Smarte Carte, Inc. v. Innovative Vending Sols.
| Decision Date | 28 February 2023 |
| Docket Number | 1:19-cv-08681-NLH-AMD |
| Parties | SMARTE CARTE INC. and CHARLES E. BAIN, Plaintiffs, v. INNOVATIVE VENDING SOLUTIONS, LLC, and INNOVATIVE STROLLERS, LLC, Defendants. INNOVATIVE VENDING SOLUTIONS, LLC, and INNOVATIVE STROLLERS, LLC, Counterclaimants, v. SMARTE CARTE INC., Counterclaim Defendant. |
| Court | U.S. District Court — District of New Jersey |
1
SMARTE CARTE INC. and CHARLES E. BAIN, Plaintiffs,
v.
INNOVATIVE VENDING SOLUTIONS, LLC, and INNOVATIVE STROLLERS, LLC, Defendants.
INNOVATIVE VENDING SOLUTIONS, LLC, and INNOVATIVE STROLLERS, LLC, Counterclaimants,
v.
SMARTE CARTE INC., Counterclaim Defendant.
No. 1:19-cv-08681-NLH-AMD
United States District Court, D. New Jersey
February 28, 2023
APPEARANCES:
RYAN W. O'DONNELL, ESQ. VOLPE AND KOENIG P.C. ANTHONY R. ZEULI, ESQ. MICHAEL A. ERBELE, ESQ. PETER S. SELNESS, ESQ. MERCHANT & GOULD P.C. On behalf of Plaintiffs Smarte Carte Inc., and Charles E. Bain.
CHRISTOPHER R. KINKADE, ESQ. KAREN A. CONFOY, ESQ. FRANK T. CARROLL, ESQ. JONATHAN R. LAGARENNE, ESQ. CALI R. SPOTA, ESQ. On behalf of Defendants Innovative Vending Solutions, LLC and Innovative Strollers, LLC.
OPINION
NOEL.L. HILLMAN, U.S.D.J.
This matter comes before the Court on the application for claim construction by Plaintiffs Smarte Carte Inc. (“Smarte Carte”) and Charles E. Bain (“Plaintiff Bain”) (collectively, “Plaintiffs”) and Defendants Innovative Vending Solutions, LLC (“IVS”) and Innovative Strollers, LLC (collectively, “Defendants”). The parties seek construction of five claim terms in U.S. Patent No. 7,434,674 (the “'674 Patent”), which involves a dispensing system for wheeled devices.
On April 24, 2020, the parties submitted their Joint Claim Construction and Prehearing Statement pursuant to Local Patent Rule 4.3. (ECF No. 73). The parties filed their opening briefs on June 16, 2020 (ECF Nos. 79, 80), and their responsive briefing on July 21, 2020 (ECF Nos. 85, 86). A Markman hearing was held on February 2, 2021. (See Minute Entry for proceedings, ECF No. 100; Transcript of Markman hearing, ECF No. 101). After careful consideration of the submissions by the parties and the record of the parties' arguments during the
Markman proceedings the Court construes the five disputed terms within the '674 Patent as set forth below.
BACKGROUND
Plaintiff Charles E. Bain invented a dispensing system for “wheeled devices” and received the '674 Patent for this invention on October 14, 2008. (ECF No. 1 at 3). On July 17, 2010, Plaintiff Bain entered into an exclusive license agreement with Nelson-Whitaker, Ltd. which was subsequently acquired by Plaintiff Smarte Carte. (Id.). Plaintiffs assert that Defendants have infringed the ‘674 patent through their commercial stroller dispensing system named "Zoomaroo.” (Id.).
I. THE '674 PATENT & DISPUTED TERMS
A. The '674 Patent
The '674 Patent titled "Dispensing System for a Wheeled Device” created a system where customers could select a specific wheeled device that was individually locked and released with a latch at the front of the wheeled device and are stored perpendicular to an unmanned dispenser. (ECF No. 79 at 4).
The '674 Patent lists three independent claims: independent claims 1 and 8 are asserted in the instant case, as are dependent claims 2, 3, and 9-11. (Id. at 6).
The invention claimed is:
1. A dispensing system for at least one wheeled device comprising
a) a main raceway having a plurality of docking ports extending therefrom:
b) the plurality of docking ports including at least a first docking port member and a second docking port member;
c) the first docking port member and the second docking port member being similar in structure;
d) the first docking port member having a receiving slot;
e) the at least one wheeled device having a receiving latch secured thereto, in order to permit the at least one wheeled device to be attached to or removed from the dispensing system;
f) the receiving slot accepting or releasing the receiving latch;
g) the first docking port member having a push-back mechanism thereby permitting the receiving latch releasably contained to be removed from the docking port;
h) a locking system being mounted in the first docking port member;
i) the main raceway having a main arm and at least two branch arms;
j) the at least two branch arms each having the locking system contained therein;
k) the at least two branch arms providing a cart raceway for the main raceway;
l) the cart raceway serving to guide the wheeled device into or out of the dispensing system;
m) the main raceway being positionable in a plurality of shapes; and n) the plurality of shapes for the main raceway serving to vary the position for at least the first docking port member and the second docking port member.
2. The dispensing system of claim 1 further comprising:
a) the main raceway having a main arm with each member of the at least two branch arms extending therefrom;
b) the main arm having a control end;
c) the control end having a control housing connected thereto; and
d) the control housing including an operating means.
3. The dispensing system of claim 2 further comprising:
a) the operating means including at least a first actuator button for the first docking port member and a second actuator button for the second docking port member,
b) the first actuator button permitting release of a member of the at least one wheeled device from the first docking port member, and
c) the control housing having the actuator button mounted therein along with a mechanical device or an electrical circuit to permit separation of the wheeled device from the at least two branch arms.
4. The dispensing system of claim 3 further comprising:
a) a latch assembly to cooperate with the dispensing system mounted on the wheeled device;
b) the latch assembly including a latch housing:
c) the latch housing including mounting flanges at a mounting end, thereby permitting the latch housing to be attached to the wheeled device; and
d) the receiving latch being oppositely disposed from the mounting flanges and being receivable by the docking port.
5. The dispensing system of claim 4 further comprising:
a) the mounting flanges extending into a guide plate;
b) the receiving latch including a locking aperture; and
c) the guide plate being positioned between the mounting flanges and the receiving latch.
6. The dispensing system of claim 5 further comprising:
a) at least the first actuator button for the first docking port member and the second actuation button for the second docking port member being operably connected to the docking port;
b) the push-back device serving to separate the wheeled device from the docking port;
c) the docking port including a Solenoid to operate a solenoid pin; and
d) the solenoid pin operating a strike plate to permit the strike plate to enter or leave the locking aperture as desired.
7. The dispensing system of claim 6 further comprising:
a) the main arm of the dispensing system and the at least two branch arms having docking ports on one or both sides of the raceway in order to facilitate convenient positioning of carts or to change the cart Volume within a given space; and
b) the docking ports having from a top view thereof in at least one layout selected from the group consisting of a linear structure, an L-shape, a T-shape, and an angled shape.
8. A method of dispensing at least one wheeled device from a selected area comprising:
a) providing a main raceway having a plurality of docking ports extending therefrom including at least a first docking port member and a second docking port member,
b) providing a receiving slot for at least the first docking port member and the second docking port member,
c) shaping the main raceway into a desired shape;
d) providing a plurality of shapes for the raceway serving to position the plurality of docking ports;
e) providing a receiving latch secured to at least the first docking port member and the second docking port member of the at least one wheeled device, in order to permit the at least one wheeled device to be attached to or removed from the receiving slot in at least the first docking port member or the second docking port member; and f) having the receiving slot cooperate with the receiving latch.
9. The method of claim 8 further comprising:
a) at least the first docking port member or the second docking port member of the plurality of docking ports having a pushback mechanism thereby permitting the receiving latch to be removed from the docking port;
b) a locking system being mounted in at least the first docking port member or the second docking port member of the plurality of docking ports;
c) the main raceway having a main arm and at least two branch arms;
d) at least the first docking port member or the second docking port member of the at least two branch arms having the locking system contained therein;
e) at least the first docking port member or the second docking port member of the at least two branch arms providing a cart raceway; and f) the cart raceway serving to guide the wheeled device into or out of the dispensing system.
10. The method of claim 9 further comprising:
a) the main raceway having the main arm with at least the first docking port member or the second docking port member of the at least two branch arms extending therefrom;
b) the main arm having a control end;
c) the control end having a control housing connected thereto; and
d) the control housing including an operating means.
11. The method of claim 10 further comprising: a) the operating means including an actuator button for at least the first docking port member or the second docking port member of the locking assembly: b) the actuator button permitting release of the at least one wheeled device; and c) the control housing having a set of actuator buttons mounted therein along with a mechanical device or an electrical circuit to permit separation of the wheeled device from...
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