DCT
1:25-cv-00940
Chemelex Europe GmbH v. Chromalox Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Chemelex Europe GmbH (Switzerland) and Chemelex LLC (Delaware)
- Defendant: Chromalox, Inc. (Delaware)
- Plaintiff’s Counsel: Young Conaway Stargatt & Taylor, LLP
- Case Identification: 1:25-cv-00940, D. Del., 07/28/2025
- Venue Allegations: Venue is alleged to be proper in the District of Delaware because Defendant Chromalox, Inc. is a Delaware corporation and thus resides in the district.
- Core Dispute: Plaintiff alleges that Defendant’s end seal signal light kits for industrial heat-tracing applications infringe three of Plaintiff's utility patents and five of its design patents related to lighted cable termination assemblies.
- Technical Context: The technology relates to visual indicators for heat-tracing cables, which are used in industrial settings to maintain the temperature of fluids in piping systems and prevent freezing.
- Key Procedural History: The three asserted utility patents ('348, '236, '886) share a common specification and claim priority to the same 2014 application. The complaint alleges that Defendant Chromalox cited the published application of a related patent during the prosecution of its own patent application, a fact that may be used to support allegations of pre-suit knowledge.
Case Timeline
| Date | Event |
|---|---|
| 2014-06-05 | Earliest Priority Date for '348, '236, and '886 Patents |
| 2015-01-21 | Accused Product line announced via press release |
| 2016-08-29 | Chromalox files patent application citing related Chemelex publication |
| 2019-08-06 | U.S. Patent No. 10,371,348 Issues |
| 2020-09-22 | U.S. Design Patent No. D897,018 Issues |
| 2020-12-08 | U.S. Patent No. 10,859,236 Issues |
| 2021-09-21 | U.S. Design Patent No. D931,514 Issues |
| 2021-10-19 | U.S. Design Patent No. D933,869 Issues |
| 2021-11-16 | U.S. Design Patent No. D936,261 Issues |
| 2022-02-01 | U.S. Patent No. 11,236,886 Issues |
| 2023-07-11 | U.S. Design Patent No. D992,186 Issues |
| 2025-07-28 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,371,348 - "Pipe-Mounted Cable Termination Assembly Providing Illumination Visible from Underside of Pipe," issued August 6, 2019.
The Invention Explained
- Problem Addressed: The patent addresses the difficulty and safety risks associated with visually inspecting the operational status of heat-tracing cables in industrial environments, particularly when the indicator lights are located on elevated piping systems, making them hard to see from the ground (Compl. ¶¶15-16; ’348 Patent, col. 2:1-14). Occlusion by the pipe itself can make it impossible for a user on the ground to confirm if the light is on (Compl. ¶16; ’348 Patent, col. 2:5-14).
- The Patented Solution: The invention is a lighted cable termination assembly featuring a lens with a "proud surface" that extends radially outward, beyond the perimeter of the stand that mounts to the pipe. This overhanging design allows light to be projected downward and outward, making the illumination visible from a wide range of viewing angles, including directly underneath the pipe, thereby solving the occlusion problem (Compl. ¶17; ’348 Patent, Abstract; col. 2:30-43).
- Technical Importance: This design allows ground-level personnel to more easily and safely verify that critical heat-tracing systems are powered and functioning correctly, which is vital for process safety and efficiency in industries like oil and gas (Compl. ¶17).
Key Claims at a Glance
- The complaint asserts independent claims 1 and 11 (Compl. ¶60).
- Independent Claim 1 recites a lighted cable termination assembly comprising:
- A stand configured to be supported by one or more pipes
- A lens positioned over an upper opening of the stand
- The lens includes a "proud surface" extending radially outside of a perimeter of the stand
- A plurality of light emitting components disposed under the lens
- Wherein the proud surface provides illumination from a plurality of viewing angles as viewed from the underside of the pipe.
- The complaint reserves the right to assert dependent claims 2-3, 6, and 10-16 (Compl. ¶60).
U.S. Patent No. 10,859,236 - "High Visibility Termination System and Method," issued December 8, 2020.
The Invention Explained
- Problem Addressed: As a continuation of the application leading to the '348 Patent, this patent addresses the same problem of safely and reliably verifying the status of elevated heat-tracing indicator lights (Compl. ¶22; ’236 Patent, col. 2:1-14).
- The Patented Solution: The invention is described as a termination assembly that includes a "base component" for terminating a heating cable, and a lens coupled to the base component via a "pedestal." The lens has a "proud surface" that extends radially outside the perimeter of the base component, ensuring illumination is visible from below ('236 Patent, Abstract; col. 2:30-44). The claims focus on the structural relationship between the base, lens, and light emitting components.
- Technical Importance: This system provides a robust, high-visibility solution for terminating heat-trace cables, enhancing safety and operational awareness in complex industrial facilities (Compl. ¶17).
Key Claims at a Glance
- The complaint asserts independent claim 1 and 16 (Compl. ¶71).
- Independent Claim 1 recites a lighted cable termination assembly comprising:
- A base component with a body for receiving an electric heating cable
- A lens having a "proud surface"
- A pedestal configured to couple the lens to the base component such that the proud surface extends radially outside of a perimeter of the base component
- A light emitting component optically coupled with the lens.
- The complaint reserves the right to assert dependent claims 2-9, 12-14, and 17 (Compl. ¶71).
Multi-Patent Capsule: U.S. Patent No. 11,236,886
- Patent Identification: U.S. Patent No. 11,236,886, "High Visibility Termination System and Method," issued February 1, 2022 (Compl. ¶25).
- Technology Synopsis: As part of the same patent family as the '348 and '236 Patents, the '886 Patent is directed to a lighted cable termination assembly for a heat trace cable. The invention focuses on the structural arrangement of a stand, a base component, a lens with a "proud surface," and light emitting components, configured to provide illumination visible from below a pipe ('886 Patent, Abstract).
- Asserted Claims: Claims 1-11 and 14-19 are asserted (Compl. ¶82).
- Accused Features: The overall structure and function of the Defendant's end seal signal light kits are alleged to infringe (Compl. ¶¶82, 85).
Multi-Patent Capsule: U.S. Design Patents
- Patent Identification: D897,018; D931,514; D933,869; D936,261; D992,186 (collectively, the "Design Patents") (Compl. ¶1).
- Technology Synopsis: The Design Patents claim the ornamental, non-functional appearance of a lighted cable termination assembly. The designs feature a base, a ribbed mid-section, and a prominent, overhanging transparent or translucent lens.
- Asserted Claims: The single claim of each Design Patent is asserted (Compl. ¶¶93, 98, 103, 108, 113).
- Accused Features: The overall ornamental appearance of the Defendant's end seal signal light kits is alleged to be substantially the same as the claimed designs in the eyes of an ordinary observer (Compl. ¶¶94, 99, 104, 109, 114). The complaint provides visual side-by-side comparisons to support this allegation (Compl. ¶¶52-56).
III. The Accused Instrumentality
- Product Identification: The accused products are Chromalox's "end seal signal light kits," also referred to as the "Accused Products" (Compl. ¶44). A representative example is the "Red End Seal Signal Light Kit" (Compl. ¶45).
- Functionality and Market Context: The Accused Products are lighted termination assemblies for industrial heat-tracing cables, serving as visual indicators of a circuit's operational status (Compl. ¶8). The complaint highlights Chromalox's marketing, which claims the products provide "360-degree visibility" (Compl. ¶43). An image of the Accused Product shows a device with a mounting base and a translucent upper lens assembly (Compl. ¶45, Exhibit J). Chromalox is identified as a direct competitor to Chemelex in this market (Compl. ¶8).
IV. Analysis of Infringement Allegations
'348 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A lighted cable termination assembly for use with one or more pipes, the lighted cable termination assembly comprising: a stand configured to be supported, with the stand extending upwardly, by the one or more pipes, the stand including an upper opening; | The Accused Product is a lighted cable termination assembly with a base configured to be mounted on a pipe in an industrial setting. | ¶¶8, 43-45 | col. 6:35-42 |
| a lens positioned over the upper opening of the stand, the lens including a proud surface extending radially outside of a perimeter of the stand; | The Accused Product has a translucent lens assembly with a top portion that visibly overhangs the perimeter of the housing below it. The side-by-side comparison in the complaint shows this overhanging feature. | ¶¶51-52 | col. 8:34-40 |
| a plurality of light emitting components disposed under the lens; | The Accused Product is a "signal light kit" that necessarily contains internal light-emitting components (e.g., LEDs) under its lens to provide illumination. | ¶¶43, 45 | col. 9:1-12 |
| the proud surface of the lens providing illumination from a plurality of viewing angles as viewed from the underside of the any of the one or more pipes on which the stand is supported. | Plaintiff alleges the overhanging "proud surface" of the Accused Product's lens provides illumination visible from below the pipe, consistent with Chromalox's own "360-degree visibility" marketing. | ¶43 | col. 11:36-44 |
'236 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A lighted cable termination assembly...comprising: a base component having a body defined by an upper portion and a lower portion, the base component configured to receive...an end portion of an electric heating cable...; | The Accused Product is an "end seal signal light kit" with a body that functions as a base component to terminate an electric heat-tracing cable. | ¶¶8, 44 | col. 6:25-34 |
| a lens having a proud surface and a pedestal configured to couple the lens to the upper portion of the body such that the proud surface of the lens extends radially outside of a perimeter of the base component; | The Accused Product's lens assembly, which includes an overhanging "proud surface," couples to the main body (base component). The complaint's images illustrate that the lens overhangs the perimeter of the body. | ¶¶52-53 | col. 7:58-67 |
| and a light emitting component optically coupled with the lens such that the lens provides, through the proud surface, illumination from a plurality of viewing angles as viewed from an underside... | The Accused Product's internal light source is coupled with the overhanging lens to provide the advertised "360-degree visibility," which Plaintiff alleges meets this functional requirement. | ¶43 | col. 11:23-41 |
- Identified Points of Contention:
- Scope Questions: The infringement analysis for the utility patents may depend on the construction of "stand" and "base component." The court will need to determine if the specific structure of the Accused Product's housing falls within the scope of these terms as defined by the patents.
- Technical Questions: A key evidentiary question will be whether the Accused Product's "proud surface" actually performs the claimed function of "providing illumination from a plurality of viewing angles as viewed from the underside" of a pipe. While the complaint alleges this, citing Defendant's marketing, the functional performance will be a matter for technical evidence and potential expert testimony.
V. Key Claim Terms for Construction
- The Term: "proud surface"
- Context and Importance: This term is the central feature of the claimed invention, intended to distinguish it from prior art indicator lights that were not easily visible from below. The entire infringement case for the utility patents hinges on whether the accused light kits possess a "proud surface" that extends radially outward and provides the claimed visibility. Practitioners may focus on this term because its construction will likely determine the outcome of the infringement analysis.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent abstract defines the invention by the functional result: the surface provides "illumination from a plurality of viewing angles as viewed from the underside" ('348 Patent, Abstract). Claim 1 links the term to the structural requirement of "extending radially outside of a perimeter of the stand" ('348 Patent, col. 14:48-50). Plaintiff may argue for a broad construction covering any structure that achieves this function and meets this relative dimensional requirement.
- Evidence for a Narrower Interpretation: The specification provides specific dimensional examples, stating the proud surface can have a diameter "about 2% larger than the maximum diameter of the upper edge... of the sidewall" and can be "about 6.2 cm" ('348 Patent, col. 8:40-61). Defendant may argue that these specific embodiments limit the scope of the term to structures with similar dimensional properties, rather than any structure that simply overhangs the base.
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Chromalox induces infringement by providing customers with instructions, user manuals, advertising, and marketing materials that direct and encourage them to install and use the Accused Products in an infringing manner (Compl. ¶¶64, 75, 86).
- Willful Infringement: The complaint alleges willful infringement based on both pre-suit and post-suit knowledge. Pre-suit knowledge is alleged based on "routine monitoring of competitors' patents," virtual patent marking by Chemelex, and, most specifically, Chromalox's citation of a publication of a related Chemelex patent ('680 Patent) during the prosecution of its own patent application in 2016 (Compl. ¶¶49, 50, 64). Post-suit knowledge is established by the filing of the complaint (Compl. ¶57).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: How will the court construe the term "proud surface"? The case will likely turn on whether this term is defined broadly by its function of extending past the base to provide downward visibility, or if its scope is narrowed by the specific dimensional embodiments detailed in the patent specification.
- A central question of knowledge and intent will be the effect of Chromalox's 2016 citation of a related Chemelex patent application during its own prosecution. This fact raises a significant issue regarding pre-suit knowledge that could substantially impact the claim for willful infringement and potential enhanced damages.
- For the design patent claims, the key question for the fact-finder will be one of overall appearance: In the eye of an ordinary observer, is the ornamental design of the Chromalox product substantially the same as the designs claimed in Chemelex's patents? The side-by-side visual comparisons provided in the complaint frame this as a central dispute (Compl. ¶¶52-56).