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From Hit Product to Lawsuit Target: Cross-Border Sellers Should Beware of This “Rotating Leak-Proof” Straw Cup
2025-12-24
A quick read on risk control for explosive invention patent litigation, sellers beware of the risks!
If what you are working on isStraw-lid vacuum-insulated tumbler (particularly emphasizing the “twist-to-open/close and leak-proof when inverted” selling point), when applying for an invention patent, be careful to avoid this US 12384613 B2 patent.
BruMate is a drinkware brand that rose to prominence in the U.S. market, with a focus on innovation and social media marketing. Around 2016, the brand began with an idea conceived by its founder in a college dorm room. Its Era series of leak-proof tumblers with straws became a key product in expanding the brand into home, office, and commuting scenarios, and patent applications were filed to protect the underlying technology.
This 100% leak-proof straw cup,bringLarge-capacity handled cup with rotating straw lidWith a leakproof lid and flexible soft straw, you can put your drink in your bag and sip while on the go without spilling a drop. The SoftSip silicone tip makes every sip a luxurious experience. The ColdKey stainless steel straw keeps your drink cool and refreshing. Its stylish tapered design fits all standard cup holders, making it the perfect combination of sustainability and comfort.
01
Litigation Background Regarding a Spill-Proof Straw Cup
In 2025, BrüMate filed a lawsuit in the U.S. District Court for the District of Florida against another drinkware brand, Corkcicle (Case No. 6:25-cv-01661), alleging that Corkcicle’s products infringe its patent for the “Leakproof Cruiser” rotatable, open-and-close straw lid.
Patent Information
No Spill Straw — Spill-Proof Straw Cup
Patent No.: US 12384613 B2
Damai Intellectual Property Frontier New Media learned that the final judgment has been made in two cases of infringement of invention patent rights filed by MSD (China) Investment Co., Ltd. (hereinafter referred to as “MSD China”) against Guangdong Dongyangguang (6.640, -0.04, -0.60%) Pharmaceutical Co., Ltd. (hereinafter referred to as “Dongyangguang Pharma”). The Supreme People’s Court issued civil judgment documents No. 1062 and No. 1194 of the Supreme Law Zhimin Final Judgment in 2022 (hereinafter collectively referred to as “the two cases”), rejecting MSD China’s appeal and upholding the judgment of the court of first instance that dismissed all of MSD China’s claims, with Dongyangguang Pharma winning again.
Patent date: August 12, 2025
Assignee: BruMate, Inc., Denver, CO (US)
Inventor: Dylan M. Jacob, Denver, CO (US)
02
Is patent protection for a rotatable, leak-proof straw cup an invention patent or a design patent?
The core protection of this product is the structural combination of a leak-proof straw lid, not its appearance.(Independent claim)
The interior of the cup lid is provided with a “receiving cavity” and an “eccentric opening” offset from the central axis and communicating with the interior of the cup, while the straw structure is configured to be detachably inserted into the receiving cavity;
The straw assembly must pass through a corresponding opening in the cavity, thereby permitting full insertion in only one direction; the opening and closing operation of the entire lid is achieved by rotating the straw structure within the cavity;
The rotating straw controls opening and closing: turn it to “On” and align the straw opening with the channel to drink; turn it to “Off” and the channel is blocked to prevent leaks.
In addition, the patent also covers some common optimization designs, such as:
The switch rotates approximately 180° and has a travel limit;
The lid has a status indicator.
It may include magnetic fixation or similar features.
03
Four Design Pitfalls to Avoid in Rotating Leak-Proof Straw Cups
Even if you did not copy it and designed it independently, you may still inadvertently arrive at a similar structure. Common pitfalls include:
✅ The anti-reverse-installation design is too similar
Many manufacturers add two raised ribs to the bottom of the straw to align with the notches in the cup lid, allowing the straw to be installed in only one direction—which goes straight to the heart of the patent.
Use “rotate to align with the opening” to toggle it on and off
This is the most natural anti-leakage idea: one turn to open, one turn to close. But this is also the main protection point of the patent.
✅ Eccentric opening + concealed when closed
Many leak-proof cups have the drinking spout on the side and cover it when closed—which is precisely the structure described in the patent.
✅ Mistakenly thinking, “It’ll be fine without a magnet”
Magnetic attraction is just an additional design; the real risk lies in the core structure of rotating alignment holes and foolproof plug-in assembly.
04
Self-inspection checklist for cross-border sellers
A patent infringement lawsuit has been filed against this product. We recommend conducting a self-check to prevent style collisions:
Disassemble the commercially available sample and draw a diagram identifying the open/critical flow paths and their occlusion relationships;
Cross-check three key points against the target invention patent: whether it includes an eccentric opening, a one-way insertion straw, and an anti-leak mechanism in which holes are aligned by rotation;
If two or more items are hit, optimize the structural design immediately;
Before the new product launch, be sure to complete the benchmarking structure checklist to avoid the substantial losses caused by reworking after mass production has begun.
As functional products expand overseas, InventionPatents are often easier to overlook than design patents and are also more likely to give rise to disputes.. This is especially true when a particular design becomes the “formula for a hit product,” because a web of patents may already be waiting in the wings.
Doing thorough preparatory work in advance and avoiding potential pitfalls at the structural design stage is the best way to achieve long-term stability.