The case is Ember Technologies, Inc. v. Nextboom, Inc., No. 1:26-cv-05207 (D. Colo.), filed October 13, 2026. The defendants are Nextboom, Inc., a Colorado corporation, and Nextmug, LLC, a Colorado limited liability company, which the complaint alleges, on information and belief, share a principal place of business in Niwot, Colorado. Ember, a Delaware corporation based in Westlake Village, California, is represented by Bryan Cave Leighton Paisner LLP and demands a jury.

Patents and accused products

The complaint asserts four utility patents: U.S. Patent 12,185,870, "Drinkware with active temperature control" (issued January 7, 2025); U.S. Patents 11,771,260 and 11,771,261, each "Drinkware container with active temperature control" (both issued October 3, 2023); and U.S. Patent 10,995,979, "Heated or cooled drinkware" (issued May 4, 2021). It also asserts design patents D822,440 (issued July 10, 2018) and D922,145 (issued June 15, 2021), each titled "Drinking container." The accused products are the Nextmug (MMA-1122), Nextmug Go (MTB-1122), Nextmug Plus (MMP-1122), and Nextmug Ultra (MMU-1101). The design patent counts accuse only the Nextmug (MMA-1122).

What the patents cover

Claim 1 of the '870 patent covers an actively heated mug with a chamber, a cavity between the base and a bottom portion that has a recess with electrical contacts for a raised portion of a charging base, heating elements on the bottom surface of the base, batteries and circuitry in the cavity, and a user interface with one or more buttons that step through multiple user selected temperature settings when pressed multiple times and turn off the heating elements when pressed another time.

Claim 1 of the '260 patent covers an actively heated or cooled mug with a heating or cooling system in a cavity under the chamber, including power storage, circuitry, and sensors that detect liquid in the chamber; the circuitry turns on power after liquid is detected and automatically turns it off when the liquid drops below a predetermined level or is depleted.

Claim 1 of the '261 patent covers an actively heated cylindrical mug with inner and outer circumferential walls, an inner wall that narrows from a proximal to a distal portion, an annular gap between the walls, heating elements wrapped circumferentially around the distal portion of the inner wall, a user interface whose selection members turn off the heating elements and adjust among user selected temperatures, and a hidden till-lit display that shows temperature.

Claim 1 of the '979 patent covers a beverage container with heating elements, circuitry, and sensors that sense liquid temperature. When the sensed temperature is above a setpoint, the circuitry keeps power off so the liquid cools toward the setpoint, then turns power on to add heat while the liquid is still above the setpoint and before it reaches it. Each design patent claims the ornamental design for a drinking container as shown in its drawings.

What the lawsuit is about

The complaint charts claim 1 of each utility patent against all four products, relying on product images, user manuals, and Nextmug website statements, including the three settings Warm (130 degrees), Hot (140 degrees), and Piping (150 degrees) selected by one control button that turns the mug off on the fourth press, and an Auto-Off Sensor. For the design patents it sets figures from each patent beside views of the Nextmug (MMA-1122).

Ember says it sent a letter on or about April 10, 2024 identifying the '979, '260, '261, and D440 patents, that the parties exchanged further correspondence in 2024 and met into early 2026, and that it has virtually marked its products since about August 23, 2019 under 35 U.S.C. 287(a). It alleges the parties are direct competitors.

Relief sought

Ember asks for a permanent injunction under 35 U.S.C. 283, damages including lost profits, and no less than a reasonable royalty, under 35 U.S.C. 284 with enhancement for willfulness, the defendants' total profits on the design patents under 35 U.S.C. 289, and attorneys' fees under 35 U.S.C. 285.

What to watch next

Watch for the defendants' answer or motion to dismiss, any counterclaims, and the scheduling order.