Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 1 of 49 PageID #: 961
`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 1 of 49 PagelD #: 961
`
`
`
`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 (HK) LIMITED,
`CHERVON NORTH AMERICA INC.,
`CHERVON NORTH AMERICA INC.,
`
`
`Plaintiffs,
`Plaintiffs,
`
`
`
`
`C.A. No.: 19-1293-LPS
`C.A. No.: 19-1293-LPS
`
`
`Jury Trial Demanded
`Jury Trial Demanded
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`ONE WORLD TECHNOLOGIES, INC.,
`ONE WORLD TECHNOLOGIES, INC.,
`TECHTRONIC INDUSTRIES CO. LTD,
`TECHTRONIC INDUSTRIES CO. LTD,
`HOMELITE CONSUMER PRODUCTS,
`HOMELITE CONSUMER PRODUCTS,
`INC.
`INC.
`
`
`Defendants.
`Defendants.
`
`v.
`v.
`
`
`
`
`
`
`SECOND AMENDED COMPLAINT
`SECOND AMENDED COMPLAINT
`
`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., Techtronic Industries Co. Ltd., and Homelite
`Defendants One World Technologies, Inc., Techtronic Industries Co. Ltd., and Homelite
`
`Consumer Products, Inc. (collectively “Defendants”) hereby allege as follows:
`Consumer Products, Inc. (collectively "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 nine patents relating to
`United States, 35 U.S.C. § 1 et seq. Plaintiffs assert infringement of nine patents relating to
`
`technology embodied by their EGO brand of lawn mowers, including but not limited to the EGO
`technology embodied by their EGO brand of lawn mowers, including but not limited to the EGO
`
`Power+ Mower Model No. LM2100SP.
`Power+ Mower Model No. LM2100SP.
`
`PARTIES
`PARTIES
`
`2.
`2.
`
`Plaintiff Chervon (HK) Limited (“Chervon HK”) is a Hong Kong company
`Plaintiff Chervon (HK) Limited ("Chervon HK") is a Hong Kong company
`
`having a place of business at Room 803B, 8/F Allied Kajima Building, 138 Gloucester Road,
`having a place of business at Room 803B, 8/F Allied Kajima Building, 138 Gloucester Road,
`
`Wan Chai, Hong Kong.
`Wan Chai, Hong Kong.
`
`- 1 -
`- 1 -
`
`TTI
`Exhibit 1038 - Page 1
`
`TTI
`Exhibit 1038 – Page 1
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 2 of 49 PageID #: 962
`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 2 of 49 PagelD #: 962
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`
`
`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 primary place of business at 1203 East
`under the laws of the State of Delaware with its primary 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
`World") is a corporation organized under the laws of the State of Delaware with its principal
`
`place of business at 100 Innovation Way, Anderson, South Carolina 29621.
`place of business at 100 Innovation Way, Anderson, South Carolina 29621.
`
`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 28/F and & 29/F, Tower 2,
`Hong Kong corporation with its principal place of business located at 28/F and & 29/F, Tower 2,
`
`Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung, Hong Kong.
`Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung, Hong Kong.
`
`6.
`6.
`
`On information and belief, Defendant Homelite Consumer Products, Inc.
`On information and belief, Defendant Homelite Consumer Products, Inc.
`
`(“Homelite”) is a corporation organized under the laws of the State of Delaware with its
`("Homelite") is a corporation organized under the laws of the State of Delaware with its
`
`principal place of business at 100 Innovation Way, Anderson, South Carolina 29621.
`principal place of business at 100 Innovation Way, Anderson, South Carolina 29621.
`
`7.
`7.
`
`Defendants and/or their subsidiaries and affiliates make, sell, offer for sale in the
`Defendants and/or their subsidiaries and affiliates make, sell, offer for sale in the
`
`United States, and/or import into the United States, lawn mowers and other power tools under
`United States, and/or import into the United States, lawn mowers and other power tools under
`
`the name Ryobi.
`the name Ryobi.
`
`JURISDICTION AND VENUE
`JURISDICTION AND VENUE
`
`8.
`8.
`
`9.
`9.
`
`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
`in business within this District, Defendants have committed acts of infringement in violation of
`
`35 U.S.C. § 271, and Defendants have placed infringing products into the stream of commerce,
`35 U.S.C. § 271, and Defendants have placed infringing products into the stream of commerce,
`
`through an established distribution channel, with the knowledge and/or understanding that such
`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 to
`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.
`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
`
`- 2 -
`- 2 -
`
`TTI
`Exhibit 1038 - Page 2
`
`TTI
`Exhibit 1038 – Page 2
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 3 of 49 PageID #: 963
`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 3 of 49 PagelD #: 963
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`
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`District. Defendants expect or should reasonably expect their actions to have consequences
`District. Defendants expect or should reasonably expect their actions to have consequences
`
`within this District and Defendants derive substantial revenue from interstate commerce.
`within this District and Defendants derive substantial revenue from interstate commerce.
`
`10.
`As to One World, venue is proper in this District under 28 U.S.C. §§ 1391 and
`10. 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
`1400(b) because, among other reasons, One World resides in this district through its
`
`incorporation in this District and One World has committed acts of infringement in this District.
`incorporation in this District and One World has committed acts of infringement in this District.
`
`11.
`As to TTI, venue is proper in this district under 28 U.S.C. § 1391 because TTI is a
`11. 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.
`
`12.
`As to Homelite, venue is proper in this District under 28 U.S.C. §§ 1391 and
`12. As to Homelite, venue is proper in this District under 28 U.S.C. §§ 1391 and
`
`1400(b) because, among other reasons, Homelite resides in this district through its incorporation
`1400(b) because, among other reasons, Homelite resides in this district through its incorporation
`
`in this District and Homelite has committed acts of infringement in this District.
`in this District and Homelite has committed acts of infringement in this District.
`
`BACKGROUND
`BACKGROUND
`
`In 1982, the U.S. Consumer Product Safety Commission (“CPSC”) enacted a
`In 1982, the U.S. Consumer Product Safety Commission ("CPSC") enacted a
`
`13.
`13.
`
`federal safety standard for lawn mowers, 16 C.F.R. § 1205. The CPSC enacted the standard in
`federal safety standard for lawn mowers, 16 C.F.R. § 1205. The CPSC enacted the standard in
`
`an effort to reduce injuries to people coming in contact with the moving blades of lawn mowers.
`an effort to reduce injuries to people coming in contact with the moving blades of lawn mowers.
`
`See, e.g., https://www.cpsc.gov/Newsroom/News-Releases/1982/CPSC-Turns-Down-Petition-
`See, e.g., haps ://www. cpsc.gov/Newsroom/News-Releases/1982/CPSC-Turns-Down-Petition-
`
`To-Postpone-Effective-Date-Of-Power-Lawn-Mower-Standard.
`To-Postpone-Effective-Date-Of-Power-Lawn-Mower-Standard.
`
`14.
`14.
`
`All walk-behind power lawn mowers now must meet mandatory safety
`All walk-behind power lawn mowers now must meet mandatory safety
`
`requirements designed to reduce injuries resulting from a person contacting the moving blade of
`requirements designed to reduce injuries resulting from a person contacting the moving blade of
`
`a lawn mower. New lawn mowers must have a certification label with the inscription, “Meets
`a lawn mower. New lawn mowers must have a certification label with the inscription, "Meets
`
`CPSC blade safety requirements.” 16 C.F.R. § 1205.35.
`CPSC blade safety requirements." 16 C.F.R. § 1205.35.
`
`15.
`15.
`
`In addition to the standard, the CPSC continued its efforts to reduce blade contact
`In addition to the standard, the CPSC continued its efforts to reduce blade contact
`
`injuries through recalls. For example, in 1995, CPSC and Ryobi Outdoor Products announced a
`injuries through recalls. For example, in 1995, CPSC and Ryobi Outdoor Products announced a
`
`voluntary recall of 20,000 battery-powered and corded lawn mowers after discovering their
`voluntary recall of 20,000 battery-powered and corded lawn mowers after discovering their
`
`- 3 -
`- 3 -
`
`TTI
`Exhibit 1038 - Page 3
`
`TTI
`Exhibit 1038 – Page 3
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 4 of 49 PageID #: 964
`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 4 of 49 PagelD #: 964
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`
`
`mowers’ starter button may stick in the ‘on’ position, and, as a result, users could be injured by
`mowers' starter button may stick in the 'on' position, and, as a result, users could be injured by
`
`the moving mower
`the moving mower
`
`blade.
`blade.
`
`
`
`Release
`Release
`
`#95-173,
`#95-173,
`
`September
`September
`
`25,
`25,
`
`1995,
`1995,
`
`https://www.cpsc.gov/Recalls/1995/CPSC-And-Ryobi-Announce-Lawn-Mower-Recall.
`haps ://www. cp sc . gov/Re calls/1995/CP SC-And-Ryobi-Announce-Lawn-Mower-Recall.
`
`16.
`16.
`
`Despite the CPSC standard and its other efforts to reduce injuries, tens of
`Despite the CPSC standard and its other efforts to reduce injuries, tens of
`
`thousands of people were treated in hospital emergency rooms annually for walk-behind power
`thousands of people were treated in hospital emergency rooms annually for walk-behind power
`
`mower injuries from 2013-2015. A need existed for lawn mowers with additional safety features
`mower injuries from 2013-2015. A need existed for lawn mowers with additional safety features
`
`and mechanisms to attempt to reduce injuries to users.
`and mechanisms to attempt to reduce injuries to users.
`
`COUNT I
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 9,060,463
`INFRINGEMENT OF U.S. PATENT NO. 9,060,463
`
`17.
`17.
`
`Plaintiffs repeat and re-allege each and every allegation of the foregoing
`Plaintiffs repeat and re-allege each and every allegation of the foregoing
`
`paragraphs as though fully set forth herein.
`paragraphs as though fully set forth herein.
`
`18.
`18.
`
`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.
`
`19.
`19.
`
`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.
`
`20.
`20.
`
`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.
`
`21.
`21.
`
`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.
`
`22.
`22.
`
`Defendants have at no time been licensed under the ‘463 patent.
`Defendants have at no time been licensed under the '463 patent.
`
`- 4 -
`- 4 -
`
`TTI
`Exhibit 1038 - Page 4
`
`TTI
`Exhibit 1038 – Page 4
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 5 of 49 PageID #: 965
`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 5 of 49 PagelD #: 965
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`
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`23.
`23.
`
`Defendants have infringed and continue to infringe one or more claims of the
`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,
``463 patent, literally and/or under the doctrine of equivalents, by their manufacture, use, sale,
`
`importation, and/or offer for sale of certain lawn mowers and other power tools that embody one
`importation, and/or offer for sale of certain lawn mowers and other power tools that embody one
`
`or more claims of the ‘463 patent, including but not limited to the following lawn mower
`or more claims of the '463 patent, including but not limited to the following lawn mower
`
`products: RY40108; RY40109; RY40LM03; RY40LM10-Y.
`products: RY40108; RY40109; RY4OLM03; RY4OLM10-Y.
`
`24.
`24.
`
`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
`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
`safety 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
`sleeve from a safety location and to reset the safety switch when the safety shift structure
`returns to the safety location.
`returns to the safety location.
`
`
`
`25.
`Defendants’ RY40108; RY40109; RY40LM03; and RY40LM10-Y lawn mower
`25. 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.
`
`26.
`26.
`
`By way of example, Defendants’ RY40108 and RY40109 lawn mowers meet
`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:
`each and every limitation of Claim 1 of the '463 patent as shown below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 5 -
`- 5 -
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`TTI
`Exhibit 1038 - Page 5
`
`TTI
`Exhibit 1038 – Page 5
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 6 of 49 PageID #: 966
`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 6 of 49 Pagel D #: 966
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`
`
`
`
`RY40108 and RY40109 – ‘463 Patent, Claim 1
`RY40108 and RY40109 — '463 Patent, Claim 1
`
`level-1 handle 1
`
`(,,•\ inner pipe 3
`
`safety shift structure 4
`
`slide
`
`trigger assembly 5
`
`pipe sleeve 2
`
`main body (cutter body) 7
`
`safety switch 6
`
`level-1 handle 1
`
`Fig.la
`
`
`
`inner pipe 3
`
`trigger assembly 5
`
`the pipe wall 31
`
`retract
`
`safety switch 6
`
`safety shift structure 4
`
`Fig.lb
`
`- 6 -
`-6
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`TTI
`Exhibit 1038 - Page 6
`
`TTI
`Exhibit 1038 – Page 6
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 7 of 49 PageID #: 967
`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 7 of 49 PagelD #: 967
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`
`
`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
`of the inner pipe is moved relative to the
`pipe sleeve from a safety location and
`pipe 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 equipped with
`each other, and the inner pipe 3 is equipped 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 configured
`sleeve 2, and the trigger assembly 5 is configured
`to trigger the safety switch 6 when the safety
`to trigger the safety switch 6 when the safety
`structure 4 of the inner pipe 3 is moved relative
`structure 4 of the inner pipe 3 is moved relative
`to the pipe sleeve 2 from a safety location.
`to the pipe sleeve 2 from a safety 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).
`27.
`Defendants’ infringement of the ‘463 patent is willful and deliberate, and entitles
`27. 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
`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 Plaintiffs’ initial
`began marking their commercial embodiments and/or at least as of the date of Plaintiffs' initial
`
`Complaint, Defendants have had knowledge of the ‘463 patent. Defendants have infringed and
`Complaint, Defendants 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
`continue to infringe the '463 patent despite a high likelihood that their actions constituted
`
`infringement.
`infringement.
`
`28.
`28.
`
`Plaintiffs have been injured and damaged by Defendants’ infringement of the
`Plaintiffs have been injured and damaged by Defendants' infringement of the
`
`‘463 patent. Defendants’ infringement has caused, and will continue to cause, irreparable harm
``463 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
`to Plaintiffs, for which Plaintiffs have no adequate remedies at law, unless and until enjoined by
`
`this Court.
`this Court.
`
`- 7 -
`- 7 -
`
`TTI
`Exhibit 1038 - Page 7
`
`TTI
`Exhibit 1038 – Page 7
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 8 of 49 PageID #: 968
`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 8 of 49 PagelD #: 968
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`
`
`COUNT II
`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 9,596,806
`INFRINGEMENT OF U.S. PATENT NO. 9.596.806
`
`29.
`29.
`
`Plaintiffs repeat and re-allege each and every allegation of the foregoing
`Plaintiffs repeat and re-allege each and every allegation of the foregoing
`
`paragraphs as though fully set forth herein.
`paragraphs as though fully set forth herein.
`
`30.
`30.
`
`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
`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
``806 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
`Office on March 21, 2017. A true and correct copy of the '806 patent is attached as Exhibit B
`
`and made a part hereof.
`and made a part hereof.
`
`31.
`31.
`
`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.
`
`32.
`32.
`
`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.
`
`33.
`33.
`
`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.
`
`34.
`34.
`
`35.
`35.
`
`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
`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,
``806 patent, literally and/or under the doctrine of equivalents, by their manufacture, use, sale,
`
`importation, and/or offer for sale of certain lawn mowers and other power tools that embody one
`importation, and/or offer for sale of certain lawn mowers and other power tools that embody one
`
`or more claims of the ‘806 patent, including but not limited to the following lawn mower
`or more claims of the '806 patent, including but not limited to the following lawn mower
`
`products: RY40108 and RY40109.
`products: RY40108 and RY40109.
`
`36.
`36.
`
`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;
`
`- 8 -
`- 8 -
`
`TTI
`Exhibit 1038 - Page 8
`
`TTI
`Exhibit 1038 – Page 8
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 9 of 49 PageID #: 969
`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 9 of 49 PagelD #: 969
`
`
`
`
`
`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
`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
`assembly and halting the motor when the handle is located out of the predetermined
`position, the control system comprising:
`position, the 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
`a second control device disposed at a position proximate to a shaft of the handle
`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
`and 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
`wherein 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
`body, the 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
`control device 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
`position other than 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
`control device locks the first control device so that the first control device is not
`allowed to start the motor, and
`allowed to start the 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 power supply circuit or a signal source device for sending a control signal to
`the power supply circuit.
`the power supply circuit.
`
`37.
`Defendants’ RY40108 and RY40109 lawn mower products include each and
`37. 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.
`every limitation of one or more claims of the '806 patent, including at least Claim 1.
`
`38.
`38.
`
`By way of example, Defendants’ RY40108 and RY40109 lawn mowers meet
`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:
`each and every limitation of Claim 1 of the '806 patent as shown below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 9 -
`- 9 -
`
`TTI
`Exhibit 1038 - Page 9
`
`TTI
`Exhibit 1038 – Page 9
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 10 of 49 PageID #: 970
`Case 1:19-cv-01293-LPS Document 45 Filed 04101120 Page 10 of 49 PagelD #: 970
`
`
`
`
`
`
`level-1 handle 1
`
`RY40108 and RY40109 – ‘806 Patent, Claim 1
`RY40108 and RY40109 — '806 Patent, Claim 1
`operation assembly 2 (connected to
`first control device)
`
`Fig.lb
`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
`
`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
`
`- 10 -
`-10-
`
`safety
`switch
`
`
`
`
`
`171
`Exhibit 1038 - Page 10
`
`TTI
`Exhibit 1038 – Page 10
`IPR2020-00885
`
`

`

`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 11 of 49 PageID #: 971
`Case 1:19-cv-01293-LPS Document 45 Filed 04/01/20 Page 11 of 49 PagelD #: 971
`
`
`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
`and a control system for preventing the
`motor
`from being controlled by
`the
`motor
`from being controlled by
`the
`operation assembly and halting the motor
`operation assembly and halting the motor
`when the handle is located out of the
`when the handle is located out of the
`predetermined position,
`predetermined 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
`designated position relative to the main
`body, the