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24 August 2016Patents

Hoverboard designer takes Swagway to court

Hoverboard maker Swagway has been sued for patent infringement by fellow hoverboard designer Hangzhou Chic Intelligent Technology.

In a lawsuit filed at the US District Court for the Northern District of California on August 19, Hangzhou claimed that Swagway is infringing two of its patents by making and selling its own hoverboards.

The first patent, US number 9,376,155 and called “electric balance vehicle” was issued by the US Patent and Trademark Office (USPTO) on June 28 this year. The second, US number D737,723, and called “self-balancing vehicle”, was granted by the USPTO on September 1, last year.

This month, Hangzhou sent cease-and-desist letters to more than a dozen retailers that sell Swagway products.

According to Hangzhou, although some retailers complied others have continued to sell the infringing products.

This is the second lawsuit Hangzhou has initiated against Swagway, with the first filed in China in July this year.

In June, Hangzhou intercepted four containers of products that were trying to make their way through customs in the city of Shenzhen.

The products, exported by Chinese company Shenzhen Zhouwu Technology, bore the Swagway-owned trademark ‘Swagtron’ on both the scooters and packages.

The following month, Hangzhou discovered that Shenzhen had attempted to export infringing Swagway products for a second time when two batches consisting of 2,520 units were intercepted.

Hangzhou then filed a complaint against Zhouwu at the Shenzhen Intermediate People's Court.

The court accepted the case on July 12 and the case is proceeding according to court schedule.

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