UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable David P. Shaw
`Administrative Law Judge
`
`
`Investigation No. 337-TA-1007
`
`
`
`
`In the Matter of:
`
`CERTAIN PERSONAL TRANSPORTERS,
`COMPONENTS THEREOF, AND
`PACKAGING AND MANUALS THEREOF
`
`
`
`
`RESPONDENT SWAGWAY LLC’S PROPOSED CLAIM CONSTRUCTION
`
`Pursuant to Order No. 7, Respondent Swagway LLC (“Swagway” or “Respondent”)
`
`hereby provides its proposed claim construction regarding the asserted claim terms of U.S.
`
`Patent Nos. 6,302,230 (“’230 patent”) and 7,275,607 (“’607 patent”) for the claim terms
`
`proposed by all parties in this investigation.
`
`’230 Patent
`
`Claim Term
`
`“ground-contacting module”
`
`respect
`
`“unstable with
`tipping”
`“maximum operating velocity”
`
`to
`
`1, 4
`
`Claims Respondent Swagway’s Proposed
`Construction
`Means Plus Function
`Function: contacting the ground.
`Structure: a single platform, two wheels, a
`forceplate or other sensor disposed on the
`platform, and a cluster.
`No construction necessary.
`
`1
`
`1
`
`A variable maximum velocity the vehicle
`is currently capable of maintaining where
`adequate vehicle acceleration potential is
`available to enable balance and control of
`the vehicle.
`
`Swagway_1010
`
`
`WASHINGTON, D.C.
`
`Before the Honorable David P. Shaw
`Administrative Law Judge
`
`
`Investigation No. 337-TA-1007
`
`
`
`
`In the Matter of:
`
`CERTAIN PERSONAL TRANSPORTERS,
`COMPONENTS THEREOF, AND
`PACKAGING AND MANUALS THEREOF
`
`
`
`
`RESPONDENT SWAGWAY LLC’S PROPOSED CLAIM CONSTRUCTION
`
`Pursuant to Order No. 7, Respondent Swagway LLC (“Swagway” or “Respondent”)
`
`hereby provides its proposed claim construction regarding the asserted claim terms of U.S.
`
`Patent Nos. 6,302,230 (“’230 patent”) and 7,275,607 (“’607 patent”) for the claim terms
`
`proposed by all parties in this investigation.
`
`’230 Patent
`
`Claim Term
`
`“ground-contacting module”
`
`respect
`
`“unstable with
`tipping”
`“maximum operating velocity”
`
`to
`
`1, 4
`
`Claims Respondent Swagway’s Proposed
`Construction
`Means Plus Function
`Function: contacting the ground.
`Structure: a single platform, two wheels, a
`forceplate or other sensor disposed on the
`platform, and a cluster.
`No construction necessary.
`
`1
`
`1
`
`A variable maximum velocity the vehicle
`is currently capable of maintaining where
`adequate vehicle acceleration potential is
`available to enable balance and control of
`the vehicle.
`
`Swagway_1010
`
`
`
`1
`
`1
`
`1
`
`1
`
`The amount of acceleration needed to
`reach the maximum operating velocity
`from the current velocity as calculated
`during operation by a monitor in the
`vehicle.
`The difference between the maximum
`operating velocity and the current velocity
`of the vehicle.
`A device used to measure the voltages of
`the battery and the motor and the monitor
`difference between the two.
`No construction necessary.
`
`1, 3
`
`No construction necessary.
`
`
`
`’607 Patent
`
`Claims
`
`Respondent Swagway’s Proposed
`Construction
`Transporter characterized by the angle
`of the handlebar with respect to
`gravity.
`Means Plus Function
`
`Function: receive specification of a
`desired yaw, yaw rate, and a direction
`of motion.
`
`Structure: rotating yaw grip assembly,
`vehicle handlebar, pressure sensors, or
`feet force sensors.
`Desired left or right rotation about the
`vertical axis.
`The speed of angular rotation about the
`vertical axis.
`
`“determined by a requirement
`of acceleration to maintain
`balance”
`
`“balancing margin”
`
`“balancing margin monitor”
`
`“signal characterizing the
`balancing margin”
`“alarm”
`
`
`
`Claim Term
`
`“transporter characterized by a
`roll angle”
`
`1
`
`“input adapted to receive
`specification by a user”
`
`1, 2
`
`“desired yaw”
`
`“yaw rate”
`
`1, 3
`
`1
`
`2
`
`Swagway_1010
`
`
`
`“desired yaw and yaw rate
`being based on a detected body
`orientation of the user”
`
`“pitch”
`
`“specified yaw”
`“user specified yaw”
`“pitch state estimator”
`
`“input for receiving adapted to
`receive user specification”
`“the input for receiving user
`specification”
`“detecting weight distribution
`of the user”
`
`
`1
`
`1
`
`1
`1
`1
`
`4
`
`6
`
`6
`
`Desired yaw and yaw rate based upon
`location or change in location of the
`user’s center of gravity as opposed to
`being based upon manual input or
`tilting of the vehicle.
`Rotation about the lateral axis of the
`transporter.
`Indefinite (lacks antecedent basis).
`Indefinite (lacks antecedent basis).
`A device or component that derives the
`orientation of the transporter based on
`one or more gyroscopes, an
`inclinometer, or combinations thereof.
`Indefinite (lacks antecedent basis).
`
`Indefinite (lacks antecedent basis).
`
`Measuring the way the weight of the
`user is divided or spread out.
`
`For the terms presented by the other Respondents and Complainants but not listed above,
`
`Swagway submits that those terms should be construed according to their plain and ordinary
`
`meaning. For the terms overlapping the terms listed above, Swagway submits that the
`
`overlapping terms should be construed consistent with the proposed constructions above.
`
` Swagway submits that the above proposed constructions are only tentative and reserves
`
`the right to supplement the constructions as more facts and information become available.
`
`3
`
`
`
`Swagway_1010
`
`
`
`Dated: August 19, 2016
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Lei Mei
`Lei Mei
`Richard P. Hadorn
`Irene Chen
`Jiwei Zhang
`MEI & MARK LLP
`818 18th Street NW, Suite 410
`Washington, DC 20006
`
`Jeff Pearson
`MEI & MARK LLP
`P.O. Box 487
`Boca Raton, Florida 33429-0487
`
`Telephone: 888-860-5678
`Facsimile: 888-706-1173
`
`Counsel for Respondent Swagway LLC
`
`4
`
`Swagway_1010
`
`
`
`Certain Personal Transporters, Components Thereof,
`and Packaging and Manuals Therefor
`CERTIFICATE OF SERVICE
`
` Inv. No. 337-TA-1007
`
`
`
`
`
`
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
`
`I, Lei Mei, hereby certify that on August 19, 2016, a copy of the foregoing
`document was served as indicated:
`
`Sarah Sladic, Esq.
`Investigative Attorney
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W., Suite 401
`Washington, D.C. 20436
`Telephone: 202-205-2202
`Email: Sarah.Sladic@usitc.gov
`
`Tony V. Pezzano
`Aleksandra King
`A. Elizabeth Korchin
`HOGAN LOVELLS US LLP
`875 Third Avenue
`New York, NY 10022
`
`Celine Jimenez Crowson
`Joseph J. Raffetto
`Scott Hughes
`HOGAN LOVELLS US LLP
`555 13th Street, N.W.
`Washington, D.C. 20004
`
`Steven M. Levitan
`HOGAN LOVELLS US LLP
`4085 Campbell Avenue #100
`Menlo Park, CA 94025
`
`Maureen K. Toohey
`TOOHEY LAW GROUP LLC
`340 Commercial Street
`Manchester, NH 03101
`
`Ping Gu
`ZHONG LUN LAW FIRM
`6A Jianguomenwai Avenue
`Chaoyang District
`Beijing 100022
`People’s Republic of China
`
`Email: Segway_ITC_1007@hoganlovells.com
`
`Page 1 of 2
`
`
`Swagway_1010
`
`
`
`Certain Personal Transporters, Components Thereof,
`and Packaging and Manuals Therefor
`
`Counsel for Complainants Segway Inc., DEKA
`Products Limited Partnership, And Ninebot (Tianjin)
`Technology Co., Ltd.
`
`Jonathan J. Engler
`Daniel F. Smith
`ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.
`1133 Connecticut Avenue, N.W., 12th Floor
`Washington, DC 20036
`Telephone: (202) 467-6300
`Facsimile: (202) 466-2006
`Email: Razor-002@adduci.com
`
`Counsel for Respondents Razor USA LLC and
`Inventist, Inc.
`
`Ezra Sutton
`EZRA SUTTON, P.A.
`900 Route 9 North, Suite 201
`Woodbridge, NJ 07095
`esutton@ezrasutton.com
`
`Counsel for Respondent Jetson Electric Bikes LLC
`
`PhunkeeDuck, Inc.
`250 Jericho Turnpike
`Floral Park, NY 11001
`
`
`
`
`
`
`
` Inv. No. 337-TA-1007
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
`
` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
`
`
`
`
`
`/s/ Lei Mei
`Lei Mei
`
`Page 2 of 2
`
`
`
`
`Segaway
`3940 Laurel Canyon Blvd #376
`Studio City, CA 91604
`
`
`
`Swagway_1010
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