Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 1 of 31 PageID #: 1
`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 1 of 31 PagelD #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`FOR THE DISTRICT OF DELAWARE
`
`
`
`CHERVON (HK) LIMITED,
`CHERVON (UK) LIMITED,
`CHERVON NORTH AMERICA INC.,
`CHERVON NORTH AMERICA INC.,
`
`
`Plaintiffs,
`Plaintiffs,
`
`
`
`
`Civil Action No.:
`Civil Action No.:
`
`Jury Trial Demanded
`Jury Trial Demanded
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`v.
`v.
`
`
`
`
`
`
`
`
`ONE WORLD TECHNOLOGIES, INC.,
`ONE WORLD TECHNOLOGIES, INC.,
`TECHTRONIC INDUSTRIES CO.
`TECHTRONIC INDUSTRIES CO.
`LTD.,
`LTD.,
`
`
`Defendants.
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs Chervon (HK) Limited and Chervon North America Inc. (collectively
`Plaintiffs Chervon (HK) Limited and Chervon North America Inc. (collectively
`
`“Plaintiffs” or “Chervon”), by their undersigned counsel, and for their Complaint against
`"Plaintiffs" or "Chervon"), by their undersigned counsel, and for their Complaint against
`
`Defendants One World Technologies, Inc. and Techtronic Industries Co. Ltd. (collectively,
`Defendants One World Technologies, Inc. and Techtronic Industries Co. Ltd. (collectively,
`
`“Defendants”) hereby allege as follows:
`"Defendants") hereby allege as follows:
`
`SUMMARY OF NATURE OF ACTION
`SUMMARY OF NATURE OF ACTION
`
`1.
`1.
`
`This is a civil action for patent infringement arising under the patent laws of the
`This is a civil action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. § 1 et seq. Plaintiffs assert infringement of six patents relating to lawn
`United States, 35 U.S.C. § 1 et seq. Plaintiffs assert infringement of six patents relating to lawn
`
`mower technology embodied by their EGO brand of lawn mowers, including but not limited to the
`mower technology embodied by their EGO brand of lawn mowers, including but not limited to the
`
`EGO Power+ Mower Model No. LM2100SP.
`EGO Power+ Mower Model No. LM2100SP.
`
`PARTIES
`PARTIES
`
`2.
`2.
`
`Plaintiff Chervon (HK) Limited (“Chervon HK”) is a Hong Kong company having
`Plaintiff Chervon (HK) Limited ("Chervon UK") is a Hong Kong company having
`
`a place of business at Room 803B, 8/F Allied Kajima Building, 138 Gloucester Road, Wan Chai,
`a place of business at Room 803B, 8/F Allied Kajima Building, 138 Gloucester Road, Wan Chai,
`
`Hong Kong.
`Hong Kong.
`
`- 1 -
`
`TTI
`Exhibit 1037 — Page 1
`
`TTI
`Exhibit 1037 – Page 1
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 2 of 31 PageID #: 2
`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 2 of 31 PagelD #: 2
`
`3.
`3.
`
`Plaintiff Chervon North America Inc. (“Chervon NA”) is a corporation organized
`Plaintiff Chervon North America Inc. ("Chervon NA") is a corporation organized
`
`under the laws of the State of Delaware with its principal place of business at 1203 East
`under the laws of the State of Delaware with its principal place of business at 1203 East
`
`Warrenville Road, Naperville, Illinois 60563.
`Warrenville Road, Naperville, Illinois 60563.
`
`4.
`4.
`
`On information and belief, Defendant One World Technologies, Inc. (“One
`On information and belief, Defendant One World Technologies, Inc. ("One
`
`World”) is a corporation organized under the laws of the State of Delaware with its principal place
`World") is a corporation organized under the laws of the State of Delaware with its principal place
`
`of business at 1428 Pearman Dairy Road, Anderson, South Carolina 29625.
`of business at 1428 Pearman Dairy Road, Anderson, South Carolina 29625.
`
`5.
`5.
`
`On information and belief, Defendant Techtronic Industries Co. Ltd. (“TTI”) is a
`On information and belief, Defendant Techtronic Industries Co. Ltd. ("TTI") is a
`
`Hong Kong corporation with its principal place of business located at 24/F CDW Building, 388
`Hong Kong corporation with its principal place of business located at 24/F CDW Building, 388
`
`Castle Peak Road, Tsuen Wan, New Territories, Hong Kong.
`Castle Peak Road, Tsuen Wan, New Territories, Hong Kong.
`
`6.
`6.
`
`Defendants make, sell, offer for sale in the United States, and/or import into the
`Defendants make, sell, offer for sale in the United States, and/or import into the
`
`United States, lawn mowers under the brand name Ryobi.
`United States, lawn mowers under the brand name Ryobi.
`
`JURISDICTION AND VENUE
`JURISDICTION AND VENUE
`
`7.
`7.
`
`8.
`8.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`This Court has personal jurisdiction over Defendants because Defendants engage
`This Court has personal jurisdiction over Defendants because Defendants engage
`
`in business within this District, Defendants have committed acts of infringement in violation of 35
`in business within this District, Defendants have committed acts of infringement in violation of 35
`
`U.S.C. § 271 in this District, and Defendants have placed infringing products into the stream of
`U.S.C. § 271 in this District, and Defendants have placed infringing products into the stream of
`
`commerce, through an established distribution channel, with the knowledge and/or understanding
`commerce, through an established distribution channel, with the knowledge and/or understanding
`
`that such products are shipped into, sold, and/or used in this District. These acts have caused injury
`that such products are shipped into, sold, and/or used in this District. These acts have caused injury
`
`to Plaintiffs within this District and continue to cause injury to Plaintiffs within this District.
`to Plaintiffs within this District and continue to cause injury to Plaintiffs within this District.
`
`Defendants derive substantial revenue from the sale of infringing products distributed within this
`Defendants derive substantial revenue from the sale of infringing products distributed within this
`
`District. Defendants expect or should reasonably expect their actions to have consequences within
`District. Defendants expect or should reasonably expect their actions to have consequences within
`
`this District and Defendants derive substantial revenue from interstate commerce.
`this District and Defendants derive substantial revenue from interstate commerce.
`
`- 2 -
`
`TTI
`Exhibit 1037 — Page 2
`
`TTI
`Exhibit 1037 – Page 2
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 3 of 31 PageID #: 3
`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 3 of 31 PagelD #: 3
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`9.
`9.
`
`As to One World, venue is proper in this district under 28 U.S.C. §§ 1391 and
`As to One World, venue is proper in this district under 28 U.S.C. §§ 1391 and
`
`1400(b), because, among other reasons, One World resides in this district through its incorporation
`1400(b), because, among other reasons, One World resides in this district through its incorporation
`
`in this District and has committed acts of infringement in this District.
`in this District and has committed acts of infringement in this District.
`
`As to TTI, venue is proper in this district under 28 U.S.C. § 1391 because TTI is a
`10.
`10. As to TTI, venue is proper in this district under 28 U.S.C. § 1391 because TTI is a
`
`foreign corporation and thus may be sued in any judicial district.
`foreign corporation and thus may be sued in any judicial district.
`
`COUNT I
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 9,060,463
`INFRINGEMENT OF U.S. PATENT NO. 9,060,463
`
`11.
`11.
`
`Plaintiffs repeat and re-allege each and every allegation of the foregoing paragraphs
`Plaintiffs repeat and re-allege each and every allegation of the foregoing paragraphs
`
`as though fully set forth herein.
`as though fully set forth herein.
`
`12.
`12.
`
`Plaintiff Chervon HK is the owner of all rights and interests in U.S. Patent No.
`Plaintiff Chervon HK is the owner of all rights and interests in U.S. Patent No.
`
`9,060,463, entitled “Lawnmower with Operation Protection and Safety Switch Mechanism
`9,060,463, entitled "Lawnmower with Operation Protection and Safety Switch Mechanism
`
`Thereof” (“the ‘463 patent”), which was duly and lawfully issued by the United States Patent and
`Thereof" ("the '463 patent"), which was duly and lawfully issued by the United States Patent and
`
`Trademark Office on June 23, 2015. A true and correct copy of the ‘463 patent is attached as
`Trademark Office on June 23, 2015. A true and correct copy of the '463 patent is attached as
`
`Exhibit A and made a part hereof.
`Exhibit A and made a part hereof.
`
`13.
`13.
`
`Plaintiff Chervon NA is an exclusive licensee of the ‘463 patent with a right to
`Plaintiff Chervon NA is an exclusive licensee of the '463 patent with a right to
`
`enforce the patent.
`enforce the patent.
`
`14.
`14.
`
`The ‘463 patent lists Toshinari Yamaoka, Fangjie Nie, Haishen Xu, and Xiandian
`The '463 patent lists Toshinari Yamaoka, Fangjie Nie, Haishen Xu, and Xiandian
`
`Shao as inventors.
`Shao as inventors.
`
`15.
`15.
`
`Plaintiffs have complied with the statutory marking requirements of 35 U.S.C. §
`Plaintiffs have complied with the statutory marking requirements of 35 U.S.C. §
`
`287 and have marked their commercial embodiments of the ‘463 patent since 2016.
`287 and have marked their commercial embodiments of the '463 patent since 2016.
`
`16.
`16.
`
`17.
`17.
`
`Defendants have at no time been licensed under the ‘463 patent.
`Defendants have at no time been licensed under the '463 patent.
`
`Defendants have infringed and continue to infringe one or more claims of the ‘463
`Defendants have infringed and continue to infringe one or more claims of the '463
`
`patent, literally and/or under the doctrine of equivalents, by their manufacture, use, sale,
`patent, literally and/or under the doctrine of equivalents, by their manufacture, use, sale,
`
`importation, and/or offer for sale of certain lawn mowers that embody one or more claims of the
`importation, and/or offer for sale of certain lawn mowers that embody one or more claims of the
`
`- 3 -
`
`TTI
`Exhibit 1037 — Page 3
`
`TTI
`Exhibit 1037 – Page 3
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 4 of 31 PageID #: 4
`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 4 of 31 PagelD #: 4
`
`‘463 patent, including but not limited to the following lawn mower products: RY40108; RY40109;
``463 patent, including but not limited to the following lawn mower products: RY40108; RY40109;
`
`RY40LM03; RY40LM10-Y.
`RY4OLM03; RY4OLM10-Y.
`
`18.
`18.
`
`By way of example, Claim 1 of the ‘463 patent recites as follows:
`By way of example, Claim 1 of the '463 patent recites as follows:
`
`A slide-triggered safety switch mechanism, comprising:
`A slide-triggered safety switch mechanism, comprising:
`an inner pipe and a pipe sleeve capable of movement relative to each other wherein the
`an inner pipe and a pipe sleeve capable of movement relative to each other wherein the
`inner pipe is equipped with a safety shift structure; and
`inner pipe is equipped with a safety shift structure; and
`a safety switch assembly mounted inside the pipe sleeve wherein the safety switch
`a safety switch assembly mounted inside the pipe sleeve wherein the safety switch
`assembly comprises a safety switch and a trigger assembly configured to trigger the safety
`assembly comprises a safety switch and a trigger assembly configured to trigger the safety
`switch when the safety shift structure of the inner pipe is moved relative to the pipe sleeve
`switch when the safety shift structure of the inner pipe is moved relative to the pipe sleeve
`from a safety location and to reset the safety switch when the safety shift structure returns
`from a safety location and to reset the safety switch when the safety shift structure returns
`to the safety location.
`to the safety location.
`
`
`
`Defendants’ RY40108; RY40109; RY40LM03; and RY40LM10-Y lawn mower
`19.
`19. Defendants' RY40108; RY40109; RY4OLM03; and RY4OLM10-Y lawn mower
`
`products include each and every limitation of one or more claims of the ‘463 patent, including at
`products include each and every limitation of one or more claims of the '463 patent, including at
`
`least Claim 1.
`least Claim 1.
`
`20.
`20.
`
`By way of example, Defendants’ RY40108 and RY40109 lawn mowers meet each
`By way of example, Defendants' RY40108 and RY40109 lawn mowers meet each
`
`and every limitation of Claim 1 of the ‘463 patent as shown below:
`and every limitation of Claim 1 of the '463 patent as shown below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 4 -
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`TTI
`Exhibit 1037 — Page 4
`
`TTI
`Exhibit 1037 – Page 4
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 5 of 31 PageID #: 5
`Case 1:19-cv-01293-UNA Document 1 Filed 07111119 Page 5 of 31 PagelD #: 5
`
`RY40108 and RY40109 – ‘463 Patent, Claim 1
`RY40108 and RY40109 — '463 Patent, Claim 1
`1 inner pipe 3
`
`level-1 handle 1
`
`P.-
`
`-.4
`
`safety shift structure 4
`
`slide
`
`trigger assembly 5
`
`pipe sleeve 2
`
`main body (cutter body) 7
`
`safety switch 6 /*-- N....._
`
`level-1 handle 1
`
`Fig.1 a
`
`inner pipe 3
`
`trigger assembly 5
`
`the pipe wall 31
`
`retract
`
`safety switch 6
`
`safety shift structure 4
`
`
`
`Fig.lb
`
`5
`
`
`
`
`
`TTI
`Exhibit 1037 — Page 5
`
`TTI
`Exhibit 1037 – Page 5
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 6 of 31 PageID #: 6
`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 6 of 31 PagelD #: 6
`
`A slide-triggered safety switch mechanism,
`A slide-triggered safety switch mechanism,
`comprising:
`comprising:
`
`
`an inner pipe and a pipe sleeve capable of
`an inner pipe and a pipe sleeve capable of
`movement relative to each other wherein the
`movement relative to each other wherein the
`inner pipe is equipped with a safety shift
`inner pipe is equipped with a safety shift
`structure; and
`structure; and
`a safety switch assembly mounted inside the
`a safety switch assembly mounted inside the
`pipe sleeve wherein
`the safety switch
`pipe sleeve wherein
`the safety switch
`assembly comprises a safety switch and a
`assembly comprises a safety switch and a
`trigger assembly configured to trigger the
`trigger assembly configured to trigger the
`safety switch when the safety shift structure
`safety switch when the safety shift structure
`of the inner pipe is moved relative to the pipe
`of the inner pipe is moved relative to the pipe
`sleeve from a safety location and
`sleeve from a safety location and
`to reset the safety switch when the safety
`to reset the safety switch when the safety
`shift structure returns to the safety location.
`shift structure returns to the safety location.
`
`Fig. 1a and Fig. 1b show a slide-triggered safety
`Fig. la and Fig. lb show a slide-triggered safety
`switch mechanism.
`switch mechanism.
`
`
`Fig. 1a and Fig. 1b show an inner pipe 3 and a
`Fig. la and Fig. lb show an inner pipe 3 and a
`pipe sleeve 2 capable of movement relative to
`pipe sleeve 2 capable of movement relative to
`each other, and the inner pipe 3 is equiped with
`each other, and the inner pipe 3 is equiped with
`a safety shift structure 4.
`a safety shift structure 4.
`Fig. 1a and Fig. 1b show a safety switch 6 and a
`Fig. la and Fig. lb show a safety switch 6 and a
`trigger assembly 5 mounted inside the pipe
`trigger assembly 5 mounted inside the pipe
`sleeve 2, and
`the
`trigger assembly 5
`is
`sleeve 2, and the
`trigger assembly 5 is
`configured to trigger the safety switch 6 when
`configured to trigger the safety switch 6 when
`the safety structure 4 of the inner pipe 3 is moved
`the safety structure 4 of the inner pipe 3 is moved
`relative to the pipe sleeve 2 from a safety
`relative to the pipe sleeve 2 from a safety
`location.
`location.
`Fig. 1a and Fig. 1b show a trigger assembly 5
`Fig. la and Fig. lb show a trigger assembly 5
`configured to reset the safety switch 6 when the
`configured to reset the safety switch 6 when the
`safety shift structure 4 returns to the safety
`safety shift structure 4 returns to the safety
`location (the position shown in Fig. 1a).
`location (the position shown in Fig. 1 a).
`
`Defendants’ infringement of the ‘463 patent is willful and deliberate, and entitles
`21.
`21. Defendants' infringement of the '463 patent is willful and deliberate, and entitles
`
`Plaintiffs to increased damages pursuant to 35 U.S.C. § 284 and to attorneys’ fees and costs
`Plaintiffs to increased damages pursuant to 35 U.S.C. § 284 and to attorneys' fees and costs
`
`incurred in prosecuting this action pursuant to 35 U.S.C. § 285. Since 2016 when Plaintiffs began
`incurred in prosecuting this action pursuant to 35 U.S.C. § 285. Since 2016 when Plaintiffs began
`
`marking their commercial embodiments and/or at least as of the date of this Complaint, Defendants
`marking their commercial embodiments and/or at least as of the date of this Complaint, Defendants
`
`have had knowledge of the ‘463 patent. Defendants have infringed and continue to infringe the
`have had knowledge of the '463 patent. Defendants have infringed and continue to infringe the
`
`‘463 patent despite a high likelihood that their actions constituted infringement.
``463 patent despite a high likelihood that their actions constituted infringement.
`
`22.
`22.
`
`Plaintiffs have been injured and damaged by Defendants’ infringement of the ‘463
`Plaintiffs have been injured and damaged by Defendants' infringement of the '463
`
`patent. Defendants’ infringement has caused, and will continue to cause, irreparable harm to
`patent. Defendants' infringement has caused, and will continue to cause, irreparable harm to
`
`Plaintiffs, for which Plaintiffs have no adequate remedies at law, unless and until enjoined by this
`Plaintiffs, for which Plaintiffs have no adequate remedies at law, unless and until enjoined by this
`
`Court.
`Court.
`
`COUNT II
`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 9,596,806
`INFRINGEMENT OF U.S. PATENT NO. 9,596,806
`
`23.
`23.
`
`Plaintiffs repeat and re-allege each and every allegation of the foregoing paragraphs
`Plaintiffs repeat and re-allege each and every allegation of the foregoing paragraphs
`
`as though fully set forth herein.
`as though fully set forth herein.
`
`- 6 -
`
`TTI
`Exhibit 1037 — Page 6
`
`TTI
`Exhibit 1037 – Page 6
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 7 of 31 PageID #: 7
`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 7 of 31 PagelD #: 7
`
`24.
`24.
`
`Plaintiff Chervon HK is the owner of all rights and interests in U.S. Patent No.
`Plaintiff Chervon HK is the owner of all rights and interests in U.S. Patent No.
`
`9,596,806, entitled “Control System for Controlling the Operation of a Gardening Tool” (“the ‘806
`9,596,806, entitled "Control System for Controlling the Operation of a Gardening Tool" ("the '806
`
`patent”), which was duly and lawfully issued by the United States Patent and Trademark Office
`patent"), which was duly and lawfully issued by the United States Patent and Trademark Office
`
`on March 21, 2017. A true and correct copy of the ‘806 patent is attached as Exhibit B and made
`on March 21, 2017. A true and correct copy of the '806 patent is attached as Exhibit B and made
`
`a part hereof.
`a part hereof.
`
`25.
`25.
`
`Plaintiff Chervon NA is an exclusive licensee of the ‘806 patent with a right to
`Plaintiff Chervon NA is an exclusive licensee of the '806 patent with a right to
`
`enforce the patent.
`enforce the patent.
`
`26.
`26.
`
`The ‘806 patent lists Toshinari Yamaoka, Fangjie Nie, and Haishen Xu as
`The '806 patent lists Toshinari Yamaoka, Fangjie Nie, and Haishen Xu as
`
`inventors.
`inventors.
`
`27.
`27.
`
`Plaintiffs have complied with the statutory marking requirements of 35 U.S.C. §
`Plaintiffs have complied with the statutory marking requirements of 35 U.S.C. §
`
`287 and have marked their commercial embodiments of the ‘806 patent since 2017.
`287 and have marked their commercial embodiments of the '806 patent since 2017.
`
`28.
`28.
`
`29.
`29.
`
`Defendants have at no time been licensed under the ‘806 patent.
`Defendants have at no time been licensed under the '806 patent.
`
`Defendants have infringed and continue to infringe one or more claims of the ‘806
`Defendants have infringed and continue to infringe one or more claims of the '806
`
`patent, literally and/or under the doctrine of equivalents, by their manufacture, use, sale,
`patent, literally and/or under the doctrine of equivalents, by their manufacture, use, sale,
`
`importation, and/or offer for sale of certain lawn mowers that embody one or more claims of the
`importation, and/or offer for sale of certain lawn mowers that embody one or more claims of the
`
`‘806 patent, including but not limited to the following lawn mower products: RY40108 and
``806 patent, including but not limited to the following lawn mower products: RY40108 and
`
`RY40109.
`RY40109.
`
`30.
`30.
`
`By way of example, Claim 1 of the ‘806 patent recites as follows:
`By way of example, Claim 1 of the '806 patent recites as follows:
`
`A gardening tool, comprising:
`A gardening tool, comprising:
`a main body at least having a functional accessory and a motor for driving the functional
`a main body at least having a functional accessory and a motor for driving the functional
`accessory;
`accessory;
`a handle rotatably connected to the main body and at least having one operation assembly
`a handle rotatably connected to the main body and at least having one operation assembly
`for being operated by a user to control the motor when the handle is located in a
`for being operated by a user to control the motor when the handle is located in a
`predetermined position; and
`predetermined position; and
`a control system for preventing the motor from being controlled by the operation assembly
`a control system for preventing the motor from being controlled by the operation assembly
`and halting the motor when the handle is located out of the predetermined position, the
`and halting the motor when the handle is located out of the predetermined position, the
`control system comprising:
`control system comprising:
`a first control device configured to be controlled by the operation assembly, and
`a first control device configured to be controlled by the operation assembly, and
`
`- 7 -
`
`TTI
`Exhibit 1037 — Page 7
`
`TTI
`Exhibit 1037 – Page 7
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 8 of 31 PageID #: 8
`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 8 of 31 PagelD #: 8
`
`a second control device disposed at a position proximate to a shaft of the handle and
`a second control device disposed at a position proximate to a shaft of the handle and
`configured to be controlled according to the rotating position of the handle wherein
`configured to be controlled according to the rotating position of the handle wherein
`when the handle rotates to the designated position relative to the main body, the
`when the handle rotates to the designated position relative to the main body, the
`second control device unlocks the first control device so that the first control device
`second control device unlocks the first control device so that the first control device
`allows starting of the motor, and when the handle rotates to a position other than
`allows starting of the motor, and when the handle rotates to a position other than
`the designated position relative to the main body, the second control device locks
`the designated position relative to the main body, the second control device locks
`the first control device so that the first control device is not allowed to start the
`the first control device so that the first control device is not allowed to start the
`motor, and
`motor, and
`wherein the second control device comprises at least one of a switch connected to
`wherein the second control device comprises at least one of a switch connected to
`the power supply circuit or a signal source device for sending a control signal to the
`the power supply circuit or a signal source device for sending a control signal to the
`power supply circuit.
`power supply circuit.
`
`Defendants’ RY40108 and RY40109 lawn mower products include each and every
`31.
`31. Defendants' RY40108 and RY40109 lawn mower products include each and every
`
`
`
`limitation of one or more claims of the ‘806 patent, including at least Claim 1.
`limitation of one or more claims of the '806 patent, including at least Claim 1.
`
`32.
`32.
`
`By way of example, Defendants’ RY40108 and RY40109 lawn mowers meet each
`By way of example, Defendants' RY40108 and RY40109 lawn mowers meet each
`
`and every limitation of Claim 1 of the ‘806 patent as shown below:
`and every limitation of Claim 1 of the '806 patent as shown below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 8 -
`
`TTI
`Exhibit 1037 — Page 8
`
`TTI
`Exhibit 1037 – Page 8
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 9 of 31 PageID #: 9
`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 9 of 31 PagelD #: 9
`
`RY40108 and RY40109 – ‘806 Patent, Claim 1
`RY40108 and RY40109 — '806 Patent, Claim 1
`operation assembly 2 (connected to
`first control device)
`
`level-1 handle 1
`
`Phskakitedi
`
`Fig.1b
`safe switch (connected t
`second control device)
`in a first state
`main body 7
`
`Fig.2a
`
`shaft 5 of the handle
`
`rotate to the"
`main body
`
`Fig.2b
`safety switch3 (connected to
`second control device) in a
`second state
`locking mechanism 4
`
`Fig.1 a
`
`first control device
`
`second control device
`
`
`
`Fig.3a
`
`locking mechanism
`
`safety
`switc h
`
`
`
`
`
`-9
`
`TTI
`Exhibit 1037 — Page 9
`
`TTI
`Exhibit 1037 – Page 9
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 10 of 31 PageID #: 10
`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 10 of 31 PagelD #: 10
`
`A gardening tool, comprising:
`A gardening tool, comprising:
`
`
`
`
`a main body at least having a functional
`a main body at least having a functional
`accessory and a motor for driving the
`accessory and a motor for driving the
`functional accessory;
`functional accessory;
`a handle rotatably connected to the main
`a handle rotatably connected to the main
`body and at least having one operation
`body and at least having one operation
`assembly for being operated by a user to
`assembly for being operated by a user to
`control the motor when the handle is located
`control the motor when the handle is located
`in a predetermined position;
`in a predetermined position;
`
`and a control system for preventing the motor
`and a control system for preventing the motor
`from being controlled by the operation
`from being controlled by the operation
`assembly and halting the motor when the
`assembly and halting the motor when the
`handle is located out of the predetermined
`handle is located out of the predetermined
`position,
`position,
`the control system comprising:
`the control system comprising:
`
`a first control device configured to be
`a first control device configured to be
`controlled by the operation assembly,
`controlled by the operation assembly,
`
`and a second control device disposed at a
`and a second control device disposed at a
`position proximate to a shaft of the handle
`position proximate to a shaft of the handle
`and configured to be controlled according to
`and configured to be controlled according to
`the rotating position of the handle,
`the rotating position of the handle,
`
`wherein when the handle rotates to the
`wherein when the handle rotates to the
`designated position relative to the main body,
`designated position relative to the main body,
`the second control device unlocks the first
`the second control device unlocks the first
`control device so that the first control device
`control device so that the first control device
`allows starting of the motor,
`allows starting of the motor,
`
`and when the handle rotates to the designated
`and when the handle rotates to the designated
`position relative to the main body, the second
`position relative to the main body, the second
`control device unlocks the first control
`control device unlocks the first control
`device so that the first control device is not
`device so that the first control device is not
`allowed to start the motor,
`allowed to start the motor,
`
`Fig. 1a shows a gardening tool:
`Fig. 1 a shows a gardening tool:
`
`
`
`The gardening tool has a main body at least
`The gardening tool has a main body at least
`having a mowing blade and a motor for driving
`having a mowing blade and a motor for driving
`the mowing blade.
`the mowing blade.
`Fig. 1a and Fig. 2a show the gardening tool has
`Fig. la and Fig. 2a show the gardening tool has
`a handle 1 rotatably connected to the main body
`a handle 1 rotatably connected to the main body
`and has one operation assembly 2 for being
`and has one operation assembly 2 for being
`operated by a user to control the motor when a
`operated by a user to control the motor when a
`handle is located in a safety position (the
`handle is located in a safety position (the
`position shown in Fig. 1a and Fig. 1b).
`position shown in Fig. la and Fig. lb).
`
`Fig. 1a shows the gardening tool has a control
`Fig. la shows the gardening tool has a control
`system for preventing the motor from being
`system for preventing the motor from being
`controlled by the operation assembly 2 and
`controlled by the operation assembly 2 and
`halting the motor when the handle is located
`halting the motor when the handle is located
`out of the safety position.
`out of the safety position.
`The gardening tool inherently has a control
`The gardening tool inherently has a control
`system
`system
`The control system inherently has a first control
`The control system inherently has a first control
`device configured to be controlled by the
`device configured to be controlled by the
`operation assembly 2.
`operation assembly 2.
`Fig. 2b shows the control system has a safety
`Fig. 2b shows the control system has a safety
`switch 3 (a second control device) disposed at a
`switch 3 (a second control device) disposed at a
`position proximate to a shaft 5 of the handle
`position proximate to a shaft 5 of the handle
`and configured to be controlled according to
`and configured to be controlled according to
`the rotating position of the handle 1.
`the rotating position of the handle 1.
`Fig. 3a shows when the handle 1 rotates to the
`Fig. 3a shows when the handle 1 rotates to the
`safety position relative to the main body and
`safety position relative to the main body and
`the safety switch 3 is pressed by an end portion
`the safety switch 3 is pressed by an end portion
`of the handle 1, the second control device
`of the handle 1, the second control device
`unlocks the first control device so that the first
`unlocks the first control device so that the first
`control device allows starting of the motor.
`control device allows starting of the motor.
`When the handle 1 rotates to a position (the
`When the handle 1 rotates to a position (the
`position shown in Fig. 2a and Fig. 2b) other
`position shown in Fig. 2a and Fig. 2b) other
`than the safety position relative to the main
`than the safety position relative to the main
`body, the safety switch 3 is not pressed or
`body, the safety switch 3 is not pressed or
`contacted by the end portion of the handle 1 so
`contacted by the end portion of the handle 1 so
`that the second control device locks the first
`that the second control device locks the first
`control device (meaning the first control device
`control device (meaning the first control device
`is not allowed to start the motor).
`is not allowed to start the motor).
`
`- 10 -
`
`TTI
`Exhibit 1037 — Page 10
`
`TTI
`Exhibit 1037 – Page 10
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 11 of 31 PageID #: 11
`Case 1:19-cv-01293-UNA Document 1 Filed 07/11/19 Page 11 of 31 PagelD #: 11
`
`and wherein the second control device
`and wherein the second control device
`comprises at least one of a switch connected
`comprises at least one of a switch connected
`to the power supply circuit or a signal source
`to the power supply circuit or a signal source
`device for sending a control signal to the
`device for sending a control signal to the
`power supply circuit.
`power supply circuit.
`
`Fig. 2b shows the safety switch 3 is a signal
`Fig. 2b shows the safety switch 3 is a signal
`source device for sending a control signal to the
`source device for sending a control signal to the
`power supply circuit.
`power supply circuit.
`
`Defendants’ infringement o