DCT
2:25-cv-14011
Ontel Products Corp v. Tekno Products Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Ontel Products Corporation (New Jersey)
- Defendant: Tekno Products Inc. (New Jersey)
- Plaintiff’s Counsel: Dickinson Wright PLLC
- Case Identification: 2:25-cv-14011, D.N.J., 07/31/2025
- Venue Allegations: Venue is asserted as proper in the District of New Jersey on the basis that Defendant is a New Jersey corporation with a principal place of business in the district.
- Core Dispute: Plaintiff alleges that Defendant’s "Northern Chill" line of personal evaporative air coolers infringes on Plaintiff's utility and design patents, as well as copyrights, associated with its "Arctic Air" product line.
- Technical Context: The technology at issue involves personal evaporative air coolers, a consumer electronics category designed to provide localized cooling by evaporating water.
- Key Procedural History: The complaint alleges that Plaintiff first notified Defendant of the alleged infringement via a cease-and-desist letter in March 2022. Following Defendant’s alleged representation that it would wind down sales in April 2022, Plaintiff claims it discovered expanded sales in June 2025, prompting a second notice letter and the present lawsuit. This history is presented to support allegations of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2018-02-01 | Ontel begins sales of its first Arctic Air® Product |
| 2018-12-21 | Priority Date for U.S. Reissue Patent No. RE48,619 |
| 2019-01-03 | Priority Date for U.S. Patent No. 10,712,029 |
| 2020-04-22 | Priority Date for U.S. Design Patents No. D963,135 & D966,475 |
| 2020-07-14 | U.S. Patent No. 10,712,029 Issues |
| 2021-07-06 | U.S. Reissue Patent No. RE48,619 Issues |
| 2022-03-28 | Plaintiff sends first notice letter to Defendant |
| 2022-04-01 | Defendant allegedly represents it will wind down sales |
| 2022-09-06 | U.S. Design Patent No. D963,135 Issues |
| 2022-10-11 | U.S. Design Patent No. D966,475 Issues |
| 2025-06-01 | Plaintiff allegedly discovers Defendant's continued sales |
| 2025-06-13 | Plaintiff sends second notice letter to Defendant |
| 2025-07-31 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,712,029 - "Evaporative Personal Air Cooler," issued July 14, 2020
The Invention Explained
- Problem Addressed: The patent describes conventional personal air coolers as being slow to start cooling because their filters require time to become saturated with water from a reservoir. This can also lead to reduced effectiveness if the filter is not fully soaked, and the typical paper-like filters cannot be easily cleaned or reused. (’029 Patent, col. 1:10-51)
- The Patented Solution: The invention proposes a two-stage cooling system. A "misting structure" creates an immediate mist for instant cooling upon activation, while simultaneously wetting a "filter structure" made of a reusable, sponge-like material. A fan draws ambient air through both the mist and the wetted filter, aiming to provide both immediate and prolonged cooling effects. (’029 Patent, Abstract; col. 9:1-14)
- Technical Importance: This dual-action approach aims to solve the latency problem of traditional wick-based coolers by providing instant evaporative cooling via the mist, while the reusable filter improves upon the maintenance and longevity issues of disposable paper filters. (’029 Patent, col. 1:46-51; col. 9:1-8)
Key Claims at a Glance
- The complaint asserts independent claims 1 and 16. (Compl. ¶114, 117)
- Essential Elements of Independent Claim 1:
- A housing with top, bottom, and side panels.
- A tank, adjacent to the top panel, to hold liquid.
- A "misting structure" with a "mister" to create a mist inside the cooler.
- A "filter structure" with a "plurality of filters" configured to absorb the mist.
- A fan to draw air in, through the filter structure, and out of the cooler, wherein the air is cooled by the mist and/or the filter structure.
- Essential Elements of Independent Claim 16: Claim 16 recites a similar combination of a housing, tank, misting structure, filter structure, and fan, but adds the specific limitation of "a v-shaped shroud positioned underneath the tank and configured to direct the mist toward the filter structure."
U.S. Reissue Patent No. RE48,619 - "Personal Air Cooler," issued July 6, 2021
The Invention Explained
- Problem Addressed: As a design patent, the '619 Patent does not address a technical problem but rather protects the novel, non-obvious ornamental appearance of a product.
- The Patented Solution: The patent claims the specific ornamental design for a personal air cooler as depicted in its figures. The claimed design includes the overall cubic shape of the housing, the specific pattern and configuration of the horizontal louvers on the front grille, the layout of the controls on the top surface, and the shape of the translucent water tank door. (’619 Patent, FIGS. 1-7)
- Technical Importance: Not applicable to a design patent; its value is in aesthetic differentiation and brand identity.
Key Claims at a Glance
- The patent contains a single claim for "The ornamental design for a personal air cooler, as shown and described." (Compl. ¶86-88)
U.S. Design Patent No. D963,135 - "Personal Air Cooler," issued September 6, 2022
- Patent Identification: U.S. Design Patent No. D963,135, "Personal Air Cooler," issued September 6, 2022. (Compl. ¶46)
- Technology Synopsis: The patent protects the ornamental design for a personal air cooler. The design features a generally cubic housing, a front grille with horizontal slats, and a distinct arrangement of control icons on the top surface. (Compl. ¶47; ’135 Patent, FIGS. 1-8)
- Asserted Claims: The single claim for the ornamental design. (Compl. Count IV)
- Accused Features: The complaint alleges the overall appearance of the "Northern Chill" product is an infringement of the claimed design. (Compl. ¶99)
U.S. Design Patent No. D966,475 - "Personal Air Cooler," issued October 11, 2022
- Patent Identification: U.S. Design Patent No. D966,475, "Personal Air Cooler," issued October 11, 2022. (Compl. ¶46)
- Technology Synopsis: This patent, a continuation of the application that led to the ’135 patent, protects a nearly identical ornamental design for a personal air cooler. It claims the specific visual appearance of the device, including its shape, front grille, and top surface features. (Compl. ¶46-47; ’475 Patent, FIGS. 1-8)
- Asserted Claims: The single claim for the ornamental design. (Compl. Count IV)
- Accused Features: The complaint alleges the overall appearance of the "Northern Chill" product is an infringement of the claimed design. (Compl. ¶99)
III. The Accused Instrumentality
Product Identification
- The accused instrumentality is the "Northern Chill" branded personal evaporative air cooler. (Compl. ¶2, 50)
Functionality and Market Context
- The complaint alleges that the Northern Chill product is "virtually identical in appearance and function" to Plaintiff's Arctic Air® Ultra product. (Compl. ¶49). Photographs provided in the complaint depict a small, cube-shaped device with a front air vent, a removable filter, and an internal fan. (Compl. ¶66, p. 22-24). One photograph shows the interior of the accused device with the fan assembly visible. (Compl. p. 23). The complaint alleges the product is sold on various online sites and in retail stores, including ShopRite grocery stores, a channel also used by the Plaintiff. (Compl. ¶8, 57, 62).
IV. Analysis of Infringement Allegations
’029 Patent Infringement Allegations
The complaint alleges that the Northern Chill product contains all the elements of at least independent claims 1 and 16 of the ’029 patent. (Compl. ¶114-118). An annotated image in the complaint provides a visual side-by-side comparison of the patent's figures with photographs of the accused product's components. (Compl. p. 46).
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a housing with a top panel, a bottom panel, and side panels defining an interior of the evaporative air cooler | The accused product has a main body with top, bottom, and side panels creating an interior space. | ¶116 | col. 3:11-20 |
| a tank positioned adjacent to the top panel and at least one of the side panels, wherein the tank is configured to receive, store, and release liquid | The accused product has a water tank located at the top of the unit. | ¶116; p. 47 | col. 8:56-61 |
| a misting structure comprising a mister ... configured to create a mist within the evaporative air cooler | The accused product is alleged to have a "misting structure" that creates a mist inside the housing. | ¶116; p. 46 | col. 10:4-6 |
| a filter structure with a plurality of filters, wherein the plurality of filters are configured to absorb the mist | The accused product contains a removable filter structure with multiple filter elements designed to become wet. | ¶116; p. 46-47 | col. 6:4-7 |
| a fan configured to draw the ambient air into the evaporative air cooler ... and directs the ambient air thorough the filter structure and out of the evaporative air cooler | The accused product contains an internal fan that pulls air into the unit and pushes it through the filter and out the front grille. | ¶116; p. 46 | col. 10:9-14 |
’619 Patent Infringement Allegations
The complaint alleges that the overall ornamental design of the Northern Chill product is substantially the same as the design claimed in the '619 patent, making it infringing under the "ordinary observer" test. (Compl. ¶86). To support this, the complaint presents a table comparing figures from the '619 patent with photographs of the sold "Northern Chill" product. (Compl. ¶88, p. 35-36). For instance, one comparison shows the front perspective view from the patent's FIG. 1 next to a photograph of the accused product from a similar angle, highlighting the alleged similarities in overall form, front grille, and top surface. (Compl. p. 35).
- Identified Points of Contention:
- Scope Questions (’029 Patent): A primary issue may be whether the accused product's water-delivery mechanism qualifies as a "misting structure comprising a mister" under the patent's claim language. The resolution will depend on the construction of this term and the specific functionality of the accused device, which is not detailed in the complaint beyond conclusory labels.
- Technical Questions (’029 Patent): The complaint asserts the accused product features a two-stage cooling system analogous to the patent. A potential point of contention is whether the accused device's fan and water system function together to create and direct a "mist" onto the filter in the manner described and claimed in the patent, particularly for claim 16's "v-shaped shroud" element.
- Design Patent Question (’619 Patent and others): The central question for the design patents is whether an ordinary observer, familiar with the prior art, would be deceived into purchasing the Northern Chill product believing it to be the patented design. The analysis will focus on the overall visual impression created by the products, not on a direct comparison of minor, isolated features.
V. Key Claim Terms for Construction
For the ’029 Patent:
The Term: "misting structure"
Context and Importance: This term is central to the patent's asserted novelty of providing "instant" cooling. The outcome of the infringement analysis for both asserted independent claims likely hinges on how broadly or narrowly this term is construed. Practitioners may focus on this term because if the accused device's water delivery is found to be a non-misting mechanism (e.g., simple dripping), infringement may be avoided.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent states the structure is "configured to create a mist as the liquid flows through the liquid outlet" without limiting it to a specific mechanism. (’029 Patent, col. 5:63-65). It also provides a "microporous mister" as one example, which may suggest other types of misters are contemplated. (’029 Patent, col. 9:4-5).
- Evidence for a Narrower Interpretation: The detailed description repeatedly uses words like "mist" and "spraying," which could imply a requirement for atomized or aerosolized water droplets, rather than just drips or streams. (’029 Patent, col. 9:1-14). The abstract describes the fan as drawing air into the cooler and directing it "through the filter structure," suggesting the mist and filter work in a specific sequence.
The Term: "v-shaped shroud" (from Claim 16)
Context and Importance: This term is a key structural limitation of independent claim 16. Infringement of this claim requires the accused device to possess a component that satisfies both the shape ("v-shaped") and functional ("direct the mist toward the filter structure") aspects of this limitation.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The term is not explicitly defined, which may support a construction covering any component that generally funnels or directs mist, even if its cross-section is not a perfect "V." The stated function—"configured to direct the mist"—could be argued as the more important aspect of the limitation. (’029 Patent, col. 2:28-30)
- Evidence for a Narrower Interpretation: Figure 7 depicts a specific structure (44) identified as the shroud, which is positioned on the "underside of the top internal panel." (’029 Patent, col. 8:24-26). A party could argue that the claim term should be limited to a structure with the shape and position of this specific embodiment.
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement of infringement for all asserted patents. This is based on allegations that Defendant sells the Northern Chill product with the knowledge and intent that end-users will use it in an infringing manner. (Compl. ¶86, 98, 109). The side-by-side comparison of the parties' instruction manuals may be used as evidence of instructing users to perform infringing acts. (Compl. ¶67).
- Willful Infringement: Willfulness is alleged based on Defendant’s purported knowledge of the patents since at least the March 28, 2022 notice letter. (Compl. ¶83, 106). The complaint further supports this allegation by claiming Defendant continued and expanded its infringing sales after making "false representations" that it would cease its activities, suggesting a deliberate disregard for Plaintiff's patent rights. (Compl. ¶13, 57, 87, 110).
VII. Analyst’s Conclusion: Key Questions for the Case
- A key evidentiary question will be one of technical operation: Does the accused Northern Chill cooler contain a "misting structure" that generates an actual "mist" as construed from the '029 patent, or does it use a functionally different, non-infringing method of wetting its filter? The answer will be critical to the utility patent infringement analysis.
- The design patent claims will turn on a question of visual impression: For the purposes of the "ordinary observer" test, are the ornamental designs of the accused product and Plaintiff's patented designs substantially the same, or are the visual differences sufficient to avoid a finding of infringement?
- A central issue for damages will be state of mind: Did the Defendant's conduct, particularly its alleged continuation of sales after receiving notice and promising to stop, rise to the level of objective recklessness required for a finding of willful infringement, which could lead to enhanced damages?