DCT
2:23-cv-10033
Stache Products LLC v. Atrium Tech Co LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Stache Products, LLC (Maryland)
- Defendant: Atrium Technologies Co. LLC dba Cali Kulture (Delaware)
- Plaintiff’s Counsel: Sriplaw, PLLC.
- Case Identification: 2:23-cv-10033, C.D. Cal., 11/29/2023
- Venue Allegations: Plaintiff alleges venue is proper because Defendant maintains a regular and established place of business in the district and has committed acts of infringement there.
- Core Dispute: Plaintiff alleges that Defendant’s "RIG IN ONE" portable dab rig products infringe three utility patents and one design patent related to integrated vaporization devices.
- Technical Context: The technology concerns all-in-one vaporization devices, known as "dab rigs," designed for consuming cannabinoid concentrates, a significant segment of the consumer smoking and vaporization market.
- Key Procedural History: The complaint notes that U.S. Patent Nos. 11,497,244 and 11,497,252 are continuations of U.S. Patent No. 10,786,006, indicating they share a common specification and priority date.
Case Timeline
| Date | Event |
|---|---|
| 2018-10-11 | D'933 Design Patent Filing Date |
| 2018-11-20 | ’006, ’244, and ’252 Patents Priority Date |
| 2020-01-14 | D'933 Design Patent Issue Date |
| 2020-09-29 | ’006 Patent Issue Date |
| 2022-11-15 | ’244 Patent Issue Date |
| 2022-11-15 | ’252 Patent Issue Date |
| 2023-11-29 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,786,006 - "Vaporization Device," Issued Sep. 29, 2020
The Invention Explained
- Problem Addressed: The patent describes conventional vaporization rigs as being "large, burdensome, hard to transport, indiscreet, and hard to use with one hand," typically requiring a user to hold the rig in one hand and a heating torch in the other ('006 Patent, col. 2:37-43).
- The Patented Solution: The invention is a self-contained vaporization apparatus that integrates a support structure, a vaporization rig, and a heating element (e.g., a torch) into a single unit. The support structure has a receptacle on its top surface to hold the vaporization rig and a hole in its front to hold the torch, positioning them so the torch's flame automatically aligns with the heatable "nail" of the rig, enabling one-handed operation ('006 Patent, Abstract; col. 2:46-54).
- Technical Importance: This design sought to solve the problem of portability and ease-of-use for dab rigs, which previously required two hands and multiple separate components for operation ('006 Patent, col. 4:45-59).
Key Claims at a Glance
- The complaint asserts independent claim 1 and reserves the right to assert others (Compl. ¶32).
- Claim 1 requires:
- A support structure with a top, bottom, front end, back end, a receptacle in the top, and a hole in the front end.
- A heating element insertable into the hole.
- A vaporization rig securable in the receptacle, which itself comprises a main body, a nail, and a mouthpiece.
- An alignment feature, wherein securing the rig in the support structure aligns a heatable portion of the rig with a heat generating portion of the heating element.
U.S. Patent No. 11,497,244 - "Vaporization Device," Issued Nov. 15, 2022
The Invention Explained
- Problem Addressed: The patent addresses the same problem as its parent '006 patent: the cumbersome and two-handed nature of traditional vaporization rigs ('244 Patent, col. 1:36-44).
- The Patented Solution: The invention provides an integrated vaporization apparatus. This patent claims a support structure with a "first receptacle" on top for the vaporization rig and a "second receptacle" for the heating element. The key relationship is the fixed spacing between the two receptacles, which ensures that the heatable part of the rig is longitudinally aligned with the heat source when both are installed ('244 Patent, Claim 1).
- Technical Importance: The solution provides the same functional benefit of one-handed operation as the parent patent, but frames the structural elements with different terminology ('244 Patent, col. 4:50-60).
Key Claims at a Glance
- The complaint asserts independent claim 1 and reserves the right to assert others (Compl. ¶37).
- Claim 1 requires:
- A support structure with a top and bottom, defining a "first receptacle" and a "second receptacle."
- A heating element insertable into the second receptacle.
- A vaporization rig securable in the first receptacle.
- The first receptacle is configured to frictionally engage the rig.
- The second receptacle is spaced from the first, such that securing the rig longitudinally aligns a heatable portion of the rig with a heat generating portion of the heating element.
Multi-Patent Capsule: U.S. Patent No. 11,497,252
- Patent Identification: U.S. Patent No. 11,497,252, "Vaporization Device," Issued Nov. 15, 2022.
- Technology Synopsis: This patent addresses the inconvenience of traditional multi-part dab rigs by disclosing a body that includes an interior cavity to house the heating element and separate receptacles on the top surface for different parts of the vaporization rig. The configuration positions a heat outlet in the body to align with the heatable portion of the rig, creating an integrated, all-in-one device ('252 Patent, Abstract; col. 2:1-12).
- Asserted Claims: The complaint asserts independent claim 1 and reserves the right to assert others (Compl. ¶42).
- Accused Features: The integrated structure of the "RIG IN ONE" device, which combines a body, a heating element, and a vaporization rig into a single unit (Compl. ¶16-17).
Multi-Patent Capsule: U.S. Design Patent No. D872,933 S
- Patent Identification: U.S. Design Patent No. D872,933 S, "Vaporization rig," Issued Jan. 14, 2020.
- Technology Synopsis: The patent protects the ornamental design for a vaporization rig, specifically the visual appearance of the main body component of the rig as shown in its figures (D'933 Patent, Figs. 1-9).
- Asserted Claims: The single claim of the design patent (Compl. ¶47).
- Accused Features: The overall ornamental appearance of the Defendant's "RIG IN ONE" branded device is alleged to be substantially the same as the patented design, creating a similar visual impression (Compl. ¶17, ¶46).
III. The Accused Instrumentality
Product Identification
- Defendant's "RIG IN ONE" branded devices, which are also marketed as the "Cookies" branded "EASY TO USE PORTABLE DAB RIG" (Compl. ¶16-17).
Functionality and Market Context
- The complaint alleges the accused product is an "all-in-one rig device that flash heats cannabinoid concentrates to the point of vaporization, utilizing a torch," and that it "operates identically to Plaintiff's product" (Compl. ¶17). The complaint includes a visual of the accused product's packaging, which shows a device comprising a base unit, a torch lighter, and glass components. This image shows the accused device, a portable dab rig branded "RIG IN ONE" and "Cookies," which is the subject of the infringement allegations (Compl. p. 5).
IV. Analysis of Infringement Allegations
The complaint provides a general theory of infringement rather than a detailed element-by-element mapping. The following charts are based on the descriptions in the complaint and reasonable inferences therefrom.
’006 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a support structure including a front end, a back end, a top, a bottom, a receptacle formed in the top, and a hole formed in the front end, the hole extending towards the back end of the support structure | The main body of the accused "RIG IN ONE" device, which holds both the glass rig and the torch lighter (Compl. ¶17; Image on p. 5). | ¶12, ¶17 | col. 11:13-20 |
| a heating element, a portion of which is insertable the hole of the support structure | The torch component that is integrated into the body of the accused device (Compl. ¶17). | ¶17 | col. 11:21-23 |
| a vaporization rig that is securable in the receptacle of the support structure, ... the vaporization rig comprising: a main body ... a nail ... and a mouthpiece | The glass components of the accused device, including the main chamber, nail, and mouthpiece, which are seated in the device's main body (Compl. ¶17). | ¶17 | col. 11:24-40 |
| securing the vaporization rig in the support structure aligns a heatable portion of the vaporization rig with a heat generating portion of the heating element | The "all-in-one" design of the accused device positions the torch to heat the nail of the glass rig (Compl. ¶17). | ¶17 | col. 11:26-34 |
’244 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a support structure including a front end and a back end being bounded by a top and a bottom, wherein the top defines a first receptacle, and wherein the support structure also defines a second receptacle | The main body of the accused device, which contains a first opening ("receptacle") for the glass rig and a second opening ("receptacle") for the torch (Compl. ¶17). | ¶12, ¶17 | col. 11:15-20 |
| a heating element, a portion of which is insertable into the second receptacle | The torch component that is integrated into the second opening in the accused device's body (Compl. ¶17). | ¶17 | col. 11:21-23 |
| a vaporization rig that is securable in the first receptacle | The glass rig component that is seated in the first opening of the accused device's body (Compl. ¶17). | ¶17 | col. 11:24-25 |
| the first receptacle is configured to frictionally engage one or more outer sidewalls of a main body of the vaporization rig to removably secure the vaporization rig | The complaint alleges the accused product operates identically to Plaintiff's, which is described in the patent as using frictional engagement to secure the rig ('244 Patent, col. 2:6-9; Compl. ¶17). | ¶17 | col. 11:27-31 |
| the second receptacle is spaced from the first receptacle by a distance such that securing the vaporization rig in the first receptacle longitudinally aligns a heatable portion of the vaporization rig with a top of a heat generating portion of the heating element | The integrated "all-in-one" design of the accused device, which inherently spaces and aligns the torch and the nail (Compl. ¶17). | ¶17 | col. 11:32-38 |
- Identified Points of Contention:
- Scope Questions: A central dispute may arise over the distinction between the claim terms "hole" (in the ’006 patent) and "second receptacle" (in the ’244 patent) as applied to the opening for the torch in the accused device. Whether the opening in the accused product constitutes a mere "hole" or a distinct "receptacle" could be a critical issue for claim construction and infringement.
- Technical Questions: The complaint's assertion that the accused device "operates identically" (Compl. ¶17) is conclusory. A key technical question will be whether the specific structural relationships and alignment mechanisms described in the patents (e.g., '006 Patent, Fig. 3A) are present in the accused product, an inquiry for which the complaint provides no detailed evidence.
V. Key Claim Terms for Construction
- The Term: "receptacle"
- Context and Importance: This term is fundamental to the structure of the invention and appears in the asserted claims of both the '006 and '244 patents. Its construction is critical because the '006 patent claims one "receptacle" (for the rig) and a "hole" (for the torch), while the '244 patent claims a "first receptacle" and a "second receptacle". The defendant may argue the accused device has a "receptacle" and a "hole," but not two distinct "receptacles," in an attempt to avoid infringement of the '244 patent.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the "receptacle" in general terms as being "sized to receive a main body of a vaporization rig" ('006 Patent, col. 5:27-29). A party could argue that any opening designed to receive and hold a component meets the ordinary meaning of "receptacle".
- Evidence for a Narrower Interpretation: The '006 patent consistently distinguishes between the "receptacle" for the rig and the "hole" for the torch (e.g., '006 Patent, Claim 1). Practitioners may focus on this distinction, arguing that the patentee acted as its own lexicographer, giving "receptacle" a specific meaning (a feature for securing the complex rig) that is different from a simple "hole" (for the torch).
VI. Other Allegations
- Willful Infringement: The complaint alleges that Defendant had "knowledge of the patents" and that its infringing acts were therefore "knowing and willful" (Compl. ¶18, ¶55). The prayer for relief explicitly requests a finding of willful patent infringement (Prayer for Relief, ¶C). The complaint does not specify whether the alleged knowledge was pre-suit or post-suit.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of claim scope: can the term "second receptacle" in the '244 patent be construed to read on the opening for the torch in the accused device, or does the patent's own language and the language of the parent '006 patent limit that opening to being a "hole"? The resolution of this construction issue may determine which, if any, utility patent applies.
- A key evidentiary question will be one of structural and functional proof: given the complaint's high-level allegations, the case will turn on whether Plaintiff can provide sufficient technical evidence to prove that the accused device meets every structural limitation of the asserted claims, especially the precise "longitudinal alignment" between the heating element and the vaporization rig as detailed in the patent specifications.
- For the design patent claim, the central question for the fact-finder will be one of overall appearance: would an ordinary observer, viewing the accused "RIG IN ONE" device, be deceived into thinking it is the design shown in the D'933 patent, taking into account the prior art in the field of vaporization rigs?