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 THEREFOR
`
`
`
`
`
`COMPLAINANTS’ PROPOSED CLAIM CONSTRUCTIONS
`OF DISPUTED CLAIM TERMS
`
`Pursuant to the Procedural Schedule (Order No. 7), Complainants Segway Inc., DEKA
`
`Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. (collectively,
`
`“Segway” or “Complainants”) hereby submit the following preliminary claim constructions for
`
`the claim terms in U.S. Patent Nos. 6,302,230 (the “’230 Patent”), 6,651,753 (the “’753 Patent”),
`
`7,023,330 (the “’330 Patent”), 7,257,607 (the “’607 Patent”), 7,479,872 (the “’872 Patent”)
`
`(collectively, the “Asserted Patents”) proposed for construction by Complainants and
`
`Respondents Swagway LLC, Razor USA LLC, Inventist, Inc., and Jetson Electric Bikes LLC
`
`(collectively, “Respondents”).
`
`I.
`
`U.S. PATENT NO. 6,302,230
`
`Claim Term
`
`Claim(s) of
`U.S. Patent
`No. 6,302,230
`
`Proposed Constructions
`
`ground-contacting module
`
`Claims 1, 4
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning; or, alternatively,
`
`“structure supporting an individual
`including at least one movable member
`contacting an underlying surface”
`
`
`
`
`
`Swagway_1011
`
`
`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 THEREFOR
`
`
`
`
`
`COMPLAINANTS’ PROPOSED CLAIM CONSTRUCTIONS
`OF DISPUTED CLAIM TERMS
`
`Pursuant to the Procedural Schedule (Order No. 7), Complainants Segway Inc., DEKA
`
`Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. (collectively,
`
`“Segway” or “Complainants”) hereby submit the following preliminary claim constructions for
`
`the claim terms in U.S. Patent Nos. 6,302,230 (the “’230 Patent”), 6,651,753 (the “’753 Patent”),
`
`7,023,330 (the “’330 Patent”), 7,257,607 (the “’607 Patent”), 7,479,872 (the “’872 Patent”)
`
`(collectively, the “Asserted Patents”) proposed for construction by Complainants and
`
`Respondents Swagway LLC, Razor USA LLC, Inventist, Inc., and Jetson Electric Bikes LLC
`
`(collectively, “Respondents”).
`
`I.
`
`U.S. PATENT NO. 6,302,230
`
`Claim Term
`
`Claim(s) of
`U.S. Patent
`No. 6,302,230
`
`Proposed Constructions
`
`ground-contacting module
`
`Claims 1, 4
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning; or, alternatively,
`
`“structure supporting an individual
`including at least one movable member
`contacting an underlying surface”
`
`
`
`
`
`Swagway_1011
`
`
`
`
`
`Claim Term
`
`balanced
`
`present velocity
`
`unstable with respect to tipping
`
`Claim(s) of
`U.S. Patent
`No. 6,302,230
`
`Claim1
`
`Claim 1
`
`Claim 1
`
`automatically balanced operation
`
`Claim 1
`
`maximum operating velocity
`
`Claim 1
`
`Claim 1
`
`Claim 1
`
`Claim 1
`
`determined by a requirement of
`acceleration to maintain balance
`
`
`balancing margin
`
`balancing margin monitor
`
`
`signal characterizing the
`balancing margin
`
`
`Proposed Constructions
`
`No construction necessary. See
`“automatically balanced operation”
`below.
`
`“current velocity”
`
`“susceptible to tipping when not powered
`on”
`
`“capable of operation on one or more
`members but would be unable to stand on
`the member(s) during operation but for a
`control loop governing operation of the
`member(s)”
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning; or, alternatively,
`
`“a threshold speed determined at least by
`the ability of the device to accelerate and
`maintain balance”
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`“difference between the maximum
`operating velocity and the current
`velocity of the vehicle”
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning, in view of the proposed
`construction for “balancing margin”
`above.
`
`Claim 1
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`
`
`2
`
`Swagway_1011
`
`
`
`Claim(s) of
`U.S. Patent
`No. 6,302,230
`
`Claim 1
`
`Proposed Constructions
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning; or, alternatively,
`
`“determined by the difference between
`the maximum operating velocity and the
`current velocity of the vehicle”
`
`Claims 1, 3
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`Claim 1
`
`“the boundary value of the difference
`between the maximum speed and the
`current velocity of the vehicle”
`
`
`
`Claim Term
`
`
`determined by the difference
`between the maximum operating
`velocity and the present velocity
`of the vehicle
`
`
`alarm
`
`specified limit
`
`
`
`II.
`
`U.S. PATENT NO. 6,651,763
`
`Claim Term
`
`Claim(s) of
`U.S. Patent
`No. 6,651,763
`
`Proposed Constructions
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning; or, alternatively,
`
`“structure supporting an individual
`including at least one movable member
`contacting an underlying surface”
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning; or, alternatively,
`
`“a sensor for sensing an impending or
`existing vehicle fault state that requires
`the rider’s attention”
`
`ground-contacting module
`
`Claims 1, 2
`
`normal mode of locomotion
`
`Claim 1
`
`sensor for sensing a specified
`condition
`
`Claim 1
`
`
`
`3
`
`Swagway_1011
`
`
`
`
`
`Claim Term
`
`Claim(s) of
`U.S. Patent
`No. 6,651,763
`
`Proposed Constructions
`
`specified condition
`
`Claim 1
`
`braking
`
`Claim 1
`
`See “sensor for sending a specified
`condition” above
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`braking and speeding up and
`braking over each period of the
`modulation
`
`Claim 1
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`control loop
`
`balance
`
`Claims 3-4
`
`“a control path that compares outputs and
`inputs to maintain dynamic balance”
`
`Claim 3
`
`See “condition of dynamic balance”
`below
`
`condition of dynamic balance
`
`Claim 3
`
`fore-aft plane
`
`Claim 3
`
`“capable of operation on one or more
`members but would be unable to stand
`on the member(s) during operation but
`for a control loop governing operation
`of the member(s)”
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`triggering condition
`
`Claims 4, 7
`
`See “specified condition” above.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`periodic factor
`
`Claim 4
`
`multiplicative coefficient
`
`Claim 5
`
`
`
`
`
`
`
`4
`
`Swagway_1011
`
`
`
`
`
`III. U.S. PATENT NO. 7,023,330
`
`Claim Term
`
`Claim(s) of
`U.S. Patent
`No.7,023,330
`
`Proposed Constructions
`
`specified condition
`
`Claims 1-2, 5
`
`See “sensor for sending a specified
`condition” below.
`
`sensor for sensing a specified
`condition
`
`Claims 1, 5
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning; or, alternatively,
`
`“a sensor for sensing an impending or
`existing vehicle fault state that requires
`the rider’s attention”
`
`periodic factor
`
`control loop
`
`balance
`
`Claim 2
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`Claims 1-2
`
`“a control path that compares outputs
`and inputs to maintain dynamic
`balance”
`
`Claim 1
`
`See “condition of dynamic balance”
`below.
`
`condition of dynamic balance
`
`Claim 1
`
`fore-aft plane
`
`Claim 1
`
`braking
`
`Claim 1
`
`“capable of operation on one or more
`members but would be unable to stand
`on the member(s) during operation but
`for a control loop governing operation
`of the member(s)”
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`braking and speeding up and
`braking over each period of the
`modulation
`
`Claim 1
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`
`
`5
`
`Swagway_1011
`
`
`
`
`
`Claim Term
`
`Claim(s) of
`U.S. Patent
`No.7,023,330
`
`Proposed Constructions
`
`input having a periodic factor
`
`Claim 2
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`multiplicative coefficient
`
`Claim 3
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`
`IV. U.S. PATENT NO. 7,275,607
`
`Claim Term
`
`Claim(s) of
`U.S. Patent
`No. 7,275,607
`
`Proposed Constructions
`
`primary ground-contacting
`element
`
`Claim 1
`
`transporter characterized by
`a roll angle
`
`Claim 1
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning; or, alternatively,
`
`“one or more wheels or other member(s)
`that contact the underlying surface”
`
`This is a non-limiting term in the
`preamble, and thus does not require
`construction. In the alternative, this term
`need not be construed and should be
`ascribed its plain and ordinary meaning.
`In the alternative,
`
`“rotation or orientation about a horizontal
`axis relative to the vehicle”
`
`roll angle
`
`Claim 1
`
`See “transporter characterized by a roll
`angle” above.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning; or, alternatively,
`
`“sensing a forward or backward lean of
`the transporter with respect to a vertical
`axis as defined by the direction of
`gravity”
`
`sensing a pitch of the transporter
`
`Claim 1
`
`
`
`6
`
`Swagway_1011
`
`
`
`
`
`Claim Term
`
`Claim(s) of
`U.S. Patent
`No. 7,275,607
`
`Proposed Constructions
`
`input adapted to receive
`specification by a user
`
`Claims 1, 2, 4,
`6
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`desired yaw
`
`Claims 1, 3
`
`“user-directed turn command”
`
`balance
`
`Claim 1
`
`“capable of operation on one or more
`members but would be unable to stand on
`the member(s) during operation but for a
`control loop governing operation of the
`member(s)”
`
`yaw
`
`roll
`
`Claims 1, 3
`
`“rotation or orientation about a vertical
`axis with respect to the transporter”
`
`Claim 1
`
`See “transporter characterized by a roll
`angle” above.
`
`an instantaneous yaw value
`
`Claim 3
`
`“current yaw value”
`
`summer
`
`yaw rate
`
`Claim 3
`
`“an element used to compare inputs”
`
`Claim 1
`
`“user-directed angular velocity”
`
`desired yaw and yaw rate being
`based on a detected body
`orientation of the user
`
`pitch
`
`Claim 1
`
`Claim 1
`
`pitch state estimator
`
`Claim 1
`
`“user-directed turn command(s) based on
`a mechanism designed to correspond to
`the body position of the user”
`
`“forward or backward lean of the
`transporter with respect to a vertical axis
`as defined by the direction of gravity”
`
`“an element that estimates the pitch of the
`vehicle”
`
`direction of motion of the
`transporter
`
`Claim 1
`
`“forward or backward movement of the
`transporter”
`
`direction of motion
`
`Claim 1
`
`See “direction of motion of the
`transporter” above.
`
`
`
`7
`
`Swagway_1011
`
`
`
`
`
`Claim Term
`
`processor of a kind that generates
`a command signal governing
`motion of the at least one ground
`contacting element
`
`Claim(s) of
`U.S. Patent
`No. 7,275,607
`
`Claim 1
`
`yaw error value
`
`Claim 3
`
`pressure sensor
`
`Claim 4
`
`force sensor
`
`Claim 6
`
`Proposed Constructions
`
`“a controller that generates a command
`signal to control, direct, or influence the
`actions or conduct of the one or more
`wheels or member(s) contacting the
`underlying surface”
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`desired yaw;
`specified yaw;
`user specified yaw
`
`based on a detected body
`orientation of the user
`
`input for receiving adapted to
`receive user specification
`
`the input for receiving user
`specification
`
`detecting weight distribution of
`the user
`
`
`
`
`
`
`
`Claims 1, 3
`
`“user-directed turn command”
`
`Claim 1
`
`Claim 4
`
`Claim 6
`
`Claim 6
`
`See “desired yaw and yaw rate being
`based on a detected body orientation of
`the user” above.
`
`See “input adapted to receive
`specification by a user “above.
`
`See “input adapted to receive
`specification by a user” above.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`
`
`8
`
`Swagway_1011
`
`
`
`
`
`V.
`
`U.S. PATENT NO. 7,479,872
`
`Claim Term
`
`Claim(s) of
`U.S. Patent
`No. 7,479,872
`
`Proposed Constructions
`
`sensor for sensing a specified
`condition
`
`Claims 1, 5, 10
`
`shaker
`
`Claim 1
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning; or, alternatively,
`
`“a sensor for sensing an impending or
`existing vehicle fault state that requires
`the rider’s attention”
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`periodically modulating
`acceleration
`
`Claim 1
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`specified condition
`
`Claims 1, 5, 10
`
`periodic factor
`
`Claim 2
`
`contributing differentially
`
`Claim 4
`
`alarm
`
`Claim 1
`
`multiplicative coefficient
`
`Claim 3
`
`
`
`See “sensor for sensing a specified
`condition” above.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`No construction necessary. The term
`should be ascribed its plain and ordinary
`meaning.
`
`Complainants’ investigation is ongoing, and discovery is not yet complete. Accordingly,
`
`these disclosures are based on information available to Complainants at this time. Segway
`
`reserves the right, consistent with the ITC’s Rules codified at 19 C.F.R. §§ 201 et seq., the
`
`
`
`9
`
`Swagway_1011
`
`
`
`
`
`Ground Rules in this Investigation, and other applicable authority, to amend, supplement,
`
`remove, or otherwise modify its preliminary claim constructions as discovery and claim
`
`construction proceed. Segway reserves the right to offer evidence and argument regarding the
`
`construction of any term, phrase, or claim that is identified by Segway or Respondents, and
`
`further reserves the right to revise its preliminary claim constructions, including after review of
`
`Respondents’ preliminary constructions.
`
`
`
`Dated: August 19, 2016
`
`
`
`Respectfully submitted,
`
`/s/ Tony V. Pezzano
`
`Tony V. Pezzano
`HOGAN LOVELLS US LLP
`
`Counsel to Complainants Segway Inc.,
`DEKA Products Limited Partnership, and
`Ninebot (Tianjin) Technology Co., Ltd.
`
`
`
`10
`
`Swagway_1011
`
`
`
`
`
`In the Matter of Certain Personal Transporters, Components Thereof,
`and Packaging and Manuals Therefor,
`Inv. No. 337-TA-1007
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, on August 19, 2016, a copy of COMPLAINANTS’ PROPOSED
`
`CLAIM CONSTRUCTIONS OF DISPUTED CLAIM TERMS is being served as indicated to the
`
` ☐
`
` Via Hand Delivery
`☐ Via First Class Mail
`☐ Via Overnight Delivery
`☐ Via Email
`☐ Via EDIS
`
` ☐
`
` Via Hand Delivery
`☐ Via First Class Mail
`☐ Via Overnight Delivery
`☐ Via Email
`☐ Via EDIS
`
`
` ☐
`
` Via Hand Delivery
`☐ Via First Class Mail
`☐ Via Overnight Delivery
`☒ Via Email
`
`
`
`Respondents:
`
` ☐
`
` Via Hand Delivery
`☒ Via First Class Mail
`☐ Via Overnight Delivery
`
`parties listed below:
`
`
`Lisa R. Barton
`Secretary
`U.S. International Trade Commission
`500 E Street, S.W.
`Washington, D.C. 20436
`
`
`
`
`The Honorable Judge David P. Shaw
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, S.W.
`Washington, DC 20436
`E-mail: pyong.yoon@usitc.gov
`
`
`Sarah Sladic, Esq.
`Commission 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
`
`
`
`
`
`PhunkeeDuck, Inc.
`250 Jericho Turnpike
`Floral Park, NY 11001
`
`
`
`
`
`Swagway_1011
`
`
`
`☐ Via Email
`
`
` ☐
`
` Via Hand Delivery
`☐ Via First Class Mail
`☐ Via Overnight Delivery
`☒ Via Email
`
`
` ☐
`
` Via Hand Delivery
`☐ Via First Class Mail
`☐ Via Overnight Delivery
`☒ Via Email
`
`
`
` ☐
`
` Via Hand Delivery
`☒ Via First Class Mail
`☐ Via Overnight Delivery
`☐ Via Email
`
`
`
`
`
`Counsel for Respondents Razor USA, LLC
`and Inventist, Inc.
`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
`Fascimile: (202) 466-2006
`E-mail: Razor-002@adduci.com
`
`
`Counsel for Swagway LLC
`
`Lei Mei
`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
`Email: Swagway-ITC1007@meimark.com
`
`
`Segaway
`3940 Laurel Canyon Boulevard #376
`Studio City, CA 91604
`
`
`
`
`
`
`
`2
`
`Swagway_1011
`
`
`
` ☐
`
` Via Hand Delivery
`☐ Via First Class Mail
`☐ Via Overnight Delivery
`☒ Via Email
`
`
`
`
`
`Counsel for Jetson Electric Bikes LLC
`Ezra Sutton
`EZRA SUTTON, P.A
`900 Route 9 North, Suite 201
`Woodbridge, NJ 07095
`Email: esutton@ezrasutton.com
`
`
`
`/s/ Cary E. Adickman
`Cary E. Adickman
`Hogan Lovells US LLP
`555 Thirteenth Street, NW
`Washington, DC 20004
`
`
`
`
`
`3
`
`Swagway_1011
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
