Cipm LLC v. Sterno

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Cipm, LLC (Utah)
  • Defendant: Sterno, a California LLC (California)
  • Plaintiff's Counsel: Wagner, Anderson & Bright P.C.
• Case Identification: 8:26-cv-00833, C.D. Cal., 04/06/2026
• Venue Allegations: Plaintiff alleges venue is proper because Defendant has a place of business and has committed alleged acts of patent infringement within the judicial district.
• Core Dispute: Plaintiff alleges that Defendant's spill-resistant, plug-in scent emitting products infringe a patent related to spill-resistant containers for use with heating apparatuses.
• Technical Context: The technology relates to containers for scented wax or fragrance oils, commonly used in home fragrance warmers, designed to prevent the contents from spilling if the device is tipped over.
• Key Procedural History: The complaint asserts rights under both an issued patent and its pre-issuance publication. Plaintiff alleges it sent a notice letter to Defendant's predecessor, Rimports LLC, on December 1, 2021, regarding the patent publication, potentially forming a basis for pre-issuance royalties under 35 U.S.C. § 154(d) and post-issuance willfulness allegations.

Case Timeline

Date	Event
2014-01-25	Priority Date for U.S. Patent No. 12,569,584
2021-04-22	U.S. Patent Publication 2021/0113732 Published
2021-12-01	Plaintiff sends notice letter to Defendant's predecessor
2026-03-10	U.S. Patent No. 12,569,584 Issues
2026-04-06	Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 12,569,584 - "Candle Warming Image Display Lamp"

• Patent Identification: U.S. Patent No. 12,569,584, "Candle Warming Image Display Lamp," issued March 10, 2026 (the "'584 Patent").

The Invention Explained

• Problem Addressed: The patent addresses the risk of spilling hot, molten contents from candle and fragrance warmers, which combine a heating element with a container of scented wax or oil '584 Patent, col. 1:44-48
• The Patented Solution: The invention is an apparatus, described as a "candle assembly," that incorporates a container with an "open funnel extending... inwardly into the inner cavity" '584 Patent, col. 3:31-35 This internal funnel structure is designed to contain the fluent (liquid) contents, such as melted wax or oil, even if the container is tipped over or inverted, thus preventing spills '584 Patent, col. 3:49-54 The patent describes this container as being removably mountable on top of a heating element, such as a lamp '584 Patent, col. 3:1-5 '584 Patent, Fig. 2
• Technical Importance: This design purports to increase the safety and utility of home fragrance devices by making the heated, liquid-filled containers spill-resistant.

Key Claims at a Glance

• The complaint asserts direct infringement of at least claim 1 Compl. ¶12
• Independent Claim 1 requires:
  • An apparatus comprising at least one of a first container or a second container.
  • The container has an inner cavity and an open funnel extending into the inner cavity.
  • The container holds a composition (e.g., fragrance emitting).
  • When the composition is fluent, it will not run out of the container when the container is oriented in any orientation.
  • The apparatus is expressly adapted to mount to a heating apparatus.
• The complaint does not explicitly reserve the right to assert dependent claims, but infringement is alleged against the patent generally Compl., Prayer B

III. The Accused Instrumentality

Product Identification

The accused products are identified as "Rimports/Sterno's spill-resistant scent emitting apparatus (the RSA)" Compl. ¶12 The exhibits show products marketed under the "ScentSationals" brand, specifically scented plug-in air freshener refills Compl., Ex. C, p. 44

Functionality and Market Context

• The accused products are fragrance oil refills designed to be inserted into an electrical plug-in diffuser, which acts as a heating apparatus to warm the oil and release its scent Compl., Ex. C, p. 50
• The complaint alleges the design of the refill bottle, which includes a threaded neck and a wick assembly, constitutes the claimed "open funnel" that renders the product spill-resistant Compl., Ex. C, p. 43 An annotated photograph provided in the complaint identifies the threaded neck of the refill bottle as the "Lid receiving member" and points to the opening where the wick protrudes as the "Open funnel" Compl., Ex. C, p. 43

IV. Analysis of Infringement Allegations

Claim Chart Summary

The complaint provides a detailed claim chart in Exhibit C, which forms the basis of the following summary for the "first container" embodiment of Claim 1.

'584 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
An apparatus comprising at least one of a first container having an inner cavity and an open funnel extending into said inner cavity...	The accused product is an apparatus comprising a container (a glass bottle) with an inner cavity and an opening at the top where a wick protrudes, which is alleged to be an open funnel extending into the cavity.	¶12; Ex. C, p. 32	col. 3:28-35
...and at least one of a fragrance emitting composition... contained therein...	The container holds a liquid fragrance oil, described as a "fragrance emitting composition."	¶12; Ex. C, p. 32; Ex. C, p. 43	col. 3:40-42
...wherein when said composition is fluent and said first container is oriented in any orientation, said composition will not run out of said first container...	The complaint alleges that due to the "funnel" design, the liquid fragrance oil will not spill from the container even when it is tipped over.	¶12; Ex. C, p. 32; Ex. C, p. 43	col. 3:49-54
...wherein said apparatus is expressly adapted to mount to a heating apparatus.	The refill bottle is designed to be inserted and screwed into an electrical plug-in diffuser, which contains a heat source to evaporate the fragrance oil. A screenshot from an instructional video shows the refill being inserted into the heating unit Compl., Ex. C, p. 51	¶12; Ex. C, p. 33	col. 4:54-56

Identified Points of Contention

• Scope Questions: A central dispute may concern the construction of "open funnel extending into said inner cavity." The question for the court will be whether the neck and wick assembly of the accused refill bottle, as depicted in the complaint Compl., Ex. C, p. 43, can be properly characterized as a "funnel" within the meaning of the claim, especially when compared to the more conventional funnel structure illustrated in the patent's embodiment '584 Patent, Fig. 4, element 55
• Technical Questions: The analysis may turn on the functional limitation that the composition "will not run out of said first container" when "oriented in any orientation." The question will be an evidentiary one: what evidence demonstrates that the accused product is spill-proof in literally any orientation, and is it the alleged "funnel" structure that achieves this result as required by the claim?

V. Key Claim Terms for Construction

• The Term: "open funnel extending into said inner cavity"
• Context and Importance: This term is the central structural feature of the claimed invention, responsible for the spill-resistant functionality. The entire infringement case rests on whether the accused product's bottle neck and wick assembly meets this definition. Practitioners may focus on this term because the accused structure does not immediately resemble the funnel depicted in the patent's preferred embodiment.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The claims do not specify the shape or dimensions of the "funnel." The specification describes the function: to prevent the composition from running out regardless of orientation '584 Patent, col. 3:49-54 Plaintiff may argue that any structure performing this function should be considered a funnel, a position potentially supported by the broad dictionary definitions of "funnel" included in the complaint Compl., Ex. C, p. 55
  • Evidence for a Narrower Interpretation: The detailed description and figures show a specific embodiment where the funnel is a distinct, tapering structure connected to the container's upper opening '584 Patent, col. 3:33-35 '584 Patent, Fig. 2 '584 Patent, Fig. 4 Defendant may argue that the term should be limited to structures resembling this disclosed embodiment, rather than covering the fundamentally different structure of a simple bottle neck with a wick.

VI. Other Allegations

• Indirect Infringement: The complaint does not contain an explicit count for indirect infringement. However, it alleges Defendant offers for sale and sells the accused products Compl. ¶12 It also provides screenshots of usage instructions that direct consumers on how to mount the refill (the apparatus) to the heater Compl., Ex. C, p. 49, which could be used to support a later claim of inducement.
• Willful Infringement: No count for willful infringement is included. The complaint does allege, however, that Plaintiff sent a notice letter regarding the parent patent publication to Defendant's predecessor on December 1, 2021, more than four years before the patent issued Compl. ¶10 Compl., Ex. B This fact may be used to argue that any infringement after this date, and especially after the patent issued, was willful.

VII. Analyst's Conclusion: Key Questions for the Case

• A core issue will be one of definitional scope: can the term "open funnel," as described and depicted in the context of the '584 Patent, be construed broadly enough to encompass the neck and wick assembly of the accused plug-in air freshener refill? The outcome of claim construction for this term may be dispositive.
• A key evidentiary question will be one of functional performance: does the accused product actually meet the claim's requirement that the liquid "will not run out" when the container is placed in "any orientation," and what proof will be required to substantiate or disprove this absolute functional characteristic?