Lumetique v. Dream-Wick - Complaint

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 1 of 32 PageID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE
LUMETIQUE, INC.,
Plaintiff,
v.
DREAM-WICK, INC.,
Defendant.
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Civil Action No. _________

JURY TRIAL DEMANDED
COMPLAINT
Plaintiff Lumetique, Inc. (Lumetique) hereby files this Complaint against Defendant
Dream-Wick, Inc. (Defendant or Dream-Wick) for infringement of U.S. Patent Nos.
8,961,171 (the 171 Patent); 9,039,409 (the 409 Patent); 9,261,275 (the 275 Patent);
D705,459 (the 459 Patent); and D644,359 (the 359 Patent) (collectively, Patents-InSuit), as well as tortious interference with prospective contractual relationship.
PARTIES
1.
Lumetique, Inc. is a Delaware corporation with its principal place of business at
1440A South Coast Highway, Laguna Beach, CA 92651.

2.
Upon information and belief, Defendant Dream-Wick is a corporation organized
under the laws of Nevada with its principal place of business at 8865 Norwin Avenue, Suite 27
PMB 320, North Huntingdon, Pennsylvania 15642.
JURISDICTION AND VENUE
3.
This lawsuit contains causes of action for patent infringement arising under the
patent laws of the United States, 35 U.S.C. 1, et seq. This Court has jurisdiction over these
actions pursuant to 28 U.S.C. 1331 and 1338.

4.
This Court has subject matter jurisdiction over the tortious interference with
prospective contractual relationship claim against Defendant under 28 U.S.C. 1332, as there is
complete diversity of citizenship between the parties and the amount in controversy exceeds
$75,000, exclusive of interest and costs. This Court also has supplemental jurisdiction over the
tortious interference with prospective contractual relationship claim against Defendant under 28
U.S.C. 1367(a).
5.
Upon information and belief, Defendant is subject to personal jurisdiction in this
Court because it is currently doing and has done substantial business in this judicial district,
including committing and inducing acts of patent infringement in this judicial district and
elsewhere in the United States and regularly doing business or soliciting business, engaging in
other persistent courses of conduct, and/or deriving substantial revenue from products and/or
services provided to individuals in this judicial district and in this State. Upon information and
belief, Defendant has placed infringing products into the stream of commerce by shipping those
products into this district or knowing that the products would be shipped into this district. Upon
information and belief, Defendant has also induced others to place infringing products into the
stream of commerce by shipping those products into this district or knowing that the products
would be shipped into this district.
6.
Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400(b)
because, upon information and belief, Defendant regularly conducts business in this judicial
district and/or because certain of the acts complained of herein occurred in this judicial district.
PATENTS-IN-SUIT
7.
Lumetique is the owner by assignment of the 171 Patent, entitled Candle
Having a Planar Wick and Method of and Equipment for Making Same, duly and legally issued
on February 24, 2015. The 171 Patent is appended hereto as Exhibit A.
8.
on May 26, 2015. The 409 Patent is appended hereto as Exhibit B.
9.
on February 16, 2016. The 275 Patent is appended hereto as Exhibit C.
10.
Lumetique is the owner by assignment of the 459 Patent, entitled Candle or Oil
Lamp having a Planar or Bent Planar Wick, duly and legally issued on May 20, 2014. The 459
Patent is appended hereto as Exhibit D.
11.
Having a Planar Wick, duly and legally issued on August 30, 2011. The 359 Patent is
appended hereto as Exhibit E.
FIRST CLAIM FOR RELIEF
(Infringement of U.S. Patent No. 8,961,171)
12.
Upon information and belief, Defendant manufactures, imports, offers for sale,
and/or sells certain candle wicks that infringe at least claim 31 of the 171 Patent, in violation of
35 U.S.C. 271(a), either literally or under the doctrine of equivalents. For example, Defendant
manufactures, imports, offers for sale, and/or sells certain candle wicks on their website
(www.unitywoodenwicks.com), including their single ply wooden wicks (available at
www.unitywoodenwicks.com/original_wicks.html, Exhibit F) and double ply wooden wicks
(available at www.unitywoodenwicks.com/wicks.html, Exhibit G).
Additionally, Defendant
sells certain candle wicks to distributors, such as Lone Start Candle Supply, Inc. (Exhibits P and
Q), who then offer the candle wicks for sale throughout the United States on their own website
(Exhibit R).
13.
Specifically, Defendants candle wicks comprise a solid planar member and a
second member. Defendants candle wicks emit an acoustic crackling sound when provided in a
candle and lit. Upon information and belief, each of the solid planar member and second
member comprise a fibrous material. The solid planar member of Defendants candle wicks has
a height dimension that is greater than the width dimension. The width dimension is greater than
the thickness dimension and the thickness dimension is between 0.018 to 0.23 inches. For
example, at least one of Defendants candle wicks has a height dimension of approximately 2.5
inches, a width dimension of approximately 0.25 inches, and a thickness dimension of
approximately 0.02 inches. The solid planar member of Defendants candle wick comprises
generally straight grains extending substantially in a direction from a base for the candle to a top
surface of the candle when the wick is provided in the candle.
14.
During the course of negotiations between Lumetique and Dream-Wick in 2015,
Defendant was made aware of the 171 Patent in an email on March 5, 2015. (Exhibit S). On
information and belief, therefore, Defendant has known of the 171 Patent. Defendant has been
aware of the 171 Patent since no later than March 5, 2015, and the date of this Complaint.
15.
Lumetique has complied with the statutory requirement of 35 U.S.C. 287(a)
and, therefore, given Defendant notice of the 171 patent.

16.
Upon information and belief, Defendant induces third parties to manufacture,
import, offer for sale, and/or sell certain candles that infringe at least claim 1 of the 171 Patent
in violation of 35 U.S.C. 271(b). At least claim 1 of the 171 Patent is directly infringed by
third-party candle manufactures/sellers by the inclusion of Defendants infringing candle wicks

into a candle with a body of meltable fuel (e.g., candle wax).
17.
Defendant knew or should have known that its actions would induce actual
infringement. Defendant had actual knowledge that its actions would induce direct infringement
because, during the course of negotiations between Lumetique and Dream-Wick, Defendant was
made aware that third parties were directly infringing the family of patents to which the 171
Patent belongs.
18.
Additionally, upon information and belief, Defendant was made aware that third
parties were directly infringing the 171 Patent through communications with third-party
manufacturers, importers, and/or sellers that received notice letters from Lumetique.
19.
On February 2, 2016, Lumetique sent a notice letter, which specifically listed the
171 Patent, to Cereria Terenzi Evelino S.R.L. (Cereria), a manufacturer, importer, and/or
seller of certain Tiziana Terenzi wooden wick candles. (Exhibit I). On February, 12, 2016,
Cererias counsel responded to Lumetiques notice letter asserting that We are examining the
matter and well reply as soon as we reach an opinion about this issue. (Exhibit J). On
February 22, 2016, Cererias counsel sent a follow-up letter stating that they asked for
clarifications to Cereria Terenzi Evelino's supplier of wooden wick candels [sic], who put us in
touch with the manufacturer Dream-Wick, Inc. of North Huntingdon, Pennsylvania.
Mrs.
Melynda DelCotto of Dream-Wick, Inc. revealed us their industrial property portfolio and
stated that their products are made exclusively in the implementation of their patents, without
interfering with others. (Exhibit K). Upon information and belief, Defendant was made aware
that Cereria was directly infringing the 171 Patent through communications between Cereria
and Defendant.
20.
171 Patent, to Fifth & Madison and, upon information and belief, Fifth & Madisons parent
company Couture Brands LLC (collectively, Fifth & Madison), a manufacturer, importer,
and/or seller of certain Fifth & Madison wooden wick candles. (Exhibit L). On February, 3,
2016, a representative of Fifth & Madison counsel responded to Lumetiques notice letter stating
that You are now aware who I am getting the wicks from and if you have any issues you should
take it up with them. The statement below comes right from the website. We are purchasing them
in good faith and these patents are valid[.] Our Wicks Are Manufactured, Shipped & Protected
Under the Following US Patents: US D663450 US D669615 US D708777 - US 8708694 D715989. (Exhibit M). Defendants website asserts that Our Wicks Are Manufactured,
Shipped & Protected Under the Following US Patents: US D663450 US D669615 US
D708777 - US 8708694 - D715989. (Exhibit H). Upon information and belief, Defendant was
made aware that Fifth & Madison was directly infringing the 171 Patent through
communications between Fifth & Madison and Defendant.
21.
To the extent that Defendant did not have actual knowledge that its actions
would induce direct infringement, upon information and belief, Defendant was willfully blind to
the act of direct infringement by taking active efforts to avoid knowing about the infringing
conduct of the third parties who manufacture, import, offer for sale, and/or sell certain candles
that infringe at least claim 1 of the 171 Patent.
22.
Defendant manufactures, imports, offers for sale, and/or sells certain candle wicks
on their website (www.unitywoodenwicks.com), including their single ply wooden wicks

(available at www.unitywoodenwicks.com/original_wicks.html, Exhibit F) and double ply
wooden wicks (available at www.unitywoodenwicks.com/wicks.html, Exhibit G).
23.
Defendant actively and knowingly induces with the specific intent to encourage
third parties to manufacture, import, offer for sale, and/or sell certain candles that directly
infringe at least claim 1 of the 171 Patent.
For example, on their website
(www.unitywoodenwicks.com), Defendant provides instructions on how to combine the

infringing candle wicks into a candle that directly infringes at least claim 1 of the 171 Patent.
Specifically, Defendants website instructs third-party, direct infringers to manufacture directly
infringing products as follows: Melt wax, pour into container. Let wax start to get slushy
(solidify on the bottom) center wick into wax. Thats It! Note: Let the candles set overnight to
cure the wick before burning.
(http://www.unitywoodenwicks.com/wicks.html, Exhibit G,
emphasis in original). Additionally, on Defendants website, Defendant actively and knowingly

induces with the specific intent to encourage third parties to manufacture, import, offer for sale,
and/or sell certain candles that directly infringe at least claim 1 of the 171 Patent by including
exemplary pictures of candles that would directly infringe at least claim 1 of the 171 Patent.
24.
Upon information and belief, and as discussed above, Cereria, a manufacturer,
importer, and/or seller of certain Tiziana Terenzi wooden wick candles, purchases their wooden
wicks from Defendant. (Exhibit K). Cereria manufactures, imports, offers for sale, and/or sells
certain candles that directly infringe at least claim 1 of the 171 Patent. (See e.g., Exhibit N). At
least one of Cererias Tiziana Terenzi candles comprises a body of meltable fuel and, on
information and belief, Defendants infringing candle wick (i.e., a solid planar member). In the
at least one of Cererias Tiziana Terenzi candles, Defendants candle wick extends from the base
of the candle to a top surface of the body of meltable fuel and has a height dimension of
approximately 1.9 inches, a width dimension of approximately 0.25 inches, and a thickness
dimension of approximately 0.02 inches. Accordingly, the candle wick has a height dimension
that is greater than the width dimension, a width dimension that is greater than the thickness
dimension, and a thickness dimension that is between 0.018 to 0.23 inches. On information and
belief, the solid planar wick member is made of natural wood, which comprises (1) cellulose and
lignin, (2) generally straight grains extending substantially in the height dimension, and (3) a
moisture content of from 6 to 14%. On information and belief, the solid planar member emits an
acoustic crackling sound when the candle is lit.
25.
Upon information and belief, and as discussed above, Fifth & Madison, a
manufacturer, importer, and/or seller of certain wooden wick candles, purchases their wooden
wicks from Defendant. (Exhibit M). Fifth & Madison manufactures, imports, offers for sale,
and/or sells certain candles that directly infringe at least claim 1 of the 171 Patent. (See e.g.,
Exhibit O). At least one of Fifth & Madisons candles comprises a body of meltable fuel and, on
at least one of Fifth & Madisons candles, Defendants candle wick extends from the base of the
candle to a top surface of the body of meltable fuel and has a height dimension of approximately
2.5 inches, a width dimension of approximately 0.25 inches, and a thickness dimension of
approximately 0.02 inches. Accordingly, the candle wick has a height dimension that is greater
than the width dimension, a width dimension that is greater than the thickness dimension, and a
thickness dimension that is between 0.018 to 0.23 inches. On information and belief, the solid
planar wick member is made of natural wood, which comprises (1) cellulose and lignin, (2)
generally straight grains extending substantially in the height dimension, and (3) a moisture
content of from 6 to 14%. On information and belief, the solid planar member emits an acoustic
crackling sound when the candle is lit.
26.
In violation of 35 U.S.C. 271(f)(2), Defendant has supplied and/or caused to be
supplied in or from the United States, and it continues to supply and/or cause to be suppled in or
from the United States, infringing candle wicks, (i) which are especially made or especially
adapted for use in the invention as claimed in at least claim 1 of the 171 Patent, (ii) which are
not a staple article or commodity of commerce suitable for substantial noninfringing use, and
(iii) where such component is uncombined in whole or in part, knowing that such component is
so made or adapted and intending that such component will be combined outside of the United
States in a manner that would infringe at least claim 1 of the 171 Patent if such combination
occurred within the United States.
27.
On information and belief and Cererias counsels February 22, 2016 letter
(Exhibit K), Defendant supplies and/or causes to be supplied from the United States its
infringing candle wicks to Cereria (located in Italy) knowing that such candle wick is so made or
adapted and intending that such candle wick will be combined outside the United States to form
a candle that infringes at least claim 1 of the 171 Patent.
28.
On information and belief, Defendants infringing candle wicks are especially
made or especially adapted for use in the invention as claimed in at least claim 1 of the 171
Patent.
For example, on their website (www.unitywoodenwicks.com), Defendant provides
instructions on how to combine the infringing candle wicks into a candle that directly infringes at
least claim 1 of the 171 Patent. Specifically, Defendants website instructs third-party, direct
infringers to manufacture directly infringing products as follows: Melt wax, pour into container.
Let wax start to get slushy (solidify on the bottom) center wick into wax. Thats It!
Note: Let
the
candles
set
overnight
to
cure
the
wick
before
burning.
(http://www.unitywoodenwicks.com/wicks.html, Exhibit G, emphasis in original). Additionally,

Defendant includes exemplary pictures of candles that would directly infringe at least claim 1 of
the 171 Patent on its website.

29.
On information and belief, Defendant actively and knowingly induces with the
specific intent to encourage third parties to combine its infringing candle wicks outside the
United States in a manner that would infringe at least claim 1 of the 171 Patent if such
combination occurred within the United States.
30.
On information and belief, Defendants infringing candle wicks are not a staple
article or commodity of commerce suitable for substantial noninfringing use.

31.
On information and belief, Defendant has known of the 171 Patent and the
infringement by Defendant has been an egregious case of misconduct beyond typical

infringement.
32.
Lumetique has been irreparably damaged by such infringement and will continue
to be irreparably damaged by such infringement unless enjoined by the Court.

SECOND CLAIM FOR RELIEF
33.
into a candle with a body of meltable fuel (e.g., candle wax).
34.
During the course of negotiations between Lumetique and Dream-Wick,
Defendant was made aware of the family of patents to which the 409 Patent belongs. On
aware of the 409 Patent since no later than the date of this Complaint.
10
35.
Patent belongs.
36.
37.
February 22, 2016, Cererias counsel sent a follow-on letter stating that they asked for
touch with the manufacturer Dream Wick, Inc. of North Huntingdon, Pennsylvania.
Mrs.
Melynda DelCotto of Dream Wick, Inc. revealed us their industrial property portfolio and
and Defendant.
38.
409 Patent, to Fifth & Madison and, upon information and belief, Fifth & Madisons parent
11
company Couture Brands LLC (collectively, Fifth & Madison), a manufacturer, importer,
and/or seller of certain Fifth & Madison wooden wick candles. (Exhibit L). On February, 12,
2016, a representative of Fifth & Madison counsel responded to Lumetiques notice letter stating
that You are now aware who I am getting the wicks from and if you have any issues you should
take it up with them. The statement below comes right from the website. We are purchasing them
in good faith and these patents are valid[.] Our Wicks Are Manufactured, Shipped & Protected
Under the Following US Patents: US D663450 US D669615 US D708777 - US 8708694 D715989. (Exhibit M). Defendants website asserts that Our Wicks Are Manufactured,
Shipped & Protected Under the Following US Patents: US D663450 US D669615 US
D708777 - US 8708694 - D715989. (Exhibit H). Upon information and belief, Defendant was
made aware that Fifth & Madison was directly infringing the 409 Patent through
communications between Fifth & Madison and Defendant.
39.
40.

41.
12

infringing candle wicks into a candle that directly infringes at least claim 21 of the 409 Patent.
Specifically, Defendants website instructs third-party, direct infringers to manufacture directly
infringing products as follows: Melt wax, pour into container. Let wax start to get slushy
(solidify on the bottom) center wick into wax. Thats It! Note: Let the candles set overnight to
cure the wick before burning.
(http://www.unitywoodenwicks.com/wicks.html, Exhibit G,
emphasis in original). Additionally, on Defendants website, Defendant actively and knowingly

induces with the specific intent to encourage third parties to manufacture, import, offer for sale,
and/or sell certain candles that directly infringe at least claim 21 of the 409 Patent by including
exemplary pictures of candles that would directly infringe at least claim 21 of the 409 Patent.
42.
certain candles that directly infringe at least claim 21 of the 409 Patent. (See e.g., Exhibit N).
At least one of Cererias Tiziana Terenzi candles comprises a body of meltable fuel and, on
at least one of Cererias Tiziana Terenzi candles, Defendants candle wick comprises at least a
first layer and a second layer, wherein each layer of the candle wick extends from the base of the
approximately 0.02 inches. Accordingly, each layer of the candle wick has a height dimension
13
dimension, and a thickness dimension that is between 0.018 to 0.23 inches. Defendants candle
wick has at least a portion of a single surface of the first layer defined by the height and width
dimensions that is adhered to at least a portion of a single surface of the second layer defined by
the height and width dimensions. On information and belief, at least the first layer of the solid
planar wick is made of natural wood, which comprises (1) cellulose and lignin and (2) generally
straight grains extending substantially in the height dimension. On information and belief, the
solid planar wick emits an acoustic crackling sound when the candle is lit.
43.
at least one of Fifth & Madisons candles, Defendants candle wick comprises at least a first
layer and a second layer, wherein each layer of the candle wick extends from the base of the
approximately 0.02 inches. Accordingly, each layer of the candle wick has a height dimension
dimension, and a thickness dimension that is between 0.018 to 0.23 inches. Defendants candle
wick has at least a portion of a single surface of the first layer defined by the height and width
dimensions that is adhered to at least a portion of a single surface of the second layer defined by
the height and width dimensions. On information and belief, at least the first layer of the solid
14
planar wick is made of natural wood, which comprises (1) cellulose and lignin and (2) generally
straight grains extending substantially in the height dimension. On information and belief, the
solid planar wick emits an acoustic crackling sound when the candle is lit.
44.
45.
46.
Patent.
15
Note: Let
the
candles
set
overnight
to
cure
the
wick
before
burning.

Defendant includes exemplary pictures of candles that would directly infringe at least claim 21
of the 409 Patent on its website.
47.
48.

49.
Lumetique has complied with statutory requirement of 35 U.S.C. 287(a) and,
therefore, given Defendant notice of the 409 patent.

50.

infringement.
51.

THIRD CLAIM FOR RELIEF
52.
16

and wick holder into a candle with a body of meltable fuel (e.g., candle wax).
53.
54.
Patent belongs.
55.
parent patent (U.S. Patent No. 8,348,662) to the 275 Patent, to Cereria Terenzi Evelino S.R.L.
(Cereria), a manufacturer, importer, and/or seller of certain Tiziana Terenzi wooden wick
candles. (Exhibit I). On February, 12, 2016, Cererias counsel responded to Lumetiques notice
letter asserting that We are examining the matter and well reply as soon as we reach an opinion
about this issue. (Exhibit J). On February 22, 2016, Cererias counsel sent a follow-on letter
stating that they asked for clarifications to Cereria Terenzi Evelino's supplier of wooden wick
candels [sic], who put us in touch with the manufacturer Dream Wick, Inc. of North Huntingdon,
Pennsylvania. Mrs. Melynda DelCotto of Dream Wick, Inc. revealed us their industrial property
portfolio and stated that their products are made exclusively in the implementation of their
patents, without interfering with others. (Exhibit K). Upon information and belief, Defendant
was made aware that Cereria was directly infringing the 275 Patent through communications
17
between Cereria and Defendant.

56.
parent patent (U.S. Patent No. 8,348,662) to the 275 Patent, to Fifth & Madison and, upon
information and belief, Fifth & Madisons parent company Couture Brands LLC (collectively,
Fifth & Madison), a manufacturer, importer, and/or seller of certain Fifth & Madison wooden
wick candles. (Exhibit L). On February, 12, 2016, upon information and belief, a representative
of Fifth & Madison counsel responded to Lumetiques notice letter stating that You are now
aware who I am getting the wicks from and if you have any issues you should take it up with
them. The statement below comes right from the website. We are purchasing them in good faith
and these patents are valid[.] Our Wicks Are Manufactured, Shipped & Protected Under the
Following US Patents: US D663450 US D669615 US D708777 - US 8708694 - D715989.
(Exhibit M).
Defendants website asserts that Our Wicks Are Manufactured, Shipped &
Protected Under the Following US Patents: US D663450 US D669615 US D708777 - US

8708694 - D715989. (Exhibit H). Upon information and belief, Defendant was made aware
that Fifth & Madison was directly infringing the 275 Patent through communications between
Fifth & Madison and Defendant.
57.
58.
and candle wick holders (also known as sustainers or tabs) on their website
18
(www.unitywoodenwicks.com), including their single ply wooden wicks (available at

www.unitywoodenwicks.com/original_wicks.html, Exhibit F), double ply wooden wicks
(available at www.unitywoodenwicks.com/wicks.html, Exhibit G), and wooden wick sustainer
(available
at
www.unitywoodenwicks.com/original_wicks.html,
Exhibit
F,
and
www.unitywoodenwicks.com/wicks.html, Exhibit G).

59.

infringing candle wick tabs and candle wicks into a candle that directly infringes at least claim 1
of the 275 Patent. Specifically, Defendants website instructs third-party, direct infringers to
manufacture directly infringing products as follows: Tabs the wicks prior to placing in wax.
Melt wax, pour into container. Let wax start to get slushy (solidify on the bottom) center wick
into wax. Thats It! Note: Let the candles set overnight to cure the wick before burning.
on Defendants website, Defendant actively and knowingly induces with the specific intent to
encourage third parties to manufacture, import, offer for sale, and/or sell certain candles that
directly infringe at least claim 1 of the 275 Patent by including exemplary pictures of candles
that would directly infringe at least claim 1 of the 275 Patent.
60.
certain candles that directly infringe at least claim 1 of the 275 Patent. (See e.g., Exhibit N). At
19
least one of Cererias Tiziana Terenzi candles comprises a body of meltable fuel and, on
information and belief, Defendants infringing candle wick (i.e., a solid planar member). Upon
information and belief, the at least one of Cererias Tiziana Terenzi candles includes Defendants
wick holder. Defendants wick holder comprises a planar base member having a top surface and
a bottom surface and two separate substantially vertical plates extending from the top surface of
the planar base. The vertical plates of Defendants wick holder are spaced apart to accommodate
the solid planar wick and hold Defendants candle wick in an upright position. The entirety of
Defendants wick holder is below the top surface of the body of meltable fuel in the at least one
of Cererias Tiziana Terenzi candles. In the at least one of Cererias Tiziana Terenzi candles,
Defendants candle wick extends from the base of the candle to above a top surface of the body
of meltable fuel and has a height dimension of approximately 1.9 inches, a width dimension of
approximately 0.25 inches, and a thickness dimension of approximately 0.02 inches.
Accordingly, the candle wick has a height dimension that is greater than the width dimension, a
width dimension that is greater than the thickness dimension, and a thickness dimension that is
between 0.018 to 0.23 inches. On information and belief, the solid planar wick member is made
of natural wood, which comprises (1) cellulose and lignin and (2) generally straight grains
extending substantially in the height dimension. On information and belief, the solid planar
member emits an acoustic crackling sound when the candle is lit.
61.
20
information and belief, Defendants infringing candle wick (i.e., a solid planar member). Upon
information and belief, the at least one of Fifth & Madisons candles includes Defendants wick
holder. Defendants wick holder comprises a planar base member having a top surface and a
bottom surface and two separate substantially vertical plates extending from the top surface of
the planar base. The vertical plates of Defendants wick holder are spaced apart to accommodate
the solid planar wick and hold Defendants candle wick in an upright position. The entirety of
Defendants wick holder is below the top surface the body of meltable fuel in the at least one of
Fifth & Madisons candles. In the at least one of Fifth & Madisons candles, Defendants candle
wick extends from the base of the candle to above a top surface of the body of meltable fuel and
has a height dimension of approximately 2.5 inches, a width dimension of approximately 0.25
inches, and a thickness dimension of approximately 0.02 inches. Accordingly, the candle wick
has a height dimension that is greater than the width dimension, a width dimension that is greater
than the thickness dimension, and a thickness dimension that is between 0.018 to 0.23 inches.
On information and belief, the solid planar wick member is made of natural wood, which
comprises (1) cellulose and lignin and (2) generally straight grains extending substantially in the
height dimension.
On information and belief, the solid planar member emits an acoustic
crackling sound when the candle is lit.

62.
21
63.
64.
Patent.
Note: Let
the
candles
set
overnight
to
cure
the
wick
before
burning.

Defendant includes exemplary pictures of candles that would directly infringe at least claim 1 of
the 275 Patent on its website.
65.
22
66.

67.

68.

infringement.
69.

FOURTH CLAIM FOR RELIEF
(Infringement of U.S. Design Patent No. D705,459)
70.
Upon information and belief, Defendant manufactures, imports, offers for sale,
and/or sells certain candle products that infringe the 459 patent. For example, upon information
and belief, Defendant manufactures, imports, offers for sale, and/or sells certain candle wicks on
their website (www.unitywoodenwicks.com), including their single ply wooden wicks
(available at www.unitywoodenwicks.com/original_wicks.html, Exhibit F), double ply
wooden wicks (available at www.unitywoodenwicks.com/wicks.html, Exhibit G). The following
exemplary comparison of Defendants candle wick with the patented design further demonstrates
infringement:
23
71.
72.

73.

infringement.
74.
24

FIFTH CLAIM FOR RELIEF
(Infringement of U.S. Design Patent No. D644,359)
75.
import, offer for sale, and/or sell certain candles that infringe the 359 Patent in violation of 35
U.S.C. 271(b). The 359 Patent is directly infringed by third-party candle manufactures/sellers
by the inclusion of Defendants infringing candle wicks into the center of a candle with a circular
top.
76.
During the course of negotiations between Lumetique and Dream-Wick in 2014,
Defendant was made aware of the family of patents to which the 359 Patent belongs when only
the 359 patent and a few other Lumetique patents had issued. On information and belief,
therefore, Defendant has known of the 359 Patent since at least June 29, 2014. Exhibit T.
Defendant has been aware of the 359 Patent since no later than the date of this Complaint.
77.
Patent belongs.
78.
79.
25
February 22, 2016, Cererias counsel sent a follow-on letter stating that they asked for
touch with the manufacturer Dream Wick, Inc. of North Huntingdon, Pennsylvania.
Mrs.
Melynda DelCotto of Dream Wick, Inc. revealed us their industrial property portfolio and
and Defendant.
80.
that infringe the 359 Patent.
81.

82.
infringe the 359 Patent.
For example, on their website (www.unitywoodenwicks.com),
26
Defendant provides instructions on how to combine the infringing candle wicks into a candle that
directly infringes the 359 Patent. Specifically, Defendants website instructs third-party, direct
Note: Let
the
candles
set
overnight
to
cure
the
wick
before
burning.

on Defendants website, Defendant actively and knowingly induces with the specific intent to
encourage third parties to manufacture, import, offer for sale, and/or sell certain candles that
directly infringe the 359 Patent by including exemplary pictures of candles with wooden wicks
centered in the circular top of the candle that would directly infringe the 359 Patent.
83.
certain candles that directly infringe the 359 Patent. (See e.g., Exhibit N). The following
exemplary comparison of one of Cererias candles with the patented design further demonstrates
infringement:
27
84.

85.

infringement.
86.
28
SIXTH CLAIM FOR RELIEF

(Tortious Interference with a Prospective Contractual Relationship Under Delaware Law)
87.
Lumetique has engaged in discussions with many wooden wick suppliers and
manufacturers, sellers, and/or importers of candles that use wooden wicks in order to establish a
contractual relationship with the supplier, manufacturer, seller, and/or importer.
Exhibits I, L, and P.
See e.g.,
Many of these discussions have resulted in ongoing and successful
contractual relationships. However, upon information and belief, many of these prospective
contractual relationships were terminated by Defendants tortious and intentional interference.
88.
One of these prospective contractual relationships was with Cereria. Specifically,
Lumetique entered into prospective contractual relationship with Cereria through the exchange
of letters. See Exhibits I, J, K. As discussed above, based on information and belief, Cereria
infringes one or more of Lumetiques patents. Accordingly, upon information and belief, but for
Defendants tortious interference Cereria would have entered into a business relationship with
Lumetique.
89.
Based on Cererias letter to Lumetique dated February 22, 2016, Cereria informed
Defendant of the prospective contractual relationship between Cereria and Lumetique. See
Exhibit K. Specifically, Cererias letter states that we have examined the Lumetiques Patents
and asked for clarifications to Cereria Terenzi Evelinos supplier of wooden wick candels [sic]
who put us in touch with the manufacturer Dream Wick, Inc. of North Huntingdon,
Pennsylvania. Exhibit K.
90.
Upon information and belief, but for Defendants tortious interference Cereria
would have entered into a business relationship with Lumetique. Defendant tortuously interfered
with Lumetiques prospective contractual relationship with Cereria by misrepresenting and
29
deceiving Cereria that their products are made exclusively in the implementation of their
patents, without interfering with others. (Exhibit K). Additionally, upon information and
belief, Defendant tortuously interfered with Lumetiques prospective contractual relationship
with Cereria by willfully selling, manufacturing, and/or importing wooden candle wicks that
infringe at least one of Lumetiques patents, as discussed in the preceding paragraphs.
91.
As stated in Cererias letter to Lumetique dated February 22, 2016, Cereria
informed Lumetique that it was terminating its prospective contractual relationship based on the
tortious interference of Defendant. (See Exhibit K). Specifically, Cererias letter states that We
have reviewed all the Patents in relation to the goods of Cereria Terenzi Evelino S.r.l. and it
seems to us that Mrs DelCottos statements are quite convincing. If so, it seems to us that it is
not in the interest of our Client [to] incur additional disbursements to acquire other licenses;
anyway we remain at your disposal for any further discussion on the matter. (Exhibit K).
92.
Upon information and belief, Defendants tortious interference with Lumetiques
prospective contractual relationship with Cereria resulted in damages to Lumetique.
For
example, the termination of the prospective contractual relationship caused Lumetique to lose the
potential profits gained from the prospective contractual relationship.
REQUEST FOR A JURY TRIAL
93.
Lumetique requests a jury trial of all issues in this action so triable.

PRAYER FOR RELIEF
WHEREFORE, Lumetique prays for the following relief:

(a) That Defendant be ordered to pay damages adequate to compensate Lumetique for
Defendants infringement of each of the Patents-In-Suit pursuant to 35 U.S.C. 284;
30
(b) That Defendant be ordered to pay attorneys fees pursuant to 35 U.S.C. 285 for each
of the Patents-In-Suit;
(c) That Defendant be ordered to pay enhanced and treble damages for Defendants
egregious and thus willful infringement of each of the Patents-In-Suit pursuant to 35 U.S.C.
284;
(d) That Defendant, its officers, agents, servants, employees, and those persons acting in
active concert or in participation with it be enjoined from further infringement of each of the
Patents-In-Suit pursuant to 35 U.S.C. 283;
(e) That Defendant be ordered to pay damages adequate to compensate Lumetique for
Defendants tortious interference with prospective contractual relationships;
(f) That Defendant be ordered to pay prejudgment interest;
(g) That Defendant be ordered to pay all costs associated with this action; and
(h) That Lumetique be granted such other and additional relief as the Court deems just
and proper.
31
Dated: June 17, 2016
RESPECTFULLY SUBMITTED,
/s/ Chad S. C. Stover
Chad S.C. Stover (No. 4919)
BARNES & THORNBURG LLP
1000 N. West Street, Suite 1500
Wilmington, Delaware 19801-1050
Telephone: (302) 300-3474
Facsimile: (302) 300-3456
E-mail: Chad.Stover@btaw.com
Eric W. Schweibenz (pro hac vice forthcoming)
Andrew M. Ollis (pro hac vice forthcoming)
Thomas C. Yebernetsky (pro hac vice forthcoming)
OBLON, McCLELLAND, MAIER &
NEUSTADT, L.L.P.
1940 Duke Street
Alexandria, Virginia 22314
Telephone: (703) 413-3000
Facsimile: (703) 413-2220
E-mail: eschweibenz@oblon.com
E-mail: aollis@oblon.com
E-mail: tyebernetsky@oblon.com
Attorneys for Plaintiff Lumetique, Inc.
32
Case 1:16-cv-00459-UNA Document 1-1 Filed 06/17/16 Page 1 of 20 PageID #: 33
EXHIBIT A

111111
1111111111111111111111111111111111111111111111111111111111111
US008961171B2
(12)
United States Patent
(10)
Decker
(45)
(54)
CANDLE HAVING A PLANAR WICK AND

METHOD OF AND EQUIPMENT FOR
MAKING SAME
(75)
Inventor:
(73)
Assignee: Lumetique, Inc., Studio City, CA (US)
( *)
Notice:
170,158
197,902
252,590
275,293
323,058
DayNa M Decker, Studio City, CA (US)
Subject to any disclaimer, the term of this

patent is extended or adjusted under 35
U.S.c. 154(b) by 200 days.
(21)
Appl. No.: 12/848,527
(22)
Filed:
Patent No.:
US 8,961,171 B2
Date of Patent:
Feb. 24,2015
1111875 Cushing
A
A * 12/1877 Scott ............................. 4311325
A
111882 Loper
A
4/1883 Tisdale
A
7/1885 Mitchell
(Continued)
FOREIGN PATENT DOCUMENTS
EP
FR
1245663
2639356
10/2002
*
5/1990
(Continued)
OTHER PUBLICATIONS
(65)
Aug. 2, 2010
Prior Publication Data
US 201110027735 Al
Feb. 3, 2011
Firewood for Your Fireplace, Warren Donnelly, pp.

17,18,25,34,35,37, 88-95, May 1974, Library of Congress Card No.
74-76012.*
(Continued)
Related U.S. Application Data

(63)
Continuation of application No. 101759,508, filed on

Jan. 15, 2004, now Pat. No. 8,348,662, which is a
continuation-in-part of application No. 10/300,695,
filed on Nov. 19,2002, now abandoned.
(60)
Provisional application No. 60/331,898, filed on Nov.

19,2001.
(51)
Int. Cl.
F23D3116
(2006.01)
F23D3118
(2006.01)
U.S. Cl.
CPC ........................................ F23D 3116 (2013.01)
USPC ........................................... 4311288; 4311325
Field of Classification Search
USPC .......... 4311288,289,298,325,291,352,320
See application file for complete search history.
(52)
(58)
(56)
References Cited
U.S. PATENT DOCUMENTS
Primary Examiner - Avinash Savani

Assistant Examiner - Vivek Shirsat
(74) Attorney,
Agent,
or Firm - ObIon,
McClelland, Maier & Neustadt, L.L.P.
(57)
Spivak,
ABSTRACT
A candle having a body of a meltable fuel and a planar wick.

When lit, the candle provides a unique flame formation,
usable in a variety of decorative applications. The wick can be
configured to evenly deplete the meltable fuel, while allowing
for candles having relatively large and unique body configurations. The body of candle and/or the wick may include
scented oil to promote the release of fragrance upon heating.
The wick preferably is formed of wood, thereby providing an
acoustic contribution to ambiance and improved combustion
that generates less soot than conventional cotton wick
candles.
59,839 A * 1111866 Hoard ........................... 4311298

211872 Ladd
123,917 A
44 Claims, 9 Drawing Sheets

US 8,961,171 B2
Page 2
References Cited
(56)

383,822
415,231
431,033
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4,839,144
4,855,098
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D350,566
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5,487,658
5,597,300
5,683,239
5,683,762
5,772,424
5,807,096
5,830,245
5,846,070
5,879,153
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
S
A
A
A
A
A
A
A
A
A
A
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
511888
1111889
711890
911890
711906
511918
1011919
811921
1111923
311926
711927
111928
211928
411930
1111931
111932
611934
911935
211938
811939
511941
711943
411945
311949
911952
811956
1011957
611962
411963
311965
1111966
211968
411968
911968
211969
811969
211971
611971
111972
1211972
911973
911973
511975
1211976
1211981
511983
1011984
1211985
211986
211986
711987
911987
211988
211989
611989
811989
411990
511991
1211991
911994
1111994
111996
111997
1111997
1111997
611998
911998
1111998
1211998
311999
Munger ........................ 4311325

Walters
Cushing ........................ 4311325
Walters
Hafner
Bulle ............................ 4311291
Wooster ........................ 4311291
Cooket al. .................... 4311120
Oakes ........................... 248/468
Mertens
Schmidt
Haney
Murphy
Schafer ......................... 248/468
Brown
Weindel, Jr. .................. 248/453
Arpin
Konig et al.
Haymond
Bunt et al. .................... 4311291
Storck
Alexiade ....................... 4311323
Starner
Wilson
Byrnes .......................... 4311126
Ciano ........................... 4311298
Hartnett
Buscemi
Palmer ............................ 211150
Fredericks .................... 422/126
Frazier, Jr.
Ambrose et aI.
Sununers
Sununers
Sununers
Sununers ...................... 4311289
Cassar
Aubervillers et al. .......... 239/47
Uhl ............................... 4311291
Kunun
Schmitt et al.
Andeweg ...................... 362/161
Kelley et al. .................. 273/246
Weiss
Buzil
Ferguson
Ruzek et aI.
Schirneker .................... 4311291
Lin
Marcus et al.
Luken, Jr.
Pitchford
Brame
Kim
Martin .......................... 422/305
Taylor
Henze
Lee
Lin
Pearson
020/40
Lee
Lee
Wohl et al.
Cardosi
Banschick
Nokelainen
Shin et al.
Raddon
Kim et al.
Slejertin
5,967,769
6,017,373
6,033,210
6,063,144
6,068,472
6,074,199
6,076,515
6,129,771
6,241,512
6,276,925
6,409,501
6,419,713
6,440,184
6,454,561
6,471,899
6,508,644
6,554,448
6,568,934
6,783,356
6,793,484
6,793,697
6,823,780
6,863,525
7,568,913
200110029003
200110043469
200210013444
200210018976
200210022205
2003/0036028
2004/0029061
2004/0033463
2005/0037308
A
A *
A
A
A
A
A
A
Bl
Bl
Bl
Bl
B2
Bl *
B2
Bl *
B2
Bl
B2
B2 *
B2
B2
B2 *
B2 *
Al
Al
Al *
Al
Al *
Al
Al *
Al *
Al
10/1999
112000
3/2000
5/2000
5/2000
6/2000
6/2000
1012000
6/2001
8/2001
6/2002
7/2002
8/2002
912002
1012002
112003
4/2003
5/2003
8/2004
912004
912004
1112004
3/2005
8/2009
10/2001
1112001
112002
212002
212002
212003
212004
212004
212005
Thompson
Frisch ............................. 44/535
Freeman
Calzada et aI.
Freeman et al.
Song
Smith
Ficke
Freeman et al.
Varga
Pappas
Durand et al.
Noda et aI.
Colthar et al. ................ 4311289
Daiber et al.
Pesu et al. ....................... 431135
Carpenter
Butler
Hermanson
Pesu et al. ....................... 431135
Sprules et al.
Vogt et al.
Byrd ............................... 431135
Decker et al. ................. 4311325
Zou
Carpenter et al.
Jones et al.
528/170
Zou
Elliott et al. .................... 431135
Pesu et al.
Dibnah et aI. ................ 4311291
Pesu et al. ..................... 4311289
Decker

FR
SE
2811676
9903818
*
*
112002
5/2000
OTHER PUBLICATIONS
Swedish Patent: SE 9903818, "Outdoor Candle", Ebeling, Oct. 1999
(English Language Translation), 1-8 pages. *
Forest Products Laboratory Wood Handbook-Wood as an Engineering Material. (pp. 10-1, 10-7). U.S. Department of Agriculture.
2001. (Chapter 10 of the book is Provided, Titled: Wood Based
Composites and Panel Products by John Youngquist. *
Firewood for Your Fireplace; Warren Donnelly; Oct. 1974; pp.
18,25,34,35,37,84,85,88-95.
Swedish Patent No. 9903818; English language translation; Gunnar
Ebeling; May 2,2000; pp. la-7.
www.CLARLUSSP.comicandleslindex.php. "Waxes: Candles."
Internet printout on Jul. 6, 2006, 1 page.
www.wetestit.comiwax.htm. "Wax." Internet printout on Jul. 6,
2006, 3 pages.
Improvements Catalong, [Online], [Retrieved on Jan. 11, 2005],
Retrieved from the Internet: http://www.improvementscatalog.comi
Parent.asp?product~240717x&dept%5F id~300&subdept%5Fid~
304>.
World Flame Catalog, [Online], [Retrieved on Jan. 11, 2005],
Retrieved from the Internet: http://www.golighttheworld.comiStore/
ProductJCategoryInfo.aspx?cid~7>.

ProductiCategoryInfo.aspx?cid~17>.
Norma Coney, 2000, Lark Books, Deborah Morgenthal, pp. 16,

49-50, & 55-58.
U.S. Appl. No. 13/471,482, filed May 15, 2012, Decker.
U.S. Appl. No. 29/414,605, filed Mar. 1,2012, Decker.
* cited by examiner
u.s. Patent
Feb. 24,2015
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US 8,961,171 B2
1

MAKING SAME
mately doubled from the mid-1980s to the mid-'90s. They

also reported that there had been an increase in the number of
candle recalls due to fire safety issues, including excessive
flames in gel, terra cotta and metal container candles and
various other types of wax candles. Candle sales increased
350 percent while injuries and deaths from candle related
fires increased from thirteen to forty-two percent. The candle
industry and the CPSC are currently working through ASTM
to develop the necessary consensus standards to improve
candle fire safety. The primary objective in this cooperative
effort is to reduce injuries and deaths associated with candle
fires.
Although there have not been standardized regulations set
forth for candles, testing labs such as FTIISEA and MTLACTS are actively involved in technical evaluations for
candles with the National Candle Association (NCA) and/or
ASTM. Candle bum testing involves stability, bum time,
abnormalities, smokelflaring, sputter, overflow, re-ignition,
flame height, afterglow, external surface temperature (thermocouple), direct flame impingement, pool temperature, carbon deposit and soot emissions. Given that a wick's performance affects all these areas of testing, major improvements
and focus must be directed towards advancing wick technology.
Prior candle wicks have been woven or braided for well
over the last century. Such conventional wicks are woven
from multiple fiber or filamentary yams. The most commonly
used yarn is cotton, although other natural fibers such as
rayon, nylon or hemp have also been employed. Braided
wicks are produced in various sizes, shapes and constructions
to achieve the necessary performance (flame height, wax pool
size, self-trimming) and process (stability, self-supporting)
requirements. The appropriate wick selection for a particular
candle application includes type of weave, core, size (diameter or width) and density of wick. Even though wick selection is confined to braided wicks, there are over a thousand
different types of braided wicks from which to choose. Consequently, the vast options of wicks may be a disadvantage to
manufacturers or consumers, adding additional costs and
time spent sourcing a proper wick. Ultimately, braided wicks
still have many limitations.
Limitations include the wick's aesthetic appearance, and
limited design and ambiance alternatives. Although there are
thousands of different types of wicks available, they all consist of a white or natural colored, single strand woven material. Additionally, braided wicks only emit a silent, vertical
flame.
Another limitation with braided wicks is that they do not
provide enough capillary flow to optimize the performance of
today's candles. When manufacturing a braided wick,
increasing the picks per inch will increase the density of the
wick (i.e. reduce the yield) and thereby reduce the size of
capillaries, thus reducing the potential flame height or bum
rate. Conversely, reducing the picks per inch will open the
braid and reduce the density of the wick (i.e. increase the
yield) and thereby increase the size of capillaries, thus optimizing the flame height or burn rate. However, such an
increase in yield and bum rate from conventional braided
candle wicks is limited by the fact that creating a more open
structure with large capillaries creates a less stable wick
which changes in characteristics when subjected to the tensions of the candle manufacturing process. In addition, the
smooth surface of a braid reduces the functional surface area.
The small capillaries and smooth functional surface area of
the braided wick make it more difficult to create the required
capillary flow rate in today's natural and gel waxes as well as
candles that have high amounts of additives to modifY a
CROSS REFERENCE TO RELATED

APPLICATIONS
This application is a continuation of U.S. patent application Ser. No. 101759,508, filed Jan. 15,2004, which, in tum,
is a continuation-in-part of U.S. patent application Ser. No.
10/300,695, filed Nov. 19,2002, now abandoned, the disclosures of which are incorporated herein by reference in their
entireties. This application claims priority to U.S. Provisional
Patent Application No. 60/331,898, filed Nov. 19, 2001, the
disclosure of which is incorporated herein by reference in its
entirety.
10
15
BACKGROUND
Historically, candles served a functional purpose, but today
they are further used to enhance decoration, aroma and ambiance. References to candles date back to at least 3000 B.C. in
Crete and Egypt. Candle making as known today, began in the
13th Century. Candle molding machines were developed in
the 15th Century. The braided wick was introduced in 1825. A
continuous wicking machine was invented in 1834. Manufactured paraffin was introduced in 1850, providing an alternative to tallow. In 1854 paraffin and stearin were combined to
create stronger candles, very similar to those used today.
Through the past century, a number of "modem" technical
innovations have been introduced to improve candle performance and production. Most of the focus has been towards
advancing manufacturing methods (U.S. Pat. Nos. 3,964,858;
4,291,458; 4,830,330; 5,537,989; 5,927,965; 6,228,304),
improved wick sustainers (U.S. Pat. Nos. 3,819,342; 4,332,
548; 4,818,214; 5,690,484; 5,842,850; 5,961,318; 6,062,847;
6,454,561; 6,508,644), varying waxes formulations (U.S. Pat.
Nos. 6,066,329; 6,342,080; 6,562,085; 6,599,334), and
improving woven (i.e. braided) wick technology (U.S. Pat.
Nos. 3,940,233; 4,790,747; 5,124,200). (The entire contents
of all of the patents and other publications mentioned anywhere in this disclosure are hereby incorporated by reference
in their entireties.)
Traditionally, a candle is made up of a single or multi
combustible, porous core or wick surrounded by a fusible,
flammable solid wax or wax-like material, such as absolute or
blends of petroleum (paraffin) wax, mineral (montan) wax,
synthetic wax (polyethylene or Fischer Tropsch), natural
waxes (vegetable or animal) and clear candle waxes or "gels"
(ETPA). Prior art shows candle wicks referring to cotton or
cotton-like materials (i.e. rayon, nylon, hemp) woven, or
braided and with or without a "self-supporting" core material
such as metal, paper, cotton, polyethylene fiber or a stiffing
agent. When a candle is lit, the heat from the flame melts the
solid fuel and the resulting liquid then flows up the wick by
capillarity. This liquid is subsequently vaporized, the middle
zone of the flame is where the vapor is partially decomposed,
and the outer layer is marked by combustion of the vapor and
the emission of carbon dioxide, water and other vapors into
the atmosphere. The wick is the pivotal component for a
candle to bum. Although there have been improvements in
candle systems and wicks over the past century, there are still
complications, limitations and hazards associated with prior
wick technologies.
InAugust 1997,ASTM Subcommittee F15.45 was formed
to address candle fire safety issues and to set safety standards.
The frequency of injuries associated with candles approxi-
20
25
30
35
40
45
50
55
60
65

US 8,961,171 B2
candle's hardness, color, bum rate and aroma (i.e. stearic

acid, UV inhibitors, polyethylene, scent oils and color pigments).
Furthermore, today's candles come in different shapes,
sizes, and types (i.e. filled, freestanding, taper, tealight and
votive), ensuing a need for advanced wick materials and
structures.
With the succession of oversized and oddly shaped candles
(opposed to the traditional cylinder shapes), larger wax pool
size and consumption are preferred. Due to wick height standardization by ASTM (i.e. three inches), braided wicks are
limited in size and density, thus resulting in limitations in wax
pool size, bum rate and consumption. For example, the
thicker a cylindrical wick is, the higher its flame height. And
flat wicks are restricted in width (i.e. {fraction (lh2))-{ fraction (l14)} inch) due to the unsupported nature of a braided
wick. Even if a "core" or stiffing agent were applied, the wick
still remains too flexible. The wider and thicker the braided
wick is the more unstable and hazardous it may be. Since the
size of the wax pool is related to the bum rate and flame
height, braided wicks typically caunot produce a large
enough wax pool to consume the majority of a larger candle
without compromising the standardized flame height. Characteristically, a braided wick can produce up to a three-inch
diameter wax pool while maintaining a three-inch flame
height.
A traditional six-inch diameter candle requires three
braided wicks to maximize consumption. This results in additional manufacturing costs, irregular wax pools and potential
hazards. For instance, when one wax pool spills into another,
the leaking wax may create unstable flame heights and wick
drowning.
Prior art shows the need to improve wick technology that
allows the wick to bum for a longer period of time and
consume more wax than existing wicking material. This was
addressed in U.S. Pat. No. 4,790,747, whose wick comprises
a single strand of tufted wire coil having a polyethylene and
wax coating. One end of the coil is turned upward into a
vertical section to form the lighting element and the other end
of the wire is wound into a circular base such that it touches
the base of the vertical section. Consequently, the wire core
technology is manufactured with braided cotton or cottonlike material, generating the same analogous performance
complications as disclosed.
One category of braided wicks is "self-trimming" or flat
wicks (i.e. wicks that curl or bend to the outside of the flame).
Although "self-trimming" wicks may reduce afterglow, they
may curl to the point where the tenninal ends bend into the
wax pool or continue to curl into a spiral curl. This undesirable result can cause a self-trimming braided wick to increase
in length so as to increase the amount of wick material, or
functional surface area, above the melted wax pool, thereby
producing a continually increasing (i.e. unstable) flame
height and wax pool. Conversely, it is important that a wick
does not over-curl or bend to the point were the wick end
touches the wax pool, causing the wick to extinguish and
drown in molten wax. Consequently to re-ignite the candle,
the wick needs to be located and "dug out" since the wax may
cool and harden over the wick. The flat wicks are unsupported
and very flexible.
The alternative category of braided wicks is "self-supporting" wicks. Self-supporting wicks (i.e. "cored wicks") are
typically round in profile and use paper, cotton, metal or
polyethylene fiber material in the core of the braid to stiffen
the wick. Additionally, a stiffening agent such as wax-insoluble polymer or copolymer that depolymerizes or pyro-
lyzes may be used to support a flaccid wick. Although many

core or stiffing devices are used, braided wicks remain flexible.
Due to the flexibility in supported or unsupported woven
wicks, several hazards can occur. The majority of household
candle fires are the result of a candle wick leaning to one side
or another in filled or freestanding candles. Filled candles
with flexible wicks, particularly those enclosed in plastic or
glass containers, may overheat or contact the side of the
container, causing breakage or other damage. Additionally,
unsupported wicks may extinguish themselves, falling into
the pool of molten wax. Further, freestanding candles with an
unsupported wick may incur wax spillage due to a decentralized or irregular shaped wax pool.
Certain "self-supporting" wicks may consist of toxic core
materials. In April 2003, the Consumer Product Safety Commission (CPSC) banned the manufacture and sale of leadcored wicks and candles with lead-cored wick because they
could present a lead poisoning hazard to young children. This
ban became effective in October 2003. The federal ban
applies to all domestic and imported candles and will allow
the CPSC to seek penalties for violations of the ban. Unfortunately, it is very difficult for consumers to tell if the braided
"cored wicks" contain lead.
An additional obstacle with prior art wicks involves keeping a braided candle wick trimmed to a 114 inch length for
proper burning, as recommended by ASTM, NCA and most
candle manufacturers and testing labs. If a braided wick is not
trimmed properly, carbon balls, excessive soot emissions and
fire hazards may occur. Candle manufacturers are not
required and usually do not distribute a finished candle with a
recommended wick size of 114 inch.
Also, due to the nature of cotton-like material and especially "self-supporting" core material, a cutting device is
needed to trim the braided wick. If a wick is positioned deep
in a narrow candle jar or container, it may become difficult for
conventional scissors or cutting device to trim off the excess
long wick from the candle. Still, another problem is the difficulty to accurately measure a wick to the exact recommended {fraction (l14)} inch length.
The primary obstruction of prior candle wicks is the emanation of excessive soot developments, resulting in smoke
emission and carbon build up. Excessive soot occurs when a
candle is burning as a result of the remains of carbon particles
that have not been completely decomposed (burned) within
the candle flame. Soot will either fully combust and bum off,
released into the atmosphere as smoke, or grow into a carbon
head or ball, otherwise known as "mushrooming" or "afterglow". Furthennore, carbon heads can detach from the wick
and fall into the pool ofliquid fuel, where they accumulate. In
addition to creating a polluted looking candle, the liquid fuel
may combust, thereby igniting the carbon heads, which
become hot enough to vaporize and re-ignite resulting in
"flashover." In freestanding candles, the carbon heads may
heat up the wax and bum through the sides and bottom of the
candle causing severe damage and fire hazards. In addition,
the development of carbon heads (i.e. "afterglow") causes the
emission of unwanted smoke or toxic fumes to linger for
several minutes after being extinguished.
As a result of an increase in safety requirements and environmental issues, a Smoke Test Method Task Group, formed
by ASTM, developed a method to assess the propensity of a
candle to smoke. Candle manufacturers and testing labs can
use a simple test to measure the smoke from a candle while it
is burning that allows them to improve the perfonnance of
that candle. The standard test method was recently balloted in
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US 8,961,171 B2
January 2003, and the task group will continue to work

toward a final standard based on the ballot results.
In today's candles a wick sustainer is primarily used to
provide lateral support to a wick in a candle to hold the wick
in place during pouring of the wax -like material in a container
or mold or to laterally support the wick when the hardened
wax liquefies, no longer supporting the braided wick. During
the manufacturing of filled candles the wick is usually centrally positioned in the bottom of a container with an adhesive
to seal the wick sustainer to the bottom. Many wick sustainers
are difficult though to position centrally. Additionally, many
wick sustainers are made of materials that are not heat resistant or have "self-extinguish" qualities resulting in the overheating of glass causing severe damage, such as by fracturing
or cracking. Furthermore, the design of a wick sustain can
either amplify or reduce the risk of "flashover." A variety of
wick holders for braided wick technology have been designed
over the past decade or so to reduce fire hazards and increase
safety. See, e.g., U.S. Pat. Nos. 1,226,850; 1,267,968; 1,309,
545; 1,320,109; 1,344,446; 1,505,092; 2,291,067; 2,324,753;
3,462,235; 3,998,922; and 4,381,914.
It is known in the art to manufacture "freestanding" candles
by molding, and wherein a candle body is molded by casting
the wax in a mold having a wick inserted therein. Maintaining
the wicks centrally in the mold during such operation is a
rather difficult procedure, due to the flexibility of braided
wicks. For example, as molten wax cools, it shrinks, causing
wick repositioning, which increases the risk of wax spillage
as the candle burns.
tribution, tree and wood characteristics, including weight,

gravity, drying and shrinkage, durability, preservation and
toxicity. Wood species are broken down into hardwoods, softwood and tropical woods. There are over 160,000 hardwoods
and over 100,000 softwoods available. If anatomical elements are large and irregular, the wood is described as having
coarse and uneven texture. If these same features are small
and evenly distributed, the texture is fine and uniform. Grain
defines the arrangement or alignment of wood tissue; straight,
spiral or interlocked. The durability, decay and drying and
shrinkage qualities will also effect a wick's function.
The key factors in detennining an ideal wood species for
the use in a candle embodiment include: a fine to medium,
unifonn texture for a consistent burn; a generally straight and
even, vertical grain; resistance to decay; durability (i.e. minimal shifting due to environmental or climate changes); little
tendency to split; shock resistance; strong and stable.
The key factors in determining a wood species for the use
in scent dispensing applications, such as for air fresheners and
perfume delivery applications include resistance to decay;
minimal shrinkage; strong and stable, permeable; and distinctive scents.
In a detailed aspect of a preferred embodiment of the invention' the wick is formed of wood selected from a group
consisting of poplar, cherry, maple, wenge, oak, rosewood,
and bamboo. The wood can have a moisture content of less
than about six percent, or alternatively and preferably
between ten and twelve percent. This wick is thereby comprised of a more rigid, viscous material that can produce a
larger wax pool and longer burn rate without compromising
the flame height.
According to another definition of the present invention a
candle having a body of meltable fuel and a planar wick is
provided. The wick can be made of wood, semi-wood or
wood-like material. The wood can be selected from hardwood, softwood or tropical woods preferably with straight,
vertical grains; fine to medium and unifonn in texture;
medinm density; moderate to light weight; low shrinkage;
excellent strength and stability and resistant to splitting. The
semi -wood may be wood combined with cotton or cotton -like
material and wood or wood bonded together with natural
adhesives or resins, such as particle board. The wood-like
material can be any material natural or manmade lamina,
replicating rigid, solid sheet-like material, made from materials such as trees, shrubs, leaves and plant tissue and bark.
The woodlike material consists largely of cellulose and lignin
with vertical, straight grains and a unifonn texture.
The fibrous rigidity of the wick of the present invention
provides centralized wax pools, safe burning candles, and no
wick drowning or wick bending. The wick is continuously
stable while the candle burns and does not lean while the
candle is being manufactured.
The wick can be bleached, dyed or printed on such as by
printing a message or decorative pattern on the flat surface
thereof.
The planar wood, semi-wood, wood-like wick may be
dipped or coated with a wax to seal the wick from obstructive
elements (i.e. fragrance, dyes, acids, oils or other agents) that
may affect the capillary flow, therefore allowing the wick to
burn more efficiently and consistently.
The absorbent wood material of the wick can be adapted to
be used as wicks in a variety of applications. For example,
porosity of the longitudinal exterior surface of a wick can be
highly desirable in scent dispensing applications, such as for
air fresheners and perfume delivery applications. The length
of the wick exposed to air may be controlled to regulate the
rate of scent release.
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SUMMARY
Directed to overcoming the foregoing and other shortcomings and drawbacks of candle wicks and systems heretofore
known, the present invention embodies a planar wick and the
method and equipment to produce the same. In preferred
forms, the present invention includes wood, wood-like or
semi-wood wicks that provide improved capillary flow as
well as increase the functional surface area. This candle wick
provides additional decoration and an acoustic release. In
accordance with principles of the present invention, a candle
wick is provided which is particularly designed to burn efficiently in a candle system without producing undesirable
smoke and carbon heading. In addition, the wicks are capable
of creating a more stable and unifonn wax pool diameter. The
candle wick is designed to change the physical shape of the
flame to thereby provide maximum burning efficiency.
Candles of the present invention provide a safer, cleaner
burning, decorative, multi-sensory alternative to the prior
wick technology.
The present invention provides a candle having a body of a
meltable fuel and a planar wick. The meltable fuel can be
vegetable-based, paraffin, beeswax, carnauba, candelillia,
polymers, polyolesters or other "fuels" as would be apparent
to those skilled in the art from this disclosure. When the wick
is lit, the candle provides a unique flame formation, usable in
a variety of decorative applications. The wick can be configured to evenly deplete the meltable fuel, while allowing for
candles having relatively large and unique body configurations. Optionally, the body of candle and/or the wick may
include scented oil to promote the release of fragrance upon
heating and the wick may comprise wood, thereby providing
an acoustic contribution to ambiance, improved combustion
that generates less soot than conventional candles.
It is recognized in the analysis of wood that a species or
genus or a complete botanical affinity or family name is given.
Each species is typically described in tenns of its trade, dis-
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US 8,961,171 B2
The wick provides an acoustic crackling sound and

depending on the combined fuel may emit more or less acoustic sound, as may be desired. Also, the species of wood and
amount of viscous sticky substance (i.e. gum or resin) affects
the volume of the sound; for example, the Rosaceae family of
woods, emit a more acoustic crackling sound due to the
integrated gum pockets in the wood.
The wick of the present invention advantageously bums
cleanly without producing carbon heads, mushrooming or
after glow. Due to the lack of carbon buildup, the wick when
extinguished discontinues releasing soot within a minute of
being extinguished. (In contrast, today's candles continue to
release soot for approximately thirty seconds to five minutes.)
The wick can be trimmed by breaking the bum wick material off with fingers or a cutting device. Typically, the height
of the wick above the wax is Ijs to {fraction (3.!t6)} inch. It is
easier than braided wicks to trim and determine the correct
height. The preferred height of the wick when the candle is
manufactured and sold is Ijs to {fraction (3/16)} inch above the
wax. The wick holder raises the wick Ijs to {fraction (3.!t6)}
inch, thus, extending the wick that distance above the wax for
proper burning.
The wick can be Ijs to twenty inches in width depending on
the size of the candle container or desired size of the freestanding candle. The height correlates to the size of the
candle. The wick can be flat or curved vertically.
The wick thickness is determined by the type of wax;
vegetable base waxes tend to need thicker wicks compared to
petroleum based which is more incendiary. The width is
determined by the size of the container verses the thermal
flow. For example, a 3fs inch width wick is typically placed in
a three inch diameter petroleum-based pillar, whereas a {fraction (5.!t6)} inch width wick is placed in a three inch vegetablebased pillar. A four inch round glass container may use a Ih
inch width wick with paraffin wax while the same container
with vegetable wax may use a {fraction (Sfs)} inch width
wick.
The present invention wick bums cooler thus causing a
longer bum rate, lower external temperature and lower container temperature. This is because the emissions of carbon
dioxide, water and other vapors are released and burn up
causing cleaner combustion. Since the wick extends horizontally, the candle can consume more wax than a single wick
than prior art candles, thereby causing longer burn rate and a
larger wax pool.
The wick can be manufactured by cutting a log vertically
from 0.019 to 0.30 inch and then laser or die cutting to an
exact size for the desired candle system. Alternatively, the
wick can be wood or woodlike particulars or particulated
adhered or bonded together with a bonding material, pressed
and cut to size. The candle can have a wick sustainer or holder,
and the candle can be made of a fuel capable of melting to
form a liquid pool and traveling by capillary action to a flame
burning on the wick.
The wood may be from a family of hardwoods, softwood or
tropical woods. The preferred wood qualities are: fine to
medium, uniform texture, straight, even vertical grain, high to
medium density and strength, light to medium weight and
shock and split resistant. Preferred wood species or genus
include but are not limited to: Adler, Cedar, Cherry, Cypress,
Poplar, Silverbell, Spruce, Rimo, and Pillarwood. Cherry and
Poplar are the most abundant and commercially available in
the United States. Additional preferred species or genus of
wood include: Aspen, Basswood, Beech, Birch, Hard Maple,
Pacific Yew, Pine and Witch Hazel, due to their fine to
medium, uniform texture; and straight, vertical grain as listed

above, although these wood families tend to be heavier,
denser and softer.
The present invention further relates generally to the field
of candle making and in particular to a new and useful sustainer for a planar wick which extinguishes the candle flame
and inhibits combustion of residual candle fuel in a container
or freestanding for the candle at the end of the candle useful
life. The present invention thus advantageously provides for a
stable wick construction that improves candle safety and performance by centering the wick and remaining upright.
In another detailed aspect of a preferred embodiment of the
invention, the candle further includes a wick holder having a
base and a support for receiving the planar wick. Optionally,
the wick holder is configured to hold a planar wick upright
independent of the body.
In a method of manufacture, a planar wick supported by a
wick holder is positioned within a mold and, thereafter, material of the body is poured into the mold. Once the material
sets, the candle can be removed from the mold.
The wick holder can comprise a body having a top surface,
bottom surface, a pair of upper walls connected to the top and
bottom surfaces and a planer bore for receiving the wick
passing through the two upper walls. A barrier extends horizontally through the side walls. And the barrier and body are
made from noncombustible materials. The upper walls are
preferably at least a half inch in height above the bottom of the
candle. The raised wick holder is preferably the central position through the body for receiving a wick. The body is
preferably {fraction (1.!t6)} to {fraction (1/s)} inch but it may
be cylindrical, pyramid shapes, cube shaped or conical. The
diameter is in direct correlation to the size of the diameter of
the bottom of the candle or candle holder/container. This
keeps the wick always centrally located.
The wick holder of the present invention differs from prior
art wick holders in the following ways: it is designed to center
and hold upright a planar wick, and it is easily inserted into a
slit, between two flat walls which hold the wick upright.
There is a centering line on the wick sustain to center the
wick.
Another invention disclosed herein thus relates to a flame
retardant wick holder and anti-flash wick support for a candle
wick in a candle to additionally minimize the risk of flashover.
Using a wick sustain to elevate the exposed portion of the
bottom end of a wick from a supporting surface cuts the wick
off from the fuel pool once the pool level drops below that
portion of the wick, thereby extinguishing the candle and
retaining a fuel pool on the supporting surface. This insures
that a minimum melt pool remains throughout the lifetime of
the candle, and also helps to keep extraneous material away
from the flame. In other words, in addition to extinguishing
the candle, elevating the wick also separates the primary
flame from the extraneous material in the fuel pool as the pool
lowers.
The wick holder or sustain can be made from polymers or
ceramics and preferably polyethersulfone (PES) with a thickness of {fraction (%2)} inch and which is noncombustible and
intumescent when heated, to assist in self-extinguishing and
reducing the heat transferred from the wick sustain to the
supporting surface.
The candle can be manufactured by positioning an elongate member in a desired wick location in a candle mold. The
elongate member has the same width and thickness dimensions as the wick to be used. With the elongate member in
position the molten wax is poured into the mold around the
member. The wax is allowed to solidifY and the member then
pulled out, leaving (or forming) an elongate slot centered in
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US 8,961,171 B2
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the wax. The thin planar, substantial rigid wood or wood

product wick is then inserted into the straight slot.
The end of the wick is inserted into the retaining slot of a
wick sustain device press fit into the bottom surface of the
candle.
To manufacture a candle, a centering device of the present
invention for planar wicks provides an improved apparatus
and method for preparing and installing wicking in freestanding candle bodies and comprises in its preferred
arrangement a station for forming a passageway in a formed
candle body to maintain the wick centrally in the mold during
such operation. The centering device can be manufactured in
metal, polymers or ceramic, preferably polyethersulfane
(PES) with a thickness of {fraction (Ih2)} inch or applied to
and included in these mold compounds polyvinyl chloride,
latex systems, silicon rubber systems, polysulfide rubber systems and polyurethane flexible mold compounds.
Other objects and advantages of the present invention will
become more apparent to those persons having ordinary skill
in the art to which the present invention pertains from the
foregoing description taken in conjunction with the accompanying drawings.
FIG. 20 is a schematic perspective view of exemplary wick

according to the present invention.
DETAILED DESCRIPTION OF EXEMPLARY
EMBODIMENTS
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BRIEF DESCRIPTION OF THE DRAWINGS

25
Amore complete appreciation of the invention and many of

the attendant advantages thereof will be readily obtained as
the same becomes better understood by reference to the following detailed description when considered in connection
with the accompanying drawings, wherein:
FIG. 1 is a perspective view of a candle in accordance with
the present invention, the candle having a planar wick;
FIG. 2 is a cross-section view taken on line 2-2 of FIG. 1,
the candle having a wick holder;
FIG. 3 is a plan view of the wick holder of the candle of
FIG. 1;
FIG. 4 is a cross-sectional view of another preferred
embodiment of a candle in accordance with the invention,
depicting a body having zones of different melting points;
FIG. 5 is a perspective view of another preferred embodiment of a candle in accordance with the invention, depicting
a body having an asymmetric configuration;
FIG. 6 is an exploded view showing candle-making equipment of the present invention;
FIG. 7 is a front view of an alternative holding device of the
equipment of FIG. 6;
FIG. 8 shows a first process step using the assembled
FIG. 9 shows a second process step of the present invention;
FIG. 10 is an enlarged sectional view showing the wick
sustain device of FIG. 9 in position in the candle;
FIG. 11 is a perspective view of the wick sustain device of
FIGS. 9 and 10 illustrated in isolation;
FIG. 12 is a top view thereof;
FIG. 13 is a side view thereof;
FIG. 14 is a bottom view thereof;
FIG. 15 is a cross-sectional view taken on line 15-15 of
FIG. 12;
according to the present invention;
FIG. 17 is a schematic perspective view of exemplary
candle according to the present invention;
candle according to the present invention; and
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With reference to the illustrative drawings, and particularly

to FIG. 1, there is shown a candle shown generally at 100
having a body 120 of a meltable fuel and a planar wick 140.
When lit, the candle 100 provides a unique flame formation
usable in a variety of decorative applications. Optionally, the
candle body 120 andlorthe wick 140 may include scented oil
to promote the release of fragrance upon heating, may be
bleached, dyed or printed on for decor, and can be configured
to provide an acoustic contribution to ambiance.
The material and thickness of the wick 140 are selected to
promote the candle's functionality as well as the candle's
contributions to ambiance. In a presently preferred embodiment, the wick 140 is made of wood, semi-wood or wood -like
material and, when lit, provides a pleasant crackling sound
and bums more thoroughly with less carbon heading and
sooting than conventional wicks. Processed wood materials
such as particleboard and fiberboard may also be used. Overall, woods having relatively straight, condensed grains and
without checking make effective wicks. In contrast to traditional wicks, which require periodic trimming, maintenance
of wood wicks can be performed with or without any tools.
Rather, burned edges of wood wicks can be removed with the
user's fingers, before relighting.
Empirical testing has shown that woods such as poplar,
cherry, maple, wenge, oak, rosewood, and bamboo are effective with both paraffin-based and vegetable oil-based waxes,
and are effective when used in conjunction with waxes having
melting points between one hundred and ten degrees and one
hundred and ninety degrees Fahrenheit. For example, a wick
formed of cherry wood having a thickness between {fraction
(1fS3)} inch and {fraction (1fs)} inch, used in a body of a
paraffin or vegetable oil-based wax provides an even bum and
a pleasant crackling sound. Hard non-brittle, tight grain
woods work best. And cherry is preferred over other species
of wood for some applications because its higher oil content
gives it more of a desirable crackling sound when burning.
Although testing has shown that some woods, such as walnut,
ash, birch, pearwood, sapele, pommele, zebrawood, lacewood, mahogany, pine, teak, ebony, and various burls, are not
as effective, these woods are still within the scope of the
invention. Woods having a moisture level of less than about
six percent have been found to work, but moisture contents of
between ten and twelve percent are preferred.
The wick 140 can have thicknesses of 0.019-0.028 inch,
and widths of Ijs to three inches are the safest. The wick height
depends on the candle height and for example can be Ih inch
to six feet. Wick dimensions can relate to the type of wax
used. While wicks for paraffin candles will be thinner and
narrower (approximately 0.019-0.023 inch), wicks for vegetable-based waxes will be thicker (approximately 0.0230.028 inch). Palm and soy are the main components ofvegetable-based waxes. It is also within the scope of the invention
to use a paraffin-vegetable-based wax mixture. The wax, fragrance and dye used can all affect the desired wick dimensions. However, as an example for a three-inch diameter
candle, a 3fs-{ fraction (Sfs)} inch wide wick can be used.
One way of forming the wood wicks is to have traditional
manufacturers of wood veneers for doors, windows and the
like, cut the veneers in a certain way. They are then die cut to
a specific size, and pressed and dried as needed, since if the

US 8,961,171 B2
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wood wick is too moist it may not produce a consistent flame.

A moisture content of eight to twenty percent is preferred.
Cotton or cotton-like materials can be incorporated into the
wood wick construction. An exemplary wick SOO, as shown in
FIG. 16, is prepared by sandwiching a piece of cotton S03
between the sheets of wood SOl, S05 and sealing the sandwiched construction with wax. Another example is to make a
wood particle/powder fiberboard with small bits of cotton
incorporated therein.
With continued reference to FIG. 1, the wick 140 is generally straight, as viewed from above the candle and is relatively thin and pliable. In other embodiments, the wick 140
may be configured in various shapes, bent or straight, as
desired and shown in FIGS. 17 and IS. For instance, the wick
can be configured, in any decorative shape as viewed from the
top, such as an arc, circle, square, triangle, heart, or an alphanumeric shape (e.g., as shown in FIGS. 17 and IS). Also, the
size and shape of the wick are selected to provide even depletion of the meltable material throughout the life of the candle
100, even for unique body configurations (see FIG. 5). For
example, the wick of a free-standing candle is sized to create
a pool of wax that reaches within Ij8 to {fraction (lh)} inch
from the edge of the body 120. Beneficially, the planar wick
140 allows for a larger candle that depletes evenly. As shown
in FIG. 19, each candle 100 can have one or more wicks 120
configured in the shape of a sheet. Optionally, the wick 140
can be soaked in scented oil to promote the release of fragrance when burning, or can be bleached, dyed and printed on
has shown in FIG. 20) for decor.
Referring now to FIGS. 2 and 3, the candle 100 further
includes a wick holder 160 that aids both in the manufacture
and use of the candle. The wick holder has a base ISO and a
support 200 for receiving the wick. The wick holder can be
configured to hold a wood wick upright independent of the
body 120. In this embodiment, the base ISO has a width WI of
about 0.05 inch and the support 200 has a width W2 of about
0.09 inch. The support defines a spacing 220 of about 0.02
inch for receiving the wick.
With reference now to FIG. 4, the body 120 can be formed
to have regions with different melting points. In this embodiment, the body has an inner core 220 of a first melting point
and an outer core 240 of a second melting point. The inner
core melting point may be in the region of two hundred to two
hundred and forty degrees Fahrenheit, and the external region
melting point may be between one hundred and twenty and
one hnndred and sixty degrees Fahrenheit. Although, the
preferred melting point of inner core is between one hundred
and forty to one hundred and sixty degrees Fahrenheit and the
outer core is between one hnndred and twenty-five and one
hundred and thirty-five degrees Fahrenheit. This may avoid
the external appearance of cracks in the candle. In a preferred
embodiment, the inner core 220 has a width W of at least 1.5
inches to ensure that the heat of the wick 120 does not promote the fast melting of the external region 140. The external
region may have a thickness of at least one inch.
The wick 120 should be positioned accurately in the
desired location. If it leans to one side on the other as can
occur by the tension of the cooling wax, the candle 100 will
bum unevenly. To ensure an accurate positioning of the wick
120, nnique equipment and manufacturing method have been
developed. And the equipment and method can best be understood from FIGS. 6-10, and the discussion below.
Referring thereto it is seen that a centering device 300 is
provided which centers an elongate member 320, a flat metal,
ceramic or plastic rod, in the candle mold 340. More specifically, the holding device, piece 360 is snap fit via a button in
the middle of the centering arms (or wings) 3S0 to form the
centering device 300. The elongate member 320 is inserted

down into the holding device 360 and held in place by its
resilient fingers 300. The fingers 3S0 can accommodate elongate members (and thus subsequently wicks) of different
widths. An alternative holding device construction is shown
in FIG. 7 generally at 400.
On bottom surfaces of the centering arms are a plurality of
protrusions, 420 having the same size and spacing on both
sides. The protrusions define grooves 440 for fitting onto the
rims 460 of molds 346, as can be seen in FIG. S. The different
spaced grooves 440 allow the centering device 300 to be
placed on molds 340 of different diameters and still accurately hold and center the elongate member 320 in the mold.
With the centering device 300 in place on the mold 340 and
the elongate member (flat rod) 320 centered in the mold as
shown in FIG. S, the desired amount of molten wax 4S0 is
poured into the metal or polyethylene mold 340 around the
elongate member 320. The wax 4S0 is allowed to solidifY
(which can typically take at least two hours to solidify in a
small candle and up to twenty-four hours in a large candle,
depending on the type of wax and wax ingredients), and the
elongate member 320 pulled out to define a slot 500 in the
solidified wax 520, as illustrated in FIG. 9, where the wax is
shown removed from the mold. The wick 540 (140) can be
dipped or coated with wax before being inserted into the slot
500. This seals the wick 540 so that the dyes and fragrances of
the candle wax 540 will not be absorbed into the (porous)
wick.
A wick sustain device 600 is press fit into the bottom of the
candle with the slot 620 thereof aligned with the candle slot
500 and a label (not shown) can be applied to the candle
bottom over the bottom of the wick sustain device 600. The
("planar wick") wick 540 is inserted into the slot 500 in the
wax down into the slot 620 of the wick sustain device 600, as
illustrated in FIG. 10. The wick 540 is thereby consistently
straight and accurately positioned. When the candle burns
down to a short height, the wick sustain device 600 holds the
wick 540 up. The wick 540 should initially extend up between
{fraction (lAd)} to {fraction (l14)} inch, and preferably Ij8 or
{fraction (3/16)} inch, above the top surface of the candle. If it
is too tall, the flame is too high. If it is too short, it is difficult
to light. When relighting it, the burnt ash should be removed
by hand so that the wood wick 150 extends up about {fraction
(3/16)} inch.
The wick sustain device 600 is shown in isolation in FIGS.
11-15. It is seen to include a round base member 640 and
structure 660 secured thereto and defining the upwardly facing wick-receiving slot 620. The structure is essentially two
spaced plates 6S0, 700, one taller than the other so that the
wick is easier to install and is held straight upright. The slot
620 is 0.5 inch long, 1.5 inch wide, andO.35 inch deep, but not
limited to these proportions or dimensions. The base member
640 can have a diameter of two inches.
With the wick 540 in place, a finishing step-a topping
off---can be conducted. Additional wax can be poured on top
of the candle and a heat gun used to smooth it out and put a
glaze on it.
Standard cotton wick candles have a tall flame height and a
small pool size. So for larger candles, more cotton wicks are
used for a single candle. This creates inconsistent wax pool
and flame height and does not efficiently use the candle. Thus,
with the present invention a single longer wick 540 (e.g., 1114
inches for a six inch candle), with a safe flame height, can be
used. Due to a cooler bum the candle lasts longer.
It should be appreciated from the foregoing description
that the present invention provides candles usable in a variety
of decorative applications and having nnique flame forma-
10
15
20
25
30
35
40
45
50
55
60
65

US 8,961,171 B2
13
14
14. The candle wick of claim 1, wherein the width dimentions. Optionally, the candle may include scented oil to promote the release of fragrance upon heating and the wick can
sion of the solid planar member is from 1 to 12 inches.
be made of wood, semi-wood or wood-like material with a
15. The candle of claim 1, wherein the width dimension of
straight, vertical grain to provide an acoustic contribution to
the solid planar member is from 3/16 to 3 inches.
ambiance when lit. The present invention thus provides a
16. The candle wick claim 1, further comprising a second
candle having improved combustion, that provides a unique
member adhered to the solid planar member.
flame formation, that has a wick that is safer, remains rigid
17. The candle wick of claim 16, wherein the second memthroughout its use, improves combustion and that makes an
ber is substantially identical to the solid planar member.
acoustic contribution to ambiance.
18. The candle of claim 16, wherein the second member is
From the foregoing detailed description, it will be evident 10
formed of a different material than the solid planar member.
that there are a number of changes, adaptations and modifi19. The candle of claim 16, wherein the solid planar memcations of the present invention which come within the provber comprises wood and the second member comprises cotince of those skilled in the art. The scope of the invention
ton.
includes any combination of the elements from the different
20. The candle of claim 19, further comprising a third
species or embodiments disclosed herein, as well as subas- 15
member
comprising wood.
semblies, assemblies, and methods thereof However, it is
21. The candle of claim 20, wherein the second member is
intended that all such variations not departing from the spirit
interposed between the solid planar member and the third
of the invention be considered as within the scope thereof.
member.
The invention claimed is:
22. The candle of claim 16, wherein at least one of the solid
1. A candle, comprising:
20
planar member and the second member comprises a fibera solid planar member; and
a body of meltable fuel;
board material.
wherein:
planar member and the second member comprises an
the solid planar member has a height dimension, a width
25 unwoven fibrous material.
dimension, and a thickness dimension;
the height dimension is greater than the width dimension
planar member and the second member comprises wood parand extends from a base of the candle to a top surface of
the body of meltable fuel;
ticles that have been adhered, bonded, pressed and cut to size.
the width dimension is greater than the thickness dimen25. The candle of claim 16, wherein at least one of the solid
30 planar member and the second member comprises added
sion;
reslll.
the thickness dimension is from 0.018 to 0.23 inches;
26. The candle of claim 1,
the solid planar member comprises cellulose, and lignin;
wherein the candle wick is held in an upright position by a
the solid planar member comprises generally straight
wick holder.
grains extending substantially in the height dimension;
27. The candle of claim 1, wherein the thickness dimension
the solid planar member has a moisture content of from 6 to 35
14%; and
is from 0.019 to 0.125 inches.
the solid planar member emits an acoustic crackling sound
28. The candle of claim, wherein the thickness dimension
when the candle is lit.
is from 0.019 to 0.028 inches.
2. The candle of claim 1, wherein the solid planar member
29. The candle of claim 1, comprising at least one addi40 tional solid planar member.
comprises poplar wood.
30. The candle of claim 29, wherein the solid planar memcomprises cherry wood.
ber and the additional solid planar member are arranged to
have an X-shape when viewed from above.
comprises maple wood.
31. A candle wick, comprising:
5. The candle of claim 1, wherein the solid planar member 45
a solid planar member; and
is coated with a meltable fuel.
a second member;
6. The candle of claim 5, wherein the meltable fuel comwherein:
prises at least one member selected from the group consisting
the solid planar member has a height dimension, a width
of beeswax, camauba wax, candelilla wax and vegetabledimension, and a thickness dimension;
based waxes.
50
the height dimension is greater than the width dimension;
7. The candle of claim 5, wherein the meltable fuel comthe width dimension is greater than the thickness dimenprises at least one member selected from the group consisting
sion;
of petroleum-based waxes.
8. The candle of claim 5, wherein the meltable fuel comeach of the solid planar member and the second member
prises at least one member selected from the group consisting 55
comprises a fibrous material;
of synthetic waxes.
the wick emits an acoustic crackling sound when provided
in a candle and lit; and the solid planar member comhas been subjected to at least one treatment selected from the
prises generally straight grains extending substantially
group consisting of bleaching, dyeing and printing.
in a direction from a base for the candle to a top surface
10. The candle of claim 1, wherein the solid planar member 60
of the candle when the wick is provided in the candle.
32. The candle wick of claim 31, wherein the second memhas been subjected to drying.
ber is adhered to the solid planar member with wax.
11. The candle of claim 1, wherein the height dimension of
33. The candle wick of claim 31, wherein the second memthe solid planar member is from 1h inch to four feet.
12. The candle wick of claim 1, wherein the height dimenber is substantially identical to the solid planar member.
34. The candle wick of claim 31, wherein the second mem65
sion of the solid planar member is from 1 inch to six feet.
ber comprises a different fibrous material than the solid planar
13. The candle of claim 1, wherein the height dimension of
the rigid planar member is from 1 to 9 inches.
member.

US 8,961,171 B2
16
15
35. The candle wick of claim 31, wherein the solid planar
member comprises wood and the second member comprises
cotton.
36. The candle wick of claim 35, further comprising a third
member comprising wood.
37. The candle wick of claim 36, wherein the second member is interposed between the solid planar member and the
third member.
38. The candle wick of claim 31, wherein the solid planar
member and the second member are arranged to have an
X-shape when viewed from above.
comprises a curved portion when viewed from above.
40. The candle of claim 31, wherein the solid planar member comprises a curved portion when viewed from above.
41. The candle of claim 1, comprising multiple solid planar
members.
42. The candle of claim 41, wherein the multiple solid
planar members differ in dimension.
43. The candle of claim 31, comprising multiple solid
planar members.
planar members differ in dimension.
* * * * *
10
15
20
EXHIBIT B
EXHIBIT C

111111
1111111111111111111111111111111111111111111111111111111111111
US0092612 75B2
(12)
(54)
United States Patent
(10)
Decker
(45)

MAKING SAME
(75)
Inventor:
(73)
Assignee: LUMETIQUE, INC., Studio City, CA

(US)
( *)
Notice:
(56)
52,231
59,839
123,917
170,158
EP
FR
Filed:
(65)
(Continued)
Prior Publication Data
Primary Examiner - Avinash Savani

Assistant Examiner - Vivek Shirsat
(74) Attorney, Agent, or Firm - ObIon, McClelland, Maier
& Neustadt, L.L.P.
Feb. 3, 2011
Continuation of application No. 101759,508, filed on

Jan. 15, 2004, now Pat. No. 8,348,662, which is a
continuation-in-part of application No. 10/300,695,
filed on Nov. 19,2002, now abandoned.
(60)
Provisional application No. 60/331,898, filed on Nov.

19,2001.
(51)
Int. Cl.
F23D3116
(2006.01)
(2006.01)
F23D3118
U.S. Cl.
CPC ........................................ F23D 3116 (2013.01)
Field of Classification Search
USPC .......................... 4311288,289,298,325,291
See application file for complete search history.
(52)
(58)
5/1990
Firewood for Your Fireplace, Warren Donnelly, pp.

17,18,25,34,35,37, 88-95, May 1974, Library of Congress Card No.
74-76012.*
Related U.S. Application Data

(63)
* 10/2002
OTHER PUBLICATIONS
Aug. 2, 2010
US 201110027737 Al
1245663
2639356
(Continued)
This patent is subject to a terminal disclaimer.
(22)
A * 111866 Walton .......................... 4311325

A * 1111866 Hoard ........................... 4311298
2/1872 Ladd
A
A
1111875 Cushing
(Continued)
Subject to any disclaimer, the term of this

patent is extended or adjusted under 35
U.S.c. 154(b) by 0 days.
Appl. No.: 12/848,543
References Cited
DayNa M. Decker, Studio City, CA

(US)
(21)
Patent No.:
US 9,261,275 B2
Date of Patent:
*Feb.16,2016
(57)
A candle having a body of a meltable fuel and a planar wick.

When lit, the candle provides a unique flame formation,
usable in a variety of decorative applications. The wick can be
configured to evenly deplete the meltable fuel, while allowing
for candles having relatively large and unique body configurations. The body of candle and/or the wick may include
scented oil to promote the release of fragrance upon heating.
The wick preferably is formed of wood, thereby providing an
acoustic contribution to ambiance and improved combustion
that generates less soot than conventional cotton wick
candles.
30 Claims, 9 Drawing Sheets
100
\
ABSTRACT
140
"
y2.
,

US 9,261,275 B2
Page 2
References Cited
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A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
S
A
A
A
A
A
A
A
A
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
1211877
111882
411883
711885
511888
1111889
711890
911890
711906
511918
1011919
811921
1111923
311926
711927
111928
211928
411930
1111931
111932
611934
911935
211938
811939
511941
711943
411945
311949
811956
1011957
611962
411963
311965
1111966
211968
411968
211969
811969
911969
211971
111972
1211972
911973
911973
511975
1211976
1211981
511983
1011984
1211985
211986
211986
711987
911987
211988
211989
611989
811989
411990
511991
1211991
911994
1111994
111996
111997
1111997
1111997
611998
611998
911998
Scott ............................. 4311325

Loper
Tisdale
Mitchell
Munger ........................ 4311325
Walters
Chapin ......................... 4311325
Walters
Hafner
Bulle ............................ 4311291
Wooster ........................ 4311291
Cooket al. .................... 4311120
Oakes ........................... 248/468
Mertens
Schmidt
Haney
Murphy
Schafer ......................... 248/468
Brown
Weindel, Jr. .................. 248/453
Arpin
Konig et al.
Haymond
Bunt et al. .................... 4311291
Storck
Alexiade ....................... 4311323
Starner
Wilson
Ciano ........................... 4311298
Hartnett
Buscemi
Palmer ............................ 211150
Fredericks .................... 422/126
Frazier, Jr.
Ambrose et aI.
Sununers
Sununers
Sununers
Sununers
Cassar
Uhl ............................... 4311291
Kunun
Schmitt et al.
Andeweg ...................... 362/161
Kelley et al. .................. 273/246
Weiss ............................ 264/255
Buzil
Ferguson
Ruzek et aI.
Schirneker .................... 4311291
Lin
Marcus et al.
Luken, Jr.
Pitchford
Brame
Kim
Martin .......................... 422/305
Taylor
Henze
Lee
Lin
Pearson
020/40
Lee
Lee
Wohl et al.
Cardosi
Banschick
Kujawski ...................... 4311289
Nokelainen
Shin et al.
5,830,245
5,846,070
5,879,153
5,967,769
6,017,373
6,033,210
6,062,847
6,063,144
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6,074,199
6,076,515
6,129,771
6,214,295
6,241,512
6,276,925
6,405,441
6,409,501
6,419,713
6,440,184
6,454,561
6,471,899
6,508,644
6,554,448
6,568,934
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200110029003
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A
A
A
A
A *
A
A *
A
A
A
A
A
Bl
Bl
Bl
Bl *
Bl
Bl
B2
Bl *
B2
Bl *
B2
Bl
B2
B2 *
B2
B2
B2 *
B2 *
Al
Al
Al
Al *
Al
Al *
Al *
Al
1111998
12/1998
3/1999
10/1999
112000
3/2000
5/2000
5/2000
5/2000
6/2000
6/2000
1012000
4/2001
6/2001
8/2001
6/2002
6/2002
7/2002
8/2002
912002
1012002
112003
4/2003
5/2003
8/2004
912004
912004
1112004
3/2005
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10/2001
1112001
212002
212002
212003
212004
212004
212005
Raddon
Kimet aI.
Slejertin
Thompson
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Pappas ............................ 431135
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Smith
Ficke
Freeman
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FR
SE
2811676
9903818
*
*
112002
5/2000
OTHER PUBLICATIONS
Swedish Patent: SE 9903818, "Outdoor Candle", Ebeling, Oct. 1999
(English Language Translation), 1-8 pages. *
Firewood for Your Fireplace; Warren Donnelly; Oct. 1974; pp.
18,25,34,35,37,84,85,88-95.
Swedish U.S. Pat. No. 9903818; English language translation; Gunnar Ebeling; May 2,2000; pp. la-7.
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* cited by examiner
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100
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FIG. 19
FIG. 20

US 9,261,275 B2
1

MAKING SAME
mately doubled from the mid-1980s to the mid-'90s. They

also reported that there had been an increase in the number of
candle recalls due to fire safety issues, including excessive
flames in gel, terra cotta and metal container candles and
various other types of wax candles. Candle sales increased
350 percent while injuries and deaths from candle related
fires increased from thirteen to forty-two percent. The candle
industry and the CPSC are currently working through ASTM
to develop the necessary consensus standards to improve
candle fire safety. The primary objective in this cooperative
effort is to reduce injuries and deaths associated with candle
fires.
Although there have not been standardized regulations set
forth for candles, testing labs such as FTIISEA and MTLACTS are actively involved in technical evaluations for
candles with the National Candle Association (NCA) and/or
ASTM. Candle bum testing involves stability, bum time,
abnormalities, smokelflaring, sputter, overflow, re-ignition,
flame height, afterglow, external surface temperature (thermocouple), direct flame impingement, pool temperature, carbon deposit and soot emissions. Given that a wick's performance affects all these areas of testing, major improvements
and focus must be directed towards advancing wick technology.
Prior candle wicks have been woven or braided for well
over the last century. Such conventional wicks are woven
from multiple fiber or filamentary yams. The most commonly
used yarn is cotton, although other natural fibers such as
rayon, nylon or hemp have also been employed. Braided
wicks are produced in various sizes, shapes and constructions
to achieve the necessary performance (flame height, wax pool
size, self-trimming) and process (stability, self-supporting)
requirements. The appropriate wick selection for a particular
candle application includes type of weave, core, size (diameter or width) and density of wick. Even though wick selection is confined to braided wicks, there are over a thousand
different types of braided wicks from which to choose. Consequently, the vast options of wicks may be a disadvantage to
manufacturers or consumers, adding additional costs and
time spent sourcing a proper wick. Ultimately, braided wicks
still have many limitations.
Limitations include the wick's aesthetic appearance, and
limited design and ambiance alternatives. Although there are
thousands of different types of wicks available, they all consist of a white or natural colored, single strand woven material. Additionally, braided wicks only emit a silent, vertical
flame.
Another limitation with braided wicks is that they do not
provide enough capillary flow to optimize the performance of
today's candles. When manufacturing a braided wick,
increasing the picks per inch will increase the density of the
wick (i.e. reduce the yield) and thereby reduce the size of
capillaries, thus reducing the potential flame height or bum
rate. Conversely, reducing the picks per inch will open the
braid and reduce the density of the wick (i.e. increase the
yield) and thereby increase the size of capillaries, thus optimizing the flame height or burn rate. However, such an
increase in yield and bum rate from conventional braided
candle wicks is limited by the fact that creating a more open
structure with large capillaries creates a less stable wick
which changes in characteristics when subjected to the tensions of the candle manufacturing process. In addition, the
smooth surface of a braid reduces the functional surface area.
The small capillaries and smooth functional surface area of
the braided wick make it more difficult to create the required
capillary flow rate in today's natural and gel waxes as well as
candles that have high amounts of additives to modifY a
CROSS REFERENCE TO RELATED

APPLICATIONS
This application is a continuation of U.S. patent application Ser. No. 101759,508, filed Jan. 15,2004, which, in tum,
is a continuation-in-part of U.S. patent application Ser. No.
10/300,695, filed Nov. 19,2002, now abandoned, the disclosures of which are incorporated herein by reference in their
entireties. This application claims priority to U.S. Provisional
Patent Application No. 60/331,898, filed Nov. 19, 2001, the
disclosure of which is incorporated herein by reference in its
entirety.
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BACKGROUND
Historically, candles served a functional purpose, but today
they are further used to enhance decoration, aroma and ambiance. References to candles date back to at least 3000 B.C. in
Crete and Egypt. Candle making as known today, began in the
13th Century. Candle molding machines were developed in
the 15th Century. The braided wick was introduced in 1825. A
continuous wicking machine was invented in 1834. Manufactured paraffin was introduced in 1850, providing an alternative to tallow. In 1854 paraffin and stearin were combined to
create stronger candles, very similar to those used today.
Through the past century, a number of "modem" technical
innovations have been introduced to improve candle performance and production. Most of the focus has been towards
advancing manufacturing methods (U.S. Pat. Nos. 3,964,858;
4,291,458; 4,830,330; 5,537,989; 5,927,965; 6,228,304),
improved wick sustainers (U.S. Pat. Nos. 3,819,342; 4,332,
548; 4,818,214; 5,690,484; 5,842,850; 5,961,318; 6,062,847;
6,454,561; 6,508,644), varying waxes formulations (U.S. Pat.
Nos. 6,066,329; 6,342,080; 6,562,085; 6,599,334), and
improving woven (i.e. braided) wick technology (U.S. Pat.
Nos. 3,940,233; 4,790,747; 5,124,200). (The entire contents
of all of the patents and other publications mentioned anywhere in this disclosure are hereby incorporated by reference
in their entireties.)
Traditionally, a candle is made up of a single or multi
combustible, porous core or wick surrounded by a fusible,
flammable solid wax or wax-like material, such as absolute or
blends of petroleum (paraffin) wax, mineral (montan) wax,
synthetic wax (polyethylene or Fischer Tropsch), natural
waxes (vegetable or animal) and clear candle waxes or "gels"
(ETPA). Prior art shows candle wicks referring to cotton or
cotton-like materials (i.e. rayon, nylon, hemp) woven, or
braided and with or without a "self-supporting" core material
such as metal, paper, cotton, polyethylene fiber or a stiffing
agent. When a candle is lit, the heat from the flame melts the
solid fuel and the resulting liquid then flows up the wick by
capillarity. This liquid is subsequently vaporized, the middle
zone of the flame is where the vapor is partially decomposed,
and the outer layer is marked by combustion of the vapor and
the emission of carbon dioxide, water and other vapors into
the atmosphere. The wick is the pivotal component for a
candle to bum. Although there have been improvements in
candle systems and wicks over the past century, there are still
complications, limitations and hazards associated with prior
wick technologies.
InAugust 1997,ASTM Subcommittee F15.45 was formed
to address candle fire safety issues and to set safety standards.
The frequency of injuries associated with candles approxi-
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US 9,261,275 B2
candle's hardness, color, bum rate and aroma (i.e. stearic

acid, UV inhibitors, polyethylene, scent oils and color pigments).
Furthermore, today's candles come in different shapes,
sizes, and types (i.e. filled, freestanding, taper, tealight and
votive), ensuing a need for advanced wick materials and
structures.
With the succession of oversized and oddly shaped candles
(opposed to the traditional cylinder shapes), larger wax pool
size and consumption are preferred. Due to wick height standardization by ASTM (i.e. three inches), braided wicks are
limited in size and density, thus resulting in limitations in wax
pool size, bum rate and consumption. For example, the
thicker a cylindrical wick is, the higher its flame height. And
flat wicks are restricted in width (i.e. {fraction (lh2))-{ fraction (l14)} inch) due to the unsupported nature of a braided
wick. Even if a "core" or stiffing agent were applied, the wick
still remains too flexible. The wider and thicker the braided
wick is the more unstable and hazardous it may be. Since the
size of the wax pool is related to the bum rate and flame
height, braided wicks typically caunot produce a large
enough wax pool to consume the majority of a larger candle
without compromising the standardized flame height. Characteristically, a braided wick can produce up to a three-inch
diameter wax pool while maintaining a three-inch flame
height.
A traditional six-inch diameter candle requires three
braided wicks to maximize consumption. This results in additional manufacturing costs, irregular wax pools and potential
hazards. For instance, when one wax pool spills into another,
the leaking wax may create unstable flame heights and wick
drowning.
Prior art shows the need to improve wick technology that
allows the wick to bum for a longer period of time and
consume more wax than existing wicking material. This was
addressed in U.S. Pat. No. 4,790,747, whose wick comprises
a single strand of tufted wire coil having a polyethylene and
wax coating. One end of the coil is turned upward into a
vertical section to form the lighting element and the other end
of the wire is wound into a circular base such that it touches
the base of the vertical section. Consequently, the wire core
technology is manufactured with braided cotton or cottonlike material, generating the same analogous performance
complications as disclosed.
One category of braided wicks is "self-trimming" or flat
wicks (i.e. wicks that curl or bend to the outside of the flame).
Although "self-trimming" wicks may reduce afterglow, they
may curl to the point where the terminal ends bend into the
wax pool or continue to curl into a spiral curl. This undesirable result can cause a self-trimming braided wick to increase
in length so as to increase the amount of wick material, or
functional surface area, above the melted wax pool, thereby
producing a continually increasing (i.e. unstable) flame
height and wax pool. Conversely, it is important that a wick
does not over-curl or bend to the point were the wick end
touches the wax pool, causing the wick to extinguish and
drown in molten wax. Consequently to re-ignite the candle,
the wick needs to be located and "dug out" since the wax may
cool and harden over the wick. The flat wicks are unsupported
and very flexible.
The alternative category of braided wicks is "self-supporting" wicks. Self-supporting wicks (i.e. "cored wicks") are
typically round in profile and use paper, cotton, metal or
polyethylene fiber material in the core of the braid to stiffen
the wick. Additionally, a stiffening agent such as wax-insoluble polymer or copolymer that depolymerizes or pyro-
lyzes may be used to support a flaccid wick. Although many

core or stiffing devices are used, braided wicks remain flexible.
Due to the flexibility in supported or unsupported woven
wicks, several hazards can occur. The majority of household
candle fires are the result of a candle wick leaning to one side
or another in filled or freestanding candles. Filled candles
with flexible wicks, particularly those enclosed in plastic or
glass containers, may overheat or contact the side of the
container, causing breakage or other damage. Additionally,
unsupported wicks may extinguish themselves, falling into
the pool of molten wax. Further, freestanding candles with an
unsupported wick may incur wax spillage due to a decentralized or irregular shaped wax pool.
Certain "self-supporting" wicks may consist of toxic core
materials. In April 2003, the Consumer Product Safety Commission (CPSC) banned the manufacture and sale of leadcored wicks and candles with lead-cored wick because they
could present a lead poisoning hazard to young children. This
ban became effective in October 2003. The federal ban
applies to all domestic and imported candles and will allow
the CPSC to seek penalties for violations of the ban. Unfortunately, it is very difficult for consumers to tell if the braided
"cored wicks" contain lead.
An additional obstacle with prior art wicks involves keeping a braided candle wick trimmed to a 114 inch length for
proper burning, as recommended by ASTM, NCA and most
candle manufacturers and testing labs. If a braided wick is not
trimmed properly, carbon balls, excessive soot emissions and
fire hazards may occur. Candle manufacturers are not
required and usually do not distribute a finished candle with a
recommended wick size of 114 inch.
Also, due to the nature of cotton-like material and especially "self-supporting" core material, a cutting device is
needed to trim the braided wick. If a wick is positioned deep
in a narrow candle jar or container, it may become difficult for
conventional scissors or cutting device to trim off the excess
long wick from the candle. Still, another problem is the difficulty to accurately measure a wick to the exact recommended {fraction (l14)} inch length.
The primary obstruction of prior candle wicks is the emanation of excessive soot developments, resulting in smoke
emission and carbon build up. Excessive soot occurs when a
candle is burning as a result of the remains of carbon particles
that have not been completely decomposed (burned) within
the candle flame. Soot will either fully combust and bum off,
released into the atmosphere as smoke, or grow into a carbon
head or ball, otherwise known as "mushrooming" or "afterglow". Furthermore, carbon heads can detach from the wick
and fall into the pool ofliquid fuel, where they accumulate. In
addition to creating a polluted looking candle, the liquid fuel
may combust, thereby igniting the carbon heads, which
become hot enough to vaporize and re-ignite resulting in
"flashover." In freestanding candles, the carbon heads may
heat up the wax and bum through the sides and bottom of the
candle causing severe damage and fire hazards. In addition,
the development of carbon heads (i.e. "afterglow") causes the
emission of unwanted smoke or toxic fumes to linger for
several minutes after being extinguished.
As a result of an increase in safety requirements and environmental issues, a Smoke Test Method Task Group, formed
by ASTM, developed a method to assess the propensity of a
candle to smoke. Candle manufacturers and testing labs can
use a simple test to measure the smoke from a candle while it
is burning that allows them to improve the performance of
that candle. The standard test method was recently balloted in
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US 9,261,275 B2
January 2003, and the task group will continue to work

toward a final standard based on the ballot results.
In today's candles a wick sustainer is primarily used to
provide lateral support to a wick in a candle to hold the wick
in place during pouring of the wax -like material in a container
or mold or to laterally support the wick when the hardened
wax liquefies, no longer supporting the braided wick. During
the manufacturing of filled candles the wick is usually centrally positioned in the bottom of a container with an adhesive
to seal the wick sustainer to the bottom. Many wick sustainers
are difficult though to position centrally. Additionally, many
wick sustainers are made of materials that are not heat resistant or have "self-extinguish" qualities resulting in the overheating of glass causing severe damage, such as by fracturing
or cracking. Furthermore, the design of a wick sustain can
either amplify or reduce the risk of "flashover." A variety of
wick holders for braided wick technology have been designed
over the past decade or so to reduce fire hazards and increase
safety. See, e.g., U.S. Pat. Nos. 1,226,850; 1,267,968; 1,309,
545; 1,320,109; 1,344,446; 1,505,092; 2,291,067; 2,324,753;
3,462,235; 3,998,922; and 4,381,914.
It is known in the art to manufacture "freestanding" candles
by molding, and wherein a candle body is molded by casting
the wax in a mold having a wick inserted therein. Maintaining
the wicks centrally in the mold during such operation is a
rather difficult procedure, due to the flexibility of braided
wicks. For example, as molten wax cools, it shrinks, causing
wick repositioning, which increases the risk of wax spillage
as the candle burns.
tribution, tree and wood characteristics, including weight,

gravity, drying and shrinkage, durability, preservation and
toxicity. Wood species are broken down into hardwoods, softwood and tropical woods. There are over 160,000 hardwoods
and over 100,000 softwoods available. If anatomical elements are large and irregular, the wood is described as having
coarse and uneven texture. If these same features are small
and evenly distributed, the texture is fine and uniform. Grain
defines the arrangement or alignment of wood tissue; straight,
spiral or interlocked. The durability, decay and drying and
shrinkage qualities will also effect a wick's function.
The key factors in detennining an ideal wood species for
the use in a candle embodiment include: a fine to medium,
unifonn texture for a consistent burn; a generally straight and
even, vertical grain; resistance to decay; durability (i.e. minimal shifting due to environmental or climate changes); little
tendency to split; shock resistance; strong and stable.
The key factors in determining a wood species for the use
in scent dispensing applications, such as for air fresheners and
perfume delivery applications include resistance to decay;
minimal shrinkage; strong and stable, permeable; and distinctive scents.
In a detailed aspect of a preferred embodiment of the invention' the wick is formed of wood selected from a group
consisting of poplar, cherry, maple, wenge, oak, rosewood,
and bamboo. The wood can have a moisture content of less
than about six percent, or alternatively and preferably
between ten and twelve percent. This wick is thereby comprised of a more rigid, viscous material that can produce a
larger wax pool and longer burn rate without compromising
the flame height.
According to another definition of the present invention a
candle having a body of meltable fuel and a planar wick is
provided. The wick can be made of wood, semi-wood or
wood-like material. The wood can be selected from hardwood, softwood or tropical woods preferably with straight,
vertical grains; fine to medium and unifonn in texture;
medinm density; moderate to light weight; low shrinkage;
excellent strength and stability and resistant to splitting. The
semi -wood may be wood combined with cotton or cotton -like
material and wood or wood bonded together with natural
adhesives or resins, such as particle board. The wood-like
material can be any material natural or manmade lamina,
replicating rigid, solid sheet-like material, made from materials such as trees, shrubs, leaves and plant tissue and bark.
The woodlike material consists largely of cellulose and lignin
with vertical, straight grains and a unifonn texture.
The fibrous rigidity of the wick of the present invention
provides centralized wax pools, safe burning candles, and no
wick drowning or wick bending. The wick is continuously
stable while the candle burns and does not lean while the
candle is being manufactured.
The wick can be bleached, dyed or printed on such as by
printing a message or decorative pattern on the flat surface
thereof.
The planar wood, semi-wood, wood-like wick may be
dipped or coated with a wax to seal the wick from obstructive
elements (i.e. fragrance, dyes, acids, oils or other agents) that
may affect the capillary flow, therefore allowing the wick to
burn more efficiently and consistently.
The absorbent wood material of the wick can be adapted to
be used as wicks in a variety of applications. For example,
porosity of the longitudinal exterior surface of a wick can be
highly desirable in scent dispensing applications, such as for
air fresheners and perfume delivery applications. The length
of the wick exposed to air may be controlled to regulate the
rate of scent release.
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SUMMARY
Directed to overcoming the foregoing and other shortcomings and drawbacks of candle wicks and systems heretofore
known, the present invention embodies a planar wick and the
method and equipment to produce the same. In preferred
forms, the present invention includes wood, wood-like or
semi-wood wicks that provide improved capillary flow as
well as increase the functional surface area. This candle wick
provides additional decoration and an acoustic release. In
accordance with principles of the present invention, a candle
wick is provided which is particularly designed to burn efficiently in a candle system without producing undesirable
smoke and carbon heading. In addition, the wicks are capable
of creating a more stable and unifonn wax pool diameter. The
candle wick is designed to change the physical shape of the
flame to thereby provide maximum burning efficiency.
Candles of the present invention provide a safer, cleaner
burning, decorative, multi-sensory alternative to the prior
wick technology.
The present invention provides a candle having a body of a
meltable fuel and a planar wick. The meltable fuel can be
vegetable-based, paraffin, beeswax, carnauba, candelillia,
polymers, polyolesters or other "fuels" as would be apparent
to those skilled in the art from this disclosure. When the wick
is lit, the candle provides a unique flame formation, usable in
a variety of decorative applications. The wick can be configured to evenly deplete the meltable fuel, while allowing for
candles having relatively large and unique body configurations. Optionally, the body of candle and/or the wick may
include scented oil to promote the release of fragrance upon
heating and the wick may comprise wood, thereby providing
an acoustic contribution to ambiance, improved combustion
that generates less soot than conventional candles.
It is recognized in the analysis of wood that a species or
genus or a complete botanical affinity or family name is given.
Each species is typically described in tenns of its trade, dis-
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US 9,261,275 B2
The wick provides an acoustic crackling sound and

depending on the combined fuel may emit more or less acoustic sound, as may be desired. Also, the species of wood and
amount of viscous sticky substance (i.e. gum or resin) affects
the volume of the sound; for example, the Rosaceae family of
woods, emit a more acoustic crackling sound due to the
integrated gum pockets in the wood.
The wick of the present invention advantageously bums
cleanly without producing carbon heads, mushrooming or
after glow. Due to the lack of carbon buildup, the wick when
extinguished discontinues releasing soot within a minute of
being extinguished. (In contrast, today's candles continue to
release soot for approximately thirty seconds to five minutes.)
The wick can be trimmed by breaking the bum wick material off with fingers or a cutting device. Typically, the height
of the wick above the wax is Ijs to {fraction (3.!t6)} inch. It is
easier than braided wicks to trim and determine the correct
height. The preferred height of the wick when the candle is
manufactured and sold is Ijs to {fraction (3/16)} inch above the
wax. The wick holder raises the wick Ijs to {fraction (3.!t6)}
inch, thus, extending the wick that distance above the wax for
proper burning.
The wick can be Ijs to twenty inches in width depending on
the size of the candle container or desired size of the freestanding candle. The height correlates to the size of the
candle. The wick can be flat or curved vertically.
The wick thickness is determined by the type of wax;
vegetable base waxes tend to need thicker wicks compared to
petroleum based which is more incendiary. The width is
determined by the size of the container verses the thermal
flow. For example, a 3fs inch width wick is typically placed in
a three inch diameter petroleum-based pillar, whereas a {fraction (5.!t6)} inch width wick is placed in a three inch vegetablebased pillar. A four inch round glass container may use a Ih
inch width wick with paraffin wax while the same container
with vegetable wax may use a {fraction (Sfs)} inch width
wick.
The present invention wick bums cooler thus causing a
longer bum rate, lower external temperature and lower container temperature. This is because the emissions of carbon
dioxide, water and other vapors are released and burn up
causing cleaner combustion. Since the wick extends horizontally, the candle can consume more wax than a single wick
than prior art candles, thereby causing longer burn rate and a
larger wax pool.
The wick can be manufactured by cutting a log vertically
from 0.019 to 0.30 inch and then laser or die cutting to an
exact size for the desired candle system. Alternatively, the
wick can be wood or woodlike particulars or particulated
adhered or bonded together with a bonding material, pressed
and cut to size. The candle can have a wick sustainer or holder,
and the candle can be made of a fuel capable of melting to
form a liquid pool and traveling by capillary action to a flame
burning on the wick.
The wood may be from a family of hardwoods, softwood or
tropical woods. The preferred wood qualities are: fine to
medium, uniform texture, straight, even vertical grain, high to
medium density and strength, light to medium weight and
shock and split resistant. Preferred wood species or genus
include but are not limited to: Adler, Cedar, Cherry, Cypress,
Poplar, Silverbell, Spruce, Rimo, and Pillarwood. Cherry and
Poplar are the most abundant and commercially available in
the United States. Additional preferred species or genus of
wood include: Aspen, Basswood, Beech, Birch, Hard Maple,
Pacific Yew, Pine and Witch Hazel, due to their fine to
medium, uniform texture; and straight, vertical grain as listed

above, although these wood families tend to be heavier,
denser and softer.
The present invention further relates generally to the field
of candle making and in particular to a new and useful sustainer for a planar wick which extinguishes the candle flame
and inhibits combustion of residual candle fuel in a container
or freestanding for the candle at the end of the candle useful
life. The present invention thus advantageously provides for a
stable wick construction that improves candle safety and performance by centering the wick and remaining upright.
In another detailed aspect of a preferred embodiment of the
invention, the candle further includes a wick holder having a
base and a support for receiving the planar wick. Optionally,
the wick holder is configured to hold a planar wick upright
independent of the body.
In a method of manufacture, a planar wick supported by a
wick holder is positioned within a mold and, thereafter, material of the body is poured into the mold. Once the material
sets, the candle can be removed from the mold.
The wick holder can comprise a body having a top surface,
bottom surface, a pair of upper walls connected to the top and
bottom surfaces and a planer bore for receiving the wick
passing through the two upper walls. A barrier extends horizontally through the side walls. And the barrier and body are
made from noncombustible materials. The upper walls are
preferably at least a half inch in height above the bottom of the
candle. The raised wick holder is preferably the central position through the body for receiving a wick. The body is
preferably {fraction (1.!t6)} to {fraction (1/s)} inch but it may
be cylindrical, pyramid shapes, cube shaped or conical. The
diameter is in direct correlation to the size of the diameter of
the bottom of the candle or candle holder/container. This
keeps the wick always centrally located.
The wick holder of the present invention differs from prior
art wick holders in the following ways: it is designed to center
and hold upright a planar wick, and it is easily inserted into a
slit, between two flat walls which hold the wick upright.
There is a centering line on the wick sustain to center the
wick.
Another invention disclosed herein thus relates to a flame
retardant wick holder and anti-flash wick support for a candle
wick in a candle to additionally minimize the risk of flashover.
Using a wick sustain to elevate the exposed portion of the
bottom end of a wick from a supporting surface cuts the wick
off from the fuel pool once the pool level drops below that
portion of the wick, thereby extinguishing the candle and
retaining a fuel pool on the supporting surface. This insures
that a minimum melt pool remains throughout the lifetime of
the candle, and also helps to keep extraneous material away
from the flame. In other words, in addition to extinguishing
the candle, elevating the wick also separates the primary
flame from the extraneous material in the fuel pool as the pool
lowers.
The wick holder or sustain can be made from polymers or
ceramics and preferably polyethersulfone (PES) with a thickness of {fraction (%2)} inch and which is noncombustible and
intumescent when heated, to assist in self-extinguishing and
reducing the heat transferred from the wick sustain to the
supporting surface.
The candle can be manufactured by positioning an elongate member in a desired wick location in a candle mold. The
elongate member has the same width and thickness dimensions as the wick to be used. With the elongate member in
position the molten wax is poured into the mold around the
member. The wax is allowed to solidifY and the member then
pulled out, leaving (or forming) an elongate slot centered in
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US 9,261,275 B2
10
the wax. The thin planar, substantial rigid wood or wood

product wick is then inserted into the straight slot. The end of
the wick is inserted into the retaining slot of a wick sustain
device press fit into the bottom surface of the candle.
To manufacture a candle, a centering device of the present
invention for planar wicks provides an improved apparatus
and method for preparing and installing wicking in freestanding candle bodies and comprises in its preferred
arrangement a station for forming a passageway in a formed
candle body to maintain the wick centrally in the mold during
such operation. The centering device can be manufactured in
metal, polymers or ceramic, preferably polyethersulfane
(PES) with a thickness of {fraction (Ih2)} inch or applied to
and included in these mold compounds polyvinyl chloride,
latex systems, silicon rubber systems, polysulfide rubber systems and polyurethane flexible mold compounds.
Other objects and advantages of the present invention will
become more apparent to those persons having ordinary skill
in the art to which the present invention pertains from the
foregoing description taken in conjunction with the accompanying drawings.

according to the present invention.
DETAILED DESCRIPTION OF EXEMPLARY
EMBODIMENTS
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BRIEF DESCRIPTION OF THE DRAWINGS

25
Amore complete appreciation of the invention and many of

the attendant advantages thereof will be readily obtained as
the same becomes better understood by reference to the following detailed description when considered in connection
with the accompanying drawings, wherein:
FIG. 1 is a perspective view of a candle in accordance with
the present invention, the candle having a planar wick;
FIG. 2 is a cross-section view taken on line 2-2 of FIG. 1,
the candle having a wick holder;
FIG. 3 is a plan view of the wick holder of the candle of
FIG. 1;
FIG. 4 is a cross-sectional view of another preferred
embodiment of a candle in accordance with the invention,
depicting a body having zones of different melting points;
FIG. 5 is a perspective view of another preferred embodiment of a candle in accordance with the invention, depicting
a body having an asymmetric configuration;
FIG. 6 is an exploded view showing candle-making equipment of the present invention;
FIG. 7 is a front view of an alternative holding device of the
FIG. 8 shows a first process step using the assembled
FIG. 9 shows a second process step of the present invention;
FIG. 10 is an enlarged sectional view showing the wick
sustain device of FIG. 9 in position in the candle;
FIG. 11 is a perspective view of the wick sustain device of
FIGS. 9 and 10 illustrated in isolation;
FIG. 12 is a top view thereof;
FIG. 13 is a side view thereof;
FIG. 14 is a bottom view thereof;
FIG. 15 is a cross-sectional view taken on line 15-15 of
FIG. 12;
according to the present invention;
candle according to the present invention; and
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With reference to the illustrative drawings, and particularly

to FIG. 1, there is shown a candle shown generally at 100
having a body 120 of a meltable fuel and a planar wick 140.
When lit, the candle 100 provides a unique flame formation
usable in a variety of decorative applications. Optionally, the
candle body 120 andlorthe wick 140 may include scented oil
to promote the release of fragrance upon heating, may be
bleached, dyed or printed on for decor, and can be configured
to provide an acoustic contribution to ambiance.
The material and thickness of the wick 140 are selected to
promote the candle's functionality as well as the candle's
contributions to ambiance. In a presently preferred embodiment, the wick 140 is made of wood, semi-wood or wood -like
material and, when lit, provides a pleasant crackling sound
and bums more thoroughly with less carbon heading and
sooting than conventional wicks. Processed wood materials
such as particleboard and fiberboard may also be used. Overall, woods having relatively straight, condensed grains and
without checking make effective wicks. In contrast to traditional wicks, which require periodic trimming, maintenance
of wood wicks can be performed with or without any tools.
Rather, burned edges of wood wicks can be removed with the
user's fingers, before relighting.
Empirical testing has shown that woods such as poplar,
cherry, maple, wenge, oak, rosewood, and bamboo are effective with both paraffin-based and vegetable oil-based waxes,
and are effective when used in conjunction with waxes having
melting points between one hundred and ten degrees and one
hundred and ninety degrees Fahrenheit. For example, a wick
formed of cherry wood having a thickness between {fraction
(1fS3)} inch and {fraction (1fs)} inch, used in a body of a
paraffin or vegetable oil-based wax provides an even bum and
a pleasant crackling sound. Hard non-brittle, tight grain
woods work best. And cherry is preferred over other species
of wood for some applications because its higher oil content
gives it more of a desirable crackling sound when burning.
Although testing has shown that some woods, such as walnut,
ash, birch, pearwood, sapele, pommele, zebrawood, lacewood, mahogany, pine, teak, ebony, and various burls, are not
as effective, these woods are still within the scope of the
invention. Woods having a moisture level of less than about
six percent have been found to work, but moisture contents of
between ten and twelve percent are preferred.
The wick 140 can have thicknesses of 0.019-0.028 inch,
and widths of Ijs to three inches are the safest. The wick height
depends on the candle height and for example can be Ih inch
to six feet. Wick dimensions can relate to the type of wax
used. While wicks for paraffin candles will be thinner and
narrower (approximately 0.019-0.023 inch), wicks for vegetable-based waxes will be thicker (approximately 0.0230.028 inch). Palm and soy are the main components ofvegetable-based waxes. It is also within the scope of the invention
to use a paraffin-vegetable-based wax mixture. The wax, fragrance and dye used can all affect the desired wick dimensions. However, as an example for a three-inch diameter
candle, a 3fs-{ fraction (Sfs)} inch wide wick can be used.
One way of forming the wood wicks is to have traditional
manufacturers of wood veneers for doors, windows and the
like, cut the veneers in a certain way. They are then die cut to
a specific size, and pressed and dried as needed, since if the

US 9,261,275 B2
11
12
wood wick is too moist it may not produce a consistent flame.

A moisture content of eight to twenty percent is preferred.
Cotton or cotton-like materials can be incorporated into the
wood wick construction. An exemplary wick SOO, as shown in
FIG. 16, is prepared by sandwiching a piece of cotton S03
between the sheets of wood SOl, S05 and sealing the sandwiched construction with wax. Another example is to make a
wood particle/powder fiberboard with small bits of cotton
incorporated therein.
With continued reference to FIG. 1, the wick 140 is generally straight, as viewed from above the candle and is relatively thin and pliable. In other embodiments, the wick 140
may be configured in various shapes, bent or straight, as
desired and shown in FIGS. 17 and IS. For instance, the wick
can be configured, in any decorative shape as viewed from the
top, such as an arc, circle, square, triangle, heart, or an alphanumeric shape (e.g., as shown in FIGS. 17 and IS). Also, the
size and shape of the wick are selected to provide even depletion of the meltable material throughout the life of the candle
100, even for unique body configurations (see FIG. 5). For
example, the wick of a free-standing candle is sized to create
a pool of wax that reaches within Ijs to {fraction (1h)} inch
from the edge of the body 120. Beneficially, the planar wick
140 allows for a larger candle that depletes evenly. As shown
in FIG. 19, each candle 100 can have one or more wicks 120
configured in the shape of a sheet. Optionally, the wick 140
can be soaked in scented oil to promote the release of fragrance when burning, or can be bleached, dyed and printed on
(as shown in FIG. 20) for decor.
Referring now to FIGS. 2 and 3, the candle 100 further
includes a wick holder 160 that aids both in the manufacture
and use of the candle. The wick holder has a base ISO and a
support 200 for receiving the wick. The wick holder can be
configured to hold a wood wick upright independent of the
body 120. In this embodiment, the base ISO has a width WI of
about 0.05 inch and the support 200 has a width W2 of about
0.09 inch. The support defines a spacing 220 of about 0.02
inch for receiving the wick.
With reference now to FIG. 4, the body 120 can be formed
to have regions with different melting points. In this embodiment, the body has an inner core 220 of a first melting point
and an outer core 240 of a second melting point. The inner
core melting point may be in the region of two hundred to two
hundred and forty degrees Fahrenheit, and the external region
melting point may be between one hundred and twenty and
one hnndred and sixty degrees Fahrenheit. Although, the
preferred melting point of inner core is between one hundred
and forty to one hundred and sixty degrees Fahrenheit and the
outer core is between one hnndred and twenty-five and one
hundred and thirty-five degrees Fahrenheit. This may avoid
the external appearance of cracks in the candle. In a preferred
embodiment, the inner core 220 has a width W of at least 1.5
inches to ensure that the heat of the wick 120 does not promote the fast melting of the external region 140. The external
region may have a thickness of at least one inch.
The wick 120 should be positioned accurately in the
desired location. If it leans to one side on the other as can
occur by the tension of the cooling wax, the candle 100 will
bum unevenly. To ensure an accurate positioning of the wick
120, nnique equipment and manufacturing method have been
developed. And the equipment and method can best be understood from FIGS. 6-10, and the discussion below.
Referring thereto it is seen that a centering device 300 is
provided which centers an elongate member 320, a flat metal,
ceramic or plastic rod, in the candle mold 340. More specifically, the holding device, piece 360 is snap fit via a button in
the middle of the centering arms (or wings) 3S0 to form the
centering device 300. The elongate member 320 is inserted

down into the holding device 360 and held in place by its
resilient fingers 300. The fingers 3S0 can accommodate elongate members (and thus subsequently wicks) of different
widths. An alternative holding device construction is shown
in FIG. 7 generally at 400.
On bottom surfaces of the centering arms are a plurality of
protrusions, 420 having the same size and spacing on both
sides. The protrusions define grooves 440 for fitting onto the
rims 460 of molds 346, as can be seen in FIG. S. The different
spaced grooves 440 allow the centering device 300 to be
placed on molds 340 of different diameters and still accurately hold and center the elongate member 320 in the mold.
With the centering device 300 in place on the mold 340 and
the elongate member (flat rod) 320 centered in the mold as
shown in FIG. S, the desired amount of molten wax 4S0 is
poured into the metal or polyethylene mold 340 around the
elongate member 320. The wax 4S0 is allowed to solidifY
(which can typically take at least two hours to solidify in a
small candle and up to twenty-four hours in a large candle,
depending on the type of wax and wax ingredients), and the
elongate member 320 pulled out to define a slot 500 in the
solidified wax 520, as illustrated in FIG. 9, where the wax is
shown removed from the mold. The wick 540 (140) can be
dipped or coated with wax before being inserted into the slot
500. This seals the wick 540 so that the dyes and fragrances of
the candle wax 540 will not be absorbed into the (porous)
wick.
A wick sustain device 600 is press fit into the bottom of the
candle with the slot 620 thereof aligned with the candle slot
500 and a label (not shown) can be applied to the candle
bottom over the bottom of the wick sustain device 600. The
("planar wick") wick 540 is inserted into the slot 500 in the
wax down into the slot 620 of the wick sustain device 600, as
illustrated in FIG. 10. The wick 540 is thereby consistently
straight and accurately positioned. When the candle burns
down to a short height, the wick sustain device 600 holds the
wick 540 up. The wick 540 should initially extend up between
{fraction (1;16)} to {fraction (1f4)} inch, and preferably I/S or
{fraction (3/16)} inch, above the top surface of the candle. If it
is too tall, the flame is too high. If it is too short, it is difficult
to light. When relighting it, the burnt ash should be removed
by hand so that the wood wick 150 extends up about {fraction
(3/16)} inch.
The wick sustain device 600 is shown in isolation in FIGS.
11-15. It is seen to include a round base member 640 and
structure 660 secured thereto and defining the upwardly facing wick-receiving slot 620. The structure is essentially two
spaced plates 6S0, 700, one taller than the other so that the
wick is easier to install and is held straight upright. The slot
620 is 0.5 inch long, 1.5 inch wide, andO.35 inch deep, but not
limited to these proportions or dimensions. The base member
640 can have a diameter of two inches.
With the wick 540 in place, a finishing step-a topping
off---can be conducted. Additional wax can be poured on top
of the candle and a heat gun used to smooth it out and put a
glaze on it.
Standard cotton wick candles have a tall flame height and a
small pool size. So for larger candles, more cotton wicks are
used for a single candle. This creates inconsistent wax pool
and flame height and does not efficiently use the candle. Thus,
with the present invention a single longer wick 540 (e.g., 11/4
inches for a six inch candle), with a safe flame height, can be
used. Due to a cooler bum the candle lasts longer.
It should be appreciated from the foregoing description
that the present invention provides candles usable in a variety
of decorative applications and having nnique flame forma-
10
15
20
25
30
35
40
45
50
55
60
65

US 9,261,275 B2
13
14
tions. Optionally, the candle may include scented oil to promote the release of fragrance upon heating and the wick can
be made of wood, semi-wood or wood-like material with a
straight, vertical grain to provide an acoustic contribution to
ambiance when lit. The present invention thus provides a
candle having improved combustion, that provides a unique
flame formation, that has a wick that is safer, remains rigid
throughout its use, improves combustion and that makes an
acoustic contribution to ambiance.
From the foregoing detailed description, it will be evident
that there are a number of changes, adaptations and modifi~ations of the present invention which come within the provmce of those skilled in the art. The scope of the invention
includes any combination of the elements from the different
species or embodiments disclosed herein, as well as subassemblies, assemblies, and methods thereof. However, it is
intended that all such variations not departing from the spirit
of the invention be considered as within the scope thereof.
The invention claimed is:
1. A candle, comprising:
a solid planar wick;
a body of meltable fuel; and
a wick holder;
wherein:
the wick holder comprises:
a planar base member having a top surface and a bottom
surface; and
two separate substantially vertical plates extending from
the top surface of the planar base, the vertical plates
being spaced apart to accommodate the solid planar
wick;
the solid planar wick is held in an upright position by the
wick holder;
a portion of the solid planar wick extends above a top
surface of the body of meltable fuel;
an entirety of the wick holder is below the top surface the
body of meltable fuel;
the solid planar wick has a height dimension, a width
dimension, and a thickness dimension'
the height dimension is greater than the ~idth dimension
and extends from a base of the candle to a top surface of
the body of meltable fuel;
the width dimension is greater than the thickness dimension;
the solid planar wick comprises cellulose and lignin;
the solid planar wick comprises generally straight grains
extending substantially in the height dimension; and
the candle emits an acoustic crackling sound when lit.
2. The candle of claim 1, wherein the solid planar wick
comprises at least one fibrous material.
3. The candle of claim 2, wherein the at least one fibrous
material comprises cotton.
4. The candle of claim 1, wherein the solid planar wick has
a moisture content of from 6 to 8 percent.
comprises:
a sheet of a material selected from the group consisting of
wood, wood product, a semi-wood composition, and a
wood-like material; and
a flat piece of cotton.
6. The candle of claim 1, wherein the meltable fuel comprises at least one member selected from the group consisting
of beeswax, camauba wax, candelilla wax and vegetablebased waxes.
7. The candle of claim 1, wherein the meltable fuel comprises at least one member selected from the group consisting
of petroleum-based waxes and synthetic waxes.
8. The candle of claim 1, wherein the meltable fuel comprises at least one additional component selected from the
group consisting of fragrances and dyes.
extends above the body of meltable fuel in an amount of from
1;16 to Ij4 inches.
extends above the body of meltable fuel in an amount of from
Ij8 to 3/16 inches.
11. The candle of claim 1, wherein the solid planar wick is
coated with wax.
has been subjected to at least one treatment selected from the
group consisting of bleaching, dyeing and printing.
13. The candle of claim 1, comprising multiple solid planar
wicks.
comprises a curved portion when viewed from above.
planar wicks differ in dimension.
c~nfigured so that, when viewed from above, the solid planar
wIck has a shape selected from an arc, a circle, a square, a
triangle, a heart, and an alphanumeric shape.
configured so that, when viewed from above, the solid planar
wick has a circle shape.
c~nfigured so that, when viewed from above, the solid planar
wIck has a C-shape.
wick has an O-shape.
wick has an X-shape.
wick has aT-shape.
wick has a V-shape.
comprises wood or wood particles that have been adhered
'
bonded, or pressed together.
24. The candle of claim 1, wherein the wick comprises
wood, semi-wood, or a wood-like material.
comprises a fiberboard material.
comprises two planar members.
comprises two members adhered together.
comprises three planar members.
29. The candle of claim 13, comprising multiple solid
planar wicks that comprise multiple layers.
comprises semi-wood that may be wood combined with cotton or cotton-like material.
10
15
20
25
30
35
40
45
50
55
60
* * * * *
EXHIBIT D
EXHIBIT E
EXHIBIT F
5/27/2016
Case 1:16-cv-00459-UNA DocumentOurOriginalWoodenWicks

1-6 Filed 06/17/16 Page 2 of 4 PageID #: 105
Home
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OurWicks
OriginalWicks
Voted#1NEWUltimateWoodenWick
WarehouseClearance
ContactUs
DirectFromTheManufacturer,TheorginalWoodenWick
WoodenWicksSinglePly...
Thiswickisusedinsoy&pariffinblendedwaxes.Ifhighlevelsofsoyorpalmareused,pleaseuseourdoubleplywicks.These
aresizerecommendationsonly.Alwaystestinyourwaxformulation.
THEBENCHMARKOFAWOODENWICKSUSTAINER!
Ourcustomdesignsustainers...
Easytouse,substantialweighttoholdanysizewoodenwick.
Selfextinguishing,StainlessSteeltopreventanywaxdiscoloration..
***Internationalshippingfeesnotincluded.
12Pieces
$.90
100Pieces
$7.00
1000Pieces
$55.00
ClicktoViewLargeImage!
SWW131/4"Lx1/4"W
Usedinvotives&smallcandles..
1Dozen
$2.15per
dozen
10Dozen
$1.75per
dozen
100Dozen
$1.50per
dozen
http://www.unitywoodenwicks.com/original_wicks.html
1/3
5/27/2016

SWW251/4"Lx3/8"W
Usethiswickinsmallcandles&tins..
1Dozen
$2.15per
dozen
10Dozen
$1.75per
dozen
100Dozen
$1.50per
dozen
SWW351/4"Lx1/2"W
Usethiswickinsmallcandles&tins..
1Dozen
$2.15per
dozen
10Dozen
$1.75per
dozen
100Dozen
$1.50per
dozen
SWW451/4"Lx5/8"W
Usethiswickin3"4"containers..
1Dozen
$2.15per
dozen
10Dozen
$1.75per
dozen
100Dozen
$1.50per
dozen
SWW551/4"Lx3/4"W
Usethiswickinlargercontainers..
1Dozen
$2.15per
dozen
10Dozen
$1.75per
dozen
2/3
5/27/2016

100Dozen
$1.50per
dozen
SWW651/4"Lx7/8"W
Usethiswickinlargeoroddshapedcontainers..
1Dozen
$2.15per
dozen
10Dozen
$1.75per
dozen
100Dozen
$1.50per
dozen
CustomWicks...
Pleasecontactusforyourcustomwicksneeds.Ourdesignteamwillworkwithyoutodesigntheperfectwickforyourcandle
product.Pricequotesarebasedonquantity&size.
Home
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OriginalWicks
WarehouseClearance
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2016DreamWick,Inc.AllRightsReserved
DevelopedandDesignedby:D.R.P.
3/3
EXHIBIT G
5/27/2016
UnityWoodenWicks
Case 1:16-cv-00459-UNA Document 1-7
Filed 06/17/16 Page 2 of 4 PageID #: 109
Home
AboutUs
OurWicks
OriginalWicks
WarehouseClearance
ContactUs
THENUMBER#1SELLINGWOODENWICK...
Addatouchofelegancetoyourcandleswiththisuniqueburningexperience.Thiswickwillincreasethe
perceivedvalueofyourcandles.
SAMEPERFORMANCENEWLOOKENHANCEDGRAIN
Our new "Soft Wood Series" wooden wicks are very easy to use. This is the perfect wooden wick complete with the custom
tabs.Tabsthewickspriortoplacinginwax.Meltwax,pourintocontainer.Wehavefoundthattheamountofcrackledirectly
relates to the amount of color and fragrance that is added to the candle. Perfect in soy wax. We have found with fragrance
levels between 68% produces the best crackle. Let wax start to get slushy (solidify on the bottom) center wick into wax
.That'sIt!Treatedwithaclean,patentedburningagenttogiveyoutheultimateperformanceinanallnaturalwoodenwick.
Note:Letthecandlessetovernighttocurethewickbeforeburning. Also recommended for use with gel wax, vegetable wax
andmostparaffin.
THEBENCHMARKOFAWOODENWICKSUSTAINER!
Ourcustomdesignsustainers...
Easytouse,substantialweighttoholdanysizewoodwick.
Selfextinguishing,StainlessSteeltopreventanywaxdiscoloration.
12Pieces
$.90
100Pieces
$7.00
1000Pieces
$55.00
XLargeSoftWoodWoodenWicks51/4"Lx3/4"W
Usethiswickfor4"containersorlarger,PureSoyWax,PalmWax..
1Pack(12Wicks)
$6.25
http://www.unitywoodenwicks.com/wicks.html
$0.520Each
1/3
5/27/2016
UnityWoodenWicks
4Pack(48Wicks)
$22.50
$0.468Each
10Pack(120Wicks)
$48.00
$0.4Each
40Pack(480Wicks)
$179.00 $0.372Each
LargeSoftWoodWoodenWicks51/4"Lx1/2"W
Usethiswickforupto33/4"containers,SoyWaxBlend,Parrifins..
1Pack(12Wicks)
$5.75
$0.479Each
4Pack(48Wicks)
$22.00
$0.458Each
10Pack(120Wicks)
$47.50
$0.395Each
40Pack(480Wicks)
$178.50 $0.372Each
MediumSoftWoodWoodenWicks51/4"Lx3/8"W
Usethiswickfor21/2to3"containers.
SoyWaxBlend,Parrifins.Canalsobeusedinmostpillarsizes..
1Pack(12Wicks)
$5.75
$0.479Each
4Pack(48Wicks)
$22.00
$0.458Each
10Pack(120Wicks)
$47.50
$0.395Each
40Pack(480Wicks)
$178.50 $0.372Each
SmallSoftWoodWoodenWicks31/2"Lx1/4"W
Usethiswickfor,smallcontainercandles,Votives,Tins..
1Pack(12Wicks)
$5.75
$0.479Each
4Pack(48Wicks)
$22.00
$0.458Each
10Pack(120Wicks)
$47.50
$0.395Each
40Pack(480Wicks)
$178.50 $0.372Each
2/3
5/27/2016
UnityWoodenWicks
CustomWicks...
Pleasecontactusforyourcustomwicksneeds.Ourdesignteamwillworkwithyoutodesigntheperfectwickforyourcandle
product.Pricequotesarebasedonquantity&size.
Home
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OriginalWicks
WarehouseClearance
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3/3
EXHIBIT H
5/27/2016
WelcometoUnityWoodenWicks
Case 1:16-cv-00459-UNA Document
Home
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OurWicks
OriginalWicks
WarehouseClearance
ContactUs
ThebestsellingcandlesarecandleswiththeWoodenWick.
OurWicksAreManufactured,Shipped&ProtectedUndertheFollowingUSPatents:USD663450USD669615
USD708777US8708694D715989
Increaseyourcandlesales&gainrealestatewithcurrentretailers.Directfromthemanufacturerofpatentedwoodenwicks.
Whatifyouweretoldthereisawaytocombinethemystiqueofacandlewiththesoundsandsmellsofwoodcracklinginan
open fire? Does that sound too good to be true? This is exactly what you can do as soon as you start burning wood wick
candles.
Whenyouwanttouptheimpactofwoodenwickcandles,youcanaddscentsintothemix.Whileyoualreadyhave
thescentofburningwoodcomingfromthecandle,andformanypeoplethatisenough,ifthecandleitselfis
scented,thatwilladdanotherlayerofscent.Bychoosingascentthatbringsbackmemoriesorotherfavorite
scents,itcanbeacompletetreatforyourolfactorysenses.
Homeofthefinestallnaturalwoodenwicksavailable.
WestartwithselectedwoodintheUSA,cuttoourstandardsize&pressureprocessforthreedays,theendresultis
asuperiorburningwick.Ourwicksaredesignedtoofferoutstandingperformanceburningcleanwithexcellent
meltingpools&greatfragrancethrow.
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http://www.unitywoodenwicks.com/index.html
1/1
EXHIBIT I
EXHIBIT J
EXHIBIT K
ufficio brevetti
pedrini e benedeni
Pietro Pedrini
consulente in proprieta industriale,
mandatario accreditato presso
l'Ufficio Brevetti Europeo,
A. I. PPI
Messrs
ObIon, McClelland,
Maier & Neustadt, LLP
1940 Duke Street
Alexandria, VA 22314, USA
Gianluca Benedetti
awocato, consulente in proprieta industriale,
A. I. P.PI
Mariachiara Pesturini
awocato, consulente in proprieta industriale
sezione marchi
>
Pesaro, February the 22nd, 2016
Cereria Terenzi Evelino wooden wick canadels
Re.:
Dear Sirs,
following our letter of last February the 1i\ please take note that we
have examined the Lurnetique's Patents and asked for clarifications to Cereria Terenzi
Evelino's supplier of wooden wick candels, who put us in touch with the manufacturer
Dream Wick, Inc. of North Huntingdon, Pennsylvania.
Mrs. Melynda DelCotto of Dream Wick, Inc. revealed us their industrial
property portfolio, i.e. US9120995B2, EP2594627A1 , USD708777S1, USD663450S1,
USD669615S1 , USD715989S1 and US8708694B2, all attached hereto, and stated that
their products are made exclusively in the implementation of their patents, without
interfering with others.
We have reviewed all the Patents in relation to the goods of Cereria
Terenzi Evelino S.r.l. and it seems to us that Mrs DelCotto's statements are quite
convmcmg.
If so, it seems to us that it is not in the interest of our Client incur
additional disbursements to acquire other licenses; anyway we remain at your disposal
for any further discussion on the matter.
Without prejudice
Best regards
Gianluca Benedetti
Ufficio Brevetti Pedrini & Benedetti

Studio Associato
61122 Pesaro (PU) - Ilalia

via Cardinal G. Massaia, 12
tel. +390721 453404 fax +39 0721 457139
g. benedetti@pedrinibenedetti .com
m.pesturini@pedrinibenedetti.com
40033 Casalecchio di Reno (80) - Ilalia

via Corsica, 5
tel. e fax +39 051 6192116
p.pedrini@pedrinibenedetti.com
Sede legale e domicifio fiscale:

via Cardinal G. Massaia, 12 - Pesaro - Italia
C.F. e PIVAiVATlTVAlBTW n. 00920750411
www.ufficiobrevettipedriniebenedelti.com
inio@pedrinibenedelti.com
EXHIBIT L
EXHIBIT M
Subject: FW: Couture Brands LLC 5th & madison and Lumetique
Date: 2/4/2016 11:03 AM
From: "Eric W. Schweibenz" <ESchweibenz@oblon.com>
"Andrew Ollis" <AOllis@oblon.com>, "Thomas C. Yebernetsky"
To:
<TYebernetsky@oblon.com>
From: SHANE NASSAR [mailto:shanenassar@yahoo.com]

Sent: Wednesday, February 03, 2016 10:07 PM
To: Eric W. Schweibenz
Subject: Re: Couture Brands LLC 5th & madison and Lumetique
Eric,
I would like to thank you for your concern and upon closer investigation I do believe I
am not violating any of Dayna Deckers Patents.
In the case you feel that I am, a simple cease and desist will get us to stop production
until her patent expiration in a few years. If this is the case we will hire an attorney and
seek to re coup anything we lose from that.
You are now aware who I am getting the wicks from and if you have any issues you
should take it up with them. The statement below comes right from the website. We are
purchasing them in good faith and these patents are valid
Our Wicks Are Manufactured, Shipped & Protected

Under the Following US Patents: US D663450 - US
D669615 US D708777 - US 8708694 - D715989
*******CONFIDENTIALITY NOTICE*******
This email is intended only for the use of the addressee(s) named herein. It may contain legally privileged and confidential
information. If you are not the intended recipient, or an authorized representative of the intended recipient, you are hereby notified
that any review, copying or distribution of this e-mail and its attachments, if any, is strictly prohibited and irreparable harm may result
therefrom. If you have received this email in error, please immediately notify the sender by return email and delete this email from
your system. Thank you.
EXHIBIT N
5/27/2016
Amazon.com:TizianaTerenziWhiteMiniGlassVinciwithGoldDecoration,WoodenWick40gCandle(WhiteFire):Beauty
Case 1:16-cv-00459-UNA
Document 1-14 Filed 06/17/16 Page 2 of 4 PageID #: 125
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EXHIBIT S
From: DayNa Decker <dd@daynadecker.com>

Date: March 5, 2015 at 5:04:02 PM PST
To: mddreamwick29@gmail.com
Subject: United States Patent: 8961171
file:///Users/MEDLMobile/Dropbox/Patent/Neda/United%20States%20Patent%20%208961171.
html
DayNa Decker
1 8 4 75 Bandilier C ircle
Fountain V alley, C A 9 2708
O : 7 14-968-5400 C:310-500-5480
WWW.D AYNADECKER.COM
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delete the original message and all copies from your system. Thank you.
EXHIBIT T
From: Melynda <mddelcotto@aol.com>

Subject: patent infrigement
Date: June 29, 2014 at 8:26:11 AM PDT
To: info@daynadecker.com
Dear Dayna
I am Melynda DelCotto & I also have issued patents on wooden candle wicks( my wick
is actually two pieces of wood) I am trying to clean up the infringements as I am sure
you are as well. I wanted to make you aware of Barn Wick Candles ( Candle Art ) that
is actually infringing on all of our patents. I am filing suit against this company in the
near future. If I prevail in my law suite he will still be offering your technology to
anyone that wants to make a candle...in the end he is hurting both of our investments
for intellectual property & diminishes the value of the same .
I am contacting you out of respect for the time, energy & monetary investments that
you have made into your product.
Please feel free to contact me if you have any further questions.
Regards,
Melynda DelCotto

Lumetique v. Dream-Wick - Complaint

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Lumetique v. Dream-Wick - Complaint

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Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 1 of 32 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

Civil Action No. _________

Lumetique, Inc. is a Delaware corporation with its principal place of business at

1440A South Coast Highway, Laguna Beach, CA 92651.

Upon information and belief, Defendant Dream-Wick is a corporation organized

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 2 of 32 PageID #: 2

actions pursuant to 28 U.S.C. 1331 and 1338.

Upon information and belief, Defendant is subject to personal jurisdiction in this

Lumetique is the owner by assignment of the 171 Patent, entitled Candle

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 3 of 32 PageID #: 3

Lumetique is the owner by assignment of the 409 Patent, entitled Candle

Lumetique is the owner by assignment of the 275 Patent, entitled Candle

Lumetique is the owner by assignment of the 359 Patent, entitled Candle

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 4 of 32 PageID #: 4

Specifically, Defendants candle wicks comprise a solid planar member and a

During the course of negotiations between Lumetique and Dream-Wick in 2015,

Lumetique has complied with the statutory requirement of 35 U.S.C. 287(a)

and, therefore, given Defendant notice of the 171 patent.

Upon information and belief, Defendant induces third parties to manufacture,

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 5 of 32 PageID #: 5

third-party candle manufactures/sellers by the inclusion of Defendants infringing candle wicks

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 6 of 32 PageID #: 6

on their website (www.unitywoodenwicks.com), including their single ply wooden wicks

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 7 of 32 PageID #: 7

For example, on their website

(www.unitywoodenwicks.com), Defendant provides instructions on how to combine the

emphasis in original). Additionally, on Defendants website, Defendant actively and knowingly

Upon information and belief, and as discussed above, Cereria, a manufacturer,

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 8 of 32 PageID #: 8

In violation of 35 U.S.C. 271(f)(2), Defendant has supplied and/or caused to be

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 9 of 32 PageID #: 9

On information and belief, Defendants infringing candle wicks are especially

For example, on their website (www.unitywoodenwicks.com), Defendant provides

(http://www.unitywoodenwicks.com/wicks.html, Exhibit G, emphasis in original). Additionally,

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 10 of 32 PageID #: 10

the 171 Patent on its website.

article or commodity of commerce suitable for substantial noninfringing use.

infringement by Defendant has been an egregious case of misconduct beyond typical

to be irreparably damaged by such infringement unless enjoined by the Court.

Upon information and belief, Defendant induces third parties to manufacture,

During the course of negotiations between Lumetique and Dream-Wick,

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 11 of 32 PageID #: 11

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 12 of 32 PageID #: 12

on their website (www.unitywoodenwicks.com), including their single ply wooden wicks

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 13 of 32 PageID #: 13

infringe at least claim 21 of the 409 Patent.

For example, on their website

(www.unitywoodenwicks.com), Defendant provides instructions on how to combine the

emphasis in original). Additionally, on Defendants website, Defendant actively and knowingly

Upon information and belief, and as discussed above, Cereria, a manufacturer,

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 14 of 32 PageID #: 14

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 15 of 32 PageID #: 15

In violation of 35 U.S.C. 271(f)(2), Defendant has supplied and/or caused to be

On information and belief, Defendants infringing candle wicks are especially

For example, on their website (www.unitywoodenwicks.com), Defendant provides

Case 1:16-cv-00459-UNA Document 1 Filed 06/17/16 Page 16 of 32 PageID #: 16

(http://www.unitywoodenwicks.com/wicks.html, Exhibit G, emphasis in original). Additionally,

article or commodity of commerce suitable for substantial noninfringing use.

Lumetique has complied with statutory requirement of 35 U.S.C. 287(a) and,

therefore, given Defendant notice of the 409 patent.

infringement by Defendant has been an egregious case of misconduct beyond typical

to be irreparably damaged by such infringement unless enjoined by the Court.

Upon information and belief, Defendant induces third parties to manufacture,