April Project Status and Rewards Update
Hello GrowlerWerk-ers,
It has taken longer than we anticipated to post a new update. The reason is a lot of things have been happening, and we’ve been waiting to make sure we have the best information for you.
Fair warning, this is a long update with substantial changes. We’ve reached a critical point in the project, and we need to make tough choices in order to continue the journey. Our main goal remains delivering the innovative uKegs that you helped bring to life. We have included a Q&A section at the bottom of this update.
Rewards:
Starting with the easy news….
We’ve delivered a little over 3,500 uKeg 64’s in stainless steel finish. This accounts for about 30% of the total rewards pledged, with 70% to go. We have produced the initial uKeg 64 copper units, and we’re currently approving the first production samples of uKeg 128 Stainless Steel units.
The difficult news….
As you know we have been fulfilling simultaneously to our Kickstarter Backers and some wholesale accounts, with a majority of uKegs going to our Backers, and a minority to retail.
Due to unexpected circumstances we will cover in detail below, we need to begin fulfilling a majority of uKegs produced to online orders and retail channels, and a minority to Kickstarter backers. The bottom-line is, it’s going to take longer to complete fulfilling rewards. This applies to uKegs for which “in our system” UPS labels were printed.
Why do we need to sell more uKegs into retail?
The issues are:
- Because we’ve had to spend significant cash resources to defend ourselves against a senseless patent lawsuit, and because it took us longer than expected to produce the uKeg, and we do not have sufficient funds to immediately fulfill all the remaining Kickstarter rewards.
- While our original plan allowed us to complete delivery of all KS rewards first, our funds have dropped below the level needed to meet that plan. We now need to follow a dual path and sell more uKegs into retail.
We've all seen other Kickstarter projects begin selling to retail to fund continuation of a project. We understand your frustration. We are frustrated too. Please be patient as we work through the issues so we can complete delivering rewards to our backers.
Patent Lawsuit
We did not choose this fight, but we must defend the uKeg you helped create.
In November, without warning, a lawsuit was filed by a company called Drink Tanks. They claim the uKeg is infringing their patent (US 9,156,670 B2). We’ve studied it, our attorneys have studied it, an outside consultant studied it, and none of us believe the uKeg is infringing. Further, none of us believe Drink Tanks ever should have gotten the patent granted in the first place. The problem is . . . they did. And now we’ve been forced to deal with it.
This was all very surprising to us. When we investigated the situation, we found a lot of prior art that shows the claims in Drink Tanks’ patent exist in older patents. It was filed on Oct 15 2014, as a continuation to their original patent dated Feb 18 2013. We were aware of Drink Tanks original patent, and many others. Due to shortcomings of the other products out there, we created something completely novel with your support.
We’ve tried to resolve amicably, but DT is not backing down. Since they won’t settle, we will have to see it through. The cheapest, quickest, easiest resolution is to invalidate their patent through an administrative review process at the Patent Office, which we are doing. We also brought a counterclaim against DT, asking the court to confirm their patent is invalid.
How Can I help?
We could use your help to find patents, patent applications, or other dated publications that show Drink Tanks style beer growlers dated before February 18, 2013. Please post any findings to Kickstarter Comments. We’ve found a lot already, but more is better! The more we have, the easier it will be to show the Patent Office that Drink Tanks is claiming old technology in its patent.
Another way you can help is to refrain from posting negative reviews of our product, although we welcome constructive criticism of our company. The more successful we are at retail, and the sooner that this lawsuit goes away, the quicker we can ship your uKeg.
Early on we had some warranty issues that we’ve since worked through to improve quality. If you do find a problem or need help, please visit the How To page on our website, or email service@growlerwerks.com and we will take care of you promptly. Many of you have been supportive and we've heard you.
Path Forward
This hasn’t turned out the way we wanted. It took much longer to develop manufacturing than we expected, and we certainly didn’t ask for an unwarranted patent fight.
The goal has always been to have a long term relationship with our backers, friends and partners. You helped create the uKeg, and the longer relationship we can have with our backers, and the more future innovations we can offer.
We know it’s hard to see uKegs on a shelf while you’re still waiting to receive yours. If there’s a bright side, retail customers are paying a lot more than the uKeg 64 you backed for $99. And the more successful we are at retail, the sooner we can build and deliver your rewards.
What Does This Mean for you?
This will require more patience from you as backers; your patience already has been extraordinary. Yes the ride may get bumpier, but the goal is to fulfill all rewards. The entire team of GrowlerWerks is determined to keep moving forward with our vision: To be an innovation brand that keeps beverages fresh, and brings the uKeg and other products to the market. We have always believed that despite the challenges of being a start-up, we could do great things and build long-term relationships with the people who were with us from the beginning. We truly believe fresh craft beer brings good people together.
We appreciate your continued support and patience. We remain dedicated to successfully completing the project and delivering the rewards that you pledged for. We will continue to keep you updated on progress and delivery status.
Regards,
The GowlerWerks Team
Backer Q&A:
When will the next update be posted?
Going forward, we will be providing Kickstarter updates on a monthly basis. We will include more information about the uKeg 128 in our next update.
When will my rewards be delivered?
We’ll be slowly fulfilling KS rewards simultaneously with retail until the patent issue is resolved and our cash position improves. At this point, we don’t know exactly when that will be. Because of this, we can’t say exactly when your rewards will arrive.
Why did I receive a notification from my UPS account that a label has been created?
We printed labels in large batches so we have them on-hand to use at-once. However, this also triggers UPS to send out notifications. This only means that a label has been printed, it does not mean that your rewards are shipping.
When will I receive a response to my email inquiry?
Our backlog can become long as we receive a high volume of inquiries. Our response times can average one week or more. Please understand we are operating with limited resources, although every email will be answered. Please check the information in the Q&A and How To sections of our website for faster answers. If you cannot find an answer to your question, please submit your question via our Contact Page here: http://www.growlerwerks.com/pages/contact
Can I get a refund for my Kickstarter pledge?
We are not providing refunds for Kickstarter pledges. Providing refunds to some backers undermines our ability to deliver rewards to other backers who are waiting to receive their rewards, and complete the project. We apologize for any frustration or challenges this has caused our Backers. We want to assure you that we are doing everything in our power to fulfill our obligations to you. This question was also addressed in our update posted on Dec 10, 2015.
I have another question or a service related issue, what should I do?
Please submit your question via our Contact Page and we will try to help you. http://www.growlerwerks.com/pages/contact
Bjørn am May 23
Huh, that bear a striking resemblance to Drink Tank; I'm sure they have licensing and royalties all sorted out. There are plenty other vacuum insulated gowlers, its the presure regulator and tap that sets uKeg apart from the rest. (and an apparent lacking sense of customer relations, but at least the product seem awesome, if we ever get it, and it works)
Nikarp@gmail.com am May 21
Have you guys seen the Costco metal growler? It's vacuum insulated. Which I think you said was the patent infringement. Anyway:
http://m.costco.com/Reduce-Vacuum-2-pk-Growler.product.100217713.html
mark owens am May 10
doesnt look like i will ever see a growler or my money again. i think thats called stealing!
ron peck am May 9
Interesting that their web site availability changed in the last week. Last week I checked and both versions of the 64 said shipping in June. Now the stainless one is available in 1-3 days (so it's in stock) and copper has moved out to July. Which I assume means they're starting up 64 manufacturing again in June or even in late May. Doesn't make me very optimistic my copper 128's are anywhere close.....
John Horkan am May 1, 2016
Bjorn.... I believe he will be using the 16g sleeve to do it..... I hope it goes well he make some great suds.
Tyler am May 1, 2016
Looks like they are now sending this update as their carbon copy e-mail response to any questions about ETA for rewards. I e-mailed asking about an update for those of us who chose local pick-up on 3/2 and 3/21, and just received a response today (4/30) along with the following:
"A Note From GrowlerWerks Customer Service:
If you're receiving this email it's because you have contacted GrowlerWerks regarding questions about your KickStarter reward. Our most recent KickStarter Update addressing delivery ETA’s was sent last week to all KickStarters Backers and posted on our KickStarter Campaign page. It has come to our understanding that some of you may have not received the update through KickStarter. For your convenience we have included the KickStarter Update information below, as well as a link to the GrowlerWerks KickStarter page.
The recent update below provides the more accurate information provided to Customer Service regarding reward availability. Any additional information regarding delivery ETA’s will be provided through our monthly updates. Please make sure you are checking the KickStarter updates every month. You can change your email address via your Account settings in Kickstarter.
Please feel free to contact us if your address changes or other non related ETA questions at our Contact US page on our website: http://www.growlerwerks.com/pages/contact
Thank you again for your support and patience.
GrowlerWerks Customer Service."
Bjørn am April 30, 2016
At leas thats slightly encouraging that there weren't any major leaks John. Do you know if the force carbonation will be done with the sleve for 16g CO2 cartridges, or by replacing the 8g cartridge?
John Horkan am April 29, 2016
So I promised an update.... I randomly pulled 6 of the 12 growlers. Cleaned the up and made sure all the fitting were tight. One was loose around the tap. Half filled them with water and pressurized them to 10 psi. Of the 6 only one lost pressure over 48 hours...that was due to my inattention to making sure the top was down tight.... once tightened correctly it held pressure just fine. Were I experienced and issue was with the tap locks... of the 6, three of the locks did not keep the tap from opening when locked. As I am planing on carrying these in the saddlebags of my motorcycle I find this somewhat disturbing... I am sure I can jury rig something to keep them from opening... maybe a good strong rubber band or some zip ties.... Overall a pretty solid product... I have sold off 6 to a friend who is going to try using them to force carbonate his home brew.... I am eagerly waiting his results.
Alex Southern am April 29, 2016
Feels like I'm the victim of a Matrix scheme here. Can't get any replies from Growlerwerks. Kickstarter do nothing to ensure a backer ever gets anything. Never again would I back one of their "projects".
Tracy Wiswall am April 28, 2016
I don't think anyone has done this yet so here are the legal filings related to the lawsuit:
lawsuit:
https://filetea.me/t1s4YEWIGwzSQ2JGtynETkI2A
answer/counterclaim:
https://filetea.me/t1sPxUGNZsrR8yn75PRJZxEIQ
answer to counterclaim:
https://filetea.me/t1sBZlcdk4oRoedww2EL0fcXw
Duane C. Harp am April 28, 2016
They took our $ in 2014. Do you think we will ever see our growlers that we pledged? Probably not. What a waste.
I may not support another Kickstarter campaign based on my experience.
Greg O am April 28, 2016
I am not aware of any duty Kickstarter has to refrain from conflicts of interest. Even if they did have such a duty, not convinced this or any other competing project would be one for them. They are simply a funding launching pad, not a participant in the business. I guess if I were a project owner I might feel differently if they were touting a competing project as one of their "Kickstarter loves this" things.
Rich Huffman am April 27, 2016
Anybody else find it ironic that Drink Tanks was also a Kickstarter project, and is successfully fulfilling backers and selling on Amazon, etc? That wasn't a conflict of interest for Kickstarter???
Greg Lief am April 25, 2016
@superchunk: Thank you for the "Report This Project" link information. I just used it, and suggest that other backers who are upset with the situation do likewise.
Kellan Peterson
Superbacker
am April 25, 2016
So I was in BevMo and saw one for sale there. That's pretty messed up considering I haven't gotten the one I paid for.
Leigh Simpson am April 23, 2016
Holy SHIT this sucks. Not to mention yet ANOTHER birthday passed where my husband didn't receive the gift he was supposed to receive literally years ago now. I hate this company so much right now.
Bjørn am April 23, 2016
I agree, the patent and the suit seem weak; and I'd be surprised if the patent isn't invalidated. But on a 1.5M budget calling the counterclaim a significant cash resource could benefit from some backing up. Hopefully they'll add some more clarity on the situation.
Greg O am April 23, 2016
The attorneys' billing rates, from junior attorneys to senior partners, is likely on a range from $250 to $600 an hour, so it doesn't take a lot of time to rack up big bills. I would guesstimate that filing the answer/counterclaim to the complaint, and getting the suit transferred to Oregon cost in the neighborhood of $10,000. And then of course, there's the retainer. When it's all over and done with if either side gets a fee award I'll get a copy of that for everybody to see. Whether or not we ever see our uKegs, I will get pleasure in seeing this thing blow up in DT's face and their patent invalidated. I'm feeling that is a very likely outcome and think GW is right to have confidence in their position and fight this.
Bjørn am April 23, 2016
If that is the current state of the legal dispute, how much legal cost could it have incurred, hundreds of thousands of dollars?
Greg O am April 22, 2016
And Michael "Lime" Allen, nice pooch! Is your career writing Cliffs Notes?
Greg O am April 22, 2016
Edward Webb, I have them. If you want pdf copies, and are comfortable with some way to divulge your email here, go for it. But I can sum it up for you in a couple of sentences. GW's counterclaim is "declare the patent invalid, because look at all of these prior patents on beverage dispensing systems, etc., and DT hasn't done anything to advance the state of the art, so the patent should not have been granted to them." DT's answer is essentially nothing more than a big fat "NOPE!" Maybe over the weekend I can covert them into JPEGS and put them on some photo-sharing site or youtube or something.
Michael "Lime" Allen
Superbacker
am April 22, 2016
so from the sounds of this, GW is saying that I most likely will not receive the $387 worth of product I funded them to make, but rather they are going to use my $387 and make a product and sell it again for my money, am I understanding this correctly?
Edward Webb am April 22, 2016
Greg O -
Thanks. I'd kind of like to see what they thought they had enough of a basis to try to counterclaim.
Greg O am April 22, 2016
Edward Webb -- I'll see what I can do about that. If it's long, I might need you to post your email address in a way I but not robots can figure out.
Slobodan Tabakovich am April 22, 2016
LIARS!
Edward Webb am April 22, 2016
Does anyone have access to the counter claim that GW levied against Drinktanks, or Drinktanks response?
Chad Sawyer am April 22, 2016
This is a civil suit waiting to happen.
Jason Gifford
Superbacker
am April 21, 2016
A week or more to respond to emails? What a joke, try 7+ weeks of repeated emails and I still haven't gotten a response.
Edward Webb am April 21, 2016
Greg O
I'm familiar with what you are talking about, but i also know that the Sixtels i Keg into in my brewery do NOT leave a metallic taste. I think the difference is usually part of how its prepped before that first fill. (Rinse, 1/3 fill dish detergant, shake, rinse, rinse, 1/3 fill oxyclean/PBW, shake, rinse, rinse, Starsan, rinse, drain)
Jeffrey Falanga am April 21, 2016
You guys are criminal, and should be banned from ever starting another project on Kickstarter.
Casey Philippi am April 20, 2016
Having my first ever failed Kickstarter just a few months ago. I'm happy to hear you are doing what you can to get us our growlers!-)
Bjørn am April 20, 2016
Gotcha, was thinking something in those lines, but as long as the growler doesn't have a big "KEEP UPRIGHT" sticker on it, I'm kinda thinking it ought to hold the seals with gas if near empty and tilted for instance; and part of the dry test reasoning was also if it holds CO2, it will hold water, even better, test with Nitrogen.
Martin Pechanec am April 20, 2016
Bjorn, same line of work for me :-). What I had in mind was that the up tube and the tap seals might be good for liquid, but might leak with gas. By putting small amount of water at the bottom to cover the opening to the up tube one creates a liquid seal of that section, as it would be during normal use. Then the testing will be under real condition, testing whether the regulator and the main thread seal does not leak gas.
Martin Pechanec am April 20, 2016
Greg, they have Laurelwood IPA tap takeover today. That place is really comfortable and reminded me of European village pubs, when the bartender knew everyone by name. He was also pushing me samples left and right without asking for it. It is a nice and welcoming place.
Bjørn am April 20, 2016
Please elaborate on the sealing the up tube part; pretty sure you lost the electronics engineer on that one ;)
Greg O am April 20, 2016
ha ha, Martin, I thought it might be. Almost the same story for me. One night about a year ago leaving Target I saw two guys heading for those apartments behind the hookah place carrying growlers and I thought "where on earth did they get those?" It was not until I went to Kitchen Kaboodle after your post about uKegs on the shelf that I noticed it. The two owners are bros-in-law and good guys, and they always have something decent on tap. Hmmm, wonder if they have any Lagunitas Waldos' Special today, its annual release day. If you're a hop head (any of you out there!) and can get some, highly recommended!
And thanks for the explanation about the brass/stainless steel. I think I must be sensitive to metal tastes because the Hydroflask pint glass doesn't seem to bother anybody else.
Martin Pechanec am April 20, 2016
@Greg: From what I can observe and what GW mentioned few times in the past the goose neck is actually stainless steel, plated to match the brass color. I think it is the right design choice, since you don't want beer to be in contact with brass for prolonged period of time. Even brass taps are chrome plated for that reason. If the uKeg is full, the beer level reaches beyond the sight tube into to goose neck and the beer would be in contact with brass, so that's why stainless steel. The tap is brass, and since it is only briefly in contact with beer, it is probably acceptable. That is my personal understanding of it. Again, GW should have explained all these details prominently on their web page.
As far as the metal taste: With my side by side testing with the other setup with different stainless steel vessel, after 3 days I got no change in taste from uKeg, but slight metallic taste change in my other setup. I am trying to figure out why that was. Might have been diffent CO2 source, etc.
And how could I miss Iron Tap place, right under my nose? I did not know about it until you mentioned it. I was there yesterday and I will be coming back often. See you there sometime.
Martin Pechanec am April 20, 2016
@ Bjorn: I would just add to your idea to at least put enough water at the bottom to seal the up tube by liquid. The only downside would be that you would need more gas to fill the empty vessel with. It is much better test than testing with water only. With the canister almost full of water and small head space for the gas, even brief shake will dissolve the limited CO2 volume into water and pressure will drop dramatically right away if the regulator is set to 0 after pressurizing.
Bjørn am April 20, 2016
That sounds like a good idea; and should provide nice metrics on the flaws in a bigger sample size than a single backer.
Thinking about all the people saying they've tested with water; doing a dry test should be quicker, no need to wait for the water to saturate with dissolved CO2. Just pressurize and turn off the regulator and see if pressure drops over night? Then a quick test with fluids to check that the tap works as expected?
John Horkan am April 20, 2016
Will do Gerg... I'm going to operationally check all of them prior to putting them to their intended use...
Greg O am April 20, 2016
John Horkan, please let us know if they all work great or if some are defective.
Lee Birkett am April 20, 2016
@superchunk thanks for the tip on "report this project". Done
John Horkan am April 20, 2016
Well paint me pink and call me Daisy.... guess what showed up at my door today.... all 12 of the growlers I backed for.... I guess I owe some one an apology. Here is the thing though... I do understand start up problems... I have been involved in several. I also understand customer service... a lot better than most.... believe me when I tell you that you guys are failing at the later.... Of note... I never revived notification from either Growlerwerks or UPS that my shipment was en route. No tracking number.... nothing. This is a huge failure of packing and shipping departments. your failure to respond to e-mails, your infrequent (at best) communications and the apparent lackadaisical attitude that comes across in the updates you do post makes it difficult for me to believe that you will be a growing concern in the future. I will watch to see if you actually do prosper... I hope that you do. But until there are marked improvements in you communications, customer support and shipping department I am afraid I will have to pass on ordering any more products from your organization. Good luck guys... and please do take my observations under consideration.... you got some mighty unhappy folks out there.
Superchunk am April 20, 2016
@Lee I've been eyeing the beer barrel and trailkeg myself. Those look like some quality growlers. Not fancy like the ukeg, but functional.
Superchunk am April 20, 2016
Just an FYI the support team at kickstarter is instructing backers to use the "Report This Project" button at the bottom of the campaign page if you think GrowlerWerks is in violation of the terms of use. Sending support tickets doesn't do anything, those guys are just around to support the site. There is a separate team that handles project integrity etc. and they only respond to projects that have lots of "Report This Project" button clicks.
Greg O am April 20, 2016
Edward, I have one of these in the plain stainless finish
https://www.rei.com/product/890230/hydro-flask-true-pint-glass
and I got a slight metallic taste the first few pints I drank. It has gotten better but maybe not totally gone away, could just be my mental bias now. So, I hope this is not an issue with the uKeg. I will be very disappointed if the gooseneck is not brass but cheap chromed metal. Of course, none of this matters if GW goes poof before shipping rewards.
Edward Webb am April 20, 2016
Looking through the reviews i noticed two things that bother me.
Someone mentioned that the beer tasted like metal. There are very few ways that happens. Almost all of them involve exposure to actual metal (except for a certain strain of yeast that gives a metallic off flavor)
Essentially, if there is a metallic taste than either there is aluminum that hasn't been properly oxidized, 2% lead brass that hasn't been properly treated, or "chrome" type finishing somewhere that is rapidly decaying when exposed to beer (which is relatively acidic).
The other thing I notice is that someone pointed out that a portion of the gooseneck appears to be made out of chromed metal, not real brass.
Even if my uKeg arrives, i'm not sure i'm going to want to put my homebrew in it at this point.
Greg O am April 20, 2016
There is no doubt that reviews on the uKeg on Amazon have not been good -- but it also appears that Amazon got all early production-run units. And the comments here from backers who have gotten rewards reflect improvements. My hope is that when (if ever) backer rewards start rolling out again the manufacturing-defect issues have all bee addressed. Last, there is still the potential issue of pressuring a glass growler that wasn't designed for that use. Here's a quote from the linked homebrewing forum: "You can't carb a glass growler, unless you like shrapnel wounds." http://forums.morebeer.com/viewtopic.php…
Lee Birkett am April 19, 2016
http://www.amazon.com/GrowlerWerks-Ukeg-Craft-Growler-Copper/product-reviews/B00YRA5BB2
Greg O am April 19, 2016
Lee, 10 reviews of that product, and 3 are 1 star. And I've heard about pressurized glass growlers exploding, don't know if that's true, but sonds scary.