside.
4. Store out of reach of children.
Dust Cap
5. Always transport in an upright position.
6. Do not smoke when transporting your cylinder.
Page 21 of 30
Regulator and LP Cylinder Connections

! CAUTION
The gas pressure regulator provided with this outdoor cooking appliance must be used. This regulator is set
for an outlet pressure of 11 inches water column.
Your regulator is equipped with a Q.C.C. Type 1 quick connect system. It will not allow gas to flow until a
positive seal has been made. It has a thermal element that will shut off the gas flow if the temperature reaches
240 degrees F (115 degrees C). It also has a flow-limiting device that will restrict the flow of gas to 10 cubic
feet per hour (0.28 cubic meters per hour).
Before each use, check the gas hose for excessive abrasion or wear, or cuts. Replace a hose assembly showing
those signs with the hose assembly specified in the parts list before using the grill.
TO CONNECT THE CYLINDER TO THE REGULATOR AND HOSE

1. Be sure the LP cylinder is “OFF” by turning the hand wheel clockwise
until it stops.
2. Place the cylinder on the hook beside of body with the valve
facing outward. See Assembly Instructions to secure.
3. Be sure all burner controls are turned to the “Off” position.
4. Remove the safety cap from the from the cylinder valve.
5. Center the nipple of the regulator into the cylinder valve
6. Turn the black nut clockwise until it stops. Hand Tighten Only.
Do Not Use A Wrench.
The regulator must enter the

cylinder valve in a straight
line.
Center this nipple of the

regulator into the cylinder
valve.
Q.C.C.1 Type 1 Connector ! WARNING

Always keep the gas cylinder in
the upright position at all times.
! WARNING
1. Do not connect this grill to any unregulated sources of propane.
2. Before each use, check the gas hose for excessive abrasion or wear, or cuts. Replace a hose
assembly showing those signs with the hose assembly specified in the parts list before using the
grill. Inspect the hose assembly underneath the side burner and following the regulator hose up
to its connection to the gas manifold assembly.
3. Always perform the Leak Test listed below before using your grill for the first time, if the cylinder
has been changed, any gas components have been changed, the regulator flow-limiting device has
been activated, or after a long period of non-use.
4. Do not attempt to connect this grill to the LP system of a motor home or trailer.
Page 22 of 30
LEAK TESTING THE REGULATOR, VALVES, HOSES, AND CONNECTIONS

1. Ensure the LP cylinder valve and all burners are “Off”.
2. Ensure the LP cylinder is connected to the regulator.
3. in the above
If the information above steps is not
is not followed followed
exactly, exactly,
a fire a fire
causing causing
death deathinjury
or serious or may occur.
4. Mix up a solution of 50% water and 50% liquid dish soap. Do not use any household cleaner
solution.
5. Open the LP tank valve by turning the hand wheel counterclockwise one turn. If you hear a rushing
sound, turn the gas off immediately. In that case, there could be a leak at the connection. Reconnect
the cylinder to the regulator.
6. Spray or brush on the solution covering the following areas: cylinder welds, regulator and cylinder
connection, gas hose connections to the regulator, all gas hoses, all gas hose connections to the
burners including the main and side burners.
7. Growing bubbles on any of the parts and connections listed above indicate a gas leak. Immediately
shut off the LP tank valve by turning the valve clockwise. Retighten the connections or order
replacement parts as needed. Continue to test as necessary until no leaks are detected.
8. Close the LP tank valve by turning the hand wheel clockwise.
! WARNING
1. DO NOT USE THE GRILL if you cannot stop the leaks. Be sure the LP cylinder valve is closed.
If the LP cylinder is still leaking, contact your LP dealer or local fire department.
2. Do not use any match or open flame, or smoke, during leak testing.
3. Do not light a burner during leak testing.
Grill Placement
4. The replacement hose assembly must be the one identified.
! FOR YOUR SAFETY

1. Minimum clearance from sides and back of unit to adjacent combustible construction below top
of unit, 36 inches (91 cm) from sides and 36 inches (91 cm) from back.
2. Do not locate this outdoor cooking gas appliance under overhead-unprotected combustible
surfaces.
APARTMENT RESIDENTS
Check with your apartment manager regarding
your regulations for barbecues.
36"
36" ! WARNING
1. Do not use this grill in any enclosed
area, garage, shed, or under any type of
overhead structure or canopy.
2. Operate this grill only in a well-
ventilated area.
! WARNING
! WARNING ! supply cord and the fuel
Keep any electrical
Do not face the grill directly into the wind. supply hose away from any heated surfaces and
water.
Page 23 of 30
Grill Operations
LIGHTING
Always visually inspect your grill before lighting. Replace any hoses that are frayed or cracked before lighting
your grill. Look for anything that may be blocking spaces for ventilation and remove. After lighting, always
check the flame to ensure you have a good flame all along each burner. If not able to light, or the flame is not
even along the entire burner(s), then see the Trouble Shooting section
! WARNING
1. Read instructions before lighting.
2. Open lid during lighting.
3. If ignition does not occur in 5 seconds, turn the burner control(s) off, wait 5 minutes and repeat the
lighting procedure as below:
LIGHTING THE MAIN BURNERS USING ELECTRONIC IGNITION

1. Open the lid.
2. Ensure all burner control knobs are in the “Off” position.
3. Turn on the LP gas by turning the hand wheel on the cylinder valve.
4. Turn one burner control knob marked with an igniter flame “ ” to “High”.
5. Depress the electronic ignition button and hold down. You should hear a
clicking sound, which shows the electronic ignition is working.
7. When lit, turn the control knob to the desired setting.
8. Your grill is equipped with continuous ignition. Simply turn the control knob of the burner next to the lit
burner to HI. It will light automatically. Do not press the electronic ignition button again. Then adjust
control knob(s) to desired settings.
MANUALLY LIGHTING THE MAIN BURNERS WITH THE MATCH LIGHTING STICK
1. Open the lid.

2. Ensure all burners are in the “Off” position.
3. Slowly turn on the gas at the LP tank valve if it is not already on.
4. Place a match in the Match Holder. This is located in the top center
drawer of the grill cabinet underneath the right main burner.
5. Use the holder to slide the lit match though the cooking grates and the
front of the heat tent to the left of the burner you wish to light.
6. Press and turn the burner control knob to “HI/LIGHT”. Continue to push
in and hold up to 5 seconds or until the burner lights.
7. If the burner does not light within 5 seconds, turn the burner control
knob to “Off”. Wait 5 minutes for gas to clear, and try again.
8. When lit, turn the control knob to the desired heat setting.
LIGHTING THE SIDE BURNER WITH ELECTRONIC IGNITION

1. Open the side burner cover
2. Ensure the side burner control knob is in the “Off” position, as well as any main burners not in use.
3. Turn on the LP gas if it is not already on.
4. Turn the side burner control knob to “High”.
5. Depress the electronic ignition button and hold. You should hear a clicking sound, which shows the
electronic ignition is working.
7. When lit, turn the side burner control knob to its desired setting.
Page 24 of 30
TURNING OFF YOUR GRILL

1. Turn off the gas supply at the LP tank by turning the valve clockwise.
2. Turn all burner control knobs to the “Off” position.
Cleaning Your Grill

! WARNING
1. Do not clean any part of your barbecue grill in a self-cleaning oven.
2. Do not use oven cleaners, abrasive kitchen cleaners, cleaners that contain citrus products, or mineral
spirits.
3. Do not use any type of steel bristled brush.
4. Clean your grill regularly to prohibit grease build-ups and avoid a grease fire or excessive flare-ups.
5.Always allow the grill to cool down prior to cleaning.
STAINLESS STEEL – clean with multipurpose low abrasive non-phosphorous metal or stainless steel polish
and a soft cloth. Always polish in the direction of the lines. Do not allow grease and dirt to accumulate.
In addition, the following products and naturally occurring substances in the outdoors will damage all stainless
steel finishes. Use caution so that they do not come in contact with your Gas Grill. Immediately wash them off
and dry the stainless steel should they ever come in contact with your Gas Grill. This includes, but is not
limited to, Pool Chemicals (chlorine and bromine), Lawn Fertilizer, Ice Melting Salts, Sea or Salt Water, Urine,
Bird Droppings, and Tree Sap.
OTHER EXTERIOR SURFACES– wash with a mild dish soap and warm water. A cloth, soft brush, or
plastic cleaning pad can be used. Rinse thoroughly and wipe dry.
COOKING GRATES, WARMING RACK, AND HEAT DIFFUSERS – use a stiff brass brush. Wash with
warm water and mild dish soap as needed, rinse, and dry.
GREASE PAN AND TRAY – check after each use. Remove and empty the Tray when half full. Remove and
clean the Pan as grease builds up. Both can be washed with warm water and mild dish soap.
ELECTRONIC IGNITER – visually inspect for cracks. Replace if a crack is found. Do not use water to
clean the igniter.
BURNERS – we recommend you clean your burners at least twice a year, or before use if the grill has not been
used in over one month.
! WARNING
Small insects, such as spiders, are able to access the burner tubes. Sometimes they will build nests or spin
webs. In either case, this can block or reduce the amount of gas flowing through the burner. You will
usually see a smaller flame, or a flame that is mostly yellow rather than blue, coming from the burner when
this happens. Other signs include the grill not heating evenly, not reaching temperature, or burners not
igniting. In cases with severe blockage, this can cause the flame to burn backwards, and outside of the
burner tubes, which can cause damage to your grill and/or personal injury. IMMEDIATELY SHUT OFF
THE FLOW OF LP GAS AT THE CYLINDER BY TURNING THE HAND WHEEL
CLOCKWISE SHOULD THIS HAPPEN. Wait for the grill to cool, and then clean all burners.
Page 25 of 30
CLEANING THE BURNERS

1. Ensure the LP gas is turned off at the LP cylinder.
2. Remove the cooking grates, flame tamer, and grease tray.
3. Remove the cotter pins located underneath the back end of each burner.
4. Lift each burner up and out.
5. Clean the inside of the burner using a stiff wire. A straightened coat
hanger is one suggested tool. An alternative way to clean the inside
of the burner is using compressed air. Always wear eye protection
if using this method. Never enlarge the burner ports during cleaning.
6. Brush the outer surface of the burner.
7. Ensure all ports (holes) are free of all debris
8. Inspect the burner. Replace if any cracks or enlarged holes.
9. Reinstall the burners making sure the burners seat over the
valves as shown in the figure to the right.
! WARNING
Properly locating the burner with respect to the orifice is vital for safety.
10. Secure the back of the burners to the body with the cotter pins.
11. Replace the grease tray, flame tamer, and cooking grates.
12. Perform a Leak Test described earlier in this guide.
BURNER FLAMES
Always inspect the burner flame after lighting. A good
flame should be primarily blue with a yellow tip and have
a minimal amount of noise. Some yellow tips are OK if
under one inch. New burners sometimes have oil residue,
which will cause yellow flame when burning off. Variations
in gas supply, altitude, weather, and other factors can all
impact burner performance. Older grills can also show
more yellow flame as food deposits, oils, and fats can build up.
ALWAYS
1. Keep the grilling area clear and free from combustible materials, gasoline and other flammable vapors and
liquids.
2. Do not obstruct the flow of combustion and ventilation air.
ELECTRONIC IGNITION MAINTENANCE

Your grill is equipped with electronic ignition. It’s powered by one “AA” size battery. Replace the battery
when necessary. Unscrew the igniter top. Place the new battery into the igniter with the positive (+) end of the
battery facing up. Screw the igniter top back into place.
GRILL STORAGE
1. Clean your grill before storage.
2. Storage of a gas grill indoors is permissible only if the LP cylinder is disconnected and removed from the
gas grill.
3. Cover the grill.
4. Perform a Leak Test before use after storage.
Page 26 of 30
Grilling With Your New Grill

Welcome to the world of grilling. Whether you’re already an established griller, or just starting out, your new
grill should bring you much enjoyment and satisfaction, to say nothing of some phenomenal meals. We
encourage you to experiment to find your own favorite recipes.
The control panel is labeled “HI/LIGHT”, “LOW”, and “OFF” for each burner control knob. Simply push in on
the temperature control knobs and turn to the desired heat setting. A thermometer is placed in the hood so that
you can see the cooking temperature inside the grill.
The heat diffusers are designed to help evenly distribute heat throughout the grill. They are also designed to
catch and smoke the right amount of drippings, adding more flavors to your meal.
DIRECT VS. INDIRECT COOKING

Food cooked on the grill is either done using direct or indirect cooking. Direct cooking is when the food is
cooked directly over the heat. Food is placed in-between the burners for indirect cooking.
DIRECT – Used for preheating and searing

Use Direct cooking to sear meats. This helps to keep food moist by locking in juices. Some food, such as steak,
is first seared using Direct cooking, and then finished cooking using the Indirect method. This is generally used
for quicker cooking foods. Preheat the grill to 500°F (260°C). You can shut off one or more burners if you do
not need to use the entire grilling surface once you reach over 500°F(260°C). You can also use a medium high
heat of 400°F or more by turning the burners down slightly. Place the food directly over the heat source.
Remain vigilant when grilling using this method, as it’s easy to overcook.
INDIRECT – How most food is cooked on a gas grill

Indirect cooking is used for foods that take longer to cook, including large cuts of meat such as roasts. It’s also
used for cooking more delicate food that can dry out quickly such as fish and poultry, for fattier foods to reduce
flare-ups, and when grilling using a roasting pan or aluminum foil. Preheat the grill to 500°F(260°C). Then
turn some burners off, and others to medium to low depending on the temperature you want to maintain.
Generally, turn the center burner off for a 3-burner model and the 2 inside burners off on a 4-burner model.
Grills with more than 4 burners will vary depending on what you are cooking. Generally, you want to keep the
temperature around 350°F. Do not place the food directly over any burners when using this grilling method. .
SIDE BURNER
Use the side burner to boil soups, corn on the cob, lobster, steam, stir-fries, or warm.
GRILLING TIPS AND TRICKS

1. Always “Preheat” your grill before cooking. Light all main burners, turn to “HI”, and close the lid until the
thermometer reads over 500°F (260°C), which should be 4 minutes. Then adjust the burner control knobs to
the proper temperature. Note that no preheating is necessary for the side burner.
2. The thermometer measures the temperature at the top of the lid. The temperature down by the cooking grates
is generally somewhat warmer.
3. Climate conditions can impact your grilling times. Allow more cooking time for cold, wind, and higher altitudes.
We recommend you place the grill in an area protected from much wind.
4. Trim away any excess fat from meat to reduce flare-ups.
5. Keep similar size portions together so that they cook more evenly.
6. Generally speaking, the more food on the grill, the longer the cooking time.
7. Be aware when using the Direct cooking method, as food can easily become overcooked, burned, or dry out.
Food may require more turning, or sometimes, may need to be moved off the flame.
8. Larger pieces of meat generally require more cooking time per pound than smaller pieces of meat.
9. If a major flare-up, or too many flare-ups occur, turn off the gas, move the food away from the flare-up, and
close the hood. Restart the grill once the flare-up has died down.
Page 27 of 30
10. Turn foods infrequently. Generally, only turn a steak once during cooking.
11. Use tongs rather than a fork when turning the food on the grill. Less juice will be lost that way.
12. Know your sauce and when to apply. Oil and vinegar based sauces can be brushed on any time. Sugar
based sauces like barbecue sauce should be applied during the last few minutes of cooking.
13. A timer can help you keep from over-cooking the food.
14. Use insulated protective mitts or potholders when working around a grill in operation.
15. Use a small amount of cooking oil on the cooking grates before heating to reduce foods sticking on the
grates.
Trouble Shooting Guide

BURNER WILL NOT LIGHT
1.) Gas supply is turned off. Turn on gas at LP tank.
2.) Out of propane. Check to be sure you still have propane in your tank.
3.) Regulator is not properly seated into the tank valve. Remove and reattach. Hand tighten only.
4.) Crimped fuel supply hose. Inspect and straighten.
5.) Regulator failure or damaged hose. Order replacement part and replace.
6.) Make sure you can hear the electronic igniter clicking. If not, replace the battery with an “AA” size.
Inspect the electrode to be sure it’s not coated in grease or dirt. If so, clean with rubbing alcohol. Check
the distance from the electrode tip to the burner. The tip of the electrode should be 1/8” to ¼” from the
main burner and 1/8” to 3/16” from the side burner. Adjust if necessary. Inspect the electrodes to be
sure they are not cracked or broken. If so, order replacement parts and replace.
7.) Blockage in the gas system. Inspect the burners to be sure insects, spider webs, etc do not block them.
Clean if necessary. Inspect under the control panel to be sure the burners are aligned properly with the
valves.
IRREGULAR FLAME OR YELLOW FLAME

1.) New burner may have residual oil, which will burn off.
2.) Tubes in burners are blocked. Remove and clean.
3.) Burners have a high grease or dirt build-up. Remove and clean.
4.) Burners are not aligned properly with the valves. Inspect under the control panel.
SUDDEN DROP IN GAS PRESSURE OR FLAMES BLOW OUT

1.) Out of gas. Check to be sure you still have propane in your tank.
2.) Your excessive fuel flow valve has tripped, thereby reducing the flow of gas. Turn off all burners, wait
30 seconds, and relight grill. If problem persists, turn off all burners. Disconnect regulator from tank.
Wait 10 minutes. Reconnect regulator and leak test. Slowly turn on LP tank and relight grill. Other
ways the flow limiting device can be activated include
a. A ruptured gas hose. Inspect, perform a leak test, and replace as necessary.
b. Opening the control knobs before turning on the LP gas at the tank. Turn on the gas at the LP
tank first before turning on a control knob to light.
c. Improper purging of tank before it was filled. See your LP gas dealer.
3.) Wind could be blowing out your burners. Turn front of grill to face wind or move out of the wind.
FIRE BEHIND CONTROL PANEL

Immediately shut off LP tank valve and allow grill to cool.
1.) Check burners for obstructions and clean.
2.) Inspect under the control panel to be sure the burners are aligned properly with the valves.
3.) Gas is leaking from a faulty connection or damaged hose. Perform a leak test and inspect for leaks.
Tighten or replace parts as necessary.
Page 28 of 30
Frequently Asked Questions
Can I convert my gas grill from one fuel source to another?

No. Your gas grill is manufactured to specific standards developed by CSA and ANSI for your safety
and grilling performance for either LP or Natural Gas. We do not offer conversion kits nor do we
recommend you change the fuel type.
How are your grills tested?

Our grills are tested and certified by CSA, a leading worldwide independent testing center, to meet or
exceed various CSA and ANSI standards along with various performance standards. The burners and
gas line in each grill are also individually tested when each grill comes off the assembly line just prior to
packaging. Each burner is ignited for this test.
What is the humming noise I sometimes here coming from my regulator?

The humming sound you can hear is just gas flowing through the regulator. There is no need to be
concerned with a low volume of noise.
My grill has a low flame on some burners, or some burners will not light at all. What can cause this?
This can be caused by the regulator’s flow limiting device, which is generated by a sudden change in
pressure. Opening the tank valve too quickly can cause this. In this case, close the LP tank valve and
disconnect from the regulator. Let it stand for 10 minutes. Reconnect the regulator to the LP tank.
Open the grill lid. Slowly open the LP tank valve. Follow the burner lighting procedures and light the
burner furthest from the LP tank. Continue to light the other burners as you move towards the LP tank.
Can I use ceramic plates, briquettes of any kind, or lava rocks?

No. Your grill is designed for use only with the heat diffusers. Grease drips down on to the diffusers
and is burned, creating steam and additional flavor.
For technical support and replacement parts service

Business hours: 8:00 am to 10:00pm Monday thru Saturday 9:00am to 8:00pm Sunday, Central Standard Time
For customer service please call 1-888-922-2336 or live chat at academy.com.
Do not call store for technical support and replacement part.
Page 29 of 30
Warranty Information
1-888-922-2336
8:00 am to 10:00pm Monday thru Saturday 9:00am to 8:00pm Sunday, Central Standard Time
Page 30 of 30

EXHIBIT H
MAXIMUM
comfort & Case 4:14-cv-02043 Document 1-11 Filed in TXSD on 07/17/14 Page 2 of 2
performance
A001P1 01-04/13/2008 Prices Good April 13 Through April 19, 2008

ACADEMY
SOLID
STRIPED
REVERSIBLE CREW
V-NECK
Great for
LAYERING
WRINKLE
FREE
MAXIMUM
comfort &
Available in performance
Sizes:
SIXin a box
REVERSIBLE
ACADEMY HOLDS ICE

FOR
5 DAYS
ACADEMY
Available in SOLID Available in
WIDE UPF STRIPED

UPFCREW
Sizes:
FREE
30+
width
CREW 50+ V-NECK Available in
WIDE UPF UPF ACADEMY

V-NECK Great for
Available in
WIDE
width
50+ 30+
LAYERING widths SOLID
ACADEMY STRIPED
14
YOUR CHOICE No
99
Available in
Sizes: Extra Charge for CREW
13,14,15 3XL or 4XL V-NECK
Great for
UMBRELLA
LAYERING
CREW WRINKLE INCLUDED
ACADEMY
BIMINI TOP
V-NECK
SOLID
STRIPED FREE INCLUDED
ACADEMY
CREW
V-NECK
MAXIMUM SOLID
LLA MEN’S
Great for
MAGELLAN
LAYERING comfort &
DED
MAXIMUM
SPORTWEAR ® performance STRIPED
WRINKLE
FREE
FISHING
Laguna
comfort
WRINKLE
FREE BIMINI TOP
&
SHIRTS
performance
Madre INCLUDED
MAXIMUM
comfort &
SIX in a box
CREW
MAXIMUM
V-NECK
comfort &
• 100% Quicky Dry nylon performance performance
Great for
SIX
SIX
• Vented cape back
• UPF50+ Sun Protection
in a box
LAYERING
• Sizes: M-4XL REVERSIBLE REVERSIBLE in a box
• #8313
HOLDS ICE
REVERSIBLE
FOR
5 DAYS HOLDS ICE REVERSIBLE
FOR
MAXIMUM Available in
Sizes:
ENTIRE
FREESTOCK
comfort & OF 5 DAYS WRINKLE
HOLDS ICE
MAGELLAN SPORTSWEAR®
performance
FOR FREE
5 DAYS
Available in
WIDE UPF UPF Available in

SHORTS
WIDE
Available in
50+
width
30+ Sizes: MAXIMUM
• 100% nylonwidths
comfort
Available in &
• 100% cotton
Available in Teflon Stain FREE Sizes:
performance
SIX
Available in
FREE
Sizes:
• Cargo Sizes:
13,14,15 Protection
FREE
• Safari pocket
UMBRELLA in a box WATERPROOF POUCH
REVERSIBLE INCLUDED
Available in INCLUDED IN
WIDE UPF UPF
BIMINI TOP
Available in
FISHING SHIRTS OR SHORTS
INCLUDED
Selection varies by store. WIDE

REVERSIBLE UPF
30+
width
Available in
Available in
WIDE 50+ Available in
WIDE
width
50+
WIDE UPF UPF widths HOLDS
widths ICE
30+
width
50+
1499
SHIMANO CITICAFOR D
13900
ALL STAR CLASSIC 5 DAYS
Available COMBO
in
Available in Available in
• High-efficiencySizes:
gearing
Sizes:
13,14,15
1
Sizes: Everyday
99
• Dartainium drag system
13,14,15 Available in
®
Low Price...24.99 Sizes:

ALL BERKLEY • Super Free bearing-supported
pinion gear system
Everyday
POWER BAIT
• Includes: Original Worms FREE
UMBRELLA
• Five stainless steel ball bearings 168.84
• Blank-through-handle INCLUDED
Low Price...3.19 UMBRELLA
all sizes, Minnows, SHAKESPEARE SYNERGY
per pack INCLUDED
Shakey Worm, construction BIMINI TOP
Available in STEEL TB SPINCAST KIT • Fuji® guides Available in INCLUDED
Lizards, Jerkshad or
BIMINI TOP
RELLA WIDE UPF UPF
Chigger Craw
• 6-ft. rod and reel combo
• Double-sidedINCLUDED
tackle box
• Fuji® reel seat
WIDE UPF
30+ FREE 50+
width width
50+ with 64-piece assortment Available in

CLUDED
BIMINI TOP
• #STEEL TBKIT WIDE widths CAR SHADE
INCLUDED
YOUR CHOICE MIRROLURE TOP PUP,
1499
369
Available in
TOP DOG, OR Sizes:
TOP DOG JR. Everyday
each
• Easy, effortless
13,14,15 Low Price...17.99
Everyday walk-the-dog action
Low Price...4.79 triggers extremely
aggressive top UMBRELLA QUICKSILVER TC-W3
water strikes INCLUDED
OUTBOARD MOTOR OIL
ELLA • ideal bait for
locating fish on BIMINI TOP
• Suitable for use in any
UDED INCLUDED
brand 2-cycle outboard
open flats
BIMINI TOP • An extra refinement step
allows cleaner emissions
INCLUDED • One gallon
• #858022Q01
BIG SELECTIONS, GREAT SERVICE, LOW PRICES EVERY DAY

4999 5999 4999 1999
AUSSIE WALK-A-BOUT
CHARCOAL GRILL
• 100% completely
OUTDOOR GOURMET
11-PIECE COMBO FRYER SET
• Includes: 30-qt. cook pot with lid,
MONARCH STAR PARK BENCH
• Arched backrest with
decorative
MONARCH
9-FT. WOODEN
MARKET
pre-assembled strainer basket, star design
UMBRELLA
• 332-sq. in. of cooking area 10-qt. seafood pot • Sturdy cast-iron
• #VJWU-001C
• Folding frame, locking and basket, FREE frame
hood and bowl T-Star poultry stand, • Hardwood slat seat
CAR SHADE
for transport lifter, steam rack, • #SXL-PB7198B
and storage thermometer,
• #4200 marinade injector,
and 58,000-BTU
adjustable burner
• 10 PSI regulator
® and hose
• CSA approved
automatic safety
shut-off system Excludes Gessner and
• #2517T Voss stores.
10999
MONARCH SIX-PIECE
SLING PATIO SET
24999
CHAR-GRILLER DUO
• Powder-coated
steel frames
• Sling fabric folding chairs FREE
• 36-in. square tempered CAR SHADE
• 42,000-BTU
glass tabletop
three-burner
• Includes: 6 1/2-ft.
gas cooking
umbrella
chamber,
• # S-S10873
and 24-in. charcoal
cooking chamber Umbrella base
• 12,000-BTU not included.
side-burner
and charcoal starter
• 1,246-sq. in.
of cooking surface
• #5050
ACADEMY
SOLID
STRIPED
CREW
V-NECK
44999 BLUE EMBER GAS GRILL

44999 OKLAHOMA JOE’S
Great for
LAYERING
BY FIESTA LONGHORN SMOKER
• 45,000-BTU main burners • Heavy-gauge steel construction
• 12,000-BTU side WRINKLE
burner • 12,000-BTU infrared • Over 900-sq. in. cooking surface
FREE
rear burner withMAXIMUMrotisserie kit • #06201348
• 675-sq. in. total cooking surface
comfort &
performance
SIX • Internal grill light

in a box
• #FG50069-U411 Select stores only.
REVERSIBLE
HOLDS ICE
FOR
5 DAYS
Available in
Sizes:
FREE
Available in
WIDE UPF UPF

30+
width
Available in
WIDE 50+
widths
Available in Internal
Grill Light
Sizes:
13,14,15
UMBRELLA • MONARCH TWO-PERSON

INCLUDED • MONARCH SLING
BIMINI TOP
INCLUDED
CHAISE LOUNGER…34.99 SLING GLIDER CHAIR…59.99
FREE
CAR SHADE

EXHIBIT I
SMOKIN’ HOT DEALS

2499
OUTDOOR
3999-14999
OUTDOOR GOURMET STOCK POTS
GOURMET • Strainer basket included
PROPANE COOKER • 36-qt...39.99 • 42-qt...49.99 • 60-qt...59.99
• Adjustable • 80-qt...79.99 • 100-qt...99.99 • 120-qt...149.99
HI/LO pressure
• 160,000-BTU
• UL- approved
regulator and hose
• #OGSBF-100
• LOUISIANA CRAWFISH
AND SHRIMP BOIL...4.29
299-2999 ASSORTED WEBER

ACCESSORIES
49999
OLD COUNTRY SMOKER
• Handcrafted,
all-welded construction
• Wagon-style wheels
• 20-in. x 35-in. cooking chamber
• WW WOOD • Commercial- grade temperature
MESQUITE LOGS...9.99 gauge included • #OC-20X52
Select stores only.
8499 NEW BRAUNFELS HONDO

JUNIOR SMOKER
• 244-sq. in. of cooking surface
19999 CAJUN INJECTOR ELECTRIC
SMOKEHOUSE
• 100 to 275˚F digitally-controlled
• Compact size to easily fit most patios temperature range
• Cool-touch spring handles • 0 to 24 hour digital timer with
• #06201343 automatic shut-off
• Patented wood chip loader
• Four smoking racks; 2.53-cu. ft.
capacity
• #22174.01940
CHAR-GRILLER DUO
249 99 • 42,000-BTU three-burner gas cooking

chamber, and 24-in. charcoal cooking chamber • 12,000-BTU side-burner and
charcoal starter • 1,246-sq. in. of cooking surface • Side fire-box adaptable
• #5050
4999 84 99
99 99
44999
AUSSIE WALK-A-BOUT WEBER 22 1/2-IN. FIESTA GRILL-RITE GAS GRILL BLUE EMBER
CHARCOAL GRILL KETTLE GRILL • 28,000-BTU main burners GAS GRILL BY FIESTA
• 100% completely pre-assembled • Heavy-duty plated steel • 12,000-BTU side burner • 45,000-BTU main burners
• 332-sq. in. of cooking area hinged cooking grate • 405-sq. in. total cooking surface • 12,000-BTU side burner • 12,000-BTU infrared rear
• Folding frame, locking hood and • 22 1/2-in. diameter • Stainless steel burners burner with rotisserie kit • 675-sq. in. total cooking
bowl for transport and storage cooking area • #BP26040-BL423 surface • Interchangeable ice bucket, condiment
• #4200 • Porcelain-enameled tray, and trash bin • Smoker box
bowl and lid • #FG50069-U411
• #741001
FR
• B & B 10-LB. LUMP CAR
CHARCOAL...5.99
Internal
Grill Light
• CYCLONE
®
PROPANE
EXCHANGE...14.99
1999 14999
MONARCH TEXTALINE MONARCH 10-FT. X 10-FT. GAZEBO
SLING CHAIR • Powder-coated steel frame with antique finish
• Comfortable • Two-tier weather-resistant polyester canopy
textaline backing • Four multi-purpose corner shelves
• Available in • Center height: 9 ft.
assorted colors • #HJ-I-089A
• #LG-1305 Not available at Gessner store.
• SQUARE SIDE
TABLE...9.99
5 49
1299
TIMBER CREEK TIMBER CREEK
COLLAPSIBLE ARMCHAIR DELUXE ALUMINUM
• Folds up in seconds STARS AND STRIPES CHAIR
for easy storage • Durable 1,200-denier polyester
• Assorted colors • Heavy-duty aluminum
• Includes: carry bag construction
• #S98-065A • Convenient
carry bag
• #12137S
1499 1999
ST. PIERRE HORSESHOES SET SPORTCRAFT BOCCE SET
• Four royal horseshoes • For recreational players
• Two solid-steel 24-in. long stakes • 90 mm Phenolic Bocce Balls
• Official rule book and court • 41 mm Phenolic Pallino • Official
layout instructions included WBL rules sheet
• #RO-1 • Convenient carry bag
• #1-1-50-804/5000
32999
MONARCH 10-PIECE PATIO SET
Powder-coated, steel set includes:
• Table tempered glass tabletop
• Four cushioned chairs
• Two 360˚ swivel rockers
• Two padded footrests • Side table
• #S-S07670-6
Not available at Gessner store.
2399 LEGEND SPORTS TETHERBALL SET

• Set includes: durable 2-in.
diameter powder-coated steel pole, size 5
2899 LEGEND SPORTS
DELUXE VOLLEYBALL SET
• Set includes: 1.75-in. heavy-duty powder-
rubber tetherball with recessed coated three-position steel poles and
hook and nylon rope regulation tournament net • Size: 32 ft. x 3 ft.
• #ODG851 • Ground stakes and tie ropes
• #ODG850
Umbrella and stand

sold separately.
• MONARCH
7 1/2-FT.
UMBRELLA WITH
TILT...29.99
A001P1 01-05/18/2008 Visit academy.com to view our weekly ad. 3


EXHIBIT J
All Hot Deals are limited to stock on hand.

No rain checks, please.
1899
YOUR CHOICE BOYS’ MAGNA DEFENDER OR YOUR CHOICE BOYS’ OZONE 500 PAIN KILLER RC MINI HELICOPTER YOUR CHOICE NERF
44 64
OR GIRLS’ OZONE 500
99 GIRLS’ MAGNA 99
19
• Full-function infrared remote control STRIKEFIRE OR
GLITZ & GLAMOUR GIRL’S WORLD 18-IN. BICYCLES • For ages 8 and up 99 NSTRIKE RECON CS-6
20-IN. BICYCLES • Heavy-duty steel frame • Three pads • #ST230238
• Take tag to the next level
• Steel frame • Rear coaster brake with graphics • Removable training wheels
• Includes: 2-dart tag blasters, 2-sets of Vision
• One-piece • Quick-release seat clamp for
Gear™ eyewear, 2-scoring vests, and 12 tagger
crank easy height adjustment
Micro Darts™
• Crossbar and • Removable water bottle
• #63552,
handlebar • #8508-35D, 8508-34
NStrike Recon
pads • #62869,
• #8529-21, Strikefire
8101-55
PRICE
DROP
2999
YOUR CHOICE ASSORTED NIKKO DUAL RESCUE TRUCK AND ATV
19 99 1/18-SCALE TRUCKS • Two full-function remote control

• YOUTH BELL • Full-function forward, reverse, vehicles • Drive either vehicle with
HELMETS...16.99-48.99 left/right, and stop • Oversized off-road tires the press of a button • Load and
• Adjustable front-wheel alignment unload the ATV with pull out ramp
FREE assembly on bicycles 16-in. and above.

• Assorted Jeep Rescue, H2 Hummer, Ford F-350 • For ages 6 and up
Harley Davidson Edition, Ford F-150, Dodge Ram, • #10150
or Toyota FJ
12999
YOUR CHOICE BOYS’ HUFFY MAJOR TROUBLE BOYS’ MONGOOSE RAID • Requires four
69
20-IN. BICYCLE
99 OR GIRLS’ HUFFY MAJOR FLIRT
• Alloy mag wheels
“AA” and one
9-volt battery
16-IN. BICYCLES
• Front and rear caliper brakes and rear • Freestyle rotor and pegs • #941812AB
coaster brake • Alloy quik-release seat post • Mongoose freestyle frame
• Handlebar and stem pads • Super soft • #R2276
PVC grips • Steel training wheels • MONGOOSE
• #21868, 21098 BICYCLE
PUMPS...5.99-14.99
3499
RC CYCLONE NEW BRIGHT 1/16-SCALE
HIGH-SPEED RACER TRAK ATTACK
• High and low-speed control • Full-function RC • Independent
• Adjustable front suspension for extreme terrain
wheel alignment • Side skid arms balance
2999
• Oversized, off-road tires through wild turns
• Full function • Self-righting
• Battery pack and stunt action
69 99 charger included
• #1612781
• For ages
8 and up
• MONGOOSE • #61450
Limit three PRICE
BICYCLE LOCKS...2.99-9.99
per customer. DROP
BOYS’ OR GIRLS’ BOYS’ OR GIRLS’ OZONE 500
PACIFIC EVOLUTION YOUR CHOICE
EDGE RUNNER
7999
20-IN. BICYCLES 24-IN. BICYCLES
• Steel frame and suspension fork • 15-speed mountain bike
• MTB handlebar and stem • Front and rear center pull brakes
• 6-speed index torque • Thumb shifters • Quick-release seat
9999
drive twist shifter post clamp • #8151-12, 8151-13 YOUR CHOICE ASSORTED 1/14-SCALE TRUCKS MAHOGANY
37
• Front and rear linear pull brakes
• One-piece crank 99 • Oversized off-road tires DARTBOARD
• Steel wheels with 1.95 tires
• Adjustable front wheel alignment CABINET
• Assorted H2,Hummer UT, Dodge • Tournament-style
• #201124P, 201125P
Ram Hem, F-150, or Jeep Arachnid electronic
• All batteries and charger included dart game
• #941420BCA • 26 games with
193 options, including
6 cricket games
• Top and bottom
FREE
compartments
for storage
• Attractive Mahogany
CAR SHADE • Includes: six
soft tip darts and
FREEextra tips
CAR SHADE
• #E320FS-MH
MANCHESTER 6-STATION SWING SET
99 99 • Heavy-duty steel tubing • Weather-resistant polyethylene molded swings MONARCH

• Powder-coated finish • Includes: 2-swings, 1-two person glider, 1-slide, 1-trapeze, RESIN
1-lawn swing • For ages 3 to 8 years • Assembled dimensions 14 ft. x 6 1/2 ft. x 6 ft. RATTAN PATIO
• #42001 DINING SET
Includes:
9993
• Table...39.99,
was 99.99
• Six chairs...9.99,
was...279.93 was 29.99
Items may be purchased
separately.
Umbrella and base not
included.
Limit three sets per
customer.
Excludes
Gessner and
Galveston stores.
Galvanized
Steel
14999
JUMP ZONE 14-FT.
Limit three
per customer.
Excludes
TRAMPOLINE Gessner and
9999
• High-grade Galveston
polypropylene mat stores.
• Heavy-duty
steel frame
• Easy to-assemble was...199.99
• #LT-6001-168 MONARCH
Enclosure HEXAGONAL GAZEBO
sold separately. • Center height: 10 ft.
• #LG3509
14-FT. TRAMPOLINE
ENCLOSURE...99.99
CHAR-GRILLER DUO COMBO GRILL

• 42,000-BTU three-burner gas cooking chamber,
and 24-in. charcoal cooking chamber • 12,000-BTU 299 99
39 99 16999 BRINKMANN 2400 PRO SERIES GAS GRILL
• Three cast-iron burners - 45,000-BTU total
• Porcelain-coated hood • 612-sq. in. of
side-burner and charcoal starter • 1,246-sq. of cooking surface cooking space • Electronic ignition
CHAR-BROIL 22 1/2-IN.
• Side fire-box adaptable • #810-2400-3
• #5050
KETTLE GRILL
• Heavy-duty 362-sq.in.
(2,325-sq. cm.)
chrome-plated cooking grid
• Heat-resistant handles
• Vented drop-in ash catcher
for optimum
temperature control
• AMERIGAS PPX
• #OG-2250-A/R
PREFILLED PROPANE
EXCHANGE...19.99
• B&B 20-LB. LUMP CHARCOAL...12.99
499 99 OLD COUNTRY SMOKER

• Handcrafted, all-welded construction
• 20-in. x 35-in.
cooking chamber
• Commercial-grade
4999
temperature AUSSIE WALK-A-BOUT
gauge included CHARCOAL GRILL
• #OC-20X52 • 100% completely
pre-assembled
2999
• 332-sq. in. of
Select stores only. cooking area
• #4200
GINSU 14-PIECE BAKELITE
WITH BLACK HANDELS
Also available :
• 14-piece bakelite with natural handles...39.99
• WW WOOD FREE
• 11-piece stainless steel with bamboo block...49.99
® CAR SHADE
• 20-piece stainless steel with black block...69.99
COOKING LOGS...9.99
8 Right Stuff. Low Price. 01-11/27/2008 A001P1


EXHIBIT K
YOUR CHOICE YOUR CHOICE YOUR CHOICE
4499 4999 5999

KIDS’ BLADE RUNNER BOYS’ OR GIRLS’ KIDS’ HEELYS
DYNAMO HEELYS SKATE SHOES SKATE SHOES
IN-LINE SKATES • #7382 • #7383 • #7409 • #7416
• #00T81700774 FREE
CAR SHADE
• #00T01200.T87
BIKES
FREE assembly on bicycles
16-in. and above.
7999
YOUR CHOICE
64 99
YOUR CHOICE
4299 GIRLS’ OZONE 500

GIRL’S WORLD OR
FREE
CAR SHADE
GIRLS’ HUFFY
MISS BEHAVIN’
20-IN. BICYCLE
BOYS’ MAGNA POUNCE • Steel oversized
OR GIRLS’ MAGNA BOYS’ OZONE 500
curved frame
GIRL TALK PAIN KILLER • Front and rear
16-IN. BICYCLES 18-IN. BICYCLES caliper brakes, plus
• Steel frame • Heavy-duty steel frame coaster brakes
• Rear coaster brake • Three pads with graphics • Soft BMX PVC
• Reinforced training wheels • Removable training wheels hand grips
• Crossbar and • Quick-release • #23438
handlebar pads seat clamp
• Doubleguard for easy height
chain guard adjustment
• #8587-07, • Removable
8586-22 water
bottle
YOUTH BELL • #8508-35D, SCHWINN
HELMETS...13.99-48.99 8508-34 BICYCLE PUMPS...12.99-18.99
8999
YOUR CHOICE YOUR CHOICE
89
BOYS’ OR
99
BOYS’ OZONE 500 12999
FURIOUS 20-IN. BICYCLE MEN’S OR WOMEN’S
GIRLS’ HUFFY • Freestyle frame with rotor MONGOOSE MONTANA
ADIRONDAK • Front and rear calipers 26-IN. BICYCLES
24-IN. BICYCLES with alloy levers • Full 6061 aluminum-alloy
• 18-speed ENZO • Front and rear foot pegs MTB frame
twist shifting • Quick-release seat post • 21-speed Shimano®/
• Oversized • #8597-40C SRAM® shifting
steel • Element front shock
ATB frame • Alloy linear pull
• DX-2100 brakes and levers
ASR front- • #R4720Z, R4721Z
suspension
fork SCHWINN BICYCLE
MASTER LOCK HEADLIGHTS...
• #24678,
BICYCLE LOCKS...12.99-14.99 14.99-16.99
24668
10999 GRILLS AND MORE

29999
CHAR-GRILLER DUO COMBO GRILL
• 42,000-BTU three-burner gas cooking chamber,
and 24-in. charcoal cooking chamber
• 12,000-BTU side-burner and charcoal starter
OUTDOOR GOURMET TWO-BURNER
GAS COOKER CART
17999
• 1,246-sq. in. of cooking surface • Dual high-pressure burners with dual-control regulator OUTDOOR GOURMET THREE-BURNER STOVE
• Side fire-box adaptable • #OGDBC-01 WITH GRILL BOX
• #5050 • Three cast-iron burners; 90,000-BTU • 600-sq. in. of
total cooking area • Removable grill box
• Built-in
temperature
gauge
• #GR1017-
012224
34999
OUTDOOR GOURMET STAINLESS STEEL
44999
OKLAHOMA JOE’S LONGHORN SMOKER
FOUR-BURNER GAS GRILL WITH ROTISSERIE • Heavy-gauge steel construction • Over 900-sq. in.
• Four burners; cooking surface • Slide-out ash drawer • #06201348
48,000-BTU
• 12,000-BTU infrared Select
back and stores only.
side burners
• 669-sq. in. of
total cooking area
• Rotisserie kit included
• #GB8840
TIMBER CREEK CHAR-GRILLER CYCLONE PROPANE WW WOOD

COLLAPSIBLE SIDE FIRE-BOX...59.99 EXCHANGE...19.99 COOKING
ARMCHAIR...5.99 LOGS...9.99
PLAYCENTERS AND MORE

629 99 THE DAKOTA II PLAYCENTER BY
14999 ADVENTURE PLAYSETS

• All-cedar construction • Wood roof
• Two swings, rock wall ladder, slide,
STIGA
COMPETITION and much more • #35108
TABLE TENNIS
TABLE
Also available:
• Stiga Edge
Tennis Table...99.99
• Stiga “The Boss”
• Stiga Quickplay 3.0
STIGA TABLE TENNIS
ACCESSORIES...
• Stiga Eclipse Indoor/Outdoor
Tennis Table...399.99 1.49-18.99
19999 SPORTCRAFT JUMP ‘N’ KINGDOM

• Perfect for backyard fun with friends and family • Basketball hoop and ball
included • Three-minute quick-play setup • Includes: convenient storage bag
• #1-1-18-811
10 Right Stuff. Low Price. 01,20,37-10/19/2008 A001P1


EXHIBIT L
OWNER’S MANUAL
Duo model #5050
LP Gas & Charcoal Grill
Features:
•Porcelain Coated Cast Iron
•Stainless Steel Thermometers
•Chrome Plated Warming Racks
Gas Grill Features:
•40,800 BTU
•Stainless Steel Tube Burners
•12,000 BTU Side Burner
•Cast Brass Side Burner
•Electronic Igniters WARNING:
p p installation, adjustment,
Improper j alteration, service or
Ch
Charcoal
lGGrill
ill Features:
F t maintenance could cause injury or property damage
Read the installation, operation and maintenance
•Start charcoal with gas burner instructions thoroughly before assembling or servicing
this equipment.
Failure to follow these instructions could result in fire or
•Adjustable Height Charcoal Grate explosion that could cause property damage, personal
injury or death.
•Side Fire Box Optional
p for Texas
Style Smoking DANGER:
DO NOT use gas grill for indoor cooking or heating.
TOXIC fumes can accumulate and cause asphyxiation.
WARNING Do not use in or on boats or recreational vehicles.
!
For Outdoor Use Only (outside any enclosure)
PROP 65 WARNING:
Chemicals known to the state of California to cause
SAVE THESE INSTRUCTIONS FOR FUTURE
cancer birth defects or other reproductive harm are
cancer,
REFERENCE. IF YOU ARE ASSEMBLING THIS UNIT
created by the combustion of propane.
FOR SOMEONE ELSE, GIVE THIS MANUAL TO HIM
OR HER TO SAVE FOR FUTURE REFERENCE.
A propane gas cylinder is required for operation.
FOR CUSTOMER SERVICE, CALL 912-638-4724
This gas grill is not intended for commercial use.
™ & © 2006 Char-Griller / A&J Mfg.

!
DANGER
If you smell gas:

Shut off gas to the appliance.
Extinguish any open flame.
Open Lid.
If odor
d continues,
i keep
k away from
f the
h appliance
li
and immediately call your gas supplier or your fire
department.
!
WARNING
1. Do not store or use gasoline or other flammable

liquids or vapors in the vicinity of this or any
other appliance.
pp
2. An LP cylinder not connected for use shall not be

stored in the vicinity of this or any other
appliance.
page 2
Table of Contents
Important Safety Information.………………………..page 4 - 5
Illustrated Parts List……………………………..…..page 6 – 8

Tools Required,
q p and Hardware List..…..page
, Assemblyy Tips p g 9
Assembly Instructions……………………………....page 10 – 18
Operating Grill
Connecting Gas Cylinder……………………….page 19
Checking for Leaks……………………………...page 19
Lighting Grill…...…………………………………page 20
Cleaning and Care………………………………page 21
Gas Grill Troubleshooting……………………………page 22 - 23
Grill Preparation………………………………………page 24
Recipes……………………………………………..….page 25 - 27
Accessories…………………………………………….page 28 - 29
page 3
Duo model # 5050 Owner’s Manual
WARNING
FOR YOUR SAFETY
1. DO NOT store or use gasoline or any other flammable vapors and liquids within 25 feet (8m) of this or any other
appliance.
2. When cooking with oil/grease, do not allow the oil/grease to exceed 350˚F (177˚C). Do not store of use extra
cooking oil in the vicinity of this or any other appliance.
3. An LP Cylinder not connected for use should be stored a minimum of 10 feet (3m) away from this or any other
appliance. Never fill the cylinder beyond 80 percent full. If the above information not followed exactly, a fire causing
death or serious injury may occur.
occur
4. If you smell gas:
- Shut Off gas to the grill. - Extinguish any open flame.
- Open Lid. - If odor continues, immediately call your gas supplier or fire department.
For Your Safety
Stop! Call us first! Do Not return product to store. This grill has been made to high quality standards. If you have
any questions not addressed in this manual or if you need parts please call our customer service department at 1-
912-638-4724 ((USA), ) Monday-Friday
y y 9am-5pmp ((EST). )
NOTE: The use and installation of this product must conform to local codes. In absence of local codes, use the National
Fuel Gas Code, ANSI Z223.1/NFPA 54, Natural Gas and Propane Installation Code CSA B149.1, or Propane
Storage and Handling Code, B149.2, or the Standard for Recreational Vehicles, ANSI A119.2/NFPA 1192, and
CSA Z240 RV Series, Recreational Vehicle Code, as applicable.
Minimum distance from sides and back of unit to walls or railings is 36 inches (914mm).
Do not use under overhead construction. This appliance not intended for commercial use.
Do not locate this outdoor cooking appliance under overhead unprotected combustible surface.
For Outdoor Use Only, If Store Indoors, Detach and Leave Cylinder Outdoors.
IMPORTANT NOTICE: read all instructions prior to assembly and use.
Read and understand all warnings and precautions prior to operating your grill.
CAUTION
1. This grill is for use with propane gas only (propane gas cylinder not included).
2. Never attempt to attach this grill to the self-contained propane system of a camper trailer, motor
home or house.
3. Never use charcoal or lighter fluid with the gas grill.
4. Do not use gasoline, kerosene or alcohol for lighting. The LP-gas supply cylinder must be
constructed and marked in accordance with the specifications for propane gas cylinders of the
U S Department of Transportation (DOT) CFR 49 or the National Standard of Canada
U.S. Canada,
CAN/CSA B339, Cylinders, Spheres and Tubes for Transportation of Dangerous Goods; and
Commission, as applicable. This grill is not intended to be used in or installed on recreation
vehicles and/or boats..
5. Do not attempt to move the grill while it is lit.
6. Do not use the grill unless it is completely assembled and all parts are securely fastened and
ti ht
tightened.
d
page 4
7. Do not use in an explosive atmosphere. Keep grill area clear and free from combustible
materials, gasoline and other flammable vapors and liquids.
8. Do not touch metal parts of grill until it has completely cooled (about 45 minutes) to avoid burns,
unless you are wearing protective gear (BBQ mittens, pot holders, etc.)
9. Do not alter this grill in any manner.
10. Clean and inspect the hose before each use. If there is evidence of abrasion, wear, cuts, or
leaks, the hose must be replaced prior to operating the appliance. The replacement hose
assembly will be that which is specified by the manufacturer.
• Move gas hoses as far away as possible from hot surfaces and dripping hot grease.
• N
Never kkeep a fill
filled
d container
t i iin a h
hott car or car ttrunk.
k HHeatt will
ill cause the
th gas pressure tto
increase, which may open the relief valve and allow gas to escape.
• Keep the grill’s valve compartment, burners and circulating air passages clean. Inspect the grill
before each use.
WARNING
1. This grill is for outside use only, and should not be used in a building, garage or any other
enclosed area.
2. The use of alcohol, prescription or non-prescription drugs may impair the operator’s ability to
properly assemble or safely operate the grill.
3. Always open grill lid slowly and carefully as heat and steam trapped within the grill can burn you
severely
severely.
4. Always place your grill on a hard, level surface far away from combustibles. An asphalt or
blacktop surface may not be acceptable for this purpose.
5. Do not leave a lit grill unattended. Keep children and pets away from the grill at all times.
6. Do not place this grill on any type of tabletop surface.
7
7. Do not use the grill in high winds
winds.
DANGER
Liquid propane (LP) gas is flammable and hazardous if handled improperly. Know its characteristics
before using any propane product.
• Propane Characteristics: Flammable, explosive under pressure, heavier than air and settles in
pools and low areas.
• In its natural state, propane has no odor. For your safety, an odorant has been added.
• Contact with propane can cause freeze burns to skin.
• This grill is shipped from the factory for propane gas use only.
• Never use a propane cylinder with a damaged body, valve, collar or footing.
• Dented or rusted propane cylinders may be hazardous and should be checked by your propane
gas supplier.
page 5
ILLUSTRATED PARTS LIST:

1. GAS GRILL HOOD…....1PC 2. GAS GRILL BODY……...1PC 3. GAS CHIMNEY……..2PCS
4. THERMOMETER……2 PCS 5. HOOD HANDLE……..2 SETS 6.WARMING.RACK…..2PCS
7. BURNER (with shorter wire)..2PCS 8. BURNER (with longer wire)…1PC 9. FLAME SHIELD…..3PCS
10. CHARCOAL HOOD…1PC 11. CHARCOAL BODY….1PC 12.CHARCOAL CHIMNEY...1PC
page 6 ™ & © 2006 Char-Griller / A&J Mfg.

13.FIRE GRATE HANGER..2PCS 14. FIRE GRATE/ASH PAN..1PC 15. SIDE DAMPER…....1PC
16.SIDE HANDLE………...1PC 17.CONDIMENT BASKET….1PC 18. POT STAND.…………1PC
19. SIDE BURNER / CONTROL 20. ‘S’ HOOK……..…….3PCS 21. GREASE TRAY……2PCS
PANEL / HOSE & VALVE….1SET
22. CATCH PAN……..…..1PC 23. LEG CROSS BAR….2PCS 24. LEFT LEG..…….…..2PCS
page 7
25. RIGHT LEG……..…2PCS 26. LEG BRACE….…….2PCS 27. BOTTOM SHELF……1PC
28. BASE…………………1PC 29. WHEEL……………..2PCS 30. AXEL………………….1PC
31. AXEL CAP………....2PCS 32. COOKING GRATE...6PCS 33. GRATE HOOK….....1PC
Go to next page for

G f
the Hardware List
and Assembly Tips.
page 8
Assembly: Requires 2 people. Get another person to help.

Tools Needed: Pliers, Phillips Head Screwdriver and a 7/16” Nut Driver.
NOTE: Do Not tighten any bolts unless instructed to do so. Tightening too soon may prohibit
parts from fitting together. All Hex Nuts should be on the inside of the grill unless stated
otherwise. Unpack all contents in a well cleared and padded area.
Estimated Assembly Time: 45 minutes
STOP! Do Not Return to Store. If you are missing parts or need assistance please email us at
info@chargriller.com or call 912-638-4724. Do not attempt assembly if you are missing parts.
HARDWARE:
¼-20x 1 ½” BOLT……8 PCS
¼-20x1/2” BOLT….... 43 PCS
SCREW……………….3 PCS
¼” FLAT WASHER…10 PCS
¼-20 HEX NUT……..19

NUT 19 PCS
¼” LOCK WASHER…35 PCS
HINGE PINS………..2 PCS
HAIR COTTER PIN….3 PCS
CENTER HINGE PIN…1 PC
page 9
Step 1
Attach the LEFT LEGS & RIGHT LEGS to the BASE using four (4) ½” BOLTS and four (4) ¼”
LOCK WASHERS as shown. When yyou install the LEFT LEG & RIGHT LEG,, please
p make sure
that the holes at the top of the LEGS are facing out.
Lock Washer
Legs with
Axle Holes
Step 2
Attach the LEG CROSSBAR to the frame as shown making sure that the holes on the CROSSBAR
are facing inward. See below.
Step 3
x
Attach BOTTOM SHELF to the LEGS (as shown below).
page 10
Step 4
Install the LEG BRACES to the LEGS using eight (8) LOCK WASHERS and eight (8) ½” BOLTS as
shown. Remember to NOT tighten the bolts until completing step 6.
3 2
Step 5
Push one AXLE CAP onto the AXLE then slide the AXLE through WHEELS and legs as shown.
Then turn cart/leg assembly on back side and push second AXLE CAP onto AXLE.
Decorative part of axle.
AXLE
Do NOT push AXLE CAP more

Make sure WHEEL after the CAP fully covers
hub/protrusion is touching leg. decorative part of AXLE
AXLE CAP
Step 6
Attach the GAS GRILL BODY and CHARCOAL GRILL BODY to the LEG CROSSBAR using eight (8)
LOCK WASHERS, eight (8) ½” BOLTS and eight (8) FLAT WASHERS in order shown. Make sure to
insert the bolt first through the lock washer then the flat washer then through the grill body as shown.
3 4 3 4
1 2 1 2
Turn grill assembly up on end as shown

and tighten ALL nuts and bolts.
page 11
Step 7
Attach the CATCH PAN to the underside of the GRILL BODIES using two (2) ½” BOLTS as
shown. Insert the BOLTS down through the GRILL BODY and then screw into the CATCH
PAN. Make sure that the side of the catch pan marked “Wheel Side” is on the side of the grill
with the wheels. From the rear of the grill, slide the GREASE TRAY into the guides/rails under
the CATCH PAN.
CORRECT
X
WRONG
Step 8
Install the SIDE BURNER and the CONTROL PANEL to the firebox. Attach with eight (8) ½”
BOLTS and eight (8) LOCK WASHERS. From inside the GAS GRILL BODY the BOLTS will first
go through
g g the Lock Washers then GRILL BODY and then screw into the SIDE BURNER
or CONTROL PANEL. See Figures below.
X
WRONG
HOSE
LOCATION
Note: the hose should be on

the outside of the leg brace.
Lock Washer
page 12
Step 9
Install the BURNERS into the GAS GRILL BODY by first inserting the open end of the BURNERS
through the holes directly behind the CONTROL PANEL and then onto the VALVE tip. Make sure
the valve tip is completely inside the hole on the end of the BURNER. Install the BURNER with
the long wire on the right side of the GAS GRILL BODY. Secure the other end of the BURNER
to the GAS GRILL BODY with the SCREW provided. Again, make sure the VALVE tip is completely
inside the hole on the end of the BURNER. Now, completely tighten the CONTROL PANEL making
sure the Valve tip stays inside the burner tube.
Valve
Burner
Step 10
Insert the IGNITER WIRES, which are attached to the underside of each BURNER, through
the same hole in the GRILL BODY that the BURNER goes through and then attach the WIRE
to the backside of the ELECTRONIC IGNITER, which is attached to the back side of the
CONTROL PANEL. Any wire can go into any of the three sockets on the Electronic Igniter.
Burner
Igniter Wire Electronic Igniter
Step 11
Install the CONDIMENT BASKET to the CHARCOAL GRILL BODY using four (4) LOCK
WASHERS and four (4) ½” BOLTS. From inside the GRILL BODY the BOLTS go through a
LOCK WASHER and then through the GRILL BODY and then screw into the CONDIMENT
BASKET.
Bolts and Lock Washers
Condiment Basket
page 13
Step 12
Install the SIDE DAMPER to the CHARCOAL GRILL BODY using one (1) ½” BOLT. The
BOLT should first go through a FLAT WASHER then the DAMPER then the GRILL BODY
then another FLAT WAHSER then a LOCK WASHER and then secured with a HEX NUT.
See below
below.
Damper
Nut
L kW
Lock Washer
h
Flat Washer
Bolt
Step 13
Attach the SIDE HANDLE to the right side of the CHARCOAL GRILL BODY using two (2) ½”
BOLTS and two (2) LOCK WASHERS as shown. From inside the GRILL BODY insert each
BOLT through a LOCK WASHER and then through the GRILL BODY and then screw into
the SIDE HANDLE. See below.
Lock Washer
Step 14
Attach the HOOD HANDLES to the GRILL HOODS with four (4) LOCK WASHERS and four (4)
WING NUTS as shown below.
Lock Washer
page 14
Step 15
Install the GAS CHIMNEY to the GAS GRILL HOOD and the CHARCOAL CHIMNEY to the
CHARCOAL GRILL HOOD. Insert the CHIMNEYS through each hole from inside the
HOOD and secure with two (2) HEX NUTS and two (2) ½” BOLTS for each CHIMNEY, see
below.
Step 16
Insert the THERMOMETERS into the GRILL HOODS and secure with two (2) WING NUTS as shown.
Step 17
Attach HOODS
OO S to the GRILL
G BODIES
O S using HINGE
G PINS S as shown. Have your helper stand behind the
grill to hold the HOODS in place and keep them from falling. First place the GAS HOOD onto the GRILL
BODY in the closed position then screw the left HINGE PIN into place. Then place the Charcoal HOOD
in place and screw in the right HINGE PIN. Carefully and slightly open the Charcoal HOOD and insert
the center HINGE PIN from inside the charcoal grill through the HOOD then through the Gas HOOD
and Body as shown. Then insert COTTER PINS through the holes in the three HINGE PINS.
Center Hinge Pin

Hinge Pin

Step 18
Before attaching WARMING RACKS you must attach the warming rack pivot BOLTS to the
GRILL HOOD and BODY. Insert the 1½” BOLTS through the holes in the sides of the HOODS
from the outside and tighten the HEX NUTS on the inside of the HOODS. Insert the 1½”
BOLTS thro
through
gh the holes in the sides of the GRILL BODIES from the o
outside
tside and tighten the
HEX NUTS on the inside of the GRILL BODIES. Now, you can attach the warming racks to
these bolts as shown below and secure with HEX NUTS only finger tight.
Step 19
Set the POT STAND in place over the SIDE BURNER. Next install the three (3) FLAME
SHIELDS over the BURNER TUBES then hang the FIRE GRATE/ ASH PAN from the FIRE
GRATE HANGERS on the catch tabs that are welded to the inside of the CHARCOAL GRILL
BODY sides.
Fire Grate Hangers
Fire Grate/Ash Pan
Pot Stand
Flame Shields
Step 20
Install the COOKING GRATES.
Cooking Grates
page 16
Step 21
Slide the GREASE TRAY into place on the guide rails under the Side Burner as shown below.
Insure that the GREASE TRAY is centered under the burner.
Side Burner
Housing
Grease Tray
Step 22
1. Place a standard 20 lb. Type 1 LP gas cylinder (see below, not included) into the cart assembly
and connect the cylinder with the gas hose/regulator as shown. (See page 19 for further
instructions).
2. Turn the Screw on the left side of the base panel clockwise to secure the standard 20 lb. LP
gas cylinder.
NOTE: Hose must go

under and to the outside
of the leg brace.
Screw
Purging using a type 1 connection:

L.P. Gas cylinder evacuation can be accomplished during each purging by using a Type 1
connection. The Type 1 valve outlet has an external 1 5/16” ACME right hand tread which
will accept this connection.
page 17
Step 24
Install Igniter battery by turning the Igniter push button cap counter-clockwise until the igniter button
detaches, then install a AA battery making sure the positive(+) end is under the push button. Then
re-attach the igniter button by turning it clockwise. Press the igniter button and make sure all 3
igniters that are attached to the burner tubes are creating a spark.
Step 25
Tighten ALL BOLTS and NUTS.
Fully Assembled
Caution: Use only the regulator provided!

If a replacement is necessary, please call our customer service department, 912-638-4724. Do NOT use
replacement parts that are not intended for this grill.
Hint: The paper label that is affixed to the hood is more easily removed when the hood is warm. Any
remaining glue residue can be cleaned off with a spray lubricant like WD-40 . Do NOT use any other type of
solvent or cleaner because this will damage the finish/paint/coating on the grill.
page 18
Connecting Gas Cylinder:
The propane gas supply cylinder to be used must be constructed and marked in accordance with the
Specifications for propane gas Cylinders of the U.S. Department of Transportation (DOT), or the National
Standard of Canada, CAN/CSA B339, Cylinders, Spheres and Tubes for Transportation of Dangerous Goods;
and Commission, as applicable. Only cylinders with a listed overfill prevention device (OPD) and marked
“propane” may be used. Cylinders with an OPD will have valve handles with three “lobes” (prongs). Only use
20-pound cylinders equipped with a Type 1 cylinder connection device for outdoor cooking appliances. The
cylinder must include a collar to protect the cylinder valve. The gas cylinder should not be dropped or handled
roughly! If the appliance is not in use, the gas cylinder must be disconnected. Storage of an appliance indoors
is permissible ONLY if the cylinder is disconnected and removed from the appliance. Cylinders must be stored
outdoors out of the reach of children and must not be stored in a building, garage or any other enclosed area.
Your cylinder must never be stored where temperatures can reach over 125 F. Before connection, be sure that
there is no debris caught in the head of the gas cylinder
cylinder, head of the regulator valve or in the head of the burner
and burner ports. Connect regulator valve and hand-tighten firmly. Disconnect the propane cylinder from the
regulator valve when the grill is not in use. DO NOT obstruct the flow of combustion air and ventilation air to the
grill. The propane cylinder must be arranged for vapor withdrawal and equipped with a listed overfilling
prevention device. For proper vapor withdrawal, the cylinder should be used in the proper upright position (refer
to illustration under step 22 of page 17).
DANGER
Never store a spare propane cylinder near this grill. A fire causing death or serious injury may occur if the
above is not followed exactly.
Stand in front of the

grill to operate the
controls.
X
Note: Before starting the grill, check for leaks. Make sure the regulator valve is securely fastened to
the burner and the cylinder.
To prevent fire or explosion hazard when testing for a leak:
1. Alwaysy perform
p the “leak test” as described below before lighting
g g the g
grill or
each time the cylinder is connected for use.
2. Do not smoke or allow other sources of ignition in the area while conducting a leak
test.
3. Conduct leak test outdoors in a well-ventilated area.
4. Do not use matches, lighters or a flame to check for leaks.
5. Do not use grill until any and all leaks are corrected. If you are unable to stop a leak,
disconnect the propane supply. Call a gas appliance serviceman or your local propane gas supplier.
To Perform a Leak Test:

Make a 2-3 oz (0-90ml.) of leak solution by mixing one part liquid dishwashing soap with three parts water in
a spray bottle.
Note: Make sure control knobs are off.
Spray solution on the tank valve to regulator connection, the “Y” joint in the hose, the connection to the
manifold behind the main control panel, and the connection to the side burner valve.
p
Inspect the solution at the connection looking
g for bubbles. If NO bubbles appear,
pp the connection is secure.
If bubbles appear, you have a leak.
Check the regulator connection as follows:
Disconnect regulator from the tank and reconnect, making sure the connection is secure.
Retest with solution. If you continue to see bubbles, replace the cylinder.

Lighting Your Grill
Danger: Failure to open hood while igniting the grill or not waiting 5 minutes to allow the gas to clear if the grill does
not light, may result in an explosive flare-up which can cause serious bodily injury or death.
Before cooking on this grill for the first time, operate the grill for about 15 minutes with the lid closed and the
gas turned on “high.” This will “heat clean” the internal parts and dissipate odor from the manufacturing
processes andd painted
i t d fifinish.
i h
Main Burners
1. Always open the lid before lighting the grill.
Attempting to light the burner with the lid closed may cause an explosion!
2. Make sure there are no obstructions of airflow to the gas unit. Spiders and insects can
nest within and clog the burner/venturi tube at the orifice. A clogged burner tube can
lead to a fire beneath the appliance.
3. Make sure all burner knobs are in the OFF position.
4. Open the valve on the LP gas cylinder.
5. Ignite only the burners you desire to use, using the same method for each: Push in
desired burner knob fully and rotate slowly about ¼ turn counter-clockwise to
“HIGH”. If the burner does not light immediately, return the knob to OFF, wait
Five minutes for the gas to clear and repeat the procedure. After the burner ignites,
repeat the same procedure with any other burner desired.
6. Adjust knob(s) to desired cooking setting.
After lighting,
lighting observe the burner flame,
flame make sure all burner ports are lit
lit.
If burner flame goes out during operation, immediately turn the gas “off” at the control panel and at the gas
cylinder and open hood/lid to let the gas clear for about 5 minutes before re-lighting.
Clean your grill after each use, DO NOT use abrasive or flammable cleaners, as it will damage the parts of
this product and may start a fire.
Side Burner
1. Open lid during lighting. Lid must be open when burner is on.
OFF
2. Burner valves must be in the “off” position.
3 O
3. Open cylinder
li d valve.
l
4. Push in side burner valve knob fully and rotate slowly about ¼ turn counter-clockwise
until a click is heard. If the burner does not light, immediately turn the valve knob to OFF.
Wait 5 minutes for the gas to clear and repeat the procedure.
5. After burner ignites, adjust valve knob to desired cooking setting. HI
Shutting Off Burners:
1. Always turn the valve knob(s) clockwise to the HI position, then push in and turn
p
to OFF. Never force the knob without depressing g it as this can damage
g the valve.
2. Promptly turn the gas supply OFF at the propane cylinder.
3. Close the lid of the grill. LOW
Lighting Burner With a Match:
Cooking Grate
1. Place a match in the end of the match holder that is installed on the side of
Grill Housing. Once lit, immediately place the flame through the cooking
grates as shown near the burner ports.
2. Press in knob and rotate counter-clockwise to the High setting and burner Cooking Grate
should light immediately
immediately.
3. Adjust burners to desired cooking settings.
Observe Flame Height When Lit:
Flame should be a Blue / Yellow color.
To visually check that the burner is operating, look at the burner flame through
the flame viewing hole. The flame should be approximately 1/2-3/4 inch long
with the high setting.
Chain
Match Holder
Burner Ports
page 20
Cleaning and Care
Caution:
All cleaning and maintenance should be done when grill is cool and with the gas supply turned off at
the propane cylinder.
DO NOT clean any grill part in a self cleaning oven
oven. The extreme heat will damage the finish
finish.
Cleaning
Burning-off the grill after every use (approx. 15 minutes) will keep excessive food residue from
building up.
Recommended cleaning materials:
- Mild dishwashing liquid detergent - Hot water
- Nylon cleaning pad - Wire brush
DO NOT use cleaners that contain acid, mineral spirits or xylene.
Outside surfaces –
Use a mild dishwashing detergent and hot water solution to clean, then rinse with water.
If the inside surface of the grill lid has the appearance of peeling paint, baked on grease buildup has
turned to carbon and is flaking off. Clean thoroughly with strong solution of detergent and hot
water.
Rinse with water and allow to completely dry.
Interior of grill bottom – Remove residue using brush, scraper and/or cleaning pad, then wash with
dishwashing detergent and hot water solution. Rinse with water and let thoroughly dry.
Cooking Grids – The porcelain grates have a glass-like composition that should be handled with care
not to chip
chip. Use mild dishwashing detergent or baking soda and hot water solution
solution. Non
abrasive scouring powder can be used on stubborn stains, then rinse with water.
Heat Shield – Clean residue with wire brush and wash with soapy water. Then rinse with water.
Grease collector – Periodically empty the grease cup and clean with dishwashing detergent and hot
water solution.
Cleaning the burner assembly
1. Turn gas off at the control knobs and propane tank
2. Remove cooking grates and heat shield.
3. Remove grease collector.
4. Remove burner by unscrewing nut from beneath burner “foot” using a screwdriver and pliers.
5. Lift burner up and away from gas valve orifice.
6. Clean inlet (venturi) of burner with small bottle brush or compressed air.
7. Remove all food residue and dirt on outside of burner surface.
8. Clean any clogged ports with a stiff wire (such as an opened paper clip)
9. Inspect burner for any damage (cracks or holes). If damage is found, replace with new burner.
Reinstall burner; check to insure that gas valve orifices are correctly positioned inside burner
inlet (venturi). Also check position of spark electrode.
Spark Electrode Burner
page 21
Gas Grill Troubleshooting
Problem Possible Cause Prevention/Cure .
Burner will not light Wires/or electrode covered Clean wire and/or electrode, with rubbing
using knobs. with cooking residue. alcohol.
Electrode and burners are Wipe dry with cloth

wet.
Electrode cracked or broken Replace electrode

- sparks at crack
Wire loose or disconnected Reconnect wire or replace electrode/wire

assembly.
assembly
Burner will not light No gas flow. Check if propane tank is empty. If
with match. propane tank is not empty, refer to
“Sudden drop in gas flow or reduced
flame height”. If empty, replace or refill.
Coupling
C li nutt and
d regulator
l t Turn the
T th coupling
li nutt about
b t one-half
h lf fully
f ll
not connected. connected to three quarters additional
turn until solid stop. Tighten by hand
only – do not use tools.
Obstruction of gas flow. Clear burner tubes.

Check for bent or kinked hose.
Dis-engagement of burner Re-engage burner and valve.

to valve.
Spider webs or insect nest Clean venturi.

in venture (burner insert).
Burner ports clogged or Clean burner ports.

blocked.
Sudden drop in gas Out of gas Change Propane Tank

flow or reduced flame
height. Excess flow safety device Turn off knobs, wait 30 seconds and light
may have been activated. grill. If flames are still too low. Reset the
excessive flow safety device by turning off
knobs and propane tank valve.
valve Disconnect
regulator. Turn burner control knobs to
HIGH. Wait 1 minute. Turn burner control
knobs off. Reconnect regulator and leak
check connections. Turn propane tank valve
on slowly, wait 30 seconds and then light
grill.
Irregular flame Burner ports are clogged or Clean burner ports

pattern, flame does blocked.
not run the full length
of burner.
page 22
Gas Grill Troubleshooting, continued
Problem Possible Cause Prevention/Cure

Flame is yellow or New burner may have Burn grill for 15 minutes with the lid
orange. residual Manufacturing oils. closed.
Spider webs or insect nest Clean venturi.

in venturi.
Food residue, grease or Clean burner.

seasoning salt on butter.
Poor alignment of valve to Assure burner venturi is properly

burner venturi. engaged with valve.
Flame blows out High or gusting winds Turn front of grill to face wind or increase
flame height. (We recommend not using
ggrill duringg high
g winds))
Low gas pressure Change Propane Tank
Excess flow valve tripped Refer to “Sudden drop in gas flow or

reduced flame height”
Flare-upp Grease buildupp Clean ggrill
Excessive fat in meat Trim fat meat before grilling
Excessive cooking Adjust (lower) temperature accordingly

Temperature
Persistent ggrease fire Grease trapped

pp byy food Turn knobs to OFF. Turn ggas off.
buildup around burner
system.
Leave lid in closed position and let fire
burn out. After grill cools, remove and
clean all parts.
Flashback (fire in Burner and/or burner tubes Clean burner and/or burner tubes.
burner tube(s))
Inside of lid appears Baked on grease buildup Clean thoroughly. The lid is stainless
inside of lid thoroughly. The lid
to be peeling has turned to carbon and is steel,
is not itpainted
is not painted.
on the inside.
- like paint peeling flaking off.
page 23
GRILL PREPARATION & CHARCOAL GRILL OPERATING INSTRUCTIONS
PLEASE NOTE: NO RETURNS ON USED GRILLS
Read all safety warnings and instructions carefully before assembling and operating your grill.
1. Note: The interior of the grills are not painted and are coated with vegetable oil. Do not remove this
vegetable oil coating.
coating Gas and Charcoal Grill: Cure GRILLS prior to your initial use to protect the interior and
exterior finish and to prevent unnatural flavors to your first meals. (A) Lightly coat ALL INTERIOR SURFACES
(including GRILLS, GRATES, AND INSIDE OF BARREL) with vegetable oil (spray vegetable oil is easiest but
do not use near hot coals, fire, or flame). This is in addition to the vegetable oil that is already on the interior.
(B) Charcoal Grill: Build a medium sized fire on the fire grate. (C) Charcoal Grill: After coals ash over, spread
out coals, replace cooking grates. Gas and Charcoal Grill: close lid and heat at approximately 250˚F (120˚C) for
two hours. You can lightly coat the exterior of both grill bodies (while warm) with vegetable oil and wipe off
excess with a rag.g This will extend the life of the finish,, much like waxing
g a car. Your GRILLS will then be
ready for use. NOTE: Grills will drip a lot of oil during this process and for several uses but will slow over time.
NEVER EXCEED 450˚F (230˚C) BECAUSE THIS WILL DAMAGE THE FINISH AND CONTRIBUTE TO RUST. PAINT
IS NOT WARRANTED AND WILL REQUIRE TOUCH-UP. THIS UNIT IS NOT WARRANTED AGAINST RUST.
2. Charcoal Grill: To START FIRE –stack 50-60 briquettes in pyramid and saturate with lighter fluid (DON’T
USE GASOLINE). Light coals in several places, close lid after briquettes ash over or gray, spread them out and
start cooking. If one end burns faster, use tongs to move coals from one end to the other for even heat.
ALWAYS FOLLOW CHARCOAL AND LIGHTER FLUID MANUFACTURERS
MANUFACTURERS’ INSTRUCTIONS AND WARNINGS.
WARNINGS
USE OUTDOORS ONLY ON NONCOMBUSTIBLE SURFACE – 15’ AWAY FROM WOOD AND COMBUSTIBLE MATERIAL.
3. Charcoal Grill: Control heat with amount and type of FUEL, DUAL DAMPERS and ADJUSTABLE FIRE
GRATE. Adjust GRATE one end at a time. Wood burns hotter than coals. More airflow is more heat.
4. For less flare-ups, cook with lid in the down position.
5 Charcoal
5. Ch l Grill:
G ill Add water
t soaked
k dhhardwood
d d chips
hi ffor a smoked
k d flflavor.
6. Charcoal Grill: Burn out may be rust out. Ashes left in bottom too long hold moisture and rust through any
thickness of steel.
7. This grill is made of steel and cast iron, which WILL RUST, ESPECIALLY IF NOT PROPERLY CARED FOR.
8. Charcoal Grill: Do not use self-starting

g charcoal as it will g
give unnatural flavor. Burn lighter
g fluid completely
p y
before closing lid.
9. After using, coat vegetable oil on bare metal while warm to reduce rust. On the EXTERIOR, remove rust
with wire brush and touch up with a high heat paint, available at most hardware/auto stores.
10. Make sure to empty Grease Tray after every use only after it has completely cooled.
11. HEAT GAUGES may obtain

11 bt i moisture,
i t which
hi h will
ill steam
t outt during
d i cooking.
ki Gauge
G may be
b calibrated
lib t d in
i
oven.
12. You may fill unwanted holes with Nuts & Bolts (Not Provided).
NOTE: Smoke will escape from areas other than the smokestacks. This will not affect your cooking.
page 24
GRILLING RECIPES
DIRECT METHOD
STEAK (& ALL MEATS): Cook food directly above coals/heat. Generally speaking, to grill meats, raise fire
grate to high position (hot) and sear for one minute on each side with the lid open to seal in flavor
and juices. Then lower fire grate to medium position with lid closed and cook to desire doneness.
Control heat with dual dampers and adjustable fire grate
grate.
BETTER BARBECUE: Place grilled meat back in the marinade for several minutes before
serving – it will become tastier and juicier. CAUTION: Boil extra marinade first to kill bacteria
remaining from the raw meat.
Tip: Cooking with a MEAT THERMOMETER ensures food is fully cooked. Insert into thickest part not
touching bone & allow five minutes to register. Internal temperatures for BIRDS should be 170F to 180F
and meat should be 140F for rare, 160F medium and 170F for well done.
MARINATED FLANK STEAK: Mix marinade ingredients in nonmetal dish dish. Let steak stand in marinade for
no less than 4 hours in refrigerator. Brown each side for 5 minutes, but center should remain rare. Cut
steak diagonally across the grain into thin slices before serving. Grill with fire grate in high (hot) position
with lid open or closed.
MARINADE: 1/2 cup vegetable or olive oil, 1/3 cup soy sauce, 1/4 cup red wine vinegar, 2 tbs. Lemon juice,
1 tsp. Dry mustard, 1 minced clove garlic, 1 small minced onion, 1/4 tsp pepper.
QUAIL OR DOVES: Cover birds in Italian dressing (Good Seasons or Kraft Zesty), marinate overnight, pour off
dressing and cover with Texas Pete Hot Sauce for 6 hours. Wrap birds in thick bacon secured by a toothpick. *Place
on grill
ill – keep
k turning
t i until
til b
bacon iis bl
black.
k GGrill
ill ffor 20 minutes.
i t S
Sear with
ith lid open and
d fifire grate
t iin hi
high
h (h
(hot)
t) position
iti
for 1 min each side before lowering grate and closing lid. *OR SMOKE by placing birds in center of GRID with fire in
both ends of FIRE BOX.
KABOBS: Alternating on skewers any combination of meat, onions, tomatoes, green peppers, mushrooms, zucchini,
circular slice of corn-on-the-cob, or pineapple. Meat could consist of chunks of shrimp, scallops, lobster, chicken,
sausage, pork, beef, etc.
Marinate the meat in refrigerator for several hours. Grill each side approximately 7 minutes turning occasionally while
basting with marinade. Leave a small amount of room between pieces in order to cook faster. Grill with lid up and
the fire grate in the lowest position. See marinade recipe on last page.
KABOB MARINADE: Mix 1 cup soy sauce, 1/2 cup brown sugar, 1/2 cup vinegar, 1/2 cup pineapple juice, 2 teaspoons
salt, 1/2 teaspoon garlic powder and bring to a boil. Marinate beef in mixture a minimum of 4 hours.
HOT DOGS: Grill with lid up and fire grate in high (hot) position for approximately 6 minutes, turn every few minutes.
HAMBURGERS: Mix in chopped onions, green peppers, salt, sear 3/4 inch patties on each side with fire grate in high
position for a few minutes. Lower fire grate to medium position and grill with lid down to avoid flare-ups. Cook each
side 3 to 7 minutes according to desired doneness. Cook ground meat to 150 internally or until juice runs clear (free of
bl d) ffor prevention
blood) ti off E
E-coli.
li
Burgers can be basted with marinade when turning and/or other ingredients can be mixed in with the ground beef such
as chili sauce or powder; or you may marinate by allowing to stand in marinade for 1 or 2 hours at room temperature
before cooking; or let stand in covered dish in refrigerator up to 24 hours. Bring to room temperature before cooking.
See meat marinade on page 9.
SHRIMP (Peeled) & Crayfish: Place on skewers, coat with melted butter and garlic salt. Grill 4 minutes on each side
or until pink. Cocktail sauce optional.
POTATOES: Rub
BAKED POTATOES R b with
ith butter
b tt and
d wrap in
i foil
f il and
d cookk on grill
ill with
ith lid down
d for
f 50 minutes.
i t T
Turn after
ft 25
minutes (no need to turn if smoked). Squeeze for doneness.
SWEET CORN IN HUSKS: Trim excess silk from end and soak in cold salted water 1 hour before grilling. Grill 25
minutes – turning several times.
SWEET CORN IN FOIL: Husk and wash. Rub with butter and season with salt and pepper. Wrap each ear in foil
and grill for 30 minutes turning several times (no need to turn if smoked).
GRILLED VEGETABLES: Slice 1/4" thick and soak in olive oil prior to grilling to prevent burning.
G ill ffor 9 minutes
Grill i t each
h side.
id
page 25
Case 4:14-cv-02043
SMOKIN’ RECIPES Document
using the Charcoal Grill side1-15 Filed
of the Duo inaTXSD
with onPAN
WATER 07/17/14 Page
(also called 27 of 30
INDIRECT METHOD).
Pan not included. Disposable bread pan is recommended. SMOKE BY COOKING SLOWLY (See chart on page 27 for
smoking times). 1) Place water/drip pan on left side of fire grate. 2) Place hot coals on right side (damper end) of fire grate.
The charcoal basket accessory helps confine coals to one side. 3) Place meat above water pan. 4) Place fire grate in low
position. 5) Close lid & control heat with dampers & adjustable grate.
You may want to sear certain foods before smoking by placing meat directly above coals with LID open and FIRE GRATE in
high (hot) position for several minutes. Add flavor soaked wood chips to the fire and add 1 part marinade, beer or wine to 3
parts water to the drip pan. OPENING THE SMOKING CHAMBER WILL EXTEND COOKING TIME. Cooking with meat
thermometer ensures food is fully cooked. Insert thermometer into thickest part not touching bone, and allow five minutes to
register. Internal temperature for birds should be 170F to 180F or when leg moves easily in joint. Meat should be cooked to
internal temperature of 140F for rate, 160F for medium and 170F for well done. Check the water level when cooking more
than 4 hours or when you can’t hear the water simmering. Add water by moving meat over and pouring water through GRILL
into WATER PAN. IF THE SMOKE IS WHITE, THE FIRE’S RIGHT. IF THE SMOKE IS BLACK, ADD SOME DRAFT.
SMOKED TURKEY: Empty cavity rinse and pat dry with paper towel, tuck wing tips under the back and tie legs together.
Place in center of cooking grid directly above foil drip pan of water
water. Smoke for 12 minutes per pound.
pound Allow several extra
minutes per pound if stuffed to allow for expansion. Use a meat thermometer for best results (190F internal).
SMOKED BAKED HAM: Fully cooked canned ham or smoked and cured whole ham or shank or butt portion.
Place fire grate in the lowest position and a drip pan under the meat. Remove rind
and score fat diagonally to give a diamond effect. Insert a whole clove in to the center of every diamond. Place ham with fat
side up in center of cooking grid directly above drip pan. Close lid. About 9 minutes per pound is suggested for fully cooked
hams. Smoked or cured ham which is not fully cooked should be cooked to an internal temperature of 160∞. Baste with ham
glaze 3 or 4 times during last 30 minutes of cooking time. Garnish with pineapple rings about 15 minutes before end of
cooking time
time.
HAM GLAZE: 1 cup of light brown sugar, firmly packed, 1/2 cup orange juice, 1/2 cup honey, combine sugar, juice and honey.
Let marinade sit for at least 4 hours.
SMOKED HOT DOGS STUFFED: Slit hot dogs lengthwise, within 1/4 inch of each end. Stuff hot dogs with cheese and relish
and wrap in bacon. Place on cooking grid over drip pan and smoke 15-20 minutes or until bacon is crisp.
SMOKED CHICKEN PARTS AND HALVES: Rinse pieces in cold water and pat dry with paper towels. Brush each piece with
vegetable oil and season to taste with salt and pepper. Brown pieces directly above coals with lid open and grate in high or
medium position for several minutes. Then place pieces on cooking grate directly above drip pan. With the grate in the low
position,, cook with lid down for 55 to 60 minutes or until done. Do not use vegetable
p g oil or salt and p
pepper
pp if usingg marinade.
SMOKED VENISON: Place leg of venison in a container or "hefty bag" and marinate for 2-4 days, turning daily. Marinate
bacon overnight in its marinade. Remove roast from refrigerator at least an hour before cooking. Season generously with
seasoned salt and coarse ground black pepper. Wrap 1 lb. Bacon over the top of the roast, and smoke 20/25 minutes per
pound, or until tender. Do not overcook.
Venison Marinade: 1 cup Balsamic or wine vinegar, 1 cup olive oil, 2 oz. Worcestershire, 1/2 oz. Tabasco, 2 tbs. Season All, 1
to 2 chopped jalapenos, 3 oz. Soy sauce. Bacon Marinade: 2 ox. Wine vinegar, 2 oz. Worcestershire, 4 dashes Tabasco.
SMOKED SHRIMP & CRAYFISH: Mix in a foil pan 1/2 cup butter, two cloves of crushed garlic, Tabasco, sliced green pepper,
1 tbls each of minced onions, salt and juices from one lemon. Add shrimp and/ or crayfish and smoke 45 minutes.
SMOKED VEGETABLES: Turnips, potatoes, carrots, okra, mushrooms, peeled onions, zucchini, squash, etc. Put in pan and
cover with water and cook for several hours while cooking the meat. Or place vegetables on grill and smoke for 50 minutes,
either wrapped in foil or not.
SMOKED FISH: Marinate in brine (1/4 cup dissolved in 1 qt of water) or marinate fish in 1 cup white wine, 1 cup soy sauce
mixed with 1 cup lemon juice. Marinate overnight in covered dish in refrigerator. Let air on rack 20 minutes before placing on
Pam sprayed grill. Smoke 25 minutes.
SMOKED SPARE/BACK RIBS: Peel off tough layer of skin on back side. Rub all surfaces with seasoning. Place ribs in
center of grid above drip pan and smoke approximately 1 1/2 hours or until meats pulls away from bone. Baste with barbecue
sauce during last 30 minutes
minutes.
CHICKEN MARINADE: Combine 1/2 cup soy sauce, 1/4 cup vegetable oil, 1/4 cup red wine vinegar, 1 teaspoon oregano,
1/2 teaspoon sweet basil, 1/2 teaspoon garlic powder with parsley, 1/4 teaspoon pepper. Pour over chicken pieces in
nonmetal dish. Cover and refrigerate overnight, turning occasionally. Use marinade to baste chicken while cooking.
MEAT MARINADE: For steaks, chops, and burgers: Combine q cup soy sauce, 2 coarsely chopped large onions and 2 cloves
garlic (halved) in an electric blender; cover, process at high speed 1 minute or until mixture is very smooth. Stir in 1/4 cup
bottle gravy coloring (Kitchen Bouquet and Gravy Master) and 2 teaspoons Beau Monde seasoning (or substitute 1 teaspoon
MSG and 1 teaspoon seasoned salt). Allow meat to stand in marinade at room temperature for 2 hours or refrigerate up to 24
hours in a covered dish
dish. Bring meat to room temperature before cooking
cooking.
SHISH KABOB MARINADE: Mix 1 cup soy sauce, 1/2 cup brown sugar, 1/2 cup vinegar, 1/2 cup pineapple juice, 2
teaspoons salt, 1/2 teaspoon garlic powder and bring to a boil. Marinate beef in mixture a minimum of 4 hours.
page 26
The bottom of this page is intentionally left blank for your notations.
page 27
page 28


Academy v. A&amp;J Mfg. - Complaint

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Case 4:14-cv-02043 Document 1 Filed in TXSD on 07/17/14 Page 1 of 60

UNITED STATES DISTRICT COURT

COMPLAINT FOR DECLARATORY JUDGMENT

JURISDICTION AND VENUE

1. This is an action for declaratory judgment of non-infringement as well as

2. Venue is proper in this district pursuant to 28 U.S.C. § 1391 and 1400

because A&J sells its products in this judicial district.

3. A&J is subject to personal jurisdiction in this judicial district at least due

4. A&J has engaged in discussions with Academy concerning several

invalid and are not unenforceable.

5. As a result of the foregoing, an actual, immediate and justiciable

whether the Patents-in-Suit are invalid and/or unenforceable.

7. A&J Manufacturing, LLC is a Georgia corporation with its principal place

of business located at 2465 Demere Road, St. Simons, GA 31522.

8. A&J Manufacturing, Inc. is a Florida corporation and an affiliated

patent”), (collectively, “the Asserted Patents” or “the Patents-in-Suit”).

A. The ’712 Patent

10. The ’712 patent is entitled “Simultaneous Multiple Cooking Mode

(“Jay”) Simms, II as the inventor.

of the shelf, to convert the solid fuel-fired unit into a smoker.

portion of their substantially cylindrical shapes (claim 19).

prosecution; six responses/amendments; two examiner interviews; two notices of appeal;

finally allowed—grills, openable covers, and exhausts—were not even described in

prosecution in his attempts to distinguish the prior art.

no original claims recited any “exhaust,” “exhaust means,” or “openable first/second

written description support for “exhausts” -- unlabeled drawings of smoke stacks in

cancelled or amended claims to “openings” in the grill lids in response to repeated

rejections by the Examiner. By acquiescing in the Examiner’s rejections, the Applicant

relinquished a claim scope of “exhaust” or “exhaust means” that would broadly

encompass all “openings” on or around grill lids.

by pointing to the smoke stacks in the drawings. There is no disclosure of a broader

concept of “exhaust” anywhere in the ’712 patent.

housings in a common support stand. As shown in Figure 1 below, grill housing 14 is

frame 13, which is supported by stand 12.

disclosed all features of the rejected claim(s).

arguments were presented.

(“Nemec”). Figure 1 of Nemec is shown below:

23. The Examiner stated:

Nemec also teaches the enclosure 12 includes at least one

(New) The barbeque grill of claim 22, wherein the first

(New) The barbeque grill of claim 22, wherein the second

25. New dependent claims 38 and 39 were formulated differently (because

they depended from a means-plus-function base claim), and recited:

(New) The barbeque grill of claim 32, wherein the first

(New) The barbeque grill of claim 32, wherein the second

parts and an obvious design choice.

with smokestack 28 positioned on end wall 26 of smoker chamber 12 and lid 20

connected by hinges 22.

comprising the opening (means for permitting the passage of gases).”

29. Regarding means-plus-function claim 32, the Applicant responded to the

rejection by specifically identifying the structures that corresponded to the means-plus-

Neither Nemec nor Ganard teaches or suggests that the

Patent No. 4,700,618 to Cox (“Cox”), noting that:

The limitation that at least one exhaust is on the first or

functioning of the units. In re Japikse, 181 F.2d 1019, 86

with respective cooking volumes within smoker 12.”

exhausts actually on the cover to be obvious, as a matter of rearrangement of parts that

Holland (“Holland ’986”).

configured based on the type of fuel used in the cooking unit.

solid fuel cookers rather than examples of exhausts, or as representative of a more

broadly disclosed concept. Similarly, the Applicant’s Appeal Brief repeatedly

disclosure and structures as support for each.

B. The ’646 Patent

as a continuation is a printing error because, as the prosecution history makes clear, it is

Academy v. A&J Mfg. - Complaint

Academy v. A&J Mfg. - Complaint