DCT
2:24-cv-02327
Stache Products LLC v. TSJ Distributors Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Stache Products, LLC (Maryland)
- Defendant: TSJ Distributors Inc dba The Supply Joint (California)
- Plaintiff’s Counsel: Sriplaw, PLLC.
- Case Identification: 2:24-cv-02327, C.D. Cal., 03/21/2024
- Venue Allegations: Plaintiff alleges venue is proper because Defendant maintains a regular and established place of business in the district and has committed the alleged acts of infringement there.
- Core Dispute: Plaintiff alleges that Defendant’s "RIG IN ONE" vaporization devices infringe three utility patents and one design patent related to portable, all-in-one vaporization apparatuses.
- Technical Context: The technology concerns portable vaporization devices, commonly known as "dab rigs," which are used to consume cannabinoid concentrates by heating them with a torch.
- 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, suggesting a shared specification and potentially related claim scope across the utility patents.
Case Timeline
| Date | Event |
|---|---|
| 2018-10-11 | Priority Date for U.S. Design Patent D872,933 |
| 2018-11-20 | Priority Date for U.S. Patent Nos. 10,786,006, 11,497,244, and 11,497,252 |
| 2020-01-14 | U.S. Design Patent D872,933 Issues |
| 2020-09-29 | U.S. Patent No. 10,786,006 Issues |
| 2022-11-15 | U.S. Patent No. 11,497,244 Issues |
| 2022-11-15 | U.S. Patent No. 11,497,252 Issues |
| 2024-03-21 | Complaint Filed |
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's background 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 and a separate heat source, such as a torch, simultaneously (’006 Patent, col. 1:38-44).
- The Patented Solution: The invention is a vaporization apparatus that integrates a support structure, a heating element (e.g., a torch), and a vaporization rig into a single, hand-held unit. The support structure features a hole for the heating element and a receptacle for the rig, which are specifically positioned to "align a heatable portion of the vaporization rig with a heat generating portion of the heating element" (’006 Patent, Abstract). This configuration is designed to enable stable, one-handed operation (’006 Patent, col. 4:25-30).
- Technical Importance: By combining the rig and its heat source into a single device, the invention aims to improve the portability, convenience, and safety of using vaporization rigs, reducing the need for multiple hands and mitigating burn risks associated with handling a separate, hot torch (’006 Patent, col. 4:45-59).
Key Claims at a Glance
- The complaint asserts infringement of at least Claim 1 (Compl. ¶32).
- Independent Claim 1 of the ’006 Patent recites:
- A vaporization device comprising a support structure, a heating element, and a vaporization rig.
- The support structure includes a receptacle and a hole for the heating element.
- The vaporization rig is securable in the receptacle and comprises a main body, a nail with a nail receptacle for an inhalable substance, and a mouthpiece.
- Securing the rig in the support structure "aligns a heatable portion of the vaporization 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: As a continuation of the '006 Patent, the '244 Patent addresses the same problem of conventional vaporization rigs being unwieldy and requiring two-handed operation (’244 Patent, col. 1:20-44).
- The Patented Solution: This patent claims the apparatus with more structural specificity, describing a support structure with a "first receptacle" for the vaporization rig and a "second receptacle" for the heating element. A key aspect of the solution is that the first receptacle is "configured to frictionally engage one or more outer sidewalls of a main body of the vaporization rig" to secure it, while the spacing between the two receptacles ensures the "longitudinally aligns a heatable portion of the vaporization rig with a top of a heat generating portion of the heating element" (’244 Patent, Claim 1).
- Technical Importance: The invention provides a specific structural arrangement for an integrated vaporization device that securely holds components in functional alignment, enhancing user convenience and safety (’244 Patent, col. 2:28-33).
Key Claims at a Glance
- The complaint asserts infringement of at least Claim 1 (Compl. ¶37).
- Independent Claim 1 of the ’244 Patent recites:
- A vaporization device comprising a support structure, a heating element, and a vaporization rig.
- The support structure defines a "first receptacle" and a "second receptacle."
- The first receptacle is configured to "frictionally engage" the vaporization rig to removably secure it.
- The second receptacle is spaced from the first by a distance that "longitudinally aligns a heatable portion of the vaporization rig with a top of 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 continuation patent describes a vaporization apparatus with a body containing a first receptacle for a removable heating element and a second, separate receptacle on its top surface for the vaporization rig. The invention is characterized by its ability to be used with a removable heating element and a body featuring a "contoured grip" for easy one-handed operation (’252 Patent, Claim 1).
- Asserted Claims: At least Claim 1 (Compl. ¶42).
- Accused Features: The "RIG IN ONE" device's integrated body, torch holder, and rig receptacle are alleged to infringe (Compl. ¶¶16-17).
Multi-Patent Capsule: U.S. Design Patent D872,933 S
- Patent Identification: U.S. Design Patent D872,933 S, "Vaporization rig," Issued Jan. 14, 2020.
- Technology Synopsis: The patent claims the ornamental design for a vaporization rig, covering the specific visual appearance of the support structure as depicted in the patent's figures, including its overall shape, proportions, and the placement of surface features like the hole and mouthpiece (’933 Patent, Claim, FIGS. 1-8).
- Asserted Claims: The single claim of the design patent (Compl. ¶47).
- Accused Features: The overall visual appearance of the Defendant's "RIG IN ONE" product is alleged to infringe (Compl. ¶¶16-17).
III. The Accused Instrumentality
Product Identification
The complaint identifies "one or more dab rig products" branded "RIG IN ONE" that are imported, offered for sale, distributed, and sold by the Defendant (Compl. ¶¶16, 17).
Functionality and Market Context
The accused product is described as an "all-in-one rig device that flash heats cannabinoid concentrates to the point of vaporization, utilizing a torch" (Compl. ¶17). A photograph provided in the complaint shows the accused product in its packaging, which labels it as an "EASY TO USE PORTABLE DAB RIG" (Compl. p. 5). The complaint alleges that these devices "operate identically to Plaintiff's product which is protected by the Patents" (Compl. ¶17). Another image shows the Plaintiff's "RIO Matte dab rig" product, which bears the "RIG IN ONE" mark and depicts a similar integrated torch-and-rig configuration (Compl. p. 4).
IV. Analysis of Infringement Allegations
The complaint does not provide a detailed mapping of claim elements to specific features of the accused product, instead relying on general allegations of infringement. The following analysis is based on these general allegations and the visual evidence provided.
’006 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A vaporization device comprising: a support structure including... a receptacle formed in the top, and a hole formed in the front end... | The main body of the "RIG IN ONE" device, which has a top opening for the rig and a side opening for the torch. | ¶¶12, 17 | col. 5:6-15 |
| a heating element, a portion of which is insertable the hole of the support structure | The torch component included with and inserted into the side opening of the "RIG IN ONE" device. | ¶17 | col. 4:22-24 |
| a vaporization rig that is securable in the receptacle of the support structure...the vaporization rig comprising: a main body... a nail... a mouthpiece | The glass rig component that is secured in the top receptacle of the "RIG IN ONE" device. | ¶17 | col. 4:20-22 |
| securing the vaporization rig in the support structure aligns a heatable portion... with a heat generating portion of the heating element | The arrangement of the torch holder and rig receptacle on the "RIG IN ONE" device allegedly creates the claimed alignment. | ¶17 | col. 2:58-65 |
’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... wherein the top defines a first receptacle, and wherein the support structure also defines a second receptacle | The body of the "RIG IN ONE" device, which contains a top opening (first receptacle) for the rig and a side opening (second receptacle) for the torch. | ¶¶12, 17 | col. 11:15-20 |
| 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 top opening of the "RIG IN ONE" device is alleged to hold the glass rig component in place via friction. | ¶17 | col. 11:23-28 |
| 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... with a top of a heat generating portion... | The specific placement of the torch holder relative to the rig receptacle on the accused device is alleged to achieve the claimed functional and spatial alignment. | ¶17 | col. 11:29-33 |
- Identified Points of Contention:
- Evidentiary Questions: The complaint's infringement theory rests heavily on the assertion that Defendant's product "operate[s] identically" to Plaintiff's patented product (Compl. ¶17). A central point of contention will be whether Plaintiff can produce sufficient evidence to prove that the accused device meets every limitation of the asserted claims, as the complaint itself offers minimal specific factual support for this conclusion.
- Scope Questions: The dispute may turn on the scope of functional terms. For the '006 Patent, a question is whether the accused product's configuration meets the "aligns" limitation. For the '244 Patent, a question is whether the manner in which the accused rig is held constitutes "frictional engagement" as required by the claim.
V. Key Claim Terms for Construction
The Term: "aligns" (’006 Patent, Claim 1)
- Context and Importance: This term is fundamental to the invention's core function of integrating the heat source and the rig. The definition will determine whether a general functional proximity is sufficient for infringement or if a more precise, geometric alignment is required. Practitioners may focus on this term because its construction will likely be dispositive of infringement.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent's summary states the general object is to "align[] a nail of a vaporization rig with heat generated by a heating element" (’006 Patent, col. 2:48-50), which suggests a functional, purpose-oriented meaning rather than a strictly structural one.
- Evidence for a Narrower Interpretation: A specific embodiment is described where the alignment is geometrically precise: "the device 10 aligns the liquid/wax receptacle 241 with the flame guide 304, so that axis A1 is collinear with axis A2" (’006 Patent, col. 7:14-17). A defendant may argue this disclosure limits the term to such collinear alignment.
The Term: "frictionally engage" (’244 Patent, Claim 1)
- Context and Importance: This term defines how the vaporization rig is secured in the support structure. The case may depend on whether the simple act of placing the rig into the receptacle of the accused product meets this limitation, or if a more specific mechanism designed to create friction is required.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The term is not explicitly defined, which may support an argument that it should be given its plain and ordinary meaning, covering any contact-based securing that is not a positive lock.
- Evidence for a Narrower Interpretation: The specification, incorporated from the '006 patent, discloses specific structures that enhance friction, such as a "grip member" or a sleeve that "increase the strength of friction" (’006 Patent, col. 9:10-24). A party could argue these embodiments suggest "frictionally engage" requires more than incidental contact and implies a structure specifically designed to increase friction.
VI. Other Allegations
- Willful Infringement: The complaint alleges that Defendant's infringement was "knowing and willful" because Defendant "had knowledge of the patents" (Compl. ¶¶18, 55). The pleading does not specify whether this alleged knowledge was acquired pre-suit or provide further facts to support the allegation of willfulness beyond a conclusory statement of knowledge.
VII. Analyst’s Conclusion: Key Questions for the Case
- A key evidentiary question will be one of factual sufficiency: given the complaint's reliance on the conclusory allegation that the accused device "operate[s] identically" to the patented product, can the Plaintiff produce sufficient technical evidence to demonstrate that the accused "RIG IN ONE" device meets every specific limitation of the asserted utility patent claims?
- A central legal issue will be one of claim construction: can the functional term "aligns" be interpreted broadly to cover any configuration where the torch can heat the nail, or will it be narrowly construed to require the precise, collinear axial alignment shown in the patent's preferred embodiments? The resolution of this question will significantly impact the infringement analysis.
- For the design patent claim, the case will present a classic question of visual identity for the fact-finder: is the overall ornamental design of the accused "RIG IN ONE" product substantially the same as the claimed design in the '933 patent, from the perspective of an ordinary observer familiar with such devices?