... extrinsic evidence in the form expert testimony and various federal and state regulations to contrast the industry’s definition of the terms “golf car” and “golf cart”—which “convey a person 10 IPR2017-02141 Patent 7,239,965 B2 or persons ...
That the “driver commands” need to be overridden or otherwise restricted presumes that the golf cart is being driven by a person who has independent control of the cart and is susceptible to driving in an unruly manner, in other 11 ...
Yamaha’s expert confirms that each of the above-described golf carts is a “ridable cart” that “conveys a person or persons.” See Ex. 2016, 62:4–65:22, 67:21–25.
Nonetheless, Yamaha argues at length that the term “golf cart” is a genus for two species of carts, namely, a “golf car” that carries a person and a “riderless cart,” such as a “caddie cart,” that carries only a golf bag.
Indeed, the NHSTA explains that “states from California to Florida” use the term “golf cart” (id. at 1), and notes California’s definition of “golf cart” as “a motor vehicle . . . designed to carry golf equipment and not more than two persons, ...
Club Car, in turn, proposes that it means “a person that rides in or on a motor vehicle while controlling its direction and speed.” PO Resp. 11.
... onboard the cart. See, e.g., id., Abstract (“inputs by the golf cart’s driver to the golf cart’s motor”), 1:30–31 (“golf carts for golfers to drive”), 1:41 (“malicious golf cart drivers . . . driving too fast or recklessly”), 2:28 (“overriding driver accelerator commands”), 2:63 (“without substantial interference with a golf game or driver duties”), 3:58–59 (“prevent injury ...
... a person in the seat.” Ex. 2016, 92:18–93:1; 88:11–15. And to the extent Yamaha’s expert qualifies that testimony by saying that the ’053 Application “doesn’t exclude the possibility of a riding cart” and “doesn’t preclude putting a person ...