DCT
2:25-cv-00023
Green Pet Shop Enterprises LLC v. 1616 Holdings Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: The Green Pet Shop Enterprises, LLC (Illinois)
- Defendant: 1616 Holdings, Inc. d/b/a Five Below (Pennsylvania)
- Plaintiff’s Counsel: Freemann Law Offices; Evia Law PLC
- Case Identification: 2:25-cv-00023, E.D. Pa., 01/03/2025
- Venue Allegations: Venue is asserted based on Defendant maintaining a corporate office in Pennsylvania.
- Core Dispute: Plaintiff alleges that Defendant’s "Pet Cooling Mat" product infringes two patents related to pressure-activated, self-recharging cooling platforms.
- Technical Context: The technology concerns non-electric cooling pads, primarily for pets, that provide a cooling effect through a pressure-activated chemical process rather than external power or single-use materials like ice.
- Key Procedural History: The complaint notes that the '685 patent is a continuation of the '218 patent. Plaintiff alleges it sent a letter to Defendant on June 23, 2023, providing actual notice of the asserted patents. Plaintiff also notes it has been marking its own commercial embodiment, the "Cool Pet Pad," with the relevant patent numbers since at least 2014.
Case Timeline
| Date | Event |
|---|---|
| 2010-04-14 | Priority Date for '218 and '685 Patents |
| 2012-07-17 | '218 Patent Publication Date Alleged in Complaint |
| 2014-05-13 | '218 Patent Issue Date |
| 2014-01-01 | Plaintiff Began Marking Products (no later than 2014) |
| 2022-06-16 | '685 Patent Publication Date Alleged in Complaint |
| 2022-07-05 | '685 Patent Issue Date |
| 2023-06-23 | Plaintiff Sent Notice Letter to Defendant |
| 2025-01-03 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 11,375,685 - "Pressure Activated Recharging Cooling Platform" (Issued July 5, 2022)
The Invention Explained
- Problem Addressed: The patent describes the drawbacks of existing pet cooling beds, which either rely on electricity, making them non-portable and subject to power failure, or use ice packs, which melt and require replacement ('685 Patent, col. 1:35-46).
- The Patented Solution: The invention is a multi-layered platform containing a chemical composition that produces a cooling effect through an endothermic reaction when activated by pressure, such as a pet lying on the mat. When the pressure is removed, the composition "recharges," allowing for repeated use without external energy input ('685 Patent, Abstract; col. 4:37-45). This mechanism is described as being consistent with Le Chatelier's principle, where the reaction reverses upon removal of the pressure stressor ('685 Patent, col. 4:41-45).
- Technical Importance: The technology aimed to provide a portable, reusable, and self-sufficient cooling product that overcomes the limitations of electric and ice-based solutions ('685 Patent, col. 5:32-44).
Key Claims at a Glance
- The complaint asserts infringement of at least Claim 1 (Compl. ¶¶13, 17).
- The essential elements of independent Claim 1 are:
- a temperature regulation layer comprising a cooling composition that absorbs heat when activated and releases heat when deactivated,
- wherein the cooling composition undergoes an endothermic reaction when activated,
- wherein the endothermic reaction is activated at least partially by an application of pressure, and
- wherein the cooling platform is repeatedly activatable and deactivatable.
- The complaint reserves the right to assert other claims (Compl. ¶¶13, 29).
U.S. Patent No. 8,720,218 - "Pressure Activated Recharging Cooling Platform" (Issued May 13, 2014)
The Invention Explained
- Problem Addressed: The patent identifies the same problems as its continuation: conventional cooling pet beds are often not portable, rely on fallible power sources, or require disposable cooling elements like ice ('218 Patent, col. 1:19-28).
- The Patented Solution: This patent describes a similar pressure-activated cooling platform, but with a specific focus on the physical structure for containing the cooling composition. The invention discloses a temperature regulation layer with a plurality of "angled segments" formed by "channels" that are created where the top and bottom surfaces of the layer contact each other, effectively creating pockets to hold the composition and manage its distribution under pressure ('218 Patent, Abstract; col. 2:21-31).
- Technical Importance: The invention provided a non-electric, portable cooling solution that also addressed the mechanical challenge of keeping the cooling agent properly distributed during use ('218 Patent, col. 5:19-28).
Key Claims at a Glance
- The complaint asserts infringement of at least Claim 15 (Compl. ¶13).
- The essential elements of independent Claim 15 are:
- a temperature regulation layer, the temperature regulation layer having an angled segment formed by a top side and a bottom side at a predefined distance, and channels, wherein the channels form sides by contacting the top side with the bottom side; and
- 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 complaint reserves the right to assert other claims (Compl. ¶¶13, 24).
III. The Accused Instrumentality
Product Identification
"Pet Cooling Mat" sold by Defendant Five Below (Compl. ¶12; Ex. 3).
Functionality and Market Context
The complaint alleges the Accused Product is a mat designed to provide "cooling relief from the heat" for pets (Compl. Ex. 3). The product description states it is "filled with non-toxic cooling gel" (Compl. Ex. 3). A product image provided in the complaint shows a dog lying on the mat, which features text stating "Provides Cooling Relief" (Compl. Ex. 3, p. 38). The complaint alleges that the product is pressure activated and its cooling process is repeatable (Compl. ¶¶19-20).
IV. Analysis of Infringement Allegations
The complaint provides a narrative infringement theory for claim 1 of the '685 patent but does not provide sufficient detail for analysis of the '218 patent's infringement allegations beyond a conclusory statement (Compl. ¶13).
'685 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a temperature regulation layer comprising a cooling composition that absorbs heat when activated and releases heat when deactivated | The Accused Product has a layer containing a gel that regulates temperature and is pressure activated. | ¶18, ¶19 | col. 5:3-5 |
| wherein the cooling composition undergoes an endothermic reaction when activated | The complaint alleges the Accused Product is "pressure activated," which corresponds to the claimed endothermic reaction. | ¶19 | col. 4:37-41 |
| wherein the endothermic reaction is activated at least partially by an application of pressure | The Accused Product is alleged to be "pressure activated." | ¶19 | col. 4:37-41 |
| wherein the cooling platform is repeatedly activatable and deactivatable | The complaint alleges that the cooling process of the Accused Product "is likewise repeatable" after the pet removes itself from the mat. | ¶20 | col. 4:41-43 |
Identified Points of Contention
- Technical Question: What evidence does the complaint provide that the accused "non-toxic cooling gel" functions via the specific mechanism of a pressure-activated, reversible "endothermic reaction" as required by the claim? The defendant may argue that the gel operates through a different, non-infringing mechanism, such as simple heat conduction or a non-reversible phase change.
- Scope Question: Does the term "repeatedly activatable and deactivatable," as used in the patent, read on the functionality of the accused "cooling gel"? The dispute may center on whether the accused product truly "recharges" upon the release of pressure in the manner described by the patent.
V. Key Claim Terms for Construction
Term: "endothermic reaction" ('685 Patent, Claim 1)
- Context and Importance: This term is central to the claimed invention's mechanism of action. The outcome of the case may depend on whether the accused product's "cooling gel" is found to operate via a process that falls within the established definition of this term.
- Intrinsic Evidence for a Broader Interpretation: The patent claims do not limit the "endothermic reaction" to a specific set of chemical reactants, which may support an interpretation covering any composition that cools via an endothermic process initiated by pressure ('685 Patent, col. 4:33-49).
- Intrinsic Evidence for a Narrower Interpretation: The specification explicitly links the reaction to being "activated by pressure" and undergoing a "subsequent recharge" upon pressure release, consistent with Le Chatelier's principle ('685 Patent, col. 4:37-45). This could support a narrower construction that requires a specific, reversible, pressure-sensitive chemical process, potentially excluding simpler cooling materials.
Term: "angled segment formed by... channels, wherein the channels form sides by contacting the top side with the bottom side" ('218 Patent, Claim 15)
- Context and Importance: This is a structural limitation, meaning infringement of claim 15 hinges on whether the accused mat possesses this specific internal construction. Practitioners may focus on this term because the complaint provides no evidence regarding the internal structure of the accused product.
- Intrinsic Evidence for a Broader Interpretation: The language does not specify the permanence or method of the "contacting," which could be argued to include temporary contact under weight rather than a permanent bond or seal.
- Intrinsic Evidence for a Narrower Interpretation: Figures 2, 3, and 4 of the patent depict a distinct, grid-like pattern of permanent channels that create discrete pockets for the cooling composition ('218 Patent, Figs. 2-4). One embodiment is described as "completely forming each angled segment... and cutting off any interconnection" ('218 Patent, col. 2:30-32), which suggests a narrow interpretation requiring a permanently segmented structure.
VI. Other Allegations
- Indirect Infringement: The complaint includes allegations of inducement and contributory infringement for both patents (Compl. ¶¶24, 29). However, it does not plead specific facts, such as references to user manuals or marketing materials, that would allegedly instruct or encourage infringing use.
- Willful Infringement: The complaint alleges willful infringement based on both pre-suit and post-suit knowledge. It asserts Defendant had constructive knowledge of the patents from their publication dates in 2012 and 2022, respectively (Compl. ¶¶25, 30). It further alleges Defendant had actual knowledge as of the June 23, 2023 notice letter, which could form the basis for willful infringement for any infringing acts after that date (Compl. ¶14).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of technical mechanism: Does the accused "Pet Cooling Mat," described as containing a "cooling gel," operate via the claimed pressure-activated, reversible "endothermic reaction" ('685 Patent), or does it function through a different physical or chemical process?
- A key evidentiary question will be one of physical structure: Does the accused product contain the specific internal structure of "channels" forming discrete "angled segments" as recited in claim 15 of the '218 patent? Discovery into the product's construction will be critical.
- The case may also turn on a question of definitional scope: Can the claims, which describe a specific, self-recharging technology, be construed to cover a product that may employ a simpler, and potentially non-recharging, cooling gel?