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Lumetique v. Dream-Wick - Complaint
Lumetique v. Dream-Wick - Complaint
Lumetique v. Dream-Wick - Complaint
LUMETIQUE, INC.,
Plaintiff,
v.
DREAM-WICK, INC.,
Defendant.
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)
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COMPLAINT
Plaintiff Lumetique, Inc. (Lumetique) hereby files this Complaint against Defendant
Dream-Wick, Inc. (Defendant or Dream-Wick) for infringement of U.S. Patent Nos.
8,961,171 (the 171 Patent); 9,039,409 (the 409 Patent); 9,261,275 (the 275 Patent);
D705,459 (the 459 Patent); and D644,359 (the 359 Patent) (collectively, Patents-InSuit), as well as tortious interference with prospective contractual relationship.
PARTIES
1.
under the laws of Nevada with its principal place of business at 8865 Norwin Avenue, Suite 27
PMB 320, North Huntingdon, Pennsylvania 15642.
JURISDICTION AND VENUE
3.
This lawsuit contains causes of action for patent infringement arising under the
patent laws of the United States, 35 U.S.C. 1, et seq. This Court has jurisdiction over these
This Court has subject matter jurisdiction over the tortious interference with
prospective contractual relationship claim against Defendant under 28 U.S.C. 1332, as there is
complete diversity of citizenship between the parties and the amount in controversy exceeds
$75,000, exclusive of interest and costs. This Court also has supplemental jurisdiction over the
tortious interference with prospective contractual relationship claim against Defendant under 28
U.S.C. 1367(a).
5.
Court because it is currently doing and has done substantial business in this judicial district,
including committing and inducing acts of patent infringement in this judicial district and
elsewhere in the United States and regularly doing business or soliciting business, engaging in
other persistent courses of conduct, and/or deriving substantial revenue from products and/or
services provided to individuals in this judicial district and in this State. Upon information and
belief, Defendant has placed infringing products into the stream of commerce by shipping those
products into this district or knowing that the products would be shipped into this district. Upon
information and belief, Defendant has also induced others to place infringing products into the
stream of commerce by shipping those products into this district or knowing that the products
would be shipped into this district.
6.
Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400(b)
because, upon information and belief, Defendant regularly conducts business in this judicial
district and/or because certain of the acts complained of herein occurred in this judicial district.
PATENTS-IN-SUIT
7.
Having a Planar Wick and Method of and Equipment for Making Same, duly and legally issued
on February 24, 2015. The 171 Patent is appended hereto as Exhibit A.
8.
Having a Planar Wick and Method of and Equipment for Making Same, duly and legally issued
on May 26, 2015. The 409 Patent is appended hereto as Exhibit B.
9.
Having a Planar Wick and Method of and Equipment for Making Same, duly and legally issued
on February 16, 2016. The 275 Patent is appended hereto as Exhibit C.
10.
Lumetique is the owner by assignment of the 459 Patent, entitled Candle or Oil
Lamp having a Planar or Bent Planar Wick, duly and legally issued on May 20, 2014. The 459
Patent is appended hereto as Exhibit D.
11.
Having a Planar Wick, duly and legally issued on August 30, 2011. The 359 Patent is
appended hereto as Exhibit E.
FIRST CLAIM FOR RELIEF
(Infringement of U.S. Patent No. 8,961,171)
12.
Upon information and belief, Defendant manufactures, imports, offers for sale,
and/or sells certain candle wicks that infringe at least claim 31 of the 171 Patent, in violation of
35 U.S.C. 271(a), either literally or under the doctrine of equivalents. For example, Defendant
manufactures, imports, offers for sale, and/or sells certain candle wicks on their website
(www.unitywoodenwicks.com), including their single ply wooden wicks (available at
www.unitywoodenwicks.com/original_wicks.html, Exhibit F) and double ply wooden wicks
(available at www.unitywoodenwicks.com/wicks.html, Exhibit G).
Additionally, Defendant
sells certain candle wicks to distributors, such as Lone Start Candle Supply, Inc. (Exhibits P and
Q), who then offer the candle wicks for sale throughout the United States on their own website
(Exhibit R).
13.
second member. Defendants candle wicks emit an acoustic crackling sound when provided in a
candle and lit. Upon information and belief, each of the solid planar member and second
member comprise a fibrous material. The solid planar member of Defendants candle wicks has
a height dimension that is greater than the width dimension. The width dimension is greater than
the thickness dimension and the thickness dimension is between 0.018 to 0.23 inches. For
example, at least one of Defendants candle wicks has a height dimension of approximately 2.5
inches, a width dimension of approximately 0.25 inches, and a thickness dimension of
approximately 0.02 inches. The solid planar member of Defendants candle wick comprises
generally straight grains extending substantially in a direction from a base for the candle to a top
surface of the candle when the wick is provided in the candle.
14.
Defendant was made aware of the 171 Patent in an email on March 5, 2015. (Exhibit S). On
information and belief, therefore, Defendant has known of the 171 Patent. Defendant has been
aware of the 171 Patent since no later than March 5, 2015, and the date of this Complaint.
15.
import, offer for sale, and/or sell certain candles that infringe at least claim 1 of the 171 Patent
in violation of 35 U.S.C. 271(b). At least claim 1 of the 171 Patent is directly infringed by
Defendant knew or should have known that its actions would induce actual
infringement. Defendant had actual knowledge that its actions would induce direct infringement
because, during the course of negotiations between Lumetique and Dream-Wick, Defendant was
made aware that third parties were directly infringing the family of patents to which the 171
Patent belongs.
18.
Additionally, upon information and belief, Defendant was made aware that third
parties were directly infringing the 171 Patent through communications with third-party
manufacturers, importers, and/or sellers that received notice letters from Lumetique.
19.
On February 2, 2016, Lumetique sent a notice letter, which specifically listed the
171 Patent, to Cereria Terenzi Evelino S.R.L. (Cereria), a manufacturer, importer, and/or
seller of certain Tiziana Terenzi wooden wick candles. (Exhibit I). On February, 12, 2016,
Cererias counsel responded to Lumetiques notice letter asserting that We are examining the
matter and well reply as soon as we reach an opinion about this issue. (Exhibit J). On
February 22, 2016, Cererias counsel sent a follow-up letter stating that they asked for
clarifications to Cereria Terenzi Evelino's supplier of wooden wick candels [sic], who put us in
touch with the manufacturer Dream-Wick, Inc. of North Huntingdon, Pennsylvania.
Mrs.
Melynda DelCotto of Dream-Wick, Inc. revealed us their industrial property portfolio and
stated that their products are made exclusively in the implementation of their patents, without
interfering with others. (Exhibit K). Upon information and belief, Defendant was made aware
that Cereria was directly infringing the 171 Patent through communications between Cereria
and Defendant.
20.
On February 2, 2016, Lumetique sent a notice letter, which specifically listed the
171 Patent, to Fifth & Madison and, upon information and belief, Fifth & Madisons parent
company Couture Brands LLC (collectively, Fifth & Madison), a manufacturer, importer,
and/or seller of certain Fifth & Madison wooden wick candles. (Exhibit L). On February, 3,
2016, a representative of Fifth & Madison counsel responded to Lumetiques notice letter stating
that You are now aware who I am getting the wicks from and if you have any issues you should
take it up with them. The statement below comes right from the website. We are purchasing them
in good faith and these patents are valid[.] Our Wicks Are Manufactured, Shipped & Protected
Under the Following US Patents: US D663450 US D669615 US D708777 - US 8708694 D715989. (Exhibit M). Defendants website asserts that Our Wicks Are Manufactured,
Shipped & Protected Under the Following US Patents: US D663450 US D669615 US
D708777 - US 8708694 - D715989. (Exhibit H). Upon information and belief, Defendant was
made aware that Fifth & Madison was directly infringing the 171 Patent through
communications between Fifth & Madison and Defendant.
21.
To the extent that Defendant did not have actual knowledge that its actions
would induce direct infringement, upon information and belief, Defendant was willfully blind to
the act of direct infringement by taking active efforts to avoid knowing about the infringing
conduct of the third parties who manufacture, import, offer for sale, and/or sell certain candles
that infringe at least claim 1 of the 171 Patent.
22.
Defendant manufactures, imports, offers for sale, and/or sells certain candle wicks
23.
Defendant actively and knowingly induces with the specific intent to encourage
third parties to manufacture, import, offer for sale, and/or sell certain candles that directly
infringe at least claim 1 of the 171 Patent.
(http://www.unitywoodenwicks.com/wicks.html, Exhibit G,
importer, and/or seller of certain Tiziana Terenzi wooden wick candles, purchases their wooden
wicks from Defendant. (Exhibit K). Cereria manufactures, imports, offers for sale, and/or sells
certain candles that directly infringe at least claim 1 of the 171 Patent. (See e.g., Exhibit N). At
least one of Cererias Tiziana Terenzi candles comprises a body of meltable fuel and, on
information and belief, Defendants infringing candle wick (i.e., a solid planar member). In the
at least one of Cererias Tiziana Terenzi candles, Defendants candle wick extends from the base
of the candle to a top surface of the body of meltable fuel and has a height dimension of
approximately 1.9 inches, a width dimension of approximately 0.25 inches, and a thickness
dimension of approximately 0.02 inches. Accordingly, the candle wick has a height dimension
that is greater than the width dimension, a width dimension that is greater than the thickness
dimension, and a thickness dimension that is between 0.018 to 0.23 inches. On information and
belief, the solid planar wick member is made of natural wood, which comprises (1) cellulose and
lignin, (2) generally straight grains extending substantially in the height dimension, and (3) a
moisture content of from 6 to 14%. On information and belief, the solid planar member emits an
acoustic crackling sound when the candle is lit.
25.
Upon information and belief, and as discussed above, Fifth & Madison, a
manufacturer, importer, and/or seller of certain wooden wick candles, purchases their wooden
wicks from Defendant. (Exhibit M). Fifth & Madison manufactures, imports, offers for sale,
and/or sells certain candles that directly infringe at least claim 1 of the 171 Patent. (See e.g.,
Exhibit O). At least one of Fifth & Madisons candles comprises a body of meltable fuel and, on
information and belief, Defendants infringing candle wick (i.e., a solid planar member). In the
at least one of Fifth & Madisons candles, Defendants candle wick extends from the base of the
candle to a top surface of the body of meltable fuel and has a height dimension of approximately
2.5 inches, a width dimension of approximately 0.25 inches, and a thickness dimension of
approximately 0.02 inches. Accordingly, the candle wick has a height dimension that is greater
than the width dimension, a width dimension that is greater than the thickness dimension, and a
thickness dimension that is between 0.018 to 0.23 inches. On information and belief, the solid
planar wick member is made of natural wood, which comprises (1) cellulose and lignin, (2)
generally straight grains extending substantially in the height dimension, and (3) a moisture
content of from 6 to 14%. On information and belief, the solid planar member emits an acoustic
crackling sound when the candle is lit.
26.
supplied in or from the United States, and it continues to supply and/or cause to be suppled in or
from the United States, infringing candle wicks, (i) which are especially made or especially
adapted for use in the invention as claimed in at least claim 1 of the 171 Patent, (ii) which are
not a staple article or commodity of commerce suitable for substantial noninfringing use, and
(iii) where such component is uncombined in whole or in part, knowing that such component is
so made or adapted and intending that such component will be combined outside of the United
States in a manner that would infringe at least claim 1 of the 171 Patent if such combination
occurred within the United States.
27.
On information and belief and Cererias counsels February 22, 2016 letter
(Exhibit K), Defendant supplies and/or causes to be supplied from the United States its
infringing candle wicks to Cereria (located in Italy) knowing that such candle wick is so made or
adapted and intending that such candle wick will be combined outside the United States to form
a candle that infringes at least claim 1 of the 171 Patent.
28.
made or especially adapted for use in the invention as claimed in at least claim 1 of the 171
Patent.
instructions on how to combine the infringing candle wicks into a candle that directly infringes at
least claim 1 of the 171 Patent. Specifically, Defendants website instructs third-party, direct
infringers to manufacture directly infringing products as follows: Melt wax, pour into container.
Let wax start to get slushy (solidify on the bottom) center wick into wax. Thats It!
Note: Let
the
candles
set
overnight
to
cure
the
wick
before
burning.
On information and belief, Defendant actively and knowingly induces with the
specific intent to encourage third parties to combine its infringing candle wicks outside the
United States in a manner that would infringe at least claim 1 of the 171 Patent if such
combination occurred within the United States.
30.
On information and belief, Defendants infringing candle wicks are not a staple
On information and belief, Defendant has known of the 171 Patent and the
Lumetique has been irreparably damaged by such infringement and will continue
import, offer for sale, and/or sell certain candles that infringe at least claim 21 of the 409 Patent
in violation of 35 U.S.C. 271(b). At least claim 21 of the 409 Patent is directly infringed by
third-party candle manufactures/sellers by the inclusion of Defendants infringing candle wicks
into a candle with a body of meltable fuel (e.g., candle wax).
34.
Defendant was made aware of the family of patents to which the 409 Patent belongs. On
information and belief, therefore, Defendant has known of the 409 Patent. Defendant has been
aware of the 409 Patent since no later than the date of this Complaint.
10
35.
Defendant knew or should have known that its actions would induce actual
infringement. Defendant had actual knowledge that its actions would induce direct infringement
because, during the course of negotiations between Lumetique and Dream-Wick, Defendant was
made aware that third parties were directly infringing the family of patents to which the 409
Patent belongs.
36.
Additionally, upon information and belief, Defendant was made aware that third
parties were directly infringing the 409 Patent through communications with third-party
manufacturers, importers, and/or sellers that received notice letters from Lumetique.
37.
On February 2, 2016, Lumetique sent a notice letter, which specifically listed the
409 Patent, to Cereria Terenzi Evelino S.R.L. (Cereria), a manufacturer, importer, and/or
seller of certain Tiziana Terenzi wooden wick candles. (Exhibit I). On February, 12, 2016,
Cererias counsel responded to Lumetiques notice letter asserting that We are examining the
matter and well reply as soon as we reach an opinion about this issue. (Exhibit J). On
February 22, 2016, Cererias counsel sent a follow-on letter stating that they asked for
clarifications to Cereria Terenzi Evelino's supplier of wooden wick candels [sic], who put us in
touch with the manufacturer Dream Wick, Inc. of North Huntingdon, Pennsylvania.
Mrs.
Melynda DelCotto of Dream Wick, Inc. revealed us their industrial property portfolio and
stated that their products are made exclusively in the implementation of their patents, without
interfering with others. (Exhibit K). Upon information and belief, Defendant was made aware
that Cereria was directly infringing the 409 Patent through communications between Cereria
and Defendant.
38.
On February 2, 2016, Lumetique sent a notice letter, which specifically listed the
409 Patent, to Fifth & Madison and, upon information and belief, Fifth & Madisons parent
11
company Couture Brands LLC (collectively, Fifth & Madison), a manufacturer, importer,
and/or seller of certain Fifth & Madison wooden wick candles. (Exhibit L). On February, 12,
2016, a representative of Fifth & Madison counsel responded to Lumetiques notice letter stating
that You are now aware who I am getting the wicks from and if you have any issues you should
take it up with them. The statement below comes right from the website. We are purchasing them
in good faith and these patents are valid[.] Our Wicks Are Manufactured, Shipped & Protected
Under the Following US Patents: US D663450 US D669615 US D708777 - US 8708694 D715989. (Exhibit M). Defendants website asserts that Our Wicks Are Manufactured,
Shipped & Protected Under the Following US Patents: US D663450 US D669615 US
D708777 - US 8708694 - D715989. (Exhibit H). Upon information and belief, Defendant was
made aware that Fifth & Madison was directly infringing the 409 Patent through
communications between Fifth & Madison and Defendant.
39.
To the extent that Defendant did not have actual knowledge that its actions
would induce direct infringement, upon information and belief, Defendant was willfully blind to
the act of direct infringement by taking active efforts to avoid knowing about the infringing
conduct of the third parties who manufacture, import, offer for sale, and/or sell certain candles
that infringe at least claim 21 of the 409 Patent.
40.
Defendant manufactures, imports, offers for sale, and/or sells certain candle wicks
Defendant actively and knowingly induces with the specific intent to encourage
third parties to manufacture, import, offer for sale, and/or sell certain candles that directly
12
(http://www.unitywoodenwicks.com/wicks.html, Exhibit G,
importer, and/or seller of certain Tiziana Terenzi wooden wick candles, purchases their wooden
wicks from Defendant. (Exhibit K). Cereria manufactures, imports, offers for sale, and/or sells
certain candles that directly infringe at least claim 21 of the 409 Patent. (See e.g., Exhibit N).
At least one of Cererias Tiziana Terenzi candles comprises a body of meltable fuel and, on
information and belief, Defendants infringing candle wick (i.e., a solid planar member). In the
at least one of Cererias Tiziana Terenzi candles, Defendants candle wick comprises at least a
first layer and a second layer, wherein each layer of the candle wick extends from the base of the
candle to a top surface of the body of meltable fuel and has a height dimension of approximately
1.9 inches, a width dimension of approximately 0.25 inches, and a thickness dimension of
approximately 0.02 inches. Accordingly, each layer of the candle wick has a height dimension
that is greater than the width dimension, a width dimension that is greater than the thickness
13
dimension, and a thickness dimension that is between 0.018 to 0.23 inches. Defendants candle
wick has at least a portion of a single surface of the first layer defined by the height and width
dimensions that is adhered to at least a portion of a single surface of the second layer defined by
the height and width dimensions. On information and belief, at least the first layer of the solid
planar wick is made of natural wood, which comprises (1) cellulose and lignin and (2) generally
straight grains extending substantially in the height dimension. On information and belief, the
solid planar wick emits an acoustic crackling sound when the candle is lit.
43.
Upon information and belief, and as discussed above, Fifth & Madison, a
manufacturer, importer, and/or seller of certain wooden wick candles, purchases their wooden
wicks from Defendant. (Exhibit M). Fifth & Madison manufactures, imports, offers for sale,
and/or sells certain candles that directly infringe at least claim 21 of the 409 Patent. (See e.g.,
Exhibit O). At least one of Fifth & Madisons candles comprises a body of meltable fuel and, on
information and belief, Defendants infringing candle wick (i.e., a solid planar member). In the
at least one of Fifth & Madisons candles, Defendants candle wick comprises at least a first
layer and a second layer, wherein each layer of the candle wick extends from the base of the
candle to a top surface of the body of meltable fuel and has a height dimension of approximately
2.5 inches, a width dimension of approximately 0.25 inches, and a thickness dimension of
approximately 0.02 inches. Accordingly, each layer of the candle wick has a height dimension
that is greater than the width dimension, a width dimension that is greater than the thickness
dimension, and a thickness dimension that is between 0.018 to 0.23 inches. Defendants candle
wick has at least a portion of a single surface of the first layer defined by the height and width
dimensions that is adhered to at least a portion of a single surface of the second layer defined by
the height and width dimensions. On information and belief, at least the first layer of the solid
14
planar wick is made of natural wood, which comprises (1) cellulose and lignin and (2) generally
straight grains extending substantially in the height dimension. On information and belief, the
solid planar wick emits an acoustic crackling sound when the candle is lit.
44.
supplied in or from the United States, and it continues to supply and/or cause to be suppled in or
from the United States, infringing candle wicks, (i) which are especially made or especially
adapted for use in the invention as claimed in at least claim 21 of the 409 Patent, (ii) which are
not a staple article or commodity of commerce suitable for substantial noninfringing use, and
(iii) where such component is uncombined in whole or in part, knowing that such component is
so made or adapted and intending that such component will be combined outside of the United
States in a manner that would infringe at least claim 21 of the 409 Patent if such combination
occurred within the United States.
45.
On information and belief and Cererias counsels February 22, 2016 letter
(Exhibit K), Defendant supplies and/or causes to be supplied from the United States its
infringing candle wicks to Cereria (located in Italy) knowing that such candle wick is so made or
adapted and intending that such candle wick will be combined outside the United States to form
a candle that infringes at least claim 21 of the 409 Patent.
46.
made or especially adapted for use in the invention as claimed in at least claim 21 of the 409
Patent.
instructions on how to combine the infringing candle wicks into a candle that directly infringes at
least claim 21 of the 409 Patent. Specifically, Defendants website instructs third-party, direct
infringers to manufacture directly infringing products as follows: Melt wax, pour into container.
15
Let wax start to get slushy (solidify on the bottom) center wick into wax. Thats It!
Note: Let
the
candles
set
overnight
to
cure
the
wick
before
burning.
On information and belief, Defendant actively and knowingly induces with the
specific intent to encourage third parties to combine its infringing candle wicks outside the
United States in a manner that would infringe at least claim 21 of the 409 Patent if such
combination occurred within the United States.
48.
On information and belief, Defendants infringing candle wicks are not a staple
On information and belief, Defendant has known of the 409 Patent and the
Lumetique has been irreparably damaged by such infringement and will continue
import, offer for sale, and/or sell certain candles that infringe at least claim 1 of the 275 Patent
in violation of 35 U.S.C. 271(b). At least claim 1 of the 275 Patent is directly infringed by
16
Defendant was made aware of the family of patents to which the 275 Patent belongs. On
information and belief, therefore, Defendant has known of the 275 Patent. Defendant has been
aware of the 275 Patent since no later than the date of this Complaint.
54.
Defendant knew or should have known that its actions would induce actual
infringement. Defendant had actual knowledge that its actions would induce direct infringement
because, during the course of negotiations between Lumetique and Dream-Wick, Defendant was
made aware that third parties were directly infringing the family of patents to which the 275
Patent belongs.
55.
On February 2, 2016, Lumetique sent a notice letter, which specifically listed the
parent patent (U.S. Patent No. 8,348,662) to the 275 Patent, to Cereria Terenzi Evelino S.R.L.
(Cereria), a manufacturer, importer, and/or seller of certain Tiziana Terenzi wooden wick
candles. (Exhibit I). On February, 12, 2016, Cererias counsel responded to Lumetiques notice
letter asserting that We are examining the matter and well reply as soon as we reach an opinion
about this issue. (Exhibit J). On February 22, 2016, Cererias counsel sent a follow-on letter
stating that they asked for clarifications to Cereria Terenzi Evelino's supplier of wooden wick
candels [sic], who put us in touch with the manufacturer Dream Wick, Inc. of North Huntingdon,
Pennsylvania. Mrs. Melynda DelCotto of Dream Wick, Inc. revealed us their industrial property
portfolio and stated that their products are made exclusively in the implementation of their
patents, without interfering with others. (Exhibit K). Upon information and belief, Defendant
was made aware that Cereria was directly infringing the 275 Patent through communications
17
On February 2, 2016, Lumetique sent a notice letter, which specifically listed the
parent patent (U.S. Patent No. 8,348,662) to the 275 Patent, to Fifth & Madison and, upon
information and belief, Fifth & Madisons parent company Couture Brands LLC (collectively,
Fifth & Madison), a manufacturer, importer, and/or seller of certain Fifth & Madison wooden
wick candles. (Exhibit L). On February, 12, 2016, upon information and belief, a representative
of Fifth & Madison counsel responded to Lumetiques notice letter stating that You are now
aware who I am getting the wicks from and if you have any issues you should take it up with
them. The statement below comes right from the website. We are purchasing them in good faith
and these patents are valid[.] Our Wicks Are Manufactured, Shipped & Protected Under the
Following US Patents: US D663450 US D669615 US D708777 - US 8708694 - D715989.
(Exhibit M).
Defendants website asserts that Our Wicks Are Manufactured, Shipped &
To the extent that Defendant did not have actual knowledge that its actions
would induce direct infringement, upon information and belief, Defendant was willfully blind to
the act of direct infringement by taking active efforts to avoid knowing about the infringing
conduct of the third parties who manufacture, import, offer for sale, and/or sell certain candles
that infringe at least claim 1 of the 275 Patent.
58.
Defendant manufactures, imports, offers for sale, and/or sells certain candle wicks
and candle wick holders (also known as sustainers or tabs) on their website
18
at
www.unitywoodenwicks.com/original_wicks.html,
Exhibit
F,
and
Defendant actively and knowingly induces with the specific intent to encourage
third parties to manufacture, import, offer for sale, and/or sell certain candles that directly
infringe at least claim 1 of the 275 Patent.
importer, and/or seller of certain Tiziana Terenzi wooden wick candles, purchases their wooden
wicks from Defendant. (Exhibit K). Cereria manufactures, imports, offers for sale, and/or sells
certain candles that directly infringe at least claim 1 of the 275 Patent. (See e.g., Exhibit N). At
19
least one of Cererias Tiziana Terenzi candles comprises a body of meltable fuel and, on
information and belief, Defendants infringing candle wick (i.e., a solid planar member). Upon
information and belief, the at least one of Cererias Tiziana Terenzi candles includes Defendants
wick holder. Defendants wick holder comprises a planar base member having a top surface and
a bottom surface and two separate substantially vertical plates extending from the top surface of
the planar base. The vertical plates of Defendants wick holder are spaced apart to accommodate
the solid planar wick and hold Defendants candle wick in an upright position. The entirety of
Defendants wick holder is below the top surface of the body of meltable fuel in the at least one
of Cererias Tiziana Terenzi candles. In the at least one of Cererias Tiziana Terenzi candles,
Defendants candle wick extends from the base of the candle to above a top surface of the body
of meltable fuel and has a height dimension of approximately 1.9 inches, a width dimension of
approximately 0.25 inches, and a thickness dimension of approximately 0.02 inches.
Accordingly, the candle wick has a height dimension that is greater than the width dimension, a
width dimension that is greater than the thickness dimension, and a thickness dimension that is
between 0.018 to 0.23 inches. On information and belief, the solid planar wick member is made
of natural wood, which comprises (1) cellulose and lignin and (2) generally straight grains
extending substantially in the height dimension. On information and belief, the solid planar
member emits an acoustic crackling sound when the candle is lit.
61.
Upon information and belief, and as discussed above, Fifth & Madison, a
manufacturer, importer, and/or seller of certain wooden wick candles, purchases their wooden
wicks from Defendant. (Exhibit M). Fifth & Madison manufactures, imports, offers for sale,
and/or sells certain candles that directly infringe at least claim 21 of the 409 Patent. (See e.g.,
Exhibit O). At least one of Fifth & Madisons candles comprises a body of meltable fuel and, on
20
information and belief, Defendants infringing candle wick (i.e., a solid planar member). Upon
information and belief, the at least one of Fifth & Madisons candles includes Defendants wick
holder. Defendants wick holder comprises a planar base member having a top surface and a
bottom surface and two separate substantially vertical plates extending from the top surface of
the planar base. The vertical plates of Defendants wick holder are spaced apart to accommodate
the solid planar wick and hold Defendants candle wick in an upright position. The entirety of
Defendants wick holder is below the top surface the body of meltable fuel in the at least one of
Fifth & Madisons candles. In the at least one of Fifth & Madisons candles, Defendants candle
wick extends from the base of the candle to above a top surface of the body of meltable fuel and
has a height dimension of approximately 2.5 inches, a width dimension of approximately 0.25
inches, and a thickness dimension of approximately 0.02 inches. Accordingly, the candle wick
has a height dimension that is greater than the width dimension, a width dimension that is greater
than the thickness dimension, and a thickness dimension that is between 0.018 to 0.23 inches.
On information and belief, the solid planar wick member is made of natural wood, which
comprises (1) cellulose and lignin and (2) generally straight grains extending substantially in the
height dimension.
supplied in or from the United States, and it continues to supply and/or cause to be suppled in or
from the United States, infringing candle wicks, (i) which are especially made or especially
adapted for use in the invention as claimed in at least claim 1 of the 275 Patent, (ii) which are
not a staple article or commodity of commerce suitable for substantial noninfringing use, and
(iii) where such component is uncombined in whole or in part, knowing that such component is
21
so made or adapted and intending that such component will be combined outside of the United
States in a manner that would infringe at least claim 1 of the 275 Patent if such combination
occurred within the United States.
63.
On information and belief and Cererias counsels February 22, 2016 letter
(Exhibit K), Defendant supplies and/or causes to be supplied from the United States its
infringing candle wicks to Cereria (located in Italy) knowing that such candle wick is so made or
adapted and intending that such candle wick will be combined outside the United States to form
a candle that infringes at least claim 1 of the 275 Patent.
64.
made or especially adapted for use in the invention as claimed in at least claim 1 of the 275
Patent.
instructions on how to combine the infringing candle wicks into a candle that directly infringes at
least claim 1 of the 275 Patent. Specifically, Defendants website instructs third-party, direct
infringers to manufacture directly infringing products as follows: Melt wax, pour into container.
Let wax start to get slushy (solidify on the bottom) center wick into wax. Thats It!
Note: Let
the
candles
set
overnight
to
cure
the
wick
before
burning.
On information and belief, Defendant actively and knowingly induces with the
specific intent to encourage third parties to combine its infringing candle wicks outside the
United States in a manner that would infringe at least claim 1 of the 275 Patent if such
combination occurred within the United States.
22
66.
On information and belief, Defendants infringing candle wicks are not a staple
On information and belief, Defendant has known of the 275 Patent and the
Lumetique has been irreparably damaged by such infringement and will continue
Upon information and belief, Defendant manufactures, imports, offers for sale,
and/or sells certain candle products that infringe the 459 patent. For example, upon information
and belief, Defendant manufactures, imports, offers for sale, and/or sells certain candle wicks on
their website (www.unitywoodenwicks.com), including their single ply wooden wicks
(available at www.unitywoodenwicks.com/original_wicks.html, Exhibit F), double ply
wooden wicks (available at www.unitywoodenwicks.com/wicks.html, Exhibit G). The following
exemplary comparison of Defendants candle wick with the patented design further demonstrates
infringement:
23
71.
Defendant was made aware of the family of patents to which the 459 Patent belongs. On
information and belief, therefore, Defendant has known of the 459 Patent. Defendant has been
aware of the 459 Patent since no later than the date of this Complaint.
72.
On information and belief, Defendant has known of the 459 Patent and the
Lumetique has been irreparably damaged by such infringement and will continue
24
import, offer for sale, and/or sell certain candles that infringe the 359 Patent in violation of 35
U.S.C. 271(b). The 359 Patent is directly infringed by third-party candle manufactures/sellers
by the inclusion of Defendants infringing candle wicks into the center of a candle with a circular
top.
76.
Defendant was made aware of the family of patents to which the 359 Patent belongs when only
the 359 patent and a few other Lumetique patents had issued. On information and belief,
therefore, Defendant has known of the 359 Patent since at least June 29, 2014. Exhibit T.
Defendant has been aware of the 359 Patent since no later than the date of this Complaint.
77.
Defendant knew or should have known that its actions would induce actual
infringement. Defendant had actual knowledge that its actions would induce direct infringement
because, during the course of negotiations between Lumetique and Dream-Wick, Defendant was
made aware that third parties were directly infringing the family of patents to which the 359
Patent belongs.
78.
Additionally, upon information and belief, Defendant was made aware that third
parties were directly infringing the 359 Patent through communications with third-party
manufacturers, importers, and/or sellers that received notice letters from Lumetique.
79.
On February 2, 2016, Lumetique sent a notice letter, which specifically listed the
359 Patent, to Cereria Terenzi Evelino S.R.L. (Cereria), a manufacturer, importer, and/or
25
seller of certain Tiziana Terenzi wooden wick candles. (Exhibit I). On February, 12, 2016,
Cererias counsel responded to Lumetiques notice letter asserting that We are examining the
matter and well reply as soon as we reach an opinion about this issue. (Exhibit J). On
February 22, 2016, Cererias counsel sent a follow-on letter stating that they asked for
clarifications to Cereria Terenzi Evelino's supplier of wooden wick candels [sic], who put us in
touch with the manufacturer Dream Wick, Inc. of North Huntingdon, Pennsylvania.
Mrs.
Melynda DelCotto of Dream Wick, Inc. revealed us their industrial property portfolio and
stated that their products are made exclusively in the implementation of their patents, without
interfering with others. (Exhibit K). Upon information and belief, Defendant was made aware
that Cereria was directly infringing the 359 Patent through communications between Cereria
and Defendant.
80.
To the extent that Defendant did not have actual knowledge that its actions
would induce direct infringement, upon information and belief, Defendant was willfully blind to
the act of direct infringement by taking active efforts to avoid knowing about the infringing
conduct of the third parties who manufacture, import, offer for sale, and/or sell certain candles
that infringe the 359 Patent.
81.
Defendant manufactures, imports, offers for sale, and/or sells certain candle wicks
Defendant actively and knowingly induces with the specific intent to encourage
third parties to manufacture, import, offer for sale, and/or sell certain candles that directly
infringe the 359 Patent.
26
Defendant provides instructions on how to combine the infringing candle wicks into a candle that
directly infringes the 359 Patent. Specifically, Defendants website instructs third-party, direct
infringers to manufacture directly infringing products as follows: Melt wax, pour into container.
Let wax start to get slushy (solidify on the bottom) center wick into wax. Thats It!
Note: Let
the
candles
set
overnight
to
cure
the
wick
before
burning.
importer, and/or seller of certain Tiziana Terenzi wooden wick candles, purchases their wooden
wicks from Defendant. (Exhibit K). Cereria manufactures, imports, offers for sale, and/or sells
certain candles that directly infringe the 359 Patent. (See e.g., Exhibit N). The following
exemplary comparison of one of Cererias candles with the patented design further demonstrates
infringement:
27
84.
On information and belief, Defendant has known of the 359 Patent and the
Lumetique has been irreparably damaged by such infringement and will continue
28
Lumetique has engaged in discussions with many wooden wick suppliers and
manufacturers, sellers, and/or importers of candles that use wooden wicks in order to establish a
contractual relationship with the supplier, manufacturer, seller, and/or importer.
Exhibits I, L, and P.
See e.g.,
contractual relationships. However, upon information and belief, many of these prospective
contractual relationships were terminated by Defendants tortious and intentional interference.
88.
Lumetique entered into prospective contractual relationship with Cereria through the exchange
of letters. See Exhibits I, J, K. As discussed above, based on information and belief, Cereria
infringes one or more of Lumetiques patents. Accordingly, upon information and belief, but for
Defendants tortious interference Cereria would have entered into a business relationship with
Lumetique.
89.
Based on Cererias letter to Lumetique dated February 22, 2016, Cereria informed
Defendant of the prospective contractual relationship between Cereria and Lumetique. See
Exhibit K. Specifically, Cererias letter states that we have examined the Lumetiques Patents
and asked for clarifications to Cereria Terenzi Evelinos supplier of wooden wick candels [sic]
who put us in touch with the manufacturer Dream Wick, Inc. of North Huntingdon,
Pennsylvania. Exhibit K.
90.
Upon information and belief, but for Defendants tortious interference Cereria
would have entered into a business relationship with Lumetique. Defendant tortuously interfered
with Lumetiques prospective contractual relationship with Cereria by misrepresenting and
29
deceiving Cereria that their products are made exclusively in the implementation of their
patents, without interfering with others. (Exhibit K). Additionally, upon information and
belief, Defendant tortuously interfered with Lumetiques prospective contractual relationship
with Cereria by willfully selling, manufacturing, and/or importing wooden candle wicks that
infringe at least one of Lumetiques patents, as discussed in the preceding paragraphs.
91.
informed Lumetique that it was terminating its prospective contractual relationship based on the
tortious interference of Defendant. (See Exhibit K). Specifically, Cererias letter states that We
have reviewed all the Patents in relation to the goods of Cereria Terenzi Evelino S.r.l. and it
seems to us that Mrs DelCottos statements are quite convincing. If so, it seems to us that it is
not in the interest of our Client [to] incur additional disbursements to acquire other licenses;
anyway we remain at your disposal for any further discussion on the matter. (Exhibit K).
92.
For
example, the termination of the prospective contractual relationship caused Lumetique to lose the
potential profits gained from the prospective contractual relationship.
REQUEST FOR A JURY TRIAL
93.
30
(b) That Defendant be ordered to pay attorneys fees pursuant to 35 U.S.C. 285 for each
of the Patents-In-Suit;
(c) That Defendant be ordered to pay enhanced and treble damages for Defendants
egregious and thus willful infringement of each of the Patents-In-Suit pursuant to 35 U.S.C.
284;
(d) That Defendant, its officers, agents, servants, employees, and those persons acting in
active concert or in participation with it be enjoined from further infringement of each of the
Patents-In-Suit pursuant to 35 U.S.C. 283;
(e) That Defendant be ordered to pay damages adequate to compensate Lumetique for
Defendants tortious interference with prospective contractual relationships;
(f) That Defendant be ordered to pay prejudgment interest;
(g) That Defendant be ordered to pay all costs associated with this action; and
(h) That Lumetique be granted such other and additional relief as the Court deems just
and proper.
31
RESPECTFULLY SUBMITTED,
/s/ Chad S. C. Stover
Chad S.C. Stover (No. 4919)
BARNES & THORNBURG LLP
1000 N. West Street, Suite 1500
Wilmington, Delaware 19801-1050
Telephone: (302) 300-3474
Facsimile: (302) 300-3456
E-mail: Chad.Stover@btaw.com
Eric W. Schweibenz (pro hac vice forthcoming)
Andrew M. Ollis (pro hac vice forthcoming)
Thomas C. Yebernetsky (pro hac vice forthcoming)
OBLON, McCLELLAND, MAIER &
NEUSTADT, L.L.P.
1940 Duke Street
Alexandria, Virginia 22314
Telephone: (703) 413-3000
Facsimile: (703) 413-2220
E-mail: eschweibenz@oblon.com
E-mail: aollis@oblon.com
E-mail: tyebernetsky@oblon.com
Attorneys for Plaintiff Lumetique, Inc.
32
EXHIBIT A
(12)
(10)
Decker
(45)
(54)
(75)
Inventor:
(73)
( *)
Notice:
170,158
197,902
252,590
275,293
323,058
(21)
(22)
Filed:
Patent No.:
US 8,961,171 B2
Date of Patent:
Feb. 24,2015
1111875 Cushing
A
A * 12/1877 Scott ............................. 4311325
A
111882 Loper
A
4/1883 Tisdale
A
7/1885 Mitchell
(Continued)
FOREIGN PATENT DOCUMENTS
EP
FR
1245663
2639356
10/2002
*
5/1990
(Continued)
OTHER PUBLICATIONS
(65)
Aug. 2, 2010
Prior Publication Data
US 201110027735 Al
Feb. 3, 2011
(Continued)
(60)
(51)
Int. Cl.
F23D3116
(2006.01)
F23D3118
(2006.01)
U.S. Cl.
CPC ........................................ F23D 3116 (2013.01)
USPC ........................................... 4311288; 4311325
Field of Classification Search
USPC .......... 4311288,289,298,325,291,352,320
See application file for complete search history.
(52)
(58)
(56)
References Cited
U.S. PATENT DOCUMENTS
(57)
Spivak,
ABSTRACT
References Cited
(56)
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
S
A
A
A
A
A
A
A
A
A
A
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
511888
1111889
711890
911890
711906
511918
1011919
811921
1111923
311926
711927
111928
211928
411930
1111931
111932
611934
911935
211938
811939
511941
711943
411945
311949
911952
811956
1011957
611962
411963
311965
1111966
211968
411968
911968
211969
811969
211971
611971
111972
1211972
911973
911973
511975
1211976
1211981
511983
1011984
1211985
211986
211986
711987
911987
211988
211989
611989
811989
411990
511991
1211991
911994
1111994
111996
111997
1111997
1111997
611998
911998
1111998
1211998
311999
5,967,769
6,017,373
6,033,210
6,063,144
6,068,472
6,074,199
6,076,515
6,129,771
6,241,512
6,276,925
6,409,501
6,419,713
6,440,184
6,454,561
6,471,899
6,508,644
6,554,448
6,568,934
6,783,356
6,793,484
6,793,697
6,823,780
6,863,525
7,568,913
200110029003
200110043469
200210013444
200210018976
200210022205
2003/0036028
2004/0029061
2004/0033463
2005/0037308
A
A *
A
A
A
A
A
A
Bl
Bl
Bl
Bl
B2
Bl *
B2
Bl *
B2
Bl
B2
B2 *
B2
B2
B2 *
B2 *
Al
Al
Al *
Al
Al *
Al
Al *
Al *
Al
10/1999
112000
3/2000
5/2000
5/2000
6/2000
6/2000
1012000
6/2001
8/2001
6/2002
7/2002
8/2002
912002
1012002
112003
4/2003
5/2003
8/2004
912004
912004
1112004
3/2005
8/2009
10/2001
1112001
112002
212002
212002
212003
212004
212004
212005
Thompson
Frisch ............................. 44/535
Freeman
Calzada et aI.
Freeman et al.
Song
Smith
Ficke
Freeman et al.
Varga
Pappas
Durand et al.
Noda et aI.
Colthar et al. ................ 4311289
Daiber et al.
Pesu et al. ....................... 431135
Carpenter
Butler
Hermanson
Pesu et al. ....................... 431135
Sprules et al.
Vogt et al.
Byrd ............................... 431135
Decker et al. ................. 4311325
Zou
Carpenter et al.
Jones et al.
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Elliott et al. .................... 431135
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Dibnah et aI. ................ 4311291
Pesu et al. ..................... 4311289
Decker
2811676
9903818
*
*
112002
5/2000
OTHER PUBLICATIONS
Swedish Patent: SE 9903818, "Outdoor Candle", Ebeling, Oct. 1999
(English Language Translation), 1-8 pages. *
Forest Products Laboratory Wood Handbook-Wood as an Engineering Material. (pp. 10-1, 10-7). U.S. Department of Agriculture.
2001. (Chapter 10 of the book is Provided, Titled: Wood Based
Composites and Panel Products by John Youngquist. *
Firewood for Your Fireplace; Warren Donnelly; Oct. 1974; pp.
18,25,34,35,37,84,85,88-95.
Swedish Patent No. 9903818; English language translation; Gunnar
Ebeling; May 2,2000; pp. la-7.
www.CLARLUSSP.comicandleslindex.php. "Waxes: Candles."
Internet printout on Jul. 6, 2006, 1 page.
www.wetestit.comiwax.htm. "Wax." Internet printout on Jul. 6,
2006, 3 pages.
Improvements Catalong, [Online], [Retrieved on Jan. 11, 2005],
Retrieved from the Internet: http://www.improvementscatalog.comi
Parent.asp?product~240717x&dept%5F id~300&subdept%5Fid~
304>.
World Flame Catalog, [Online], [Retrieved on Jan. 11, 2005],
Retrieved from the Internet: http://www.golighttheworld.comiStore/
ProductJCategoryInfo.aspx?cid~7>.
* cited by examiner
u.s. Patent
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10
15
BACKGROUND
Historically, candles served a functional purpose, but today
they are further used to enhance decoration, aroma and ambiance. References to candles date back to at least 3000 B.C. in
Crete and Egypt. Candle making as known today, began in the
13th Century. Candle molding machines were developed in
the 15th Century. The braided wick was introduced in 1825. A
continuous wicking machine was invented in 1834. Manufactured paraffin was introduced in 1850, providing an alternative to tallow. In 1854 paraffin and stearin were combined to
create stronger candles, very similar to those used today.
Through the past century, a number of "modem" technical
innovations have been introduced to improve candle performance and production. Most of the focus has been towards
advancing manufacturing methods (U.S. Pat. Nos. 3,964,858;
4,291,458; 4,830,330; 5,537,989; 5,927,965; 6,228,304),
improved wick sustainers (U.S. Pat. Nos. 3,819,342; 4,332,
548; 4,818,214; 5,690,484; 5,842,850; 5,961,318; 6,062,847;
6,454,561; 6,508,644), varying waxes formulations (U.S. Pat.
Nos. 6,066,329; 6,342,080; 6,562,085; 6,599,334), and
improving woven (i.e. braided) wick technology (U.S. Pat.
Nos. 3,940,233; 4,790,747; 5,124,200). (The entire contents
of all of the patents and other publications mentioned anywhere in this disclosure are hereby incorporated by reference
in their entireties.)
Traditionally, a candle is made up of a single or multi
combustible, porous core or wick surrounded by a fusible,
flammable solid wax or wax-like material, such as absolute or
blends of petroleum (paraffin) wax, mineral (montan) wax,
synthetic wax (polyethylene or Fischer Tropsch), natural
waxes (vegetable or animal) and clear candle waxes or "gels"
(ETPA). Prior art shows candle wicks referring to cotton or
cotton-like materials (i.e. rayon, nylon, hemp) woven, or
braided and with or without a "self-supporting" core material
such as metal, paper, cotton, polyethylene fiber or a stiffing
agent. When a candle is lit, the heat from the flame melts the
solid fuel and the resulting liquid then flows up the wick by
capillarity. This liquid is subsequently vaporized, the middle
zone of the flame is where the vapor is partially decomposed,
and the outer layer is marked by combustion of the vapor and
the emission of carbon dioxide, water and other vapors into
the atmosphere. The wick is the pivotal component for a
candle to bum. Although there have been improvements in
candle systems and wicks over the past century, there are still
complications, limitations and hazards associated with prior
wick technologies.
InAugust 1997,ASTM Subcommittee F15.45 was formed
to address candle fire safety issues and to set safety standards.
The frequency of injuries associated with candles approxi-
20
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30
SUMMARY
Directed to overcoming the foregoing and other shortcomings and drawbacks of candle wicks and systems heretofore
known, the present invention embodies a planar wick and the
method and equipment to produce the same. In preferred
forms, the present invention includes wood, wood-like or
semi-wood wicks that provide improved capillary flow as
well as increase the functional surface area. This candle wick
provides additional decoration and an acoustic release. In
accordance with principles of the present invention, a candle
wick is provided which is particularly designed to burn efficiently in a candle system without producing undesirable
smoke and carbon heading. In addition, the wicks are capable
of creating a more stable and unifonn wax pool diameter. The
candle wick is designed to change the physical shape of the
flame to thereby provide maximum burning efficiency.
Candles of the present invention provide a safer, cleaner
burning, decorative, multi-sensory alternative to the prior
wick technology.
The present invention provides a candle having a body of a
meltable fuel and a planar wick. The meltable fuel can be
vegetable-based, paraffin, beeswax, carnauba, candelillia,
polymers, polyolesters or other "fuels" as would be apparent
to those skilled in the art from this disclosure. When the wick
is lit, the candle provides a unique flame formation, usable in
a variety of decorative applications. The wick can be configured to evenly deplete the meltable fuel, while allowing for
candles having relatively large and unique body configurations. Optionally, the body of candle and/or the wick may
include scented oil to promote the release of fragrance upon
heating and the wick may comprise wood, thereby providing
an acoustic contribution to ambiance, improved combustion
that generates less soot than conventional candles.
It is recognized in the analysis of wood that a species or
genus or a complete botanical affinity or family name is given.
Each species is typically described in tenns of its trade, dis-
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14
14. The candle wick of claim 1, wherein the width dimentions. Optionally, the candle may include scented oil to promote the release of fragrance upon heating and the wick can
sion of the solid planar member is from 1 to 12 inches.
be made of wood, semi-wood or wood-like material with a
15. The candle of claim 1, wherein the width dimension of
straight, vertical grain to provide an acoustic contribution to
the solid planar member is from 3/16 to 3 inches.
ambiance when lit. The present invention thus provides a
16. The candle wick claim 1, further comprising a second
candle having improved combustion, that provides a unique
member adhered to the solid planar member.
flame formation, that has a wick that is safer, remains rigid
17. The candle wick of claim 16, wherein the second memthroughout its use, improves combustion and that makes an
ber is substantially identical to the solid planar member.
acoustic contribution to ambiance.
18. The candle of claim 16, wherein the second member is
From the foregoing detailed description, it will be evident 10
formed of a different material than the solid planar member.
that there are a number of changes, adaptations and modifi19. The candle of claim 16, wherein the solid planar memcations of the present invention which come within the provber comprises wood and the second member comprises cotince of those skilled in the art. The scope of the invention
ton.
includes any combination of the elements from the different
20. The candle of claim 19, further comprising a third
species or embodiments disclosed herein, as well as subas- 15
member
comprising wood.
semblies, assemblies, and methods thereof However, it is
21. The candle of claim 20, wherein the second member is
intended that all such variations not departing from the spirit
interposed between the solid planar member and the third
of the invention be considered as within the scope thereof.
member.
The invention claimed is:
22. The candle of claim 16, wherein at least one of the solid
1. A candle, comprising:
20
planar member and the second member comprises a fibera solid planar member; and
a body of meltable fuel;
board material.
wherein:
23. The candle of claim 16, wherein at least one of the solid
planar member and the second member comprises an
the solid planar member has a height dimension, a width
25 unwoven fibrous material.
dimension, and a thickness dimension;
the height dimension is greater than the width dimension
24. The candle of claim 16, wherein at least one of the solid
planar member and the second member comprises wood parand extends from a base of the candle to a top surface of
the body of meltable fuel;
ticles that have been adhered, bonded, pressed and cut to size.
the width dimension is greater than the thickness dimen25. The candle of claim 16, wherein at least one of the solid
30 planar member and the second member comprises added
sion;
reslll.
the thickness dimension is from 0.018 to 0.23 inches;
26. The candle of claim 1,
the solid planar member comprises cellulose, and lignin;
wherein the candle wick is held in an upright position by a
the solid planar member comprises generally straight
wick holder.
grains extending substantially in the height dimension;
27. The candle of claim 1, wherein the thickness dimension
the solid planar member has a moisture content of from 6 to 35
14%; and
is from 0.019 to 0.125 inches.
the solid planar member emits an acoustic crackling sound
28. The candle of claim, wherein the thickness dimension
when the candle is lit.
is from 0.019 to 0.028 inches.
2. The candle of claim 1, wherein the solid planar member
29. The candle of claim 1, comprising at least one addi40 tional solid planar member.
comprises poplar wood.
3. The candle of claim 1, wherein the solid planar member
30. The candle of claim 29, wherein the solid planar memcomprises cherry wood.
ber and the additional solid planar member are arranged to
4. The candle of claim 1, wherein the solid planar member
have an X-shape when viewed from above.
comprises maple wood.
31. A candle wick, comprising:
5. The candle of claim 1, wherein the solid planar member 45
a solid planar member; and
is coated with a meltable fuel.
a second member;
6. The candle of claim 5, wherein the meltable fuel comwherein:
prises at least one member selected from the group consisting
the solid planar member has a height dimension, a width
of beeswax, camauba wax, candelilla wax and vegetabledimension, and a thickness dimension;
based waxes.
50
the height dimension is greater than the width dimension;
7. The candle of claim 5, wherein the meltable fuel comthe width dimension is greater than the thickness dimenprises at least one member selected from the group consisting
sion;
of petroleum-based waxes.
the thickness dimension is from 0.018 to 0.23 inches;
8. The candle of claim 5, wherein the meltable fuel comeach of the solid planar member and the second member
prises at least one member selected from the group consisting 55
comprises a fibrous material;
of synthetic waxes.
the wick emits an acoustic crackling sound when provided
9. The candle of claim 1, wherein the solid planar member
in a candle and lit; and the solid planar member comhas been subjected to at least one treatment selected from the
prises generally straight grains extending substantially
group consisting of bleaching, dyeing and printing.
in a direction from a base for the candle to a top surface
10. The candle of claim 1, wherein the solid planar member 60
of the candle when the wick is provided in the candle.
32. The candle wick of claim 31, wherein the second memhas been subjected to drying.
ber is adhered to the solid planar member with wax.
11. The candle of claim 1, wherein the height dimension of
33. The candle wick of claim 31, wherein the second memthe solid planar member is from 1h inch to four feet.
12. The candle wick of claim 1, wherein the height dimenber is substantially identical to the solid planar member.
34. The candle wick of claim 31, wherein the second mem65
sion of the solid planar member is from 1 inch to six feet.
ber comprises a different fibrous material than the solid planar
13. The candle of claim 1, wherein the height dimension of
the rigid planar member is from 1 to 9 inches.
member.
15
35. The candle wick of claim 31, wherein the solid planar
member comprises wood and the second member comprises
cotton.
36. The candle wick of claim 35, further comprising a third
member comprising wood.
37. The candle wick of claim 36, wherein the second member is interposed between the solid planar member and the
third member.
38. The candle wick of claim 31, wherein the solid planar
member and the second member are arranged to have an
X-shape when viewed from above.
39. The candle of claim 1, wherein the solid planar member
comprises a curved portion when viewed from above.
40. The candle of claim 31, wherein the solid planar member comprises a curved portion when viewed from above.
41. The candle of claim 1, comprising multiple solid planar
members.
42. The candle of claim 41, wherein the multiple solid
planar members differ in dimension.
43. The candle of claim 31, comprising multiple solid
planar members.
44. The candle of claim 43, wherein the multiple solid
planar members differ in dimension.
* * * * *
10
15
20
EXHIBIT B
EXHIBIT C
(12)
(54)
(10)
Decker
(45)
(75)
Inventor:
(73)
( *)
Notice:
(56)
52,231
59,839
123,917
170,158
EP
FR
Filed:
(65)
(Continued)
Feb. 3, 2011
(60)
(51)
Int. Cl.
F23D3116
(2006.01)
(2006.01)
F23D3118
U.S. Cl.
CPC ........................................ F23D 3116 (2013.01)
Field of Classification Search
USPC .......................... 4311288,289,298,325,291
See application file for complete search history.
(52)
(58)
5/1990
* 10/2002
OTHER PUBLICATIONS
Aug. 2, 2010
US 201110027737 Al
1245663
2639356
(Continued)
(22)
(Continued)
References Cited
U.S. PATENT DOCUMENTS
(21)
Patent No.:
US 9,261,275 B2
Date of Patent:
*Feb.16,2016
(57)
100
\
ABSTRACT
140
"
y2.
,
References Cited
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A
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A
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A
A
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A
A
A
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S
A
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A
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*
*
*
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*
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*
1211877
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511888
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711890
911890
711906
511918
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811921
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411968
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511983
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911987
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6,508,644
6,554,448
6,568,934
6,783,356
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6,793,697
6,823,780
6,863,525
7,568,913
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Al
Al
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Swedish Patent: SE 9903818, "Outdoor Candle", Ebeling, Oct. 1999
(English Language Translation), 1-8 pages. *
Firewood for Your Fireplace; Warren Donnelly; Oct. 1974; pp.
18,25,34,35,37,84,85,88-95.
Swedish U.S. Pat. No. 9903818; English language translation; Gunnar Ebeling; May 2,2000; pp. la-7.
www.CLARLUSSP.comicandleslindex.php. "Waxes: Candles."
Internet printout on Jul. 6, 2006, 1 page.
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2006, 3 pages.
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&subdept%5Fid~304>.
* cited by examiner
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10
15
BACKGROUND
Historically, candles served a functional purpose, but today
they are further used to enhance decoration, aroma and ambiance. References to candles date back to at least 3000 B.C. in
Crete and Egypt. Candle making as known today, began in the
13th Century. Candle molding machines were developed in
the 15th Century. The braided wick was introduced in 1825. A
continuous wicking machine was invented in 1834. Manufactured paraffin was introduced in 1850, providing an alternative to tallow. In 1854 paraffin and stearin were combined to
create stronger candles, very similar to those used today.
Through the past century, a number of "modem" technical
innovations have been introduced to improve candle performance and production. Most of the focus has been towards
advancing manufacturing methods (U.S. Pat. Nos. 3,964,858;
4,291,458; 4,830,330; 5,537,989; 5,927,965; 6,228,304),
improved wick sustainers (U.S. Pat. Nos. 3,819,342; 4,332,
548; 4,818,214; 5,690,484; 5,842,850; 5,961,318; 6,062,847;
6,454,561; 6,508,644), varying waxes formulations (U.S. Pat.
Nos. 6,066,329; 6,342,080; 6,562,085; 6,599,334), and
improving woven (i.e. braided) wick technology (U.S. Pat.
Nos. 3,940,233; 4,790,747; 5,124,200). (The entire contents
of all of the patents and other publications mentioned anywhere in this disclosure are hereby incorporated by reference
in their entireties.)
Traditionally, a candle is made up of a single or multi
combustible, porous core or wick surrounded by a fusible,
flammable solid wax or wax-like material, such as absolute or
blends of petroleum (paraffin) wax, mineral (montan) wax,
synthetic wax (polyethylene or Fischer Tropsch), natural
waxes (vegetable or animal) and clear candle waxes or "gels"
(ETPA). Prior art shows candle wicks referring to cotton or
cotton-like materials (i.e. rayon, nylon, hemp) woven, or
braided and with or without a "self-supporting" core material
such as metal, paper, cotton, polyethylene fiber or a stiffing
agent. When a candle is lit, the heat from the flame melts the
solid fuel and the resulting liquid then flows up the wick by
capillarity. This liquid is subsequently vaporized, the middle
zone of the flame is where the vapor is partially decomposed,
and the outer layer is marked by combustion of the vapor and
the emission of carbon dioxide, water and other vapors into
the atmosphere. The wick is the pivotal component for a
candle to bum. Although there have been improvements in
candle systems and wicks over the past century, there are still
complications, limitations and hazards associated with prior
wick technologies.
InAugust 1997,ASTM Subcommittee F15.45 was formed
to address candle fire safety issues and to set safety standards.
The frequency of injuries associated with candles approxi-
20
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SUMMARY
Directed to overcoming the foregoing and other shortcomings and drawbacks of candle wicks and systems heretofore
known, the present invention embodies a planar wick and the
method and equipment to produce the same. In preferred
forms, the present invention includes wood, wood-like or
semi-wood wicks that provide improved capillary flow as
well as increase the functional surface area. This candle wick
provides additional decoration and an acoustic release. In
accordance with principles of the present invention, a candle
wick is provided which is particularly designed to burn efficiently in a candle system without producing undesirable
smoke and carbon heading. In addition, the wicks are capable
of creating a more stable and unifonn wax pool diameter. The
candle wick is designed to change the physical shape of the
flame to thereby provide maximum burning efficiency.
Candles of the present invention provide a safer, cleaner
burning, decorative, multi-sensory alternative to the prior
wick technology.
The present invention provides a candle having a body of a
meltable fuel and a planar wick. The meltable fuel can be
vegetable-based, paraffin, beeswax, carnauba, candelillia,
polymers, polyolesters or other "fuels" as would be apparent
to those skilled in the art from this disclosure. When the wick
is lit, the candle provides a unique flame formation, usable in
a variety of decorative applications. The wick can be configured to evenly deplete the meltable fuel, while allowing for
candles having relatively large and unique body configurations. Optionally, the body of candle and/or the wick may
include scented oil to promote the release of fragrance upon
heating and the wick may comprise wood, thereby providing
an acoustic contribution to ambiance, improved combustion
that generates less soot than conventional candles.
It is recognized in the analysis of wood that a species or
genus or a complete botanical affinity or family name is given.
Each species is typically described in tenns of its trade, dis-
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14
tions. Optionally, the candle may include scented oil to promote the release of fragrance upon heating and the wick can
be made of wood, semi-wood or wood-like material with a
straight, vertical grain to provide an acoustic contribution to
ambiance when lit. The present invention thus provides a
candle having improved combustion, that provides a unique
flame formation, that has a wick that is safer, remains rigid
throughout its use, improves combustion and that makes an
acoustic contribution to ambiance.
From the foregoing detailed description, it will be evident
that there are a number of changes, adaptations and modifi~ations of the present invention which come within the provmce of those skilled in the art. The scope of the invention
includes any combination of the elements from the different
species or embodiments disclosed herein, as well as subassemblies, assemblies, and methods thereof. However, it is
intended that all such variations not departing from the spirit
of the invention be considered as within the scope thereof.
The invention claimed is:
1. A candle, comprising:
a solid planar wick;
a body of meltable fuel; and
a wick holder;
wherein:
the wick holder comprises:
a planar base member having a top surface and a bottom
surface; and
two separate substantially vertical plates extending from
the top surface of the planar base, the vertical plates
being spaced apart to accommodate the solid planar
wick;
the solid planar wick is held in an upright position by the
wick holder;
a portion of the solid planar wick extends above a top
surface of the body of meltable fuel;
an entirety of the wick holder is below the top surface the
body of meltable fuel;
the solid planar wick has a height dimension, a width
dimension, and a thickness dimension'
the height dimension is greater than the ~idth dimension
and extends from a base of the candle to a top surface of
the body of meltable fuel;
the width dimension is greater than the thickness dimension;
the thickness dimension is from 0.018 to 0.23 inches;
the solid planar wick comprises cellulose and lignin;
the solid planar wick comprises generally straight grains
extending substantially in the height dimension; and
the candle emits an acoustic crackling sound when lit.
2. The candle of claim 1, wherein the solid planar wick
comprises at least one fibrous material.
3. The candle of claim 2, wherein the at least one fibrous
material comprises cotton.
4. The candle of claim 1, wherein the solid planar wick has
a moisture content of from 6 to 8 percent.
5. The candle of claim 1, wherein the solid planar wick
comprises:
a sheet of a material selected from the group consisting of
wood, wood product, a semi-wood composition, and a
wood-like material; and
a flat piece of cotton.
6. The candle of claim 1, wherein the meltable fuel comprises at least one member selected from the group consisting
of beeswax, camauba wax, candelilla wax and vegetablebased waxes.
7. The candle of claim 1, wherein the meltable fuel comprises at least one member selected from the group consisting
of petroleum-based waxes and synthetic waxes.
8. The candle of claim 1, wherein the meltable fuel comprises at least one additional component selected from the
group consisting of fragrances and dyes.
9. The candle of claim 1, wherein the solid planar wick
extends above the body of meltable fuel in an amount of from
1;16 to Ij4 inches.
10. The candle of claim 1, wherein the solid planar wick
extends above the body of meltable fuel in an amount of from
Ij8 to 3/16 inches.
11. The candle of claim 1, wherein the solid planar wick is
coated with wax.
12. The candle of claim 1, wherein the solid planar wick
has been subjected to at least one treatment selected from the
group consisting of bleaching, dyeing and printing.
13. The candle of claim 1, comprising multiple solid planar
wicks.
14. The candle of claim 1, wherein the solid planar wick
comprises a curved portion when viewed from above.
15. The candle of claim 13, wherein the multiple solid
planar wicks differ in dimension.
16. The candle of claim 1, wherein the solid planar wick is
c~nfigured so that, when viewed from above, the solid planar
wIck has a shape selected from an arc, a circle, a square, a
triangle, a heart, and an alphanumeric shape.
17. The candle of claim 1, wherein the solid planar wick is
configured so that, when viewed from above, the solid planar
wick has a circle shape.
18. The candle of claim 1, wherein the solid planar wick is
c~nfigured so that, when viewed from above, the solid planar
wIck has a C-shape.
19. The candle of claim 1, wherein the solid planar wick is
configured so that, when viewed from above, the solid planar
wick has an O-shape.
20. The candle of claim 1, wherein the solid planar wick is
configured so that, when viewed from above, the solid planar
wick has an X-shape.
21. The candle of claim 1, wherein the solid planar wick is
configured so that, when viewed from above, the solid planar
wick has aT-shape.
22. The candle of claim 1, wherein the solid planar wick is
configured so that, when viewed from above, the solid planar
wick has a V-shape.
23. The candle of claim 1, wherein the solid planar wick
comprises wood or wood particles that have been adhered
'
bonded, or pressed together.
24. The candle of claim 1, wherein the wick comprises
wood, semi-wood, or a wood-like material.
25. The candle of claim 1, wherein the solid planar wick
comprises a fiberboard material.
26. The candle of claim 1, wherein the solid planar wick
comprises two planar members.
27. The candle of claim 26, wherein the solid planar wick
comprises two members adhered together.
28. The candle of claim 1, wherein the solid planar wick
comprises three planar members.
29. The candle of claim 13, comprising multiple solid
planar wicks that comprise multiple layers.
30. The candle of claim 1, wherein the solid planar wick
comprises semi-wood that may be wood combined with cotton or cotton-like material.
10
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35
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45
50
55
60
* * * * *
EXHIBIT D
EXHIBIT E
EXHIBIT F
5/27/2016
Home
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Voted#1NEWUltimateWoodenWick
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DirectFromTheManufacturer,TheorginalWoodenWick
WoodenWicksSinglePly...
Thiswickisusedinsoy&pariffinblendedwaxes.Ifhighlevelsofsoyorpalmareused,pleaseuseourdoubleplywicks.These
aresizerecommendationsonly.Alwaystestinyourwaxformulation.
THEBENCHMARKOFAWOODENWICKSUSTAINER!
Ourcustomdesignsustainers...
Easytouse,substantialweighttoholdanysizewoodenwick.
Selfextinguishing,StainlessSteeltopreventanywaxdiscoloration..
***Internationalshippingfeesnotincluded.
12Pieces
$.90
100Pieces
$7.00
1000Pieces
$55.00
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SWW131/4"Lx1/4"W
Usedinvotives&smallcandles..
***Internationalshippingfeesnotincluded.
1Dozen
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SWW251/4"Lx3/8"W
Usethiswickinsmallcandles&tins..
***Internationalshippingfeesnotincluded.
1Dozen
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10Dozen
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100Dozen
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SWW351/4"Lx1/2"W
Usethiswickinsmallcandles&tins..
***Internationalshippingfeesnotincluded.
1Dozen
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10Dozen
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dozen
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SWW451/4"Lx5/8"W
Usethiswickin3"4"containers..
***Internationalshippingfeesnotincluded.
1Dozen
$2.15per
dozen
10Dozen
$1.75per
dozen
100Dozen
$1.50per
dozen
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SWW551/4"Lx3/4"W
Usethiswickinlargercontainers..
***Internationalshippingfeesnotincluded.
1Dozen
$2.15per
dozen
10Dozen
$1.75per
dozen
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100Dozen
$1.50per
dozen
ClicktoViewLargeImage!
SWW651/4"Lx7/8"W
Usethiswickinlargeoroddshapedcontainers..
***Internationalshippingfeesnotincluded.
1Dozen
$2.15per
dozen
10Dozen
$1.75per
dozen
100Dozen
$1.50per
dozen
ClicktoViewLargeImage!
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Pleasecontactusforyourcustomwicksneeds.Ourdesignteamwillworkwithyoutodesigntheperfectwickforyourcandle
product.Pricequotesarebasedonquantity&size.
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3/3
EXHIBIT G
5/27/2016
UnityWoodenWicks
Case 1:16-cv-00459-UNA Document 1-7
Filed 06/17/16 Page 2 of 4 PageID #: 109
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THENUMBER#1SELLINGWOODENWICK...
Addatouchofelegancetoyourcandleswiththisuniqueburningexperience.Thiswickwillincreasethe
perceivedvalueofyourcandles.
SAMEPERFORMANCENEWLOOKENHANCEDGRAIN
Our new "Soft Wood Series" wooden wicks are very easy to use. This is the perfect wooden wick complete with the custom
tabs.Tabsthewickspriortoplacinginwax.Meltwax,pourintocontainer.Wehavefoundthattheamountofcrackledirectly
relates to the amount of color and fragrance that is added to the candle. Perfect in soy wax. We have found with fragrance
levels between 68% produces the best crackle. Let wax start to get slushy (solidify on the bottom) center wick into wax
.That'sIt!Treatedwithaclean,patentedburningagenttogiveyoutheultimateperformanceinanallnaturalwoodenwick.
Note:Letthecandlessetovernighttocurethewickbeforeburning. Also recommended for use with gel wax, vegetable wax
andmostparaffin.
THEBENCHMARKOFAWOODENWICKSUSTAINER!
Ourcustomdesignsustainers...
Easytouse,substantialweighttoholdanysizewoodwick.
Selfextinguishing,StainlessSteeltopreventanywaxdiscoloration.
***Internationalshippingfeesnotincluded.
12Pieces
$.90
100Pieces
$7.00
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$55.00
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XLargeSoftWoodWoodenWicks51/4"Lx3/4"W
Usethiswickfor4"containersorlarger,PureSoyWax,PalmWax..
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1Pack(12Wicks)
$6.25
http://www.unitywoodenwicks.com/wicks.html
$0.520Each
1/3
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UnityWoodenWicks
Case 1:16-cv-00459-UNA Document 1-7
Filed 06/17/16 Page 3 of 4 PageID #: 110
4Pack(48Wicks)
$22.50
$0.468Each
10Pack(120Wicks)
$48.00
$0.4Each
40Pack(480Wicks)
$179.00 $0.372Each
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LargeSoftWoodWoodenWicks51/4"Lx1/2"W
Usethiswickforupto33/4"containers,SoyWaxBlend,Parrifins..
***Internationalshippingfeesnotincluded.
1Pack(12Wicks)
$5.75
$0.479Each
4Pack(48Wicks)
$22.00
$0.458Each
10Pack(120Wicks)
$47.50
$0.395Each
40Pack(480Wicks)
$178.50 $0.372Each
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MediumSoftWoodWoodenWicks51/4"Lx3/8"W
Usethiswickfor21/2to3"containers.
SoyWaxBlend,Parrifins.Canalsobeusedinmostpillarsizes..
***Internationalshippingfeesnotincluded.
1Pack(12Wicks)
$5.75
$0.479Each
4Pack(48Wicks)
$22.00
$0.458Each
10Pack(120Wicks)
$47.50
$0.395Each
40Pack(480Wicks)
$178.50 $0.372Each
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SmallSoftWoodWoodenWicks31/2"Lx1/4"W
Usethiswickfor,smallcontainercandles,Votives,Tins..
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1Pack(12Wicks)
$5.75
$0.479Each
4Pack(48Wicks)
$22.00
$0.458Each
10Pack(120Wicks)
$47.50
$0.395Each
40Pack(480Wicks)
$178.50 $0.372Each
http://www.unitywoodenwicks.com/wicks.html
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UnityWoodenWicks
Case 1:16-cv-00459-UNA Document 1-7
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EXHIBIT H
5/27/2016
WelcometoUnityWoodenWicks
Case 1:16-cv-00459-UNA Document
1-8 Filed 06/17/16 Page 2 of 2 PageID #: 113
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ThebestsellingcandlesarecandleswiththeWoodenWick.
OurWicksAreManufactured,Shipped&ProtectedUndertheFollowingUSPatents:USD663450USD669615
USD708777US8708694D715989
Increaseyourcandlesales&gainrealestatewithcurrentretailers.Directfromthemanufacturerofpatentedwoodenwicks.
Whatifyouweretoldthereisawaytocombinethemystiqueofacandlewiththesoundsandsmellsofwoodcracklinginan
open fire? Does that sound too good to be true? This is exactly what you can do as soon as you start burning wood wick
candles.
Whenyouwanttouptheimpactofwoodenwickcandles,youcanaddscentsintothemix.Whileyoualreadyhave
thescentofburningwoodcomingfromthecandle,andformanypeoplethatisenough,ifthecandleitselfis
scented,thatwilladdanotherlayerofscent.Bychoosingascentthatbringsbackmemoriesorotherfavorite
scents,itcanbeacompletetreatforyourolfactorysenses.
Homeofthefinestallnaturalwoodenwicksavailable.
WestartwithselectedwoodintheUSA,cuttoourstandardsize&pressureprocessforthreedays,theendresultis
asuperiorburningwick.Ourwicksaredesignedtoofferoutstandingperformanceburningcleanwithexcellent
meltingpools&greatfragrancethrow.
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1/1
EXHIBIT I
EXHIBIT J
EXHIBIT K
ufficio brevetti
pedrini e benedeni
Pietro Pedrini
consulente in proprieta industriale,
mandatario accreditato presso
l'Ufficio Brevetti Europeo,
A. I. PPI
Messrs
ObIon, McClelland,
Maier & Neustadt, LLP
1940 Duke Street
Alexandria, VA 22314, USA
Gianluca Benedetti
awocato, consulente in proprieta industriale,
A. I. P.PI
Mariachiara Pesturini
awocato, consulente in proprieta industriale
sezione marchi
>
Re.:
Dear Sirs,
following our letter of last February the 1i\ please take note that we
have examined the Lurnetique's Patents and asked for clarifications to Cereria Terenzi
Evelino's supplier of wooden wick candels, who put us in touch with the manufacturer
Dream Wick, Inc. of North Huntingdon, Pennsylvania.
Mrs. Melynda DelCotto of Dream Wick, Inc. revealed us their industrial
property portfolio, i.e. US9120995B2, EP2594627A1 , USD708777S1, USD663450S1,
USD669615S1 , USD715989S1 and US8708694B2, all attached hereto, and stated that
their products are made exclusively in the implementation of their patents, without
interfering with others.
We have reviewed all the Patents in relation to the goods of Cereria
Terenzi Evelino S.r.l. and it seems to us that Mrs DelCotto's statements are quite
convmcmg.
If so, it seems to us that it is not in the interest of our Client incur
additional disbursements to acquire other licenses; anyway we remain at your disposal
for any further discussion on the matter.
Without prejudice
Best regards
Gianluca Benedetti
EXHIBIT L
EXHIBIT M
Subject: FW: Couture Brands LLC 5th & madison and Lumetique
Date: 2/4/2016 11:03 AM
From: "Eric W. Schweibenz" <ESchweibenz@oblon.com>
"Andrew Ollis" <AOllis@oblon.com>, "Thomas C. Yebernetsky"
To:
<TYebernetsky@oblon.com>
Eric,
I would like to thank you for your concern and upon closer investigation I do believe I
am not violating any of Dayna Deckers Patents.
In the case you feel that I am, a simple cease and desist will get us to stop production
until her patent expiration in a few years. If this is the case we will hire an attorney and
seek to re coup anything we lose from that.
You are now aware who I am getting the wicks from and if you have any issues you
should take it up with them. The statement below comes right from the website. We are
purchasing them in good faith and these patents are valid
*******CONFIDENTIALITY NOTICE*******
This email is intended only for the use of the addressee(s) named herein. It may contain legally privileged and confidential
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EXHIBIT N
5/27/2016
Amazon.com:TizianaTerenziWhiteMiniGlassVinciwithGoldDecoration,WoodenWick40gCandle(WhiteFire):Beauty
Case 1:16-cv-00459-UNA
Document 1-14 Filed 06/17/16 Page 2 of 4 PageID #: 125
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ProductDescription
ScentName:WhiteFire
TheMINIisTT'ssmallestcandleandfeaturesonewoodenwick,withoutalid.TizianaTerenzicandlesburnsocleanlyyoucanreusetheglass
containerforotherpurposesafterenjoyingthecandleformanyhours.Thereisgolddecorationontheoutsideofthewhiteglassandcomes
packagedinagiftbox.Althoughsmall,itprovidesthesameluxuriousexperienceandartisanalqualityastherestofTT'sproducts.Perfectasa
travelcandle,choosemorethanoneandexperienceadifferentfragranceforyoureverymood.Thankstotheflameburningwithawooden
wickthatreproducesthecracklingofafireplace,fragrancesmellingisenhancedbyanewfourthsensorialexperience.Infact,atthetopofthe
classicolfactorypyramidisnowtheairphase...smelloffire...characterizedbyfragrance.Uniqueandpreciouscreationsthatelevateobjects
intowellnesscult.VINCIweighs40g(1.4oz)andwillburnforaboutsevenhours.
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ItemWeight:1.4ounces
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EXHIBIT O
5/27/2016
Tonic11SohoWoodWickCoutureBrandsLLC
Case 1:16-cv-00459-UNA Document
1-15 Filed 06/17/16 Page 2 of 4 PageID #: 129
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Case 1:16-cv-00459-UNA Document
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$38.00
Tonic 11 Soho
Wood Wick
A D D TO WI S H LI S T
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Case 1:16-cv-00459-UNA Document
1-15 Filed 06/17/16 Page 4 of 4 PageID #: 131
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EXHIBIT P
EXHIBIT Q
EXHIBIT R
6/3/2016
1800WAXWICK
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EXHIBIT S
Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is
intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this
communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be
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delete the original message and all copies from your system. Thank you.
EXHIBIT T
Melynda DelCotto