Lumetique v. The Michaels Companies - Complaint

Case 1:19-cv-02156-UNA Document 1 Filed 11/18/19 Page 1 of 15 PageID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTIRCT OF DELAWARE
LUMETIQUE, INC., )
)
Plaintiff, )
)
v. ) C.A. No.
)
THE MICHAELS COMPANIES, INC., )
) JURY TRIAL DEMANDED
Defendant. )
)
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Lumetique, Inc. (“Lumetique”) hereby files this Complaint against Defendant
The Michaels Companies, Inc. (“Defendant” or “Michaels”) for infringement of U.S. Patent Nos.
8,348,662 (the “’662 Patent”); 8,961,171 (the “’171 Patent”); 9,410,696 (the “’696 Patent”); and
D705,459 (the “’459 Patent”) (collectively, “Patents-In-Suit”).
PARTIES
1. Lumetique is a Delaware corporation with its principal place of business at 1440A
South Coast Highway, Laguna Beach, California 92651.
2. Upon information and belief, Defendant Michaels is a Delaware corporation with
its principle place of business at 8000 Bent Branch Drive, Irving, Texas 75063.
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
actions pursuant to 28 U.S.C. §§ 1331 and 1338.
4. This Court has personal jurisdiction over Michaels at least because Michaels is
incorporated in Delaware and, therefore, has purposefully availed itself of the rights and benefits
of Delaware law. Additionally, and upon information and belief, Michaels is subject to personal
jurisdiction in this Court because it conducts substantial business in the State of Delaware and
within in this District, deriving substantial revenue from products and/or services provided to
individuals in Delaware and this District through its numerous physical retail locations in the
State. Upon information and belief, Michaels Stores, Inc., a Michaels’ subsidiary, is registered
to do business in Delaware. Upon information and belief, Michaels also markets, sells, offers to
sell, and induces the sale and/or making of infringing products in or into this District, including
via the Internet, thereby causing injury and damage to Lumetique in Delaware and within this
District. And upon information and belief, Michaels 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.
5. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400(b)
because Michaels resides in Delaware, regularly conducts business in this District, and has
committed acts of infringement and has a regular and established place of business in this
District.
PATENTS-IN-SUIT
6. Lumetique is the owner by assignment of the ’662 Patent, entitled “Candle
Having a Planar Wick and Method of and Equipment for Making Same,” duly and legally issued
on January 8, 2013. The ’662 Patent is appended hereto as Exhibit A.
on February 24, 2015. The ’171 Patent is appended hereto as Exhibit B.
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on August 9, 2016. The ’696 Patent is appended hereto as Exhibit C.
9. 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.
FIRST CLAIM FOR RELIEF
(Infringement of U.S. Patent No. 9,410,696)
10. Upon information and belief, Michaels manufactures, imports, offers for sale,
and/or sells certain candle wicks that infringe at least claim 42 of the ’696 Patent, either literally
or under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a). For example, Michaels,
through its physical retail locations and Internet website, manufactures, imports, offers for sale,
and/or sells its “Wood Wick & Clips by ArtMindsTM” product (available at
https://www.michaels.com/wood-wick-and-clips-by-artminds/10200807.html, Exhibit E), which
directly infringes at least claim 42 of the ’696 patent.
11. Specifically, Michaels’ candle wicks comprise a planar member having a height
dimension, a width dimension, and a thickness dimension. For example, the candle wicks have a
height dimension of approximately 6 inches, a width dimension of approximately .5 inches, and
a thickness dimension of approximately .02 inches. Thus, the candle wicks’ height dimension is
greater than its width dimension, the width dimension is greater than the thickness dimension,
and the thickness dimension is 0.019 to 0.23 inches. The planar member of the candle wicks,
when provided in a candle, will also have a height dimension greater than the width dimension
that extends from a base of the candle to a top surface of a body of meltable fuel (e.g., candle
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wax) of the candle. Michaels’ candle wicks comprise generally straight grains and the meltable
fuel flows substantially in the height dimension through the planar member when the wick is
provided in a candle and the candle is lit. Michaels’ candle wicks emit an acoustic crackling
sound when provided in a candle and lit. Upon information and belief, Michaels’ candle wicks
comprise cellulose and lignin.
12. During the course of correspondence between Lumetique and Michaels, Michaels
was made aware of the ’696 Patent in a letter dated September 20, 2019. (Exhibit F). Lumetique
has yet to receive a response from Michaels. Upon information and belief, therefore, Michaels
has known of the ’696 Patent, at least since September 20, 2019, and by no later than the filing of
this Complaint. Lumetique has complied with the statutory requirement of 35 U.S.C. § 287(a)
and, therefore, given Michaels notice of the ’696 patent and its infringement.
13. Upon information and belief, Michaels induces third parties, including purchasers
of its “Wood Wick & Clips by ArtMindsTM” product, to manufacture, use, offer for sale, and/or
sell certain candles that infringe at least claim 1 of the ’696 Patent in violation of 35 U.S.C. §
271(b), and Michaels similarly contributes to such third-party manufacture, use, offer for sale,
and/or sale of candles that infringe at least claim 1 of the ’696 Patent in violation of 35 U.S.C. §
271(c). At least claim 1 of the ’696 Patent is directly infringed by purchasers of Michaels’
“Wood Wick & Clips by ArtMindsTM” product by the inclusion of Michaels’ wooden candle
wicks into a candle with a body of meltable fuel (e.g., candle wax).
14. Michaels knew or should have known that its actions would induce and/or
contribute to actual infringement at least because Michaels had actual knowledge that its actions
would induce and/or contribute to direct infringement. During the course of negotiations
between Lumetique and Michaels (dating back to February 26, 2016 (Exhibits G and H)),
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Michaels was made aware during a July 28, 2016 teleconference between counsel for Lumetique
and Ms. Heather Morschauser of Michaels that Michaels’ may be liable for their customer’s
manufacture, use, sale, and/or offer for sale of candles that include Michaels’ wooden candle
wicks under theories of induced infringement and/or contributory infringement. Although the
’696 patent would issue approximately two weeks after this conversation (on August 9, 2016),
Michaels was nonetheless aware of Lumetique’s assertion that Michaels is liable for patent
infringement brought about by its customers incorporation of Michaels’ wooden candle wicks
into a candle. To the extent that Michaels did not have actual knowledge that its actions
would induce direct infringement and/or contribute to direct infringement, upon information and
belief, Michaels was willfully blind to such direct infringement by taking active efforts to avoid
knowing about the infringing conduct of its customers who manufacture, use, offer for sale,
and/or sell candles that include Michaels’ “Wood Wick & Clips by ArtMindsTM” product.
15. Michaels actively and knowingly induces infringement with the specific intent to
encourage its customers to manufacture, use, offer for sale, and/or sell candles that directly
infringe at least claim 1 of the ’696 Patent. For example, on its Internet website, Michaels
instructs third-party direct infringers to “[m]ake unique candles for your home using this set of
Wood Wicks and Clips by ArtMinds. Its wooden wick comes in handy when you make candles
in jars, tumblers or containers.” (Exhibit E.) The back label of Michaels’ “Wood Wicks and
Clips by ArtMinds” product provides the following instructions: “For use with premium jar wax
only. Slide wood wick into wick clip carefully so not to bend wick. Using wax adhesive to
secure wick clip to center of jar. Pour wax following wax instructions. Trim wick to ¼ inches
(6.3mm) [above top of wax] after wax is set.” (Exhibit I.) Additionally, both on Michaels’
Internet website and its product packaging, Michaels actively and knowingly induces with the
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specific intent to encourage third parties to manufacture, use, offer for sale, and/or sell candles
that infringe at least claim 1 of the ’696 Patent by including exemplary pictures of candles that
would directly infringe at least claim 1 of the ’696 Patent.
16. Michaels’ actions also constitute contributory infringement in violation of 35
U.S.C. § 271(c). Specifically, Michaels offers to sell and sells within the United States its
“Wood Wicks and Clips by ArtMinds” product, which is a material part of Lumetique’s patented
candle claimed in the ’696 patent. On information and belief, and based on the instructions
provided to purchasers both on Michaels’ Internet website and on its “Wood Wicks and Clips by
ArtMinds” product packaging, Michaels knows that it wooden candle wicks are especially made
for use in a candle, constituting infringement of, at a minimum, claim 1 of the ’696 patent. On
information and belief, Michaels’ wooden candle wicks are not a staple article or commodity of
commerce suitable for substantial noninfringing use—their only use is to be inserted into a body
of meltable fuel, constituting infringement of, at a minimum, claim 1 of the ’696 patent.
17. Upon information and belief, Michaels has known of the ’696 Patent and the
infringement by Defendant has been an egregious case of misconduct beyond typical
infringement.
18. Lumetique has been irreparably damaged by such infringement and will continue
to be irreparably damaged by such infringement unless enjoined by the Court.
SECOND CLAIM FOR RELIEF
of its “Wood Wick & Clips by ArtMindsTM” product (available at
(https://www.michaels.com/wood-wick-and-clips-by-artminds/10200807.html, Exhibit E), to
6
manufacture, use, offer for sale, and/or sell certain candles that infringe at least claim 1 of the
’662 Patent in violation of 35 U.S.C. § 271(b), and Michaels similarly contributes to such third-
party manufacture, use, offer for sale, and/or sale of candles that infringe at least claim 1 of the
’662 Patent in violation of 35 U.S.C. § 271(c). At least claim 1 of the ’662 Patent is directly
infringed by purchasers of Michaels’ “Wood Wick & Clips by ArtMindsTM” product, either
literally or under the doctrine of equivalents, by the inclusion of Michaels’ wooden candle wicks
into a candle with a body of meltable fuel (e.g., candle wax).
20. Specifically, Michaels’ candle wicks comprise a rigid, planar wick comprising a
material selected from the group consisting of wood, wood product, a semi-wood composition,
and a wood-like material. The rigid, planar wick 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 from 0.023 to 0.028 inches. For example, Michaels’ candle wicks have a height
dimension of approximately 6 inches, a width dimension of approximately .5 inches, and a
thickness dimension of approximately .02 inches.
21. During the course of negotiations between Lumetique and Michaels in 2016,
Defendant was made aware of the ’662 Patent in a letter dated February 26, 2016. (Exhibit G).
Upon information and belief, therefore, Michaels has known of the ’662 Patent. Lumetique
again brought the ’662 patent to Michaels attention on September 20, 2019 (Exhibit F), but has
yet to receive a response from Michaels. Michaels has been aware of the ’662 Patent since no
later than its receipt of Lumetique’s February 26, 2016 letter. Lumetique has complied with the
statutory requirement of 35 U.S.C. § 287(a) and, therefore, given Michaels notice of the ’662
patent and its infringement.
7
contribute to actual infringement as it had actual knowledge that its actions would induce and/or
contribute to direct infringement. During the course of negotiations between Lumetique and
Michaels (dating back to February 26, 2016 (Exhibits G and H)), Michaels was made aware
during a July 28, 2016 teleconference between counsel for Lumetique and Heather Morschauser
of Michaels that Michaels may be liable for their customer’s manufacture, use, sale, and/or offer
for sale of candles that include Michaels’ wooden candle wicks under theories of induced
infringement and/or contributory infringement. Lumetique’s February 26, 2016 letter to
Michaels included reference to the ’662 patent. To the extent that Michaels did not have actual
knowledge that its actions would induce direct infringement and/or contribute to direct
infringement, upon information and belief, Michaels was willfully blind to such direct
infringement by taking active efforts to avoid knowing about the infringing conduct of its
customers who manufacture, use, offer for sale, and/or sell candles that include Michaels’
“Wood Wick & Clips by ArtMindsTM” product.
8
“Wood Wicks and Clips by ArtMinds” product, which is a material part of Lumetique’s patented
of meltable fuel, constituting infringement of, at a minimum, claim 1 of the ’662 patent..
infringement.
THIRD CLAIM FOR RELIEF
of its “Wood Wick & Clips by ArtMindsTM” product (available at
9
(https://www.michaels.com/wood-wick-and-clips-by-artminds/10200807.html, Exhibit E), to
manufacture, use, 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), and Michaels similarly contributes to such third-
party manufacture, use, offer for sale, and/or sale of candles that infringe at least claim 1 of the
’171 Patent in violation of 35 U.S.C. § 271(c). At least claim 1 of the ’171 Patent is directly
infringed by purchasers of Michaels’ “Wood Wick & Clips by ArtMindsTM” product, either
literally or under the doctrine of equivalents, by the inclusion of Michaels’ wooden candle wicks
into a candle with a body of meltable fuel (e.g., candle wax).
28. Specifically, Michaels’ candle wicks comprise a solid planar member. Michaels’
candle wicks emit an acoustic crackling sound when provided in a candle and lit. The solid
planar member of Michaels’ 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, the candle wicks have a height
dimension of approximately 6 inches, a width dimension of approximately .5 inches, and a
thickness dimension of approximately .02 inches. The solid planar member of Michaels’ candle
wicks comprises generally straight grains extending substantially in the height direction. Upon
information and belief, the solid planar member of Michaels’ candle wicks comprises cellulose
and lignin and has a moisture content from 6 to 14%.
Michaels was made aware of the ’171 Patent in a letter dated February 26, 2016. (Exhibit G).
10
later than its receipt of Lumetique’s February 26, 2016 letter. Lumetique has complied with the
statutory requirement of 35 U.S.C. § 287(a) and, therefore, given Michaels notice of the ’171
patent and its infringement.
contribute to actual infringement as it had actual knowledge that its actions would induce and/or
contribute to direct infringement. During the course of negotiations between Lumetique and
Michaels (dating back to February 26, 2016 (Exhibits G and H)), Michaels was made aware
during a July 28, 2016 teleconference between counsel for Lumetique and Ms. Heather
Morschauser of Michaels that Michaels’ may be liable for their customer’s manufacture, use,
sale, and/or offer for sale of candles that include Michaels’ wooden candle wicks under theories
of induced infringement and/or contributory infringement. Lumetique’s February 26, 2016 letter
to Michaels included reference to the ’171 patent. To the extent that Michaels did not have
actual knowledge that its actions would induce direct infringement and/or contribute to direct
infringement, upon information and belief, Michaels was willfully blind to such direct
infringement by taking active efforts to avoid knowing about the infringing conduct of its
customers who manufacture, use, offer for sale, and/or sell candles that include Michaels’
“Wood Wick & Clips by ArtMindsTM” product.
11
“Wood Wicks and Clips by ArtMinds” product, which is material part of Lumetique’s patented
of meltable fuel, constituting infringement of, at a minimum, claim 1 of the ’171 patent.
infringement.
12
FOURTH CLAIM FOR RELIEF
(Infringement of U.S. Design Patent No. D705,459)
35. Upon information and belief, Michaels manufactures, imports, offers for sale,
and/or sells certain candle products that infringe the ’459 Patent. For example, Michaels,
through its physical retail locations and Internet website, manufactures, imports, offers for sale,
and/or sells certain “Wood Wick & Clips by ArtMindsTM” products (available at
https://www.michaels.com/wood-wick-and-clips-by-artminds/10200807.html, Exhibit E), which
directly infringe the ’495 Patent. The following exemplary comparison of Michaels’ candle
wicks with the patented design further demonstrates infringement:
Defendant was made aware of the ’459 Patent in a letter dated February 26, 2016. (Exhibit G).
13
later than its receipt of Lumetique’s February 26, 2016 letter. (Exhibits G and H.) Lumetique
has complied with the statutory requirement of 35 U.S.C. § 287(a) and, therefore, given Michaels
notice of the ’459 patent and its infringement.
37. Upon information and belief, Defendant has known of the ’459 Patent and the
infringement.
REQUEST FOR A JURY TRIAL
39. Lumetique requests a jury trial of all issues in this action so triable.
PRAYER FOR RELIEF
WHEREFORE, Lumetique prays for the following relief:
(a) That Michaels be ordered to pay damages adequate to compensate Lumetique for
Michaels’ infringement of each of the Patents-In-Suit pursuant to 35 U.S.C. § 284;
(b) That Michaels be ordered to pay attorneys’ fees pursuant to 35 U.S.C. § 285 for each
of the Patents-In-Suit;
(c) That Michaels be ordered to pay enhanced and treble damages for Michaels’
egregious and thus willful infringement of each of the Patents-In-Suit pursuant to 35 U.S.C. §
284;
14
(d) That Michaels, 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;
(f) That Michaels be ordered to pay prejudgment interest;
(g) That Michaels 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.
Dated: November 18, 2019 /s/ Kenneth L. Dorsney

Kenneth L. Dorsney (No. 3726)
MORRIS JAMES LLP
500 Delaware Avenue, Suite 1500
Wilmington, Delaware 19801-1494
Telephone: (302) 888-6800
kdorsney@morrisjames.com
Eric W. Schweibenz (pro hac vice forthcoming)

Andrew M. Ollis (pro hac vice forthcoming)
Christopher Ricciuti (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: cricciuti@oblon.com
Attorneys for Plaintiff Lumetique, Inc.
15
Case 1:19-cv-02156-UNA Document 1-1 Filed 11/18/19 Page 1 of 88 PageID #: 16
Exhibit A
Exhibit B
Illlll llllllll Ill lllll lllll lllll lllll lllll 111111111111111111111111111111111
US008961171B2
c12) United States Patent (IO) Patent No.: US 8,961,171 B2

Decker (45) Date of Patent: Feb.24,2015
(54) CANDLE HAVING A PLANAR WICK AND 170,158 A 1111875 Cushing

METHOD OF AND EQUIPMENT FOR 197,902 A * 12/1877 Scott ............................. 4311325
252,590 A 111882 Loper
MAKING SAME 275,293 A 4/1883 Tisdale
323,058 A 7/1885 Mitchell
(75) Inventor: DayNa M Decker, Studio City, CA (US)
(Continued)
(73) Assignee: Lumetique, Inc., Studio City, CA (US)
FOREIGN PATENT DOCUMENTS
( *) Notice: Subject to any disclaimer, the term ofthis
EP 1245663 10/2002
patent is extended or adjusted under 35 FR 2639356 * 5/1990
U.S.C. 154(b) by 200 days.
(Continued)
(21) Appl. No.: 12/848,527
OTHER PUBLICATIONS
(22) Filed: Aug. 2, 2010
Firewood for Your Fireplace, Warren Donnelly, pp.
(65) Prior Publication Data 17,18,25,34,35,37, 88-95, May 1974, Library of Congress Card No.
74-76012.*
US 2011/0027735 Al Feb. 3, 2011
(Continued)
Related U.S. Application Data
(63) Continuation of application No. 10/759,508, filed on
Primary Examiner -Avinash Savani
Jan. 15, 2004, now Pat. No. 8,348,662, which is a
continuation-in-part of application No. 10/300,695, Assistant Examiner - Vivek Shirsat
filed on Nov. 19, 2002, now abandoned. (74) Attorney, Agent, or Firm -Obion, Spivak,
McClelland, Maier & Neustadt, L.L.P.
(60) Provisional application No. 60/331,898, filed on Nov.
19, 2001.
(57) ABSTRACT
(51) Int. Cl.
F23D3/16 (2006.01) A candle having a body of a meltable fuel and a planar wick.
F23D3/18 (2006.01) When lit, the candle provides a unique flame formation,
(52) U.S. Cl. usable in a variety of decorative applications. The wick can be
CPC ........................................ F23D 3116 (2013.01) configured to evenly deplete the meltable fuel, while allowing
USPC ........................................... 4311288; 431/325 for candles having relatively large and unique body configu-
( 58) Field of Classification Search rations. The body of candle and/or the wick may include
USPC .......... 431/288, 289, 298, 325, 291, 352, 320 scented oil to promote the release of fragrance upon heating.
See application file for complete search history. The wick preferably is formed of wood, thereby providing an
acoustic contribution to ambiance and improved combustion
(56) References Cited
that generates less soot than conventional cotton wick
U.S. PATENT DOCUMENTS candles.
59,839 A * 1111866 Hoard ........................... 4311298

123,917 A 2/1872 Ladd 44 Claims, 9 Drawing Sheets
100
\ 140 y1.
'
r--....· ~
'-- I
.J_...-1.
US 8,961,171 B2
Page 2
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5,015,175 A 5/1991 Lee World Flame Catalog, [Online], [Retrieved on Jan. 11, 2005],
5,069,617 A 12/1991 Lin Retrieved from the Internet: http://www.golighttheworld.com/Store/
D350,566 s * 9/1994 Pearson D20/40 ProductJCategoryinfo.aspx?cid~7>.
5,363,590 A 1111994 Lee World Flame Catalog, [Online], [Retrieved on Jan. 11, 2005],
5,487,658 A 111996 Lee Retrieved from the Internet: http://www.golighttheworld.com/Store/
5,597,300 A 111997 Wohl et al. Product/Categoryinfo.aspx?cid~ 17>.
5,683,239 A 1111997 Cardosi
Norma Coney, 2000, Lark Books, Deborah Morgenthal, pp. 16,
5,683,762 A 1111997 Banschick
49-50, & 55-58.
5,772,424 A 6/1998 Nokelainen
5,807,096 A 9/1998 Shin et al. U.S. Appl. No. 13/471,482, filed May 15, 2012, Decker.
5,830,245 A 1111998 Raddon U.S. Appl. No. 29/414,605, filed Mar. 1, 2012, Decker.
5,846,070 A 12/1998 Kim et al.
5,879,153 A 3/1999 Slejertin * cited by examiner
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US 8,961,171 B2
1 2
CANDLE HAVING A PLANAR WICK AND mately doubled from the mid-1980s to the mid-'90s. They
METHOD OF AND EQUIPMENT FOR also reported that there had been an increase in the number of
MAKING SAME candle recalls due to fire safety issues, including excessive
flames in gel, terra cotta and metal container candles and
CROSS REFERENCE TO RELATED various other types of wax candles. Candle sales increased
APPLICATIONS 350 percent while injuries and deaths from candle related
fires increased from thirteen to forty-two percent. The candle
This application is a continuation of U.S. patent applica- industry and the CPSC are currently working through AS TM
tion Ser. No. 10/759,508, filed Jan. 15, 2004, which, in tum, to develop the necessary consensus standards to improve
is a continuation-in-part of U.S. patent application Ser. No. 10 candle fire safety. The primary objective in this cooperative
10/300,695, filed Nov. 19, 2002, now abandoned, the disclo- effort is to reduce injuries and deaths associated with candle
sures of which are incorporated herein by reference in their fires.
entireties. This application claims priority to U.S. Provisional Although there have not been standardized regulations set
Patent Application No. 60/331,898, filed Nov. 19, 2001, the forth for candles, testing labs such as FTI/SEA and MTL-
disclosure of which is incorporated herein by reference in its 15 ACTS are actively involved in technical evaluations for
entirety. candles with the National Candle Association (NCA) and/or
ASTM. Candle burn testing involves stability, bum time,
BACKGROUND abnormalities, smoke/flaring, sputter, overflow, re-ignition,
flame height, afterglow, external surface temperature (ther-
Historically, candles served a functional purpose, but today 20 mocouple), direct flame impingement, pool temperature, car-
they are further used to enhance decoration, aroma and ambi- bon deposit and soot emissions. Given that a wick's perfor-
ance. References to candles date back to at least 3000 B.C. in mance affects all these areas of testing, major improvements
Crete and Egypt. Candle making as known today, began in the and focus must be directed towards advancing wick technol-
13th Century. Candle molding machines were developed in ogy.
the 15th Century. The braided wick was introduced in 1825. A 25 Prior candle wicks have been woven or braided for well
continuous wicking machine was invented in 1834. Manufac- over the last century. Such conventional wicks are woven
tured paraffin was introduced in 1850, providing an alterna- from multiple fiber or filamentary yarns. The most commonly
tive to tallow. In 1854 paraffin and stearin were combined to used yarn is cotton, although other natural fibers such as
create stronger candles, very similar to those used today. rayon, nylon or hemp have also been employed. Braided
Through the past century, a number of "modem" technical 30 wicks are produced in various sizes, shapes and constructions
innovations have been introduced to improve candle perfor- to achieve the necessary performance (flame height, wax pool
mance and production. Most of the focus has been towards size, self-trimming) and process (stability, self-supporting)
advancing manufacturing methods (U.S. Pat. Nos. 3,964,858; requirements. The appropriate wick selection for a particular
4,291,458; 4,830,330; 5,537,989; 5,927,965; 6,228,304), candle application includes type of weave, core, size (diam-
improved wick sustainers (U.S. Pat. Nos. 3,819,342; 4,332, 35 eter or width) and density of wick. Even though wick selec-
548; 4,818,214; 5,690,484; 5,842,850; 5,961,318; 6,062,847; tion is confined to braided wicks, there are over a thousand
6,454,561; 6,508,644), varying waxes formulations (U.S. Pat. different types of braided wicks from which to choose. Con-
Nos. 6,066,329; 6,342,080; 6,562,085; 6,599,334), and sequently, the vast options of wicks may be a disadvantage to
improving woven (i.e. braided) wick technology (U.S. Pat. manufacturers or consumers, adding additional costs and
Nos. 3,940,233; 4,790,747; 5,124,200). (The entire contents 40 time spent sourcing a proper wick. Ultimately, braided wicks
of all of the patents and other publications mentioned any- still have many limitations.
where in this disclosure are hereby incorporated by reference Limitations include the wick's aesthetic appearance, and
in their entireties.) limited design and ambiance alternatives. Although there are
Traditionally, a candle is made up of a single or multi thousands of different types of wicks available, they all con-
combustible, porous core or wick surrounded by a fusible, 45 sist of a white or natural colored, single strand woven mate-
flammable solid wax or wax-like material, such as absolute or rial. Additionally, braided wicks only emit a silent, vertical
blends of petroleum (paraffin) wax, mineral (montan) wax, flame.
synthetic wax (polyethylene or Fischer Tropsch), natural Another limitation with braided wicks is that they do not
waxes (vegetable or animal) and clear candle waxes or "gels" provide enough capillary flow to optimize the performance of
(ETPA). Prior art shows candle wicks referring to cotton or 50 today's candles. When manufacturing a braided wick,
cotton-like materials (i.e. rayon, nylon, hemp) woven, or increasing the picks per inch will increase the density of the
braided and with or without a "self-supporting" core material wick (i.e. reduce the yield) and thereby reduce the size of
such as metal, paper, cotton, polyethylene fiber or a stiffing capillaries, thus reducing the potential flame height or bum
agent. When a candle is lit, the heat from the flame melts the rate. Conversely, reducing the picks per inch will open the
solid fuel and the resulting liquid then flows up the wick by 55 braid and reduce the density of the wick (i.e. increase the
capillarity. This liquid is subsequently vaporized, the middle yield) and thereby increase the size of capillaries, thus opti-
zone of the flame is where the vapor is partially decomposed, mizing the flame height or burn rate. However, such an
and the outer layer is marked by combustion of the vapor and increase in yield and bum rate from conventional braided
the emission of carbon dioxide, water and other vapors into candle wicks is limited by the fact that creating a more open
the atmosphere. The wick is the pivotal component for a 60 structure with large capillaries creates a less stable wick
candle to bum. Although there have been improvements in which changes in characteristics when subjected to the ten-
candle systems and wicks over the past century, there are still sions of the candle manufacturing process. In addition, the
complications, limitations and hazards associated with prior smooth surface of a braid reduces the functional surface area.
wick technologies. The small capillaries and smooth functional surface area of
InAugust 1997,ASTM Subcommittee F15.45 was formed 65 the braided wick make it more difficult to create the required
to address candle fire safety issues and to set safety standards. capillary flow rate in today's natural and gel waxes as well as
The frequency of injuries associated with candles approxi- candles that have high amounts of additives to modify a
US 8,961,171 B2
3 4
candle's hardness, color, bum rate and aroma (i.e. stearic lyzes may be used to support a flaccid wick. Although many
acid, UV inhibitors, polyethylene, scent oils and color pig- core or stiffing devices are used, braided wicks remain flex-
ments). ible.
Furthermore, today's candles come in different shapes, Due to the flexibility in supported or unsupported woven
sizes, and types (i.e. filled, freestanding, taper, tealight and wicks, several hazards can occur. The majority of household
votive), ensuing a need for advanced wick materials and candle fires are the result of a candle wick leaning to one side
structures. or another in filled or freestanding candles. Filled candles
With the succession of oversized and oddly shaped candles with flexible wicks, particularly those enclosed in plastic or
(opposed to the traditional cylinder shapes), larger wax pool glass containers, may overheat or contact the side of the
10
size and consumption are preferred. Due to wick height stan- container, causing breakage or other damage. Additionally,
dardization by ASTM (i.e. three inches), braided wicks are unsupported wicks may extinguish themselves, falling into
limited in size and density, thus resulting in limitations in wax the pool of molten wax. Further, freestanding candles with an
pool size, bum rate and consumption. For example, the unsupported wick may incur wax spillage due to a decentral-
thicker a cylindrical wick is, the higher its flame height. And 15 ized or irregular shaped wax pool.
flat wicks are restricted in width (i.e. {fraction (1/32)}-{ frac- Certain "self-supporting" wicks may consist of toxic core
tion (114)} inch) due to the unsupported nature of a braided materials. In April 2003, the Consumer Product Safety Com-
wick. Even if a "core" or stiffing agent were applied, the wick mission (CPSC) banned the manufacture and sale of lead-
still remains too flexible. The wider and thicker the braided cored wicks and candles with lead-cored wick because they
wick is the more unstable and hazardous it may be. Since the 20 could present a lead poisoning hazard to young children. This
size of the wax pool is related to the bum rate and flame ban became effective in October 2003. The federal ban
height, braided wicks typically cannot produce a large applies to all domestic and imported candles and will allow
enough wax pool to consume the majority of a larger candle the CPSC to seek penalties for violations of the ban. Unfor-
without compromising the standardized flame height. Char- tunately, it is very difficult for consumers to tell if the braided
acteristically, a braided wick can produce up to a three-inch 25 "cored wicks" contain lead.
diameter wax pool while maintaining a three-inch flame An additional obstacle with prior art wicks involves keep-
height. ing a braided candle wick trimmed to a 114 inch length for
A traditional six-inch diameter candle requires three proper burning, as recommended by ASTM, NCA and most
braided wicks to maximize consumption. This results in addi- candle manufacturers and testing labs. If a braided wick is not
tional manufacturing costs, irregular wax pools and potential 30 trimmed properly, carbon balls, excessive soot emissions and
hazards. For instance, when one wax pool spills into another, fire hazards may occur. Candle manufacturers are not
the leaking wax may create unstable flame heights and wick required and usually do not distribute a finished candle with a
drowning. recommended wick size of 114 inch.
Prior art shows the need to improve wick technology that Also, due to the nature of cotton-like material and espe-
allows the wick to bum for a longer period of time and 35 cially "self-supporting" core material, a cutting device is
consume more wax than existing wicking material. This was needed to trim the braided wick. If a wick is positioned deep
addressed in U.S. Pat. No. 4,790,747, whose wick comprises in a narrow candle jar or container, it may become difficult for
a single strand of tufted wire coil having a polyethylene and conventional scissors or cutting device to trim off the excess
wax coating. One end of the coil is turned upward into a long wick from the candle. Still, another problem is the dif-
vertical section to form the lighting element and the other end 40 ficulty to accurately measure a wick to the exact recom-
of the wire is wound into a circular base such that it touches mended {fraction (114)} inch length.
the base of the vertical section. Consequently, the wire core The primary obstruction of prior candle wicks is the ema-
technology is manufactured with braided cotton or cotton- nation of excessive soot developments, resulting in smoke
like material, generating the same analogous performance emission and carbon build up. Excessive soot occurs when a
complications as disclosed. 45 candle is burning as a result of the remains of carbon particles
One category of braided wicks is "self-trimming" or flat that have not been completely decomposed (burned) within
wicks (i.e. wicks that curl or bend to the outside of the flame). the candle flame. Soot will either fully combust and bum off,
Although "self-trimming" wicks may reduce afterglow, they released into the atmosphere as smoke, or grow into a carbon
may curl to the point where the terminal ends bend into the head or ball, otherwise known as "mushrooming" or "after-
wax pool or continue to curl into a spiral curl. This undesir- 50 glow". Furthermore, carbon heads can detach from the wick
able result can cause a self-trimming braided wick to increase and fall into the pool ofliquid fuel, where they accumulate. In
in length so as to increase the amount of wick material, or addition to creating a polluted looking candle, the liquid fuel
functional surface area, above the melted wax pool, thereby may combust, thereby igniting the carbon heads, which
producing a continually increasing (i.e. unstable) flame become hot enough to vaporize and re-ignite resulting in
height and wax pool. Conversely, it is important that a wick 55 "flashover." In freestanding candles, the carbon heads may
does not over-curl or bend to the point were the wick end heat up the wax and bum through the sides and bottom of the
touches the wax pool, causing the wick to extinguish and candle causing severe damage and fire hazards. In addition,
drown in molten wax. Consequently to re-ignite the candle, the development of carbon heads (i.e. "afterglow") causes the
the wick needs to be located and "dug out" since the wax may emission of unwanted smoke or toxic fumes to linger for
cool and harden over the wick. The flat wicks are unsupported 60 several minutes after being extinguished.
and very flexible. As a result of an increase in safety requirements and envi-
The alternative category of braided wicks is "self-support- ronmental issues, a Smoke Test Method Task Group, formed
ing" wicks. Self-supporting wicks (i.e. "cored wicks") are by ASTM, developed a method to assess the propensity of a
typically round in profile and use paper, cotton, metal or candle to smoke. Candle manufacturers and testing labs can
polyethylene fiber material in the core of the braid to stiffen 65 use a simple test to measure the smoke from a candle while it
the wick. Additionally, a stiffening agent such as wax-in- is burning that allows them to improve the performance of
soluble polymer or copolymer that depolymerizes or pyro- that candle. The standard test method was recently balloted in
US 8,961,171 B2
5 6
January 2003, and the task group will continue to work tribution, tree and wood characteristics, including weight,
toward a final standard based on the ballot results. gravity, drying and shrinkage, durability, preservation and
In today's candles a wick sustainer is primarily used to toxicity. Wood species are broken down into hardwoods, soft-
provide lateral support to a wick in a candle to hold the wick wood and tropical woods. There are over 160,000 hardwoods
in place during pouring of the wax-like material in a container and over 100,000 softwoods available. If anatomical ele-
or mold or to laterally support the wick when the hardened ments are large and irregular, the wood is described as having
wax liquefies, no longer supporting the braided wick. During coarse and uneven texture. If these same features are small
the manufacturing of filled candles the wick is usually cen- and evenly distributed, the texture is fine and uniform. Grain
trally positioned in the bottom of a container with an adhesive defines the arrangement or alignment of wood tissue; straight,
to seal the wick sustainer to the bottom. Many wick sustainers 10 spiral or interlocked. The durability, decay and drying and
are difficult though to position centrally. Additionally, many shrinkage qualities will also effect a wick's function.
wick sustainers are made of materials that are not heat resis- The key factors in determining an ideal wood species for
tant or have "self-extinguish" qualities resulting in the over- the use in a candle embodiment include: a fine to medium,
heating of glass causing severe damage, such as by fracturing uniform texture for a consistent burn; a generally straight and
or cracking. Furthermore, the design of a wick sustain can 15 even, vertical grain; resistance to decay; durability (i.e. mini-
either amplify or reduce the risk of "flashover." A variety of mal shifting due to environmental or climate changes); little
wick holders for braided wick technology have been designed tendency to split; shock resistance; strong and stable.
over the past decade or so to reduce fire hazards and increase The key factors in determining a wood species for the use
safety. See, e.g., U.S. Pat. Nos. 1,226,850; 1,267,968; 1,309, in scent dispensing applications, such as for air fresheners and
545; 1,320,109; 1,344,446; 1,505,092; 2,291,067; 2,324,753; 20 perfume delivery applications include resistance to decay;
3,462,235; 3,998,922; and 4,381,914. minimal shrinkage; strong and stable, permeable; and distinc-
It is known in the art to manufacture "freestanding" candles tive scents.
by molding, and wherein a candle body is molded by casting In a detailed aspect of a preferred embodiment of the inven-
the wax in a mold having a wick inserted therein. Maintaining tion, the wick is formed of wood selected from a group
the wicks centrally in the mold during such operation is a 25 consisting of poplar, cherry, maple, wenge, oak, rosewood,
rather difficult procedure, due to the flexibility of braided and bamboo. The wood can have a moisture content of less
wicks. For example, as molten wax cools, it shrinks, causing than about six percent, or alternatively and preferably
wick repositioning, which increases the risk of wax spillage between ten and twelve percent. This wick is thereby com-
as the candle burns. prised of a more rigid, viscous material that can produce a
30 larger wax pool and longer burn rate without compromising
SUMMARY the flame height.
According to another definition of the present invention a
Directed to overcoming the foregoing and other shortcom- candle having a body of meltable fuel and a planar wick is
ings and drawbacks of candle wicks and systems heretofore provided. The wick can be made of wood, semi-wood or
known, the present invention embodies a planar wick and the 35 wood-like material. The wood can be selected from hard-
method and equipment to produce the same. In preferred wood, softwood or tropical woods preferably with straight,
forms, the present invention includes wood, wood-like or vertical grains; fine to medium and uniform in texture;
semi-wood wicks that provide improved capillary flow as medium density; moderate to light weight; low shrinkage;
well as increase the functional surface area. This candle wick excellent strength and stability and resistant to splitting. The
provides additional decoration and an acoustic release. In 40 semi-wood may be wood combined with cotton or cotton-like
accordance with principles of the present invention, a candle material and wood or wood bonded together with natural
wick is provided which is particularly designed to burn effi- adhesives or resins, such as particle board. The wood-like
ciently in a candle system without producing undesirable material can be any material natural or manmade lamina,
smoke and carbon heading. In addition, the wicks are capable replicating rigid, solid sheet-like material, made from mate-
of creating a more stable and uniform wax pool diameter. The 45 rials such as trees, shrubs, leaves and plant tissue and bark.
candle wick is designed to change the physical shape of the The woodlike material consists largely of cellulose and lignin
flame to thereby provide maximum burning efficiency. with vertical, straight grains and a uniform texture.
Candles of the present invention provide a safer, cleaner The fibrous rigidity of the wick of the present invention
burning, decorative, multi-sensory alternative to the prior provides centralized wax pools, safe burning candles, and no
wick technology. 50 wick drowning or wick bending. The wick is continuously
The present invention provides a candle having a body of a stable while the candle burns and does not lean while the
meltable fuel and a planar wick. The meltable fuel can be candle is being manufactured.
vegetable-based, paraffin, beeswax, carnauba, candelillia, The wick can be bleached, dyed or printed on such as by
polymers, polyolesters or other "fuels" as would be apparent printing a message or decorative pattern on the flat surface
to those skilled in the art from this disclosure. When the wick 55 thereof.
is lit, the candle provides a unique flame formation, usable in The planar wood, semi-wood, wood-like wick may be
a variety of decorative applications. The wick can be config- dipped or coated with a wax to seal the wick from obstructive
ured to evenly deplete the meltable fuel, while allowing for elements (i.e. fragrance, dyes, acids, oils or other agents) that
candles having relatively large and unique body configura- may affect the capillary flow, therefore allowing the wick to
tions. Optionally, the body of candle and/or the wick may 60 burn more efficiently and consistently.
include scented oil to promote the release of fragrance upon The absorbent wood material of the wick can be adapted to
heating and the wick may comprise wood, thereby providing be used as wicks in a variety of applications. For example,
an acoustic contribution to ambiance, improved combustion porosity of the longitudinal exterior surface of a wick can be
that generates less soot than conventional candles. highly desirable in scent dispensing applications, such as for
It is recognized in the analysis of wood that a species or 65 air fresheners and perfume delivery applications. The length
genus or a complete botanical affinity or family name is given. of the wick exposed to air may be controlled to regulate the
Each species is typically described in terms of its trade, dis- rate of scent release.
US 8,961,171 B2
7 8
The wick provides an acoustic crackling sound and medium, uniform texture; and straight, vertical grain as listed
depending on the combined fuel may emit more or less acous- above, although these wood families tend to be heavier,
tic sound, as may be desired. Also, the species of wood and denser and softer.
amount of viscous sticky substance (i.e. gum or resin) affects The present invention further relates generally to the field
the volume of the sound; for example, the Rosaceae family of of candle making and in particular to a new and useful sus-
woods, emit a more acoustic crackling sound due to the tainer for a planar wick which extinguishes the candle flame
integrated gum pockets in the wood. and inhibits combustion of residual candle fuel in a container
The wick of the present invention advantageously bums or freestanding for the candle at the end of the candle useful
cleanly without producing carbon heads, mushrooming or life. The present invention thus advantageously provides for a
10 stable wick construction that improves candle safety and per-
after glow. Due to the lack of carbon buildup, the wick when
formance by centering the wick and remaining upright.
extinguished discontinues releasing soot within a minute of
In another detailed aspect of a preferred embodiment of the
being extinguished. (In contrast, today's candles continue to
invention, the candle further includes a wick holder having a
release soot for approximately thirty seconds to five minutes.) base and a support for receiving the planar wick. Optionally,
The wick can be trimmed by breaking the bum wick mate- 15 the wick holder is configured to hold a planar wick upright
rial off with fingers or a cutting device. Typically, the height independent of the body.
of the wick above the wax is 1/s to {fraction (3/i6)} inch. It is In a method of manufacture, a planar wick supported by a
easier than braided wicks to trim and determine the correct wick holder is positioned within a mold and, thereafter, mate-
height. The preferred height of the wick when the candle is rial of the body is poured into the mold. Once the material
manufactured and sold is 1/s to {fraction (3/16)} inch above the 20 sets, the candle can be removed from the mold.
wax. The wick holder raises the wick 1/s to {fraction (3/i6)} The wick holder can comprise a body having a top surface,
inch, thus, extending the wick that distance above the wax for bottom surface, a pair of upper walls connected to the top and
proper burning. bottom surfaces and a planer bore for receiving the wick
The wick can be 1/s to twenty inches in width depending on passing through the two upper walls. A barrier extends hori-
the size of the candle container or desired size of the free- 25 zontally through the side walls. And the barrier and body are
standing candle. The height correlates to the size of the made from noncombustible materials. The upper walls are
candle. The wick can be flat or curved vertically. preferably at least a halfinch in height above the bottom of the
The wick thickness is determined by the type of wax; candle. The raised wick holder is preferably the central posi-
vegetable base waxes tend to need thicker wicks compared to tion through the body for receiving a wick. The body is
petroleum based which is more incendiary. The width is 30 preferably {fraction (1/i6)} to {fraction (l/s)} inch but it may
be cylindrical, pyramid shapes, cube shaped or conical. The
determined by the size of the container verses the thermal
diameter is in direct correlation to the size of the diameter of
flow. For example, a 3/s inch width wick is typically placed in
the bottom of the candle or candle holder/container. This
a three inch diameter petroleum-based pillar, whereas a {frac-
keeps the wick always centrally located.
tion (5/i6)} inch width wick is placed in a three inch vegetable- 35 The wick holder of the present invention differs from prior
based pillar. A four inch round glass container may use a 1h art wick holders in the following ways: it is designed to center
inch width wick with paraffin wax while the same container and hold upright a planar wick, and it is easily inserted into a
with vegetable wax may use a {fraction (5/s)} inch width slit, between two flat walls which hold the wick upright.
wick. There is a centering line on the wick sustain to center the
The present invention wick burns cooler thus causing a 40 wick.
longer bum rate, lower external temperature and lower con- Another invention disclosed herein thus relates to a flame
tainer temperature. This is because the emissions of carbon retardant wick holder and anti-flash wick support for a candle
dioxide, water and other vapors are released and burn up wick in a candle to additionally minimize the risk of flashover.
causing cleaner combustion. Since the wick extends horizon- Using a wick sustain to elevate the exposed portion of the
tally, the candle can consume more wax than a single wick 45 bottom end of a wick from a supporting surface cuts the wick
than prior art candles, thereby causing longer burn rate and a off from the fuel pool once the pool level drops below that
larger wax pool. portion of the wick, thereby extinguishing the candle and
The wick can be manufactured by cutting a log vertically retaining a fuel pool on the supporting surface. This insures
from 0.019 to 0.30 inch and then laser or die cutting to an that a minimum melt pool remains throughout the lifetime of
exact size for the desired candle system. Alternatively, the 50 the candle, and also helps to keep extraneous material away
wick can be wood or woodlike particulars or particulated from the flame. In other words, in addition to extinguishing
adhered or bonded together with a bonding material, pressed the candle, elevating the wick also separates the primary
and cut to size. The candle can have a wick sustainer or holder, flame from the extraneous material in the fuel pool as the pool
and the candle can be made of a fuel capable of melting to lowers.
form a liquid pool and traveling by capillary action to a flame 55 The wick holder or sustain can be made from polymers or
burning on the wick. ceramics and preferably polyethersulfone (PES) with a thick-
The wood may be from a family ofhardwoods, softwood or ness of {fraction (1/32)} inch and which is noncombustible and
tropical woods. The preferred wood qualities are: fine to intumescent when heated, to assist in self-extinguishing and
medium, uniform texture, straight, even vertical grain, high to reducing the heat transferred from the wick sustain to the
medium density and strength, light to medium weight and 60 supporting surface.
shock and split resistant. Preferred wood species or genus The candle can be manufactured by positioning an elon-
include but are not limited to: Adler, Cedar, Cherry, Cypress, gate member in a desired wick location in a candle mold. The
Poplar, Silverbell, Spruce, Rima, and Pillarwood. Cherry and elongate member has the same width and thickness dimen-
Poplar are the most abundant and commercially available in sions as the wick to be used. With the elongate member in
the United States. Additional preferred species or genus of 65 position the molten wax is poured into the mold around the
wood include: Aspen, Basswood, Beech, Birch, Hard Maple, member. The wax is allowed to solidify and the member then
Pacific Yew, Pine and Witch Hazel, due to their fine to pulled out, leaving (or forming) an elongate slot centered in
US 8,961,171 B2
9 10
the wax. The thin planar, substantial rigid wood or wood FIG. 20 is a schematic perspective view of exemplary wick
product wick is then inserted into the straight slot. according to the present invention.
The end of the wick is inserted into the retaining slot of a
wick sustain device press fit into the bottom surface of the DETAILED DESCRIPTION OF EXEMPLARY
candle. EMBODIMENTS
To manufacture a candle, a centering device of the present
invention for planar wicks provides an improved apparatus With reference to the illustrative drawings, and particularly
and method for preparing and installing wicking in free- to FIG. 1, there is shown a candle shown generally at 100
standing candle bodies and comprises in its preferred having a body 120 of a meltable fuel and a planar wick 140.
arrangement a station for forming a passageway in a formed 10 When lit, the candle 100 provides a unique flame formation
candle body to maintain the wick centrally in the mold during usable in a variety of decorative applications. Optionally, the
such operation. The centering device can be manufactured in candle body 120 and/or the wick 140 may include scented oil
metal, polymers or ceramic, preferably polyethersulfane to promote the release of fragrance upon heating, may be
(PES) with a thickness of {fraction (1/32)} inch or applied to bleached, dyed or printed on for decor, and can be configured
and included in these mold compounds polyvinyl chloride, 15
to provide an acoustic contribution to ambiance.
latex systems, silicon rubber systems, polysulfide rubber sys-
The material and thickness of the wick 140 are selected to
tems and polyurethane flexible mold compounds.
promote the candle's functionality as well as the candle's
Other objects and advantages of the present invention will
become more apparent to those persons having ordinary skill contributions to ambiance. In a presently preferred embodi-
in the art to which the present invention pertains from the 20
ment, the wick 140 is made of wood, semi-wood or wood-like
foregoing description taken in conjunction with the accom- material and, when lit, provides a pleasant crackling sound
panying drawings. and burns more thoroughly with less carbon heading and
sooting than conventional wicks. Processed wood materials
BRIEF DESCRIPTION OF THE DRAWINGS such as particleboard and fiberboard may also be used. Over-
25 all, woods having relatively straight, condensed grains and
Amore complete appreciation of the invention and many of without checking make effective wicks. In contrast to tradi-
the attendant advantages thereof will be readily obtained as tional wicks, which require periodic trimming, maintenance
the same becomes better understood by reference to the fol- of wood wicks can be performed with or without any tools.
lowing detailed description when considered in connection Rather, burned edges of wood wicks can be removed with the
with the accompanying drawings, wherein: 30 user's fingers, before relighting.
FIG. 1 is a perspective view of a candle in accordance with Empirical testing has shown that woods such as poplar,
the present invention, the candle having a planar wick; cherry, maple, wenge, oak, rosewood, and bamboo are effec-
FIG. 2 is a cross-section view taken on line 2-2 of FIG. 1, tive with both paraffin-based and vegetable oil-based waxes,
the candle having a wick holder; and are effective when used in conjunction with waxes having
FIG. 3 is a plan view of the wick holder of the candle of 35 melting points between one hundred and ten degrees and one
FIG.1; hundred and ninety degrees Fahrenheit. For example, a wick
FIG. 4 is a cross-sectional view of another preferred formed of cherry wood having a thickness between {fraction
embodiment of a candle in accordance with the invention, (l/s3)} inch and {fraction (l/s)} inch, used in a body of a
depicting a body having zones of different melting points; paraffin or vegetable oil-based wax provides an even bum and
FIG. 5 is a perspective view of another preferred embodi- 40 a pleasant crackling sound. Hard non-brittle, tight grain
ment of a candle in accordance with the invention, depicting woods work best. And cherry is preferred over other species
a body having an asymmetric configuration; of wood for some applications because its higher oil content
FIG. 6 is an exploded view showing candle-making equip- gives it more of a desirable crackling sound when burning.
ment of the present invention; Although testing has shown that some woods, such as walnut,
FIG. 7 is a front view ofan alternative holding device of the 45 ash, birch, pearwood, sapele, pommele, zebrawood, lace-
equipment of FIG. 6; wood, mahogany, pine, teak, ebony, and various burls, are not
FIG. 8 shows a first process step using the assembled as effective, these woods are still within the scope of the
equipment of FIG. 8; invention. Woods having a moisture level of less than about
FIG. 9 shows a second process step of the present inven- six percent have been found to work, but moisture contents of
tion; 50 between ten and twelve percent are preferred.
FIG. 10 is an enlarged sectional view showing the wick The wick 140 can have thicknesses of 0.019-0.028 inch,
sustain device of FIG. 9 in position in the candle; and widths of 1/s to three inches are the safest. The wick height
FIG. 11 is a perspective view of the wick sustain device of depends on the candle height and for example can be 1h inch
FIGS. 9 and 10 illustrated in isolation; to six feet. Wick dimensions can relate to the type of wax
FIG. 12 is a top view thereof; 55 used. While wicks for paraffin candles will be thinner and
FIG. 13 is a side view thereof; narrower (approximately 0.019-0.023 inch), wicks for veg-
FIG. 14 is a bottom view thereof; etable-based waxes will be thicker (approximately 0.023-
FIG. 15 is a cross-sectional view taken on line 15-15 of 0.028 inch). Palm and soy are the main components of veg-
FIG. 12; etable-based waxes. It is also within the scope of the invention
FIG. 16 is a schematic perspective view of exemplary wick 60 to use a paraffin-vegetable-based wax mixture. The wax, fra-
according to the present invention; grance and dye used can all affect the desired wick dimen-
FIG. 17 is a schematic perspective view of exemplary sions. However, as an example for a three-inch diameter
candle according to the present invention; candle, a 3/s-{ fraction (5/s)} inch wide wick can be used.
FIG. 18 is a schematic perspective view of exemplary One way of forming the wood wicks is to have traditional
candle according to the present invention; 65 manufacturers of wood veneers for doors, windows and the
FIG. 19 is a schematic perspective view of exemplary like, cut the veneers in a certain way. They are then die cut to
candle according to the present invention; and a specific size, and pressed and dried as needed, since ifthe
US 8,961,171 B2
11 12
wood wick is too moist it may not produce a consistent flame. centering device 300. The elongate member 320 is inserted
A moisture content of eight to twenty percent is preferred. down into the holding device 360 and held in place by its
Cotton or cotton-like materials can be incorporated into the resilient fingers 300. The fingers 380 can accommodate elon-
wood wick construction. An exemplary wick 800, as shown in gate members (and thus subsequently wicks) of different
FIG. 16, is prepared by sandwiching a piece of cotton 803 5 widths. An alternative holding device construction is shown
between the sheets of wood 801, 805 and sealing the sand- in FIG. 7 generally at 400.
wiched construction with wax. Another example is to make a On bottom surfaces of the centering arms are a plurality of
wood particle/powder fiberboard with small bits of cotton protrusions, 420 having the same size and spacing on both
incorporated therein. sides. The protrusions define grooves 440 for fitting onto the
With continued reference to FIG. 1, the wick 140 is gen- 10 rims 460 of molds 346, as can be seen in FIG. 8. The different
erally straight, as viewed from above the candle and is rela- spaced grooves 440 allow the centering device 300 to be
tively thin and pliable. In other embodiments, the wick 140 placed on molds 340 of different diameters and still accu-
may be configured in various shapes, bent or straight, as rately hold and center the elongate member 320 in the mold.
desired and shown in FIGS. 17and18. For instance, the wick With the centering device 300 in place on the mold 340 and
can be configured, in any decorative shape as viewed from the 15 the elongate member (flat rod) 320 centered in the mold as
top, such as an arc, circle, square, triangle, heart, or an alpha- shown in FIG. 8, the desired amount of molten wax 480 is
numeric shape (e.g., as shown in FIGS. 17 and 18). Also, the poured into the metal or polyethylene mold 340 around the
size and shape of the wick are selected to provide even deple- elongate member 320. The wax 480 is allowed to solidify
tion of the meltable material throughout the life of the candle (which can typically take at least two hours to solidify in a
100, even for unique body configurations (see FIG. 5). For 20 small candle and up to twenty-four hours in a large candle,
example, the wick of a free-standing candle is sized to create depending on the type of wax and wax ingredients), and the
a pool of wax that reaches within 1/s to {fraction (1h)} inch elongate member 320 pulled out to define a slot 500 in the
from the edge of the body 120. Beneficially, the planar wick solidified wax 520, as illustrated in FIG. 9, where the wax is
140 allows for a larger candle that depletes evenly. As shown shown removed from the mold. The wick 540 (140) can be
in FIG. 19, each candle 100 can have one or more wicks 120 25 dipped or coated with wax before being inserted into the slot
configured in the shape of a sheet. Optionally, the wick 140 500. This seals the wick 540 so that the dyes and fragrances of
can be soaked in scented oil to promote the release of fra- the candle wax 540 will not be absorbed into the (porous)
grance when burning, or can be bleached, dyed and printed on wick.
has shown in FIG. 20) for decor. A wick sustain device 600 is press fit into the bottom of the
Referring now to FIGS. 2 and 3, the candle 100 further 30 candle with the slot 620 thereof aligned with the candle slot
includes a wick holder 160 that aids both in the manufacture 500 and a label (not shown) can be applied to the candle
and use of the candle. The wick holder has a base 180 and a bottom over the bottom of the wick sustain device 600. The
support 200 for receiving the wick. The wick holder can be ("planar wick") wick 540 is inserted into the slot 500 in the
configured to hold a wood wick upright independent of the wax down into the slot 620 of the wick sustain device 600, as
body 120. In this embodiment, the base 180 has a width Wl of 35 illustrated in FIG. 10. The wick 540 is thereby consistently
about 0.05 inch and the support 200 has a width W2 of about straight and accurately positioned. When the candle burns
0.09 inch. The support defines a spacing 220 of about 0.02 down to a short height, the wick sustain device 600 holds the
inch for receiving the wick. wick 540 up. The wick 540 should initially extend up between
With reference now to FIG. 4, the body 120 can be formed {fraction (I/id)} to {fraction (114)} inch, and preferably 1/s or
to have regions with different melting points. In this embodi- 40 {fraction (3/16)} inch, above the top surface of the candle. If it
ment, the body has an inner core 220 of a first melting point is too tall, the flame is too high. If it is too short, it is difficult
and an outer core 240 of a second melting point. The inner to light. When relighting it, the burnt ash should be removed
core melting point may be in the region of two hundred to two by hand so that the wood wick 150 extends up about {fraction
hundred and forty degrees Fahrenheit, and the external region (3/16)} inch.
melting point may be between one hundred and twenty and 45 The wick sustain device 600 is shown in isolation in FIGS.
one hundred and sixty degrees Fahrenheit. Although, the 11-15. It is seen to include a round base member 640 and
preferred melting point of inner core is between one hundred structure 660 secured thereto and defining the upwardly fac-
and forty to one hundred and sixty degrees Fahrenheit and the ing wick-receiving slot 620. The structure is essentially two
outer core is between one hundred and twenty-five and one spaced plates 680, 700, one taller than the other so that the
hundred and thirty-five degrees Fahrenheit. This may avoid 50 wick is easier to install and is held straight upright. The slot
the external appearance of cracks in the candle. In a preferred 620 is 0.5 inch long, 1.5 inch wide, and0.35 inch deep, but not
embodiment, the inner core 220 has a width W of at least 1.5 limited to these proportions or dimensions. The base member
inches to ensure that the heat of the wick 120 does not pro- 640 can have a diameter of two inches.
mote the fast melting of the external region 140. The external With the wick 540 in place, a finishing step-a topping
region may have a thickness of at least one inch. 55 off--can be conducted. Additional wax can be poured on top
The wick 120 should be positioned accurately in the of the candle and a heat gun used to smooth it out and put a
desired location. If it leans to one side on the other as can glaze on it.
occur by the tension of the cooling wax, the candle 100 will Standard cotton wick candles have a tall flame height and a
bum unevenly. To ensure an accurate positioning of the wick small pool size. So for larger candles, more cotton wicks are
120, unique equipment and manufacturing method have been 60 used for a single candle. This creates inconsistent wax pool
developed. And the equipment and method can best be under- and flame height and does not efficiently use the candle. Thus,
stood from FIGS. 6-10, and the discussion below. with the present invention a single longer wick 540 (e.g., 1114
Referring thereto it is seen that a centering device 300 is inches for a six inch candle), with a safe flame height, can be
provided which centers an elongate member 320, a flat metal, used. Due to a cooler bum the candle lasts longer.
ceramic or plastic rod, in the candle mold 340. More specifi- 65 It should be appreciated from the foregoing description
cally, the holding device, piece 360 is snap fit via a button in that the present invention provides candles usable in a variety
the middle of the centering arms (or wings) 380 to form the of decorative applications and having unique flame forma-
US 8,961,171 B2
13 14
tions. Optionally, the candle may include scented oil to pro- 14. The candle wick of claim 1, wherein the width dimen-
mote 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 mem-
throughout 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 modifi-
19. The candle of claim 16, wherein the solid planar mem-
cations of the present invention which come within the prov-
ber comprises wood and the second member comprises cot-
ince of those skilled in the art. The scope of the invention
includes any combination of the elements from the different ton.
species or embodiments disclosed herein, as well as subas- 15 20. The candle of claim 19, further comprising a third
semblies, assemblies, and methods thereof However, it is member comprising wood.
intended that all such variations not departing from the spirit 21. The candle of claim 20, wherein the second member is
of the invention be considered as within the scope thereof. interposed between the solid planar member and the third
The invention claimed is: member.
1. A candle, comprising: 20 22. The candle of claim 16, wherein at least one of the solid
a solid planar member; and planar member and the second member comprises a fiber-
a body ofmeltable fuel; board material.
wherein: 23. The candle of claim 16, wherein at least one of the solid
the solid planar member has a height dimension, a width planar member and the second member comprises an
dimension, and a thickness dimension; 25 unwoven fibrous material.
the height dimension is greater than the width dimension 24. The candle of claim 16, wherein at least one of the solid
and extends from a base of the candle to a top surface of planar member and the second member comprises wood par-
the body of meltable fuel; ticles that have been adhered, bonded, pressed and cut to size.
the width dimension is greater than the thickness dimen- 25. The candle of claim 16, wherein at least one of the solid
sion; 30 planar member and the second member comprises added
the thickness dimension is from 0.018 to 0.23 inches; resm.
the solid planar member comprises cellulose, and lignin; 26. The candle of claim 1,
the solid planar member comprises generally straight wherein the candle wick is held in an upright position by a
grains extending substantially in the height dimension; wick holder.
the solid planar member has a moisture content of from 6 to 35 27. The candle of claim 1, wherein the thickness dimension
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 addi-
comprises poplar wood. 40 tional solid planar member.
3. The candle of claim 1, wherein the solid planar member 30. The candle of claim 29, wherein the solid planar mem-
comprises 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 com- wherein:
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 vegetable- dimension, 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 com- the width dimension is greater than the thickness dimen-
prises 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 com- each 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 com-
has 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.
has been subjected to drying. 32. The candle wick of claim 31, wherein the second mem-
11. The candle of claim 1, wherein the height dimension of ber is adhered to the solid planar member with wax.
the solid planar member is from 1h inch to four feet. 33. The candle wick of claim 31, wherein the second mem-
12. The candle wick of claim 1, wherein the height dimen- ber is substantially identical to the solid planar member.
sion of the solid planar member is from 1 inch to six feet. 65 34. The candle wick of claim 31, wherein the second mem-
13. The candle of claim 1, wherein the height dimension of ber comprises a different fibrous material than the solid planar
the rigid planar member is from 1 to 9 inches. member.
US 8,961,171 B2
15 16
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 mem-
ber 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 10
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 mem-
ber comprises a curved portion when viewed from above. 15
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 20
planar members.
44. The candle of claim 43, wherein the multiple solid
planar members differ in dimension.
* * * * *
Illlll llllllll Ill lllll lllll lllll lllll lllll 111111111111111111111111111111111
US008961171Cl
c12) EX PARTE REEXAMINATION CERTIFICATE (11014th)

United States Patent c10) Number: US 8,961,171 Cl
Decker (45) Certificate Issued: Dec. 22, 2016
(54) CANDLE HAVING A PLANAR WICK AND (52) U.S. Cl.

METHOD OF AND EQUIPMENT FOR CPC ....................................... F23D 3116 (2013.01)
MAKING SAME (58) Field of Classification Search
None
(76) Inventor: DayNa M Decker, Studio City, CA See application file for complete search history.
(US)
(56) References Cited
Reexamination Request:
No. 90/020,101, Jun. 10, 2016 To view the complete listing of prior art documents cited
during the proceeding for Reexamination Control Number
Reexamination Certificate for: 90/020,101, please refer to the USPTO's public Patent
Patent No.: 8,961,171 Application Information Retrieval (PAIR) system under the
Issued: Feb. 24, 2015 Display References tab.
Appl. No.: 12/848,527
Primary Examiner - Patricia Engle
Filed: Aug. 2, 2010
(57) ABSTRACT
Related U.S. Application Data
A candle having a body of a meltable fuel and a planar wick.
(63) Continuation of application No. 10/759,508, filed on When lit, the candle provides a unique flame formation,
Jan. 15, 2004, now Pat. No. 8,348,662, which is a usable in a variety of decorative applications. The wick can
continuation-in-part of application No. 10/300,695, be configured to evenly deplete the meltable fuel, while
filed on Nov. 19, 2002, now abandoned. allowing for candles having relatively large and unique body
(60) Provisional application No. 60/331,898, filed on Nov. configurations. The body of candle and/or the wick may
19, 2001. include scented oil to promote the release of fragrance upon
heating. The wick preferably is formed of wood, thereby
(51) Int. Cl. providing an acoustic contribution to ambiance and
F23D 3116 (2006.01) improved combustion that generates less soot than conven-
F23D 3118 (2006.01) tional cotton wick candles.
100
\ 140 1-·
\. I '
~·~~-:...
120
..
----~-~
I .,
v~·
US 8,961,171 Cl
1 2
EXPARTE
REEXAMINATION CERTIFICATE
NO AMENDMENTS HAVE BEEN MADE TO
THE PATENT
AS A RESULT OF REEXAMINATION, IT HAS BEEN

DETERMINED THAT:
10
The patentability of 1-44 is confirmed.
* * * * *
Exhibit C
Exhibit D
Exhibit E
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Exhibit F
September 20, 2019

Via Email
ERIC W. SCHWEIBENZ
(703) 412-4539
ESCHWEIBENZ@OBLON.COM
The Michaels Companies, Inc.

c/o Heather Morschauser, Director – Associate General Counsel
8000 Bent Branch Drive
Irving, Texas 75063
Re: Lumetique Wooden Wick Patents
Dear Ms. Morschauser:
As you may recall from our earlier correspondence from June 6, 2016, onward, our firm
represents Lumetique in various intellectual property matters. Despite our earlier
communications regarding Lumetique’s Wooden Wick Patents, we understand that The Michaels
Companies, Inc. (“Michaels”) continues its infringing sales activities. This includes, at a
minimum, and without limitation, Michaels’ sale of planar wood candle wicks.1
Lumetique has extensive intellectual property rights relating to candle designs including,
without limitation, planar-shaped wooden wicks. Lumetique believes that Michael’s wooden
wicks by themselves, and when included in candles, infringe various Lumetique patents. In this
regard, we refer Michaels to the following portfolio of patents owned or exclusively licensed by
Lumetique, a portfolio that has grown significantly over the past several years:
U.S. Patent No. 8,348,662

U.S. Design Patent No. D643,554
1
https://www.michaels.com/wood-wick-and-clips-by-artminds/10200807.html
OBLON, MCCLELLAND, MAIER & NEUSTADT, L.L.P.
1940 DUKE STREET  ALEXANDRIA, VIRGINIA 22314  U.S.A.
TELEPHONE: 703-413-3000  FACSIMILE: 703-413-2220  WWW.OBLON.COM
September 20, 2019
Page 2

European Patent No. 1,794,267
More specifically, and as examples only, we direct Michaels’ attention to the claims of
the ’662, ’171, and ’696 patents, which cover wooden candle wicks alone, as well as such wicks
in combination with a candle. Michaels’ sale, distribution, and offer for sale of its wooden
candle wicks infringe these patents either directly or indirectly via induced and/or contributory
infringement. By way of additional example, and without limitation, Michaels’ sale,
distribution, and offer for sale of its wooden candle wicks directly infringe the ’696 patent’s
claim 42. Similarly, Michaels induces and/or contributorily infringes, at a minimum, the ’662
patent’s claim 1, the ’171 patent’s claim 1, as well as the ’696 patent’s claim 1.
Moreover, Michaels’ wooden candle wicks are immediately recognizable as copies of

Lumetique’s patented designs. As shown below, Michaels’ planar wooden candle wicks are
virtually identical to the designs claimed in, at a minimum, the D’459 patent.
D’459 Exemplary Figure 5 Michaels’ Exemplary Product

September 20, 2019
Page 3
As you are no doubt aware, Lumetique takes infringement of its intellectual property
rights very seriously and has successfully enforced many of its wooden wick patents in U.S.
federal court. Lumetique demands that Michaels immediately cease and desist marketing,
distributing, selling, and offering its wooden candle wick products for sale. Further, Lumetique
demands an accounting for all past sales of Michael’s infringing wooden candle wick products, a
royalty for such sales, and destruction of any remaining goods. Once that information is
provided, Lumetique will be in a position to discuss an appropriate royalty for past infringing
sales.
We look forward to your prompt response to this letter by no later than October 1, 2019.
If we do not hear from you by then, Lumetique intends to initiate legal action.
Very truly yours,
OBLON, McCLELLAND,
MAIER & NEUSTADT, L.L.P.
Eric W. Schweibenz
Exhibit G
Exhibit H
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Exhibit I
Each single wood wick will make 3 in (7 .6 cm) to 4 In ( 10_ 1 <m)

diameter jars. Wicks are 100% natural product that is fre� of themical
treatments and does not require wick trimn,ing a�e, burn cyde.s.
When sized properly, there is no smoking or "mushrooming':
Chaqu@ meche en bois permettra de fabriquu des bocaux de
diarn i>tre de 7.6 cm i, 10.1 cm. Les meches sont des produits 100%
nature ls, sans traitements chimiques '1!t ii n'est pas n�cessaire de
couper les meches apres les cycles de coonbustion. lorsque la taille est
adequate, ii n'y a pas de production de fumee ni de proliferation.
Cada pabilo de madera individual sirve para fabricar velas en frascos
de 7.6 cm x 10.1 cm de diametro. Los pabilos estan hechos de un
producto 100% natural que norecibe ningun tratamiento quionico y
nohay que recortar el extrema del pabilo despues de cada ciclo de
encendido. Sise utiliuu, las medidas apropiadas, la cera no emana
humos y nose forman protuberancias en el extr e mo del pabilo.
Instructions:
For use with premium jar wax only. Slide wood wick into wick
clip carefully so not to bend wick. Using wax adhesive to
secure wick clip to center of jar. Pour wax following wax
instructions. Trim wick to¼ in (6.3 mm} after wax is set.
Instructions
Seulement pour une utilisation avec de la cire en bocal de
qualite. Faire glisser la meche de bois avec precaution dans la
pince de meche afin de ne pas plier la meche. Fixer la pince
de la meche au centre du bocal a l'aide de cire adhesive.
Verser la cire en suivant les instructions fournies. Une fois la
cire durcie, couper la meche a 6.3 mm.
Instrucciones:
Para usar (micamente con cera para velas en recipiente de
primera calidad. Deslizar el pabilo de madera por el gancho
del pabilo con cuidado para que el pabilo no se doble. Usar
adhesive para cera para asegurar el gancho del pabilo en el
centro del recipiente. Verter la cera seg(m las instrucciones de
la cera. Recortar el pabilo hasta que mida 6.3 mm despues de
que la cera se asiente
200807 94493-2019--07
4 00100 91135 a
DISTRIBUTED BY/ DISTRIBU PAR
DISTRIBUIDO POR
MSPCI
8000 B NT BRANCH DRIV
IRVING, TX 750 3
MADE IN VffTNAM / I-ABl1IOUr AU VI[ l NAM
HECI 10 [ N VI[ 1 N/\M
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Lumetique, Inc. The Michaels Companies, Inc.
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Kenneth L. Dorsney, Esq. (#3726)
Morris James LLP
500 Delaware Ave., Suite 1500, Wilmington, DE 19801; (302) 888-6800
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. §§ 1, et seq.
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
11/18/2019 /s/ Kenneth L. Dorsney
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Lumetique v. The Michaels Companies - Complaint

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Lumetique v. The Michaels Companies - Complaint

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Case 1:19-cv-02156-UNA Document 1 Filed 11/18/19 Page 1 of 15 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

COMPLAINT FOR PATENT INFRINGEMENT

D705,459 (the “’459 Patent”) (collectively, “Patents-In-Suit”).

1. Lumetique is a Delaware corporation with its principal place of business at 1440A

South Coast Highway, Laguna Beach, California 92651.

2. Upon information and belief, Defendant Michaels is a Delaware corporation with

JURISDICTION AND VENUE

actions pursuant to 28 U.S.C. §§ 1331 and 1338.

would be shipped into this district.

6. Lumetique is the owner by assignment of the ’662 Patent, entitled “Candle

on January 8, 2013. The ’662 Patent is appended hereto as Exhibit A.

7. Lumetique is the owner by assignment of the ’171 Patent, entitled “Candle

on February 24, 2015. The ’171 Patent is appended hereto as Exhibit B.

8. Lumetique is the owner by assignment of the ’696 Patent, entitled “Candle

on August 9, 2016. The ’696 Patent is appended hereto as Exhibit C.

Patent is appended hereto as Exhibit D.

FIRST CLAIM FOR RELIEF

(Infringement of U.S. Patent No. 9,410,696)

https://www.michaels.com/wood-wick-and-clips-by-artminds/10200807.html, Exhibit E), which

directly infringes at least claim 42 of the ’696 patent.

height dimension of approximately 6 inches, a width dimension of approximately .5 inches, and

comprise cellulose and lignin.

would directly infringe at least claim 1 of the ’696 Patent.

16. Michaels’ actions also constitute contributory infringement in violation of 35

infringement by Defendant has been an egregious case of misconduct beyond typical

to be irreparably damaged by such infringement unless enjoined by the Court.

SECOND CLAIM FOR RELIEF

(Infringement of U.S. Patent No. 8,348,662)

of its “Wood Wick & Clips by ArtMindsTM” product (available at

(https://www.michaels.com/wood-wick-and-clips-by-artminds/10200807.html, Exhibit E), to

into a candle with a body of meltable fuel (e.g., candle wax).

dimension of approximately 6 inches, a width dimension of approximately .5 inches, and a

thickness dimension of approximately .02 inches.

patent and its infringement.

infringement and/or contributory infringement. Lumetique’s February 26, 2016 letter to

“Wood Wick & Clips by ArtMindsTM” product.

would directly infringe at least claim 1 of the ’662 Patent.

24. Michaels’ actions also constitute contributory infringement in violation of 35

infringement by Defendant has been an egregious case of misconduct beyond typical

to be irreparably damaged by such infringement unless enjoined by the Court.

THIRD CLAIM FOR RELIEF

(Infringement of U.S. Patent No. 8,961,171)

of its “Wood Wick & Clips by ArtMindsTM” product (available at

(https://www.michaels.com/wood-wick-and-clips-by-artminds/10200807.html, Exhibit E), to

into a candle with a body of meltable fuel (e.g., candle wax).

dimension of approximately 6 inches, a width dimension of approximately .5 inches, and a

and lignin and has a moisture content from 6 to 14%.

patent and its infringement.

“Wood Wick & Clips by ArtMindsTM” product.

would directly infringe at least claim 1 of the ’171 Patent.

32. Michaels’ actions also constitute contributory infringement in violation of 35

infringement by Defendant has been an egregious case of misconduct beyond typical

to be irreparably damaged by such infringement unless enjoined by the Court.

FOURTH CLAIM FOR RELIEF

(Infringement of U.S. Design Patent No. D705,459)

https://www.michaels.com/wood-wick-and-clips-by-artminds/10200807.html, Exhibit E), which

wicks with the patented design further demonstrates infringement:

notice of the ’459 patent and its infringement.

infringement by Defendant has been an egregious case of misconduct beyond typical

to be irreparably damaged by such infringement unless enjoined by the Court.

REQUEST FOR A JURY TRIAL

PRAYER FOR RELIEF

WHEREFORE, Lumetique prays for the following relief:

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