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47-606: Invented in its current form in early 2013, the device is the subject of complex patent disputes . Volume manufacture started in China in 2014 and early units were prone to catching fire due to an overheating battery which resulted in product recalls in 2016, including over 500,000 units sold in the United States by eight manufacturers. There have been 23 official recalls since 2016, affecting around 1,115,200 units in total. Shane Chen , an Chinese businessman and founder of Inventist filed

94-467: A pejorative term to describe those that infringe a patent and refuse to acknowledge the priority of the inventor . Samuel F. B. Morse , inventor of the telegraph , for example, complained in a letter to friend in 1848 I have been so constantly under the necessity of watching the movements of the most unprincipled set of pirates I have ever known, that all my time has been occupied in defense, in putting evidence into something like legal shape that I am

141-411: A court might rule on its validity or enforceability. Validity opinions are often sought before litigation related to a patent. The average cost of a validity opinion (according to one 2007 survey) is over $ 15,000, with an infringement analysis adding $ 13,000. The cost of these opinions for U.S. patents can run from tens to hundreds of thousands of dollars (or more) depending upon the particular patent,

188-512: A feasible insurance scheme. Instead, only a mandatory scheme was considered to be viable in order to provide the economic and technical benefits to the EU and individual patentees which would arise from a widespread PLI scheme. In Australia, a patent infringement occurs when a person, who is not the patentee, exploits or authorises another person to exploit the patent in question. 'Exploit' in this context includes: In Canada , patents are governed by

235-651: A patent for a device of this type in February 2013 and launched a Kickstarter fund-raising campaign in May 2013. The devices' increasing popularity in USA has been attributed, initially, to endorsement by the wide array of celebrities (including Justin Bieber , Jamie Foxx , Kendall Jenner , Chris Brown , Soulja Boy and Wiz Khalifa ). The founders of the American company PhunkeeTree encountered

282-419: A patent holder to show that (1) the infringing activities occurred after the publication of the patent application, (2) the patented claims are substantially identical to the claims in the published application, and (3) the infringer had "actual notice" of the published patent application. Patent infringement cases are decided exclusively by Federal, rather than by State, courts. A court can impose one or more of

329-514: A patent infringement action is highly likely to influence the commercial conduct of the person threatened, which is why the law of some countries, including the UK, provides that the making of a groundless threat to sue is, within certain carefully prescribed limits, an actionable wrong in itself." This however is not the case in the United States. Checked luggage Checked baggage is luggage delivered to an airline or train for transportation in

376-426: A patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other countries may be free to exploit the patented invention in their country. The scope of protection may vary from country to country, because the patent is examined – or in some countries not substantively examined – by

423-450: A patent is usually a question of fact . Canada is considered to be more friendly for rights holders in pursuing patent claims than in the United States, due to significant differences between the two jurisdictions: In Europe , national courts are competent for adjudicating patent infringement of national patents, national parts of European patents and Eurasian patents when the infringement takes place on their territory. Jurisdiction

470-424: A patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. In other words, patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in

517-581: A precautionary measure, the DOH and DTI-Consumer Protection Group therefore advise parents against buying hoverboards for children under 14 years of age.” In May 2016, the miniPRO produced by Segway Inc. received UL certification, as did a company in Shenzhen, China. In June 2016, after safety improvements in design, the UL-approved Swagtron was launched in the United States. In March 2017, a self-balancing board

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564-463: A third party from the risks of inadvertently infringing a patent. In June 2006, a Study for the European Commission on the feasibility of possible insurance schemes against patent litigation risks was published. The report concluded that the continuation of the status quo with very little, disproportionately expensive, bespoke patent litigation insurance (PLI) would not meet any objectives for

611-448: Is a search done on issued patents or on pending patent applications to determine if a product or process infringes any of the claims of the issued patents or pending patent applications. A clearance search may also include expired art that acts as a 'safe harbor' permitting the product or process to be used based on patents in the public domain. These searches are often performed by one or more professional patent searchers who are under

658-412: Is called "passenger-baggage reconciliation" and is accomplished automatically through two commercially available systems. The security presumption of passenger-baggage reconciliation is that terrorists will not want to kill themselves, and will not board an aircraft if they have caused a bomb to be placed in its hold. This presumption does not hold true of suicide bombers . Unaccompanied suitcases led to

705-663: Is determined for the countries in the European Economic Area by the Brussels regime , which means that for those countries also the court of the residence of the infringer is competent. For the 17 countries participating in the Unified Patent Court (UPC), that court is competent for European patents in the same way as the national courts are, unless they are opted out . The UPC is furthermore competent for hearing cases regarding infringement of unitary patents , alongside

752-484: Is liable for that infringement. Types of "indirect infringement" include "contributory infringement" and "induced infringement." No infringement action may be started until the patent is issued. However, pre-grant protection is available under 35 U.S.C.   § 154 (d), which allows a patent owner to obtain reasonable royalty damages for certain infringing activities that occurred before patent's date of issuance. This right to obtain provisional damages requires

799-492: The Patent Act , and the rights of a patent holder are summarized at s. 42: 42 . Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall, subject to this Act, grant to the patentee and the patentee's legal representatives for the term of the patent, from the granting of the patent, the exclusive right, privilege and liberty of making, constructing, using

846-480: The hold of an aircraft , storage on a coach bus or baggage car of a passenger train . Checked baggage is inaccessible to the passenger during the flight or ride, as opposed to carry-on baggage . This baggage is limited by airlines with regard to size, weight, and number, usually dependent upon the fare paid, or class of ticket. Baggage exceeding the limits is regarded as excess baggage . Every airline has its own policies with regard to baggage allowance . Often

893-411: The patent office in each country or region and may be subject to different patentability requirements. Typically, a party (other than the patentee or licensee of the patentee) that manufactures, imports, uses, sells, or offers for sale patented technology without permission/license from the patentee, during the term of the patent and within the country that issued the patent, is considered to infringe

940-536: The City, FreeGo settled with Segway. The use of the term " hoverboard " to describe these devices, despite the fact that they do not hover, has led to considerable discussion in the media. The first use of the term for can be traced back to a 1967 science fiction novel by M. K. Joseph and subsequently popularized in the 1989 film, Back to the Future Part II where Marty McFly uses one after traveling to 2015. While

987-621: The EEA courts of non-UPC countries (eg Spain, Norway) if the defendant has his residence/place of business there. The Indian Patents Act 1970 does not specifically define activities that constitute infringement of patents. However, the following acts are deemed to be infringements according to the Patent Act: Infringement under the patent law in Japan is defined by Article 68 and Article 101 of Patent Act (Act No. 121 of 1959). Article 68 sets out

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1034-606: The board at the Hong Kong Electronics Show in 2014 and became involved in its distribution shortly thereafter. By June 2015, the board was being made by several manufacturers, mainly in the Shenzhen region of China. In January 2015 through Inventist, he announced his intention to pursue litigation In April 2015, Ninebot, a significant manufacturer of devices acquired Segway Inc. (which separately asserted that it holds patents for self-balancing scooters.) in order to resolve

1081-489: The boards, regarding possible faulty wiring. Many airlines banned the transportation of the boards, both as stored or carry-on luggage . The US Consumer Product Safety Commission (CPSC) launched an investigation into the safety of the device in late 2015 and determined that the lithium-ion battery packs in the self-balancing scooters/hoverboards could overheat and posed a risk of catching fire or exploding, and that defects had led to 60 fires in over 20 states. In July 2016

1128-445: The claims of one or more issued patents or pending patent applications. Clearance opinions may be done in combination with a "validity and enforceability" opinion. A validity and enforceability opinion is a legal opinion as to whether a given patent is valid and/or enforceable. In other words, a validity opinion is a legal opinion or letter in which a patent attorney or patent agent analyzes an issued patent and provides an opinion on how

1175-505: The commission ordered the recall of over 500,000 units from eight manufacturers. The Swagway model X1 constituted the majority of the recalled "hoverboards," at 267,000 units. In January 2016, the Philippine Department of Health and Trade and Industry issued a joint advisory cautioning the public against buying them, due to reports of injuries and "potential electrocution connected with its usage". The advisory also stated “as

1222-412: The cost is included in the ticket price. According to the rules of most air transportation authorities, such as the U.S. Federal Aviation Administration and European Union 's Joint Aviation Authorities , should passengers flying internationally with checked baggage fail to arrive at the departure gate before the flight is closed, that person's baggage must be retrieved from the aircraft hold before

1269-424: The direction of one or more patent attorneys . Clearance searches may also be performed on a regular basis (e.g., monthly) if an individual is concerned about patenting activity in a particular industry or with respect to a particular product. A clearance search can be followed by a clearance opinion , i.e. a legal opinion provided by one or more patent attorneys as to whether a given product or process infringes

1316-645: The dispute. In May, Chen voiced his frustrations regarding patent rights in China. In August 2015, Mark Cuban announced plans to purchase the Hovertrax patents from Chen. Many of the units provided in the first year of manufacture were defective and likely to catch fire, resulting in a major product recall from multiple manufacturers during 2016 (more details below). In June 2016 the U.S. International Trade Commission issued an injunction for patent infringement against UPTECH, U.P. Technology, U.P. Robotics, FreeGo China, EcoBoomer, and Roboscooters. Robstep, INMOTION, Tech in

1363-404: The downing of four flights, when a bomb inside the suitcase exploded: Spare lithium-ion batteries, inclusive of battery packs and powerbanks are not allowed on checked-in luggage. Excess baggage is the amount of baggage that is in excess of the free allowance in size, number, or weight permitted for the journey. At the carrier's discretion, this may be carried at an extra charge, but no guarantee

1410-474: The first trademarked use of hoverboard was registered in 1996 as a collecting and trading game, its first use as a commercial name representing a wheeled scooter was in 1999, and Guinness World Records lists a farthest hoverboard flight entry. In September 2015 the Oxford English Dictionary stated in their view the term had not been in use in the context for long enough for inclusion and that for

1457-497: The flight is permitted to take off. For Singapore, passengers with prohibited items are required to take it out from the bags retrieved at the check-in counter, failing which the baggage will be flagged with prohibited items and will be dumped away before boarding. In the United States, this does not apply to domestic flights since all bags are required to go through explosive detection machines (EDS) prior to loading. Making sure passengers board flights onto which they have checked baggage

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1504-468: The following remedies: The Court issued this decision in order to reduce the impact of patent lawsuits initiated by non-practicing entities , such as patent trolls or universities acting like patent trolls. In the US there are safe harbor provisions to use a patented invention for the purposes of gathering data for a regulatory submission . Since the 1840s, the expression "patent pirate" has been used as

1551-659: The following types of infringement: Article 101 shows the following acts shall be deemed to constitute infringement of a patent right or an exclusive license: Infringement under United Kingdom patent law is defined by Section 60 of the UK Patents Act 1977 (as amended), which sets out the following types of infringement: In United States law, an infringement may occur where the defendant has made, used, sold, offered to sell, or imported an infringing invention or its equivalent . One also commits indirect infringement if he actively and knowingly induces another to infringe, and

1598-412: The following: The parties may also resolve their dispute in a settlement , which may involve a licensing agreement, such as a cross-licensing agreement. Private settlements may not always serve the public interest , "because litigating patent disputes to completion tends to generate positive externalities, by clarifying the limits of patent protection if the patent is upheld or encouraging wider use of

1645-411: The form of a license . The definition of patent infringement may vary by jurisdiction. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where

1692-432: The innovation if the patent is invalidated". In certain jurisdictions, there is a particular case of patent infringement called "indirect infringement." Indirect infringement can occur, for instance, when a device is claimed in a patent and a third party supplies a product which can only be reasonably used to make the claimed device. A clearance search, also called freedom-to-operate (FTO) search or infringement search,

1739-491: The invention and selling it to others to be used, subject to adjudication in respect thereof before any court of competent jurisdiction. By granting the patent holder the exclusive right, privilege and liberty of making, constructing, using, and selling the invention, the Act establishes that any other person making, constructing, using, or selling the patented invention is infringing that patent. Whether there has been an infringement of

1786-518: The inventor of the Electro-Magnetic Telegraph!! Would you have believed it ten years ago that a question could be raised on that subject? The term "pirate" has also been used to describe patent owners that vigorously enforce their patents. Thus whether one deliberately infringes a patent or whether one vigorously enforces a patent, they may be referred to as a pirate by those that feel they are overstepping their bounds. "A threat to bring

1833-492: The motors automatically engage the gyroscope in the opposite direction. This way, when the rider leans forward or backward the board is always attempting to level itself, making it easier to ride than its 2016 predecessors. There were many instances of units catching fire, with claims that they were responsible for numerous residential fires between late 2015 into 2016. In the United Kingdom, authorities expressed concerns with

1880-462: The number of defenses and prior art references, the length of the prosecution file history, and the complexity of the technology in question. An exculpatory opinion (setting forth reasons the patent is not infringed, or providing other defenses such as prior use, intervening rights, or prior invention) is also possible. Patent infringement insurance is an insurance policy provided by one or more insurance companies to protect either an inventor or

1927-417: The patent. To determine if a patent has been infringed, a specific test is used. The test varies from country to country, but in general it requires that the infringing party's product (or method, service, and so on) falls within one or more of the (independent) claims of the patent. The process employed involves "reading" a claim onto the technology of interest. If all of the claim's elements are found in

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1974-434: The policy is also dependent on where the flight goes to or comes from. Tickets executed by multiple airlines may have different rules. Usually the exact conditions of a specific booking are mentioned in the ticket information online. On short-haul internal flights in the US and Canada, with some exceptions, checked baggage is no longer complimentary with most discounted economy tickets , and must be paid for in addition to

2021-425: The speed and direction of travel achieving speeds from 6 to 15 miles per hour (9.7 to 24 km/h) with a range of up to 15 miles (24 km) dependent on model, terrain, rider weight and other factors. As with most wheeled vehicles where the rider is exposed, Consumer Reports has recommended that users wear appropriate safety gear while using them. In 2019, hoverboards now feature a self balancing mode, in which

2068-440: The technology, the claim is said to "read on" the technology; if a single element from the claim is missing from the technology, the claim does not literally read on the technology and the technology generally does not infringe the patent with respect to that claim, except if the doctrine of equivalents is considered applicable. In response to allegations of infringement, an accused infringing party typically asserts one or more of

2115-533: The ticket price; a passenger generally has to hold a higher or full fare economy ticket, travel in a premium cabin, hold elite status on an airline, or an airline credit card to be afforded complimentary checked baggage. For long-haul and transoceanic flights, checked baggage is included as standard. Low-cost carriers such as Ryanair in Europe and AirAsia in Asia charge for checked baggage, whilst for full-service airlines

2162-418: The time being they would restrict their description to boards "that Marty McFly would recognize". The term "self-balancing electric scooter" remains popular. The device has three 6.5 inches (170 mm), 8 inches (200 mm), 10 inches (250 mm) diameter wheel variants connected to a self-balancing control mechanism using built-in gyroscopic and a sensor pad. By tilting the pad the rider can control

2209-587: Was found to be the cause for a fire that killed two children in Harrisburg . In 2018, a self-balancing board was blamed for a fire that severely damaged a Michigan home. In March 2023, a self-balancing board was recalled for causing an April 2022 fire in Hellertown, Pennsylvania that killed two sisters. Patent infringement Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes

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