DCT
2:17-cv-06181
Green Pet Shop Enterprises LLC v. C&A Marketing Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Case Name: The Green Pet Shop Enterprises, LLC v. C&A Marketing, Inc. d/b/a C+A Global
- Plaintiff: The Green Pet Shop Enterprises, LLC (Illinois)
- Defendant: C&A Marketing, Inc. d/b/a C+A Global (New Jersey)
- Plaintiff’s Counsel: Freemann Law Offices, A Professional Corporation; Carlson, Gaskey & Olds, P.C.
- Case Identification: 2:17-cv-06181, D.N.J., 08/16/2017
- Venue Allegations: Venue is alleged to be proper in the District of New Jersey because the defendant is a New Jersey corporation with its principal place of business in the district and has engaged in marketing and sales activities there.
- Core Dispute: Plaintiff alleges that Defendant’s "Arf Pets Cooling Mat" infringes two patents related to pressure-activated, self-recharging cooling platforms for pets.
- Technical Context: The technology involves non-electric, portable cooling pads containing a chemical composition that provides a cooling effect when subjected to pressure and automatically "recharges" when the pressure is removed.
- Key Procedural History: The complaint notes that Plaintiff previously litigated the patents-in-suit to a successful judgment against a third party, Maze Innovations, Inc. In that prior case, the U.S. Patent and Trademark Office reportedly denied institution of an inter partes review petition filed by Maze. The complaint further states that a claim construction order was issued in the prior case and that Maze ultimately settled, admitting the patents were valid and infringed. Plaintiff alleges it informed Defendant of this litigation history prior to filing the current suit.
Case Timeline
| Date | Event |
|---|---|
| 2010-04-14 | Priority Date for '218 and '474 Patents |
| 2014-03-26 | '474 Patent Application Filed |
| 2014-05-13 | '218 Patent Issued |
| 2016-01-05 | '474 Patent Issued |
| 2017-05-04 | Notice of Infringement Letter Sent to Defendant |
| 2017-08-16 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,720,218 - Pressure Activated Recharging Cooling Platform (Issued May 13, 2014)
The Invention Explained
- Problem Addressed: The patent identifies a need for an improved cooling bed for pets that is portable and does not rely on failure-prone electricity or ice packs that require replacement ('218 Patent, col. 1:18-28).
- The Patented Solution: The invention is a multi-layered cooling platform containing a chemical composition that is activated by pressure to produce an endothermic (cooling) reaction. When the pressure is released, the composition "recharges" by reversing the reaction ('218 Patent, col. 3:17-24). The platform uses internal "channels" to form "angled segments," which prevent the cooling composition from being completely pushed away from the point of pressure, ensuring a consistent cooling effect ('218 Patent, col. 2:25-32; Fig. 2).
- Technical Importance: This design provides a portable, reusable, and "eco-friendly" cooling solution that does not require external power or regular maintenance ('218 Patent, col. 5:13-18).
Key Claims at a Glance
- The complaint asserts independent claims 15 and 16 (Compl. ¶15).
- Independent Claim 15 includes the following essential elements:
- A temperature regulation layer having an "angled segment" formed by a top and bottom side and "channels."
- A "pressure activated recharging cooling composition" within the layer that is "endothermically activated and endothermically deactivated upon the application and release of pressure, respectively."
- Independent Claim 16 includes the following essential elements:
- A temperature regulation layer having a "plurality of angled segments" within a sealed perimeter, formed by a top and bottom side and "channels."
- A "pressure activated recharging cooling composition" within the layer that is "endothermically activated and endothermically deactivated upon the application and release of pressure, respectively."
U.S. Patent No. 9,226,474 - Pressure Activated Recharging Cooling Platform (Issued January 5, 2016)
The Invention Explained
- Problem Addressed: As a continuation of the '218 Patent, this patent addresses the same need for a non-electric, portable, and self-recharging cooling platform ('474 Patent, col. 1:21-38).
- The Patented Solution: The invention again describes a platform with a pressure-activated cooling composition. A key distinction in certain claims of this patent is the introduction of a "support layer" within the temperature regulation layer, which is described as being made of an elastic material (like foam) and is capable of absorbing the cooling composition ('474 Patent, Abstract; col. 6:1-8).
- Technical Importance: This patent builds on the parent invention to provide alternative configurations for a portable, non-electric cooling apparatus ('474 Patent, col. 5:18-30).
Key Claims at a Glance
- The complaint asserts claims 1, 4, 5, 11, and 16-21 (Compl. ¶15). Independent claims asserted include 1, 11, 16, 17, 18, 19, 20, and 21.
- Independent Claim 16 is representative and includes the following essential elements:
- A temperature regulation layer with a "plurality of angled segments."
- A "support layer within the temperature regulation layer" made of an "elastic material" that is "capable of absorbing a pressure activated recharging cooling composition."
- A "pressure activated recharging cooling composition" that is "endothermically activated and deactivated upon the application and release of pressure, respectively."
III. The Accused Instrumentality
Product Identification
The "Arf Pets Cooling Mat" (Compl. ¶14).
Functionality and Market Context
The complaint alleges the Arf Pets Cooling Mat is a pet bed that Defendant makes, imports, and sells in the United States (Compl. ¶14). The complaint includes a photograph of the product's packaging, which states that the "fabric covered gel mat activates when your pet lies on it" and "automatically recharges itself after 15-20 minutes of non-use" (Compl. Ex. 3). These statements describe the core functionality alleged to infringe the patents-in-suit. The complaint does not provide further details on the product's market position.
IV. Analysis of Infringement Allegations
The complaint does not contain a detailed claim chart. The following tables summarize the infringement theory that may be inferred from the complaint's allegations and the evidence provided in its exhibit.
’218 Patent Infringement Allegations
| Claim Element (from Independent Claim 16) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a temperature regulation layer, the temperature regulation layer having a plurality of angled segments, wherein angled segments within a sealed perimeter of the temperature regulation layer are formed by a top side and a bottom side at a predefined distance, and channels, wherein the channels substantially form sides by contacting the top side... | The complaint does not provide sufficient detail for analysis of the accused product's specific internal structure, such as a "temperature regulation layer" or "plurality of angled segments." | ¶14 | col. 6:25-33 |
| a pressure activated recharging cooling composition within the temperature regulation layer, the pressure activated recharging cooling composition endothermically activated and endothermically deactivated upon the application and release of pressure, respectively. | The accused product's packaging states its "gel mat activates when your pet lies on it" and "automatically recharges itself after 15-20 minutes of non-use." | ¶14 | col. 6:34-39 |
’474 Patent Infringement Allegations
| Claim Element (from Independent Claim 16) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a temperature regulation layer, the temperature regulation layer having a plurality of angled segments... | The complaint does not provide sufficient detail for analysis of the accused product's specific internal structure, such as a "temperature regulation layer" or "plurality of angled segments." | ¶14 | col. 7:12-21 |
| a support layer within the temperature regulation layer, the support layer comprised of an elastic material capable of deforming and withstanding wherein the support layer is capable of absorbing a pressure activated recharging cooling composition within the temperature regulation layer... | The complaint does not provide sufficient detail to identify a distinct "support layer" in the accused product or to determine if it is "capable of absorbing" the cooling composition. | ¶14 | col. 7:22-28 |
| the pressure activated recharging cooling composition endothermically activated and deactivated upon the application and release of pressure, respectively. | The accused product is described on its packaging as a "gel mat [that] activates when your pet lies on it" and "automatically recharges itself," which corresponds to the claimed activation and deactivation upon application and release of pressure. The complaint provides a photograph of the accused product's packaging, which describes the mat's pressure-activated and self-recharging functionality (Compl. Ex. 3). | ¶14 | col. 7:29-32 |
Identified Points of Contention
- Structural Questions: A primary issue for discovery will be whether the accused Arf Pets Cooling Mat possesses the internal structures recited in the claims. The complaint provides no allegations regarding the mat's internal construction, raising the question of whether it contains a "plurality of angled segments" formed by "channels" or a distinct "support layer" that "absorbs" the cooling gel, as required by various asserted claims.
- Technical Questions: While the accused product's marketing materials describe functionality that appears to align with the patents, a technical question remains: does the "gel" in the mat operate as a "pressure activated recharging cooling composition" in the specific manner claimed? The chemical composition and physical properties of the gel will be central to this inquiry.
V. Key Claim Terms for Construction
The Term: "pressure activated recharging cooling composition"
- Context and Importance: This term is the technological core of all asserted independent claims. The outcome of the case may depend on whether the defendant's "gel" falls within the construed scope of this term.
- Intrinsic Evidence for a Broader Interpretation: The term is primarily functional. Plaintiff may argue it should encompass any composition that performs the claimed function: cooling when pressure is applied and recharging when pressure is released ('218 Patent, col. 3:17-24).
- Intrinsic Evidence for a Narrower Interpretation: The specification discloses a specific chemical embodiment: "thirty percent carboxmethyl cellulose; twenty percent water; thirty-five percent polyacrylamide; and at least fifteen percent alginic acid" ('218 Patent, col. 3:25-29). Defendant may argue that the claims should be read in light of this specific disclosure, potentially narrowing the term's scope.
The Term: "support layer"
- Context and Importance: This element is central to the asserted claims of the '474 Patent. Infringement of these claims hinges on whether the accused product contains a structure meeting this definition. Practitioners may focus on this term because its construction will differentiate the '474 Patent claims from the '218 Patent and presents a distinct infringement question.
- Intrinsic Evidence for a Broader Interpretation: The term could be interpreted to mean any internal component that provides structure and contains the cooling gel. The claims describe it as being "within the temperature regulation layer" ('474 Patent, cl. 16).
- Intrinsic Evidence for a Narrower Interpretation: The claims require this layer to be "comprised of an elastic material" and, critically, "capable of absorbing" the cooling composition ('474 Patent, cl. 16). The specification further describes the support layer as potentially being made of "polyurethane foam, elastomer foam, memory foam, or other suitable material" ('474 Patent, col. 3:1-3). This suggests a specific structure, like a sponge, rather than a simple pouch.
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement and contributory infringement, stating that Defendant instructs its customers on how to use the infringing product and that the product is not a staple article of commerce with substantial non-infringing uses (Compl. ¶27, ¶33-34).
- Willful Infringement: The complaint alleges willful infringement based on Defendant's alleged knowledge of the patents. This knowledge is asserted to arise from the publication of the patent applications, a formal notice letter sent on May 4, 2017, and Plaintiff's act of informing Defendant about the prior successful litigation against Maze Innovations (Compl. ¶16, ¶23, ¶26, ¶32).
VII. Analyst’s Conclusion: Key Questions for the Case
- A central issue will be one of structural correspondence: does the accused "Arf Pets Cooling Mat," on which the complaint provides no internal details, actually contain the physical structures recited in the claims, such as the "plurality of angled segments" or the distinct, absorbent "support layer"? The case may turn on evidence developed during discovery regarding the product’s internal construction.
- A key evidentiary question will be one of technological identity: is the "gel" in the accused product a "pressure activated recharging cooling composition" as defined by the patents? While the product's marketing language aligns with the claims' functional description, the dispute will likely focus on whether the chemical and physical properties of the defendant's gel fall within the scope of the term as construed by the court.
- A significant legal question, particularly relevant to willfulness and damages, will be the effect of prior notice: what legal weight will be given to the allegation that Defendant was not only sent a notice letter but was also informed of Plaintiff's successful prior litigation on the same patents, including a favorable claim construction ruling and an admission of infringement by a competitor?