Question
In June, 2012, Garden Co. filed a patent application with the United States Patent and Trademark Office (USPTO) for a lawnmower with a motor having
In June, 2012, Garden Co. filed a patent application with the United States Patent and Trademark Office ("USPTO") for a lawnmower with a motor having a safety mechanism for preventing users from gaining access to the grass-cutting blades while in operation. Garden Co. received a United States patent (the "patent") for the lawnmower in August, 2015. According to the patent, when the lawnmower is tilted off the ground, movement of the blades is immediately stopped. Thus, the lawnmower disclosed in the patent decreases the risk of injury to a user who might access the lawnmower blades and underside for example to make repairs. In January, 2016, Competitor Lawncare Co. ("Competitor") began making and selling lawnmowers incorporating safety features as described and claimed in Garden Co.'s patent. In September, 2017, Garden Co. sued Competitor for patent infringement. Competitor answered Garden Co.'s complaint with defenses of non-infringement and patent invalidity. In a motion to the district court, Competitor argues that the patent is not infringed because the only claim in the patent requires that the tilt of the lawnmower is determined by contact sensors in the wheels that sense whether the lawnmower wheels are in contact with the ground. Competitor's lawnmower determines tilt by continuously measuring the height of the front of the lawnmower off the ground as compared to the height of the back of the lawnmower off the ground. Competitor's lawnmower does not use a contact sensor. Competitor also argues that the patent is not infringed because the claim requires that movement of the blades of the lawnmower stop "immediately" upon the blades being tilted at least 20 degrees off the ground. Competitor's lawnmower takes 3 seconds to stop movement of the blades when tilted at least 20 degrees off the ground. Competitor further alleges that the patent claim is invalid in view of several prior art publications. The first publication ("first publication") was published in May, 2009 and discloses a lawnmower with blades that stop immediately when tilted. The second publication ("second publication") was published in February, 2011 and discloses a lawnmower with blades that stop moving after several seconds of being tilted at least 20 degrees off the ground. The third publication ("third publication") was published in February, 2006 and discloses a vacuum cleaner for which the suction to pick up dirt stops after 3 seconds from the time that the suction head of the vacuum cleaner is tilted at least 20 degrees off the ground. Tilt of the suction head is determined by contact sensors in the wheels that sense whether the wheels of the vacuum cleaner are in contact with the ground.
Please provide your answers to both of the following questions
1. Assess each of the non-infringement arguments of Competitor. 2. Assess whether each of the publications is prior art, and whether each publication renders the patent claim anticipated and/or obvious.
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