Motion Pro v. Vevor - Complaint

Case 1:21-cv-03380-CMA-SKC Document 1 Filed 12/16/21 USDC Colorado Page 1 of 115
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No. ______________________
MOTION PRO, INC., a California Corporation
Plaintiff,
v.
VEVOR, INC., a Colorado Corporation,
Defendant(s).
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Motion Pro, Inc., (“Motion Pro”) brings this action for patent infringement seeking
damages and injunctive relief against Defendant Vevor, Inc. (“Vevor”), and hereby alleges through
its attorneys as follows:
NATURE OF ACTION
1. This is an action for patent infringement of United States Patent Nos. 9,731,565
(“the ’565 Patent”) and D721,556 (“the ’D556 Patent”) (collectively, “the Patents-in-Suit”)
implemented by Motion Pro, which designs and manufactures tools, cables, and controls for
motorcycles, ATVs, snowmobiles and personal watercraft. Motion Pro caters to motorcycle riding
and racing enthusiasts with a range of durable and unique repair and maintenance products. The
Patents-in-Suit encompass Motion Pro’s invention of the BeadPro Tire Bead Breaker and Level
Tool (the “BeadPro”)—an innovative, multi-use tire toolset that allows for easier and safer tire
repair and removal.
1
2. The BeadPro “takes the stress out of” changing a motorcycle tire. It features
integrated tire spoons for the removal of a tire from the wheel rim and crossguards that provide for
safer handling — protecting the user’s hand from slipping while applying leverage to a tire. Motion
Pro touts the size of its BeadPro as being “perfect for tool packs.”
3. Vevor is an online retailer that sells a variety of tools on its website, including a
brazen copy of Motion Pro’s BeadPro, which it markets as the Motorcycle Tire Iron. (the Vevor
“tire tool”).
4. Vevor describes its tire tool as a tool for “simple demounting” and “fast & efficient
tire changing” of motorcycle tires, featuring “tire changing spoons to remove and reinstall tires
with minimal fuss” and protective, flared hand guards. Vevor markets its tool as being the “perfect
size” for “easy carriage.”
5. The Vevor tire tool is sold at a substantial discount to the BeadPro. Google users
who search for the Motion Pro BeadPro are presented with shopping links and advertisements for
the identical but less expensive Vevor tire tool.
2
6. In addition to the Vevor website, Vevor’s tire tool is available for purchase at a
number of major online retailers, including Amazon, Aliexpress, eBay, and Walmart, as can be
seen in the table below.
3
https://www.amazon.com/VEVOR-Changing-
Motorcycle-Breaker-
Spoons/dp/B09K3TMJHQ/ref=sr_1_1_sspa?ke
ywords=vevor+tire&qid=1638221688&s=auto
motive&sr=1-1-
spons&psc=1&spLa=ZW5jcnlwdGVkUXVhbG
lmaWVyPUFGSzBRNUNEN0ZSMlMmZW5jc
nlwdGVkSWQ9QTA3NjU2NzAxSFBaUVFG
VFYzNlJNJmVuY3J5cHRlZEFkSWQ9QTAx
MDI0OTMxQVRXVzhOODkzSlc2JndpZGdld
E5hbWU9c3BfYXRmJmFjdGlvbj1jbGlja1JlZ
GlyZWN0JmRvTm90TG9nQ2xpY2s9dHJ1ZQ
==
https://www.aliexpress.com/wholesale?catId=0
&initiative_id=AS_20211130071538&SearchT
ext=vevor+tire+bead+breaker
https://www.ebay.com/itm/393601979700?chn
=ps&_trkparms=ispr%3D1&amdata=enc%3A1
XU_vIjozSiCP3OMQfSM7lQ90&norover=1&
mkevt=1&mkrid=711-117182-37290-
0&mkcid=2&itemid=393601979700&targetid=
1262906534602&device=c&mktype=&googlel
oc=9019656&poi=&campaignid=15285446355
&mkgroupid=129532473733&rlsatarget=pla-
1262906534602&abcId=9300702&merchantid
=6296724&gclid=Cj0KCQiAkZKNBhDiARIs
APsk0WjDa-
FJ8RSRAbHnCqlPqC7C2x2j6P4jOJ9VTsxy0lr
NqQ37gGVjPb4aApMfEALw_wcB
4
https://www.walmart.com/ip/VEVOR-Tire-
Changing-Tool-11-inch-Iron-Set-2-Pcs-
Motorcycle-Irons-40CR-Steel-Bead-Breaker-
Black-Spoons-Rust-Proof-Levers-Bile-
Tires/946918886?athbdg=L1700
THE PARTIES
7. Motion Pro was founded in 1984 by a champion off-road motorcyclist and custom
toolmaker, Chris Carter. Today, Motion Pro products are used and endorsed by everyday riders,
racing champions and professional mechanics worldwide. Motion Pro tools are renowned for their
ease of use and for making difficult repair jobs simpler and more convenient.
8. Motion Pro is a California corporation with its principal place of business at 3171
Swetzer Road, Loomis, CA 95650.
9. Vevor Inc. is an online retailer of tools and equipment for a multitude of uses. Vevor
characterizes itself as a purveyor of “High Quality Equipment and Tool with Unbeatable Price.”1
1
Captured from www.vevor.com
5
10. Upon information and belief, and according to the Colorado Secretary of State and
Vevor’s articles of incorporation, Vevor is a Colorado corporation with its principal place of
business at 4255 South Buckley Road #1316, Aurora, CO 80013.
11. Upon information and belief, Vevor transacts business within the District of
Colorado. Vevor describes itself on its website as a “leading brand that specializes in equipment
and tools …. with 10 million plus members worldwide.”
JURISDICTION
12. This action arises under the Patent Laws of the United States, Title 35 of United
States Code § 1, et seq.
13. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§
1331 and 1338(a) because the action concerns the infringement of a United States patent.
Alternatively, jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1332, as Vevor is a
Colorado Corporation, Motion Pro is a California corporation, and the amount in controversy
exceeds $75,000.
14. This Court has personal jurisdiction over Vevor. Upon information and belief,
Vevor is a Colorado corporation with its principal place of business at 4255 South Buckley Road
#1316, Aurora, CO 80013. Upon further information and belief, Vevor has availed itself of the
privilege of transacting business within the District of Colorado and thus has invoked the benefits
and protections of Colorado law.
15. Venue is proper in the District of Colorado pursuant to 28 U.S.C. §§ 1391(b) and
1400(b) because a substantial part of the events or omissions giving rise to the claims have
occurred in this district, Vevor resides in this district, and it has a regular and established place of
business in this district.
6
MOTION PRO’S PATENTS
16. Motion Pro filed utility application 13/553,747 on July 19, 2012, claiming priority
to provisional application 61/537,420 filed Sept. 21, 2011. Application 13/553,747 was
subsequently allowed and U.S. Patent No. 9,731,565 issued on Aug. 15, 2017 (“the ’565 Patent”).
The ’565 Patent is attached as Exhibit 1.
17. Motion Pro filed design patent application 29/428,539 on July 31, 2012.
Application 29/428,539 was subsequently allowed and U.S. Patent No. D721,556 issued on Jan.
27, 2015 (the ’D556 Patent). The ’D556 Patent is attached as Exhibit 2.
18. The ’565 Patent discloses and claims a bead breaker tool with interleaving and
separable members.
19. The BeadPro tool makes changing motorcycle tires easier and safer. When a tire
must be removed from a wheel, the tire must first be broken. The “bead” is the edge of the tire that
sits against the wheel, forming a tight seal.
20. Bead breaking typically requires the use of costly power or hydraulic tools that are
used in professional shops and impractical for most people to own. Prior manual bead breaking
tools tended to be large and cumbersome and/or complicated and difficult to use.
21. In the absence of a portable, easy-to-use bead-breaking tool, motorcycle riders often
employ ad hoc tactics, whereby screwdrivers or other wedge-shaped tools are forced in between
the tire and wheel to break the bead. Such improvisations can result in damage to wheel rims,
punctured tire tubes, or dangerous tool failure.
22. The BeadPro offers a portable, affordable, and effective solution for bead breaking
and tire removal, which is also safer to the user and less likely to damage a user’s equipment. The
7
BeadPro comprises two interleaving members that, when combined, form a lever. When joined as
a lever, the user is able to exert greater force with less effort to break the bead of a tire.
23. The members are separable, and when detached, they may be levered as individual
tire irons.
24. Because the members are separable, the BeadPro is a uniquely portable and
packable tool.
8
25. The addition of protective crossguards provides for better grip and safety during
use.
26. The ’D556 Patent discloses and claims the non-functional ornamental design for
the BeadPro tool, which is described and shown from 18 perspectives.
VEVOR’S INFRINGEMENT
27. The Vevor tire tool infringes the Patents-in-Suit. The infringement by Vevor’s tire
tool is blatant—the tool is identical in appearance and copies the function of the BeadPro, which
practices the Patents-in-Suit.
9
28. Vevor is directly infringing each and every element of all Claims (1-10) of the ’565
Patent because:
29. As representative only, and not limiting,
a. Like the BeadPro, the Vevor tire tool is a tool for breaking the bead of a
tire.
b. Like the BeadPro, the Vevor tire tool comprises an upper and lower
member that interleave to form a lever.
c. Like the BeadPro, the Vevor tire tool members are detachable from
each other and when detached, they are useable as tire irons
10
d. Like the BeadPro, the Vevor tire tool members’ front ends are formed
as fingers.
e. Like the BeadPro, the Vevor tire tool has an open and a closed
position when formed as lever.
11
f. Like the BeadPro, the fingers of the Vevor tire tool members form a
narrow wedge when in the closed position.
g. Like the BeadPro, the Vevor tire tool members comprise crossguard
features.
12
30. Defendant Vevor sells an 11-inch and a 16-inch version of its tire tool, both of
which infringe Motion Pro’s ’565 Patent, respectively product numbers VV-TBB-11 and VV-
TBB-16.
31. In addition to infringing the ’565 Patent, Vevor’s 11-inch tire tool also infringes the
’D556 Patent.
32. In the eye of an ordinary observer, giving such attention as a purchaser usually
gives, the non-functional ornamental design for the BeadPro claimed in the ’D556 Patent and the
Vevor tire tool are substantially the same, with resemblance such as to deceive an ordinary
observer, inducing him or her to purchase Vevor’s tire tool supposing it to be the design claimed
in the ’D556 patent.
33. In designing its tire tool, Vevor made no attempt to hide that it was creating an
exact copy of the BeadPro. In all material respects, the ornamental features have been copied from
those of the BeadPro, as the exemplary side-by-side comparisons shown below reveal.
13
Exemplary ’D556 patent figures Infringing device
14
15
FIRST CAUSE OF ACTION
(Patent Infringement of U.S. Patent Number 9,731,565)
34. The allegations of Paragraphs 1-33 are hereby incorporated by reference as if fully
set forth herein.
35. The ’565 Patent discloses and claims a bead breaker tool with interleaving and
separable members.
36. Motion Pro is the owner, by assignment, of all right, title, and interest in the ’565
Patent. The ’565 Patent has been in full force and effect since its issuance.
37. Vevor has been, and is now, directly infringing, literally or under the doctrine of
equivalents, all Claims (1-10) of the ’565 Patent in violation of 35 U.S.C. § 271(a) by making,
using, selling, and/or offering for sale in the United States its tire tools, as described herein.
Attached as Exhibit 3 is claim chart demonstrating the element-by-element infringement of
Vevor’s 11 inch tool. Attached as Exhibit 4 is a claim chart demonstrating the element-by-element
infringement of Vevor’s 16 inch tool.
38. As a result of Vevor’s unlawful infringement of the ’565 Patent, Motion Pro has
suffered and will continue to suffer damages in an amount to be proven at trial, but no less than
$75,000. Motion Pro is entitled to recover from Vevor the damages adequate to compensate for
such infringement, in an amount no less than a reasonable royalty pursuant to 35 U.S.C. § 284,
which have yet to bet determined. The full measure of damages sustained as a result of Vevor’s
wrongful acts will be proven at trial.
16
SECOND CAUSE OF ACTION
(Patent Infringement of U.S. Patent Number D721,556)
39. The allegations of Paragraphs 1-33 are hereby incorporated by reference as if fully
set forth herein.
40. The ’D556 Patent discloses and claims the non-functional ornamental design for
Motion Pro’s BeadPro tool, which is described and shown from 18 perspectives.
41. Motion Pro is the owner, by assignment, of all right, title, and interest in the ’D556
Patent. The ’D556 Patent has been in full force and effect since its issuance.
42. Vevor has been, and is now, directly infringing the ’D556 Patent in violation of 35
U.S.C. § 271(a) by making, using, selling, and/or offering for sale in the United States its tire tool.
Attached as Exhibit 5 is a claim chart demonstrating the element-by-element infringement of
Vevors 11 inch tool.
43. As a result of Vevor’s unlawful infringement of the ’D556 Patent, Motion Pro has
suffered and will continue to suffer damages in an amount to be proven at trial, but no less that
$75,000. Motion Pro is entitled to recover from Vevor the damages adequate to compensate for
such infringement, in an amount no less than Vevor’s total profits or statutory damages pursuant
to 35 USC § 289 and/or a reasonable royalty pursuant to 35 U.S.C. § 284, which have yet to bet
determined. The full measure of damages sustained as a result of Vevor’s wrongful acts will be
proven at trial.
DEMAND FOR JURY TRIAL
Motion Pro, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury
of any issues so triable.
17
PRAYER FOR RELIEF
WHEREFORE, Motion Pro prays for judgment and relief as follows:
a. Issue a permanent injunction enjoining Vevor (including its officers, directors,
employees, agents, and all persons acting in concert with them) from infringing the
Patents-in-Suit;
b. Order that Vevor pay compensatory damages to Motion Pro for Vevor’s
infringement of the Patents-in-Suit, including but not limited to, damages for lost
profits and in no event less than a reasonable royalty, together with interest and
costs under 35 U.S.C. § 284; and discharge of Vevor’s profits attributable pursuant
to 35 U.S.C. § 289.
c. Award Motion Pro pre-judgment interest.
d. Award Motion Pro its reasonable attorneys’ fees and costs;
e. For an accounting; and
f. Grant other such relief that the Court deems appropriate.
/s/Kevin M. Pasquinelli
Kevin Pasquinelli (Cal. Bar No. 246985)
Robins Kaplan LLP
2006 Kala Bagai Way, Suite 22
Berkeley, California 94704
Telephone (650) 784-4025
KPasquinelli@RobinsKaplan.com
Attorney for Plaintiff Motion Pro, Inc.
18
EXHIBIT 1
TOMMUNICATIONTOTHECOUNTINATIONUS009731565B2
(12) United States Patent (10) Patent No.: US 9 ,731,565 B2

Scott (45 ) Date of Patent: Aug. 15 , 2017
(54 ) BEAD BREAKER TOOL (56 ) References Cited
(75 ) Inventor: Steven Richard Scott, Los Gatos, CA U . S . PATENT DOCUMENTS
(US ) 1,098 , 488 A * 6 / 1914 Dyar .... 157/ 1 .22
2 , 344,704 A 3 / 1944 Krantz
( 73 ) Assignee: Motion Pro , Inc., Loomis, CA (US ) D142, 931 S * 11/ 1945 Bailey ...... | 08/31
2 ,518 ,114 A * 8/ 1950 Barber .......... 157/ 1. 17
( * ) Notice: Subject to any disclaimer, the term of this 2 ,571 ,517 A * 10 /1951 Aycock ............. .......... 157/ 1. 17
patent is extended or adjusted under 35 2 ,822 ,211 A *
6 ,684,927 B1 *
2 / 1958 Miller ............... ........... 294 / 131
2/2004 Kliskey .............. ............ 157 / 1 .3
U .S .C . 154 (b ) by 741 days. 7 , 267, 155 B2 * 9 /2007 Brahler, II .................. 157 /1 . 17
( 21 ) Appl. No.: 13 /553 ,747 FOREIGN PATENT DOCUMENTS
( 22 ) Filed : Jul. 19 , 2012 DE 728650 C 12 / 1942
FR 1143608 A 10 / 1957
(65) Prior Publication Data
US 2013 /0068396 A1 Mar. 21, 2013
* cited by examiner
Primary Examiner - Larry E Waggle, Jr .
Related U .S . Application Data Assistant Examiner — Danny Hong
(60 ) Provisional application No. 61/537 ,420 , filed on Sep . (74 ) Attorney, Agent, or Firm — Larry B . Guernsey ;
21, 2011. Patent Law Office of Larry Guernsey
(51) Int . Ci.
B60C 25/ 02 ( 2006 .01)
(57) ABSTRACT
B60C 25/ 01 ( 2006 .01) A bead breaker tool includes an upper member and a lower
B60C 25/ 04 member, where the upper member and the lower member are
(2006 .01) interleaved together to make a lever assembly. The upper
( 52 ) U .S . CI. member and lower member are detachable from each other,
CPC ........... B60C 25/02 (2013.01 ); B60C 25 /015 and the upper and lower members are configured as tire
(2013. 01 ); B60C 25/ 04 ( 2013. 01 ) irons. Also , the handles of the tire irons may include
(58 ) Field of Classification Search crossguards.
USPC ........ ......................... 157/ 1 .3 , 1. 43, 1.49, 11
See application file for complete search history . 10 Claims, 9 Drawing Sheets
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US 9 ,731,565 B2
BEAD BREAKER TOOL member are interleaved together to make a lever assembly .
The upper member and lower member are detachable from
The following is a non -provisional patent application each other, and the upper and lower members are configured
which claims priority to provisional application 61/537 ,420 as tire irons . These tire irons may include crossguards.
filed Sep . 21, 2011, by the same inventor. An advantage of the present invention is that it presents a
bead breaker toolwhich is very small and portable and easy
TECHNICAL FIELD to carry on a motorcycle .
Another advantage of the present bead breaker tool is that
The present invention relates generally to devices for it requires no shop tools , air tools or hydraulics.
repairing mechanical parts and more particularly to tools for 10 And another advantage of the present bead breaker tool is
servicing or replacing the tire in the wheel of a motorcycle . that it is safer to use, and less likely to slip and damage
BACKGROUND ART expensive wheel or tire parts than using screwdrivers or
other pointed objects.
A further advantage of the present bead breaker is that it
When a tire is installed onto a rim and inflated it will 15 includes
“ seat” onto the rim . The edge of a tire that sits on the wheel tage a lever mechanism , by which a mechanical advan
is called the tire bead . Wheels for cars , bicycles and motor necessary to breakto the
is imparted the user, to lessen the amount of force
bead.
cycles are generally made with a small slot or groove for the
tire bead to sit in . Air pressure within the tire keeps the bead A yet further advantage of the present bead breaker is that
in this groove when the tire is properly inflated . When a tire 20 the tool easily disassembles into two tire irons each of which
is being replaced on a wheel, there is the problem of sealing includes a narrowed tab portion which can be used to further
or setting the bead, because the tire will not inflate properly the breaking of thebead,but which does so in a safe manner.
if the incoming air can escape. For this reason , sometimes Yet another advantage of the present invention is that it
some sort of sealantmay be used to ensure that the bead is presents a single tool which can take the place of several.
properly sealed. 25 A still further advantage is that an embodiment of the
When a tire becomes damaged and must be replaced , the present invention includes tire irons having crossguards
tire must be released from the wheel, and the bead must be which provide improved grip on the handles of the tool.
" broken ” . In breaking the bead , care must be taken that the These and other objects and advantages of the present
wheel not be damaged . Some wheels are very expensive , invention will become clear to those skilled in the art in view
and if a sharp implement is used , such as a knife or 30 of of the description of
the description of the
the best
best presently known mode of
screwdriver, care must be taken that the implement does not carrying out the invention and the industrial applicability of
slip and gouge the finish of the wheel. The task can be even the preferred embodiment as described herein and as illus
more difficult if sealant has been used . trated in the several figures of the drawings .
Sometimes there are also raised sections on thewheel rim
called a " safety bead” that makes breaking the bead of the 35 BRIEF DESCRIPTION OF THE DRAWINGS
tire even more difficult. Safety beads are features on the
inside of a rim that help to hold the tire in place in the event
that the tire becomes flat during use . Without a safety bead , be The purposes and advantages of the present invention will
apparent from the following detailed description in
if the tire were to lose pressure during use , it may fall off the 10 conjunction with the appended drawings in which :
rim and cause a crash .
For these reason , breaking the bead to remove the tire can FIG . 1 shows an isometric view of the bead breaker tool
be difficult. of the present invention in an open position ;
There are presently tools available that are designed to FIG . 2 shows an isometric view of the bead breaker tool
break the bead of the tire , however, these are generally either of the present invention in a closed position ;
too large to carry with the user on a motorcycle and /or very 45 FIG . 3 shows a side view of the bead breaker tool of the
complicated and hard to use . Usually breaking a tire bead present invention in an open position engaged with a tire ;
would require the use of shop tools, air tools or hydraulics. FIG . 4 shows a rear isometric view of the bead breaker
There are somemanualbead breakers on the market but they tool of the present invention in an open position engaged
are generally all very large and are not portable. with a tire ;
Some users resort to the use of screw -drivers or other 50 FIG . 5 shows a side view of the bead breaker tool of the
wedged - shaped objects which are forced between the bead present invention in a closed position engaged with a tire ;
and the wheel, which may be the only tools at hand while on FIG . 6 shows a rear isometric view of the bead breaker
the road . If a screw - driver slips during this process , the tool of the present invention in an closed position engaged
wheel rim , which can be very expensive , can be scarred or with a tire ;
gouged . Additionally , the tool might pierce the tire or tube , 55 FIGS . 7a - 7c show various views of the upper member of
or otherwise cause further damage to the tire or wheel. the bead breaker tool of the present invention ;
Thus, there is a need for a bead breaker tool which FIGS. 8a - 8c show various views of the lower member of
provides a portable, inexpensive, tool for breaking the bead , the bead breaker tool of the present invention;
which is safer to use , does not require the use of shop tools , FIGS. 9a - 9c show various views of the upper member of
and which greatly reduces the likelihood of damage to those 60 the second embodiment of the bead breaker tool of the
parts which may be very expensive to replace . present invention ;
FIGS. 10a - 10c show various views of the lowermember
DISCLOSURE OF INVENTION of the second embodiment of the bead breaker tool of the
present invention ; and
Briefly , one preferred embodiment of the present inven - 65 FIG . 11 shows an isometric side view of the bead breaker
tion is a bead breaker tool which includes an upper member tool of the present invention in a closed position engaged
and a lowermember, where the upper member and the lower with a tire .
US 9 , 731, 565 B2
DETAILED DESCRIPTION OF THE shaped , but slightly rounded ,which aids in the insertion , but
PREFERRED EMBODIMENTS serves to protect the tire 2 and wheel 1 from gouging .
Once the wedge -shaped assembly 62 is inserted , the
The present invention is a bead breaker tool, which will handles 30, 44 are squeezed together until the tool is in
be referred to by the reference number 10 , and thus shall be 5 closed position 80 , as shown in FIGS . 5 -6 . The angled finger
referred to as bead breaker tool 10 . A preferred embodiment 26 , pivots away from the lower fingers 40 , so that the fingers
of the bead breaker tool 10 is illustrated in FIGS. 1 - 8c. 26 , 40 act as a lever assembly 24 , which breaks the bead 3 ,
FIGS . 1 - 2 show isometric rear views of the bead breaker by prying the edge of the tire 2 away from the wheel 1 .
tool 10 of the present invention in open and closed positions. The bead breaker tool 10 does not include a hardware
The bead breaker tool 10 includes an upper member 20 and
and 10 hinge at the pivot axis 60 (see FIG . 1), and is easily
a lower member 22 which are interleaved together to make member 22 cansobethatusedtheindependently
disassembled upper member 20 and the lower
as tire irons 56 ( see
a lever assembly 24 . The upper member 20 includes an FIGS. 7a and 8a). In this state , the respective fingers 26 , 40
angled finger 26 , which is attached at the front end 28 of the or the rear tab portions 36 , 52 can be inserted into the broken
upper member 20 . The upper member 20 also includes a 15 bead and pushed around the circumference to further loosen
handle portion 30 having an upper surface 32 and a lower the tire .
surface 34 . The upper member also includes a rear end 36 This bead breaker tool 10 thus can do the job of both
with a narrowed tab portion 38 . breaking
big the bead and removing the tire . The tool 10
In a similar manner, the lower member 22 includes two incorporates the bead breaker feature into a set of tire irons
angled fingers 40, which are attached at the front end 42 of 20 56 so the job of removing, and installing a new tire can now
the lower member 22 . The lower member 22 also includes all be done with the same tool instead of several.
a handle portion 44 having an upper surface 46 and a lower Thus , this bead breaker tool 10 can be viewed as a set of
surface 48 . The lower member 22 also includes a rear end 50 tire irons 56 , as shown in FIGS. 7 -8 that have a distinct
with a narrowed tab portion 52 . feature designed into them that will allow the user to use
These features are also shown in FIGS. 7a -c and 8a - c. 25 them together in a lever assembly 24 to " break the bead ” of
The upper member 20 and the lower member 22 are the tire. As discussed above, this bead breaker tool 10 works
positioned so that the angled finger 26 of the upper member on leverage, so the effort required by the user is quite low .
20 is interleaved with the two angled fingers 40 of the lower Usually breaking a tire bead would require the use of shop
member 22 . There is no hinge element per se , but at the tools, air tools or hydraulics . There are some manual bead
junction of the angled fingers 26 , 40 , there is a pivot axis 60 30 breakers on the market but they are generally all very large
about which the handles 30 , 44 , and the angled fingers 26 , and are not portable . The present bead breaker tool 10
40 approximately rotate. It is to be understood that the replaces these bulky or non -portable tools with one which is
pivoting motion may not be purely rotational, and may small, easily portable , and requires very little effort to
involve some degree of translational movement away from operate .
strict alignment with the pivot axis 60 , but the pivoting 35 FIGS. 9a - 9c, 10a- 10c and 11 show a second preferred
movement is approximately rotational. embodiment of the bead breaker tool, which will be referred
When the bead breaker tool 10 is in open position , as in to as bead breaker with crossguards 100 and tire irons with
FIG . 1 , the fingers 26 , 40 of the upper and lower members crossguards 102 . Where this second embodiment has fea
20 , 22 are approximately aligned. This allows the fingers 26 , tures in common with the first embodiment, the same
40 to be used as a wedge shaped assembly 62 for insertion . 40 element numbers will be used for these common features .
When the bead breaker tool 10 pivots from open position 70 The bead breaker with crossguards 100 is largely the same
to closed position 80 (FIG . 2 ) the handle portions 30, 44 of as in the first embodiment, with the addition of tabs or
the upper and lower members 20 , 22 draw towards each crossguards 104 to the handle portions 30 , 44 of each
other, as the fingers 26 , 40 pivot apart to act as a lever individual tire iron 102 . There is a fair amount of force
assembly 24 between the tire bead and the wheel. There is 45 required to push the tool into the bead of the rim and the
a mechanical advantage gained from the ratio of the length crossguards 104 allow the user to push thumb and index
64 of the handles 30 , 44 to the pivot axis 60 , compared to the finger against them . These crossguards 104 on the side of the
length 66 of the fingers 26 , 40 to the pivot axis 60 . This handles 30 , 44 are included to give the user something to
mechanical advantage greatly aids in the ease of operation of push against in the direction of the tire rim . Without them ,
the tool. The bead breaker tool 10 also eases the operation 50 the user has to grip the handles only, and there is nothing to
by using gripping power of the users ' hands to operate the stop the user's hand from sliding along the handle . It is
tool, rather than using twisting motion of the wrist, as when thought that the crossguards provide this embodiment with
a pry bar or screwdriver were to be inserted and then twisted , significant advantages concerning ease of usage and deploy
as is often the practice in prior operations. If breaking of the ment.
bead is particularly stubborn , both hands can be used to 55 While various embodiments have been described above ,
squeeze the handles 30 , 44 of the tool 10 to apply extra force . it should be understood that they have been presented by
The operation of the bead breaker tool 10 is shown in way of example only, and not limitation .
FIGS . 3 -6 with a wheel 1 and a tire 2 having a bead 3 . It is
to be understood that for purposes of easy viewing, the bulk INDUSTRIAL APPLICABILITY
of the tire is not shown, but it extends further. The bead 60
breaker tool 10 is placed in open position 70 , with the The present bead breaker tool 10 is well suited generally
handles 30 , 44 rotated away from each other and the fingers for use in servicing or replacing the tire in the wheel of a
26 , 40 roughly aligned to make a wedge shaped assembly motorcycle.
62 . This wedge- shaped assembly 62 , made up of the aligned The operation of the bead breaker tool 10 is shown in
fingers 26 , 40 of the upper and lower members 20 , 22 , is 65 FIGS . 3 -6 with a wheel 1 and a tire 2 having a bead 3. The
inserted between the wheel 1 and the tire 2 at the bead 3 . The bead breaker tool 10 is placed in open position 70 , with the
tips 54 of the fingers 26 , 40 are also preferably wedge - handles 30 , 44 rotated away from each other and the fingers
US 9 ,731,565 B2
26 , 40 roughly aligned to make a wedge shaped assembly widespread industrial applicability . Therefore , it is expected
62. This wedge -shaped assembly 62 ,made up of the aligned that the commercial utility of the present invention will be
fingers 26 , 40 of the upper and lower members 20 , 22 , is extensive and long lasting.
inserted between the wheel 1 and the tire 2 atthe bead 3 . The The invention claimed is :
tips 54 of the fingers 26 , 40 are also preferably wedge - 5 1 . A bead breaker tool, comprising:
shaped , but slightly rounded , which aids in the insertion, but an upper member, and
serves to protect the tire 2 and wheel 1 from gouging. a lowermember,where said uppermember and said lower
Once the wedge -shaped assembly 62 is inserted , the member which are interleaved together to make a lever
handles 30 , 44 are squeezed together until the tool is in assembly , where said upper member and said lower
closed position 80 , as shown in FIGS. 5 -6 . The angled finger 10 member are detachable from each other, where said
26 pivots away from the lower fingers 40 , so that the fingers detached upper member and said lower member are
26 , 40 act as a lever assembly 24 , which breaks the bead 3 , configured as tire irons , wherein said upper member
by prying the edge of the tire 2 away from the wheel 1 . and said lower member both have rear ends and front
The bead breaker tool 10 does not include a hardware ends, where said front ends are formed as fingers ,
hinge at the pivot axis 60, and is easily disassembled so that 15 wherein said lever assembly has an open position and
the upper member 20 and the lower member 22 can be used a closed position and when said lever assembly is in
independently as tire irons 56 . In this state , the respective said closed position , said fingers align to form a narrow
fingers 26 , 40 or the rear tab portions 36 , 52 can be inserted wedge.
2 . The bead breaker tool of claim 1 , wherein said lever
into the broken bead and pushed around the circumference 20 assembly forms a wedge shaped assembly when said lever
to further loosen the tire . assembly is in said closed position .
This bead breaker tool 10 thus can do the job of both
breaking the bead and removing the tire. The tool 10 3 . The bead breaker tool of claim 1 , wherein :
incorporates the bead breaker feature into a set of tire irons said upper member has a finger which is an angled finger.
56 so the job of removing, and installing a new tire can now 4 . The bead breaker tool of claim 1 , wherein :
all be done with the same tool instead of several 25 said rear ends of said upper and lower members include
Thus, this bead breaker tool 10 can be viewed as a set of a narrowed tab portion .
tire irons 56 that have a distinct feature designed into them 5 . The bead breaker tool of claim 1, wherein said upper
that will allow the user to use them together in a lever member and said lower member further comprise :
handle portions which include crossguards.
assembly 24 to “ break the bead ” of the tire . As discussed
above, this bead breaker tool 10 works on leverage , so the 30 6 . A bead breaker tool, comprising : an uppermember; and
effort required by the user is quite low . Usually breaking a a lower member, where said upper member and said lower
tire bead would require the use of shop tools , air tools or member are interleaved together to make a lever assem
hydraulics . There are some manual bead breakers on the bly, wherein said upper member and said lower mem
market but they are generally all very large and are not ber both have front ends which are formed as fingers,
portable . The present bead breaker tool 10 replaces these 35 wherein said lever assembly has an open position and
bulky or non -portable tools with one which is small, easily a closed position and when said lever assembly is in
portable , and requires very little effort to operate . said closed position , said fingers align to form a narrow
A second preferred embodiment of the bead breaker tool wedge , and wherein said upper member and said lower
includes the addition of tabs or crossguards 104 to the handle member further comprise handle portions which
portions 30 , 44 of each individual tire iron 102 . There is a 40 include crossguards.
fair amount of force required to push the tool into the bead 7 . The bead breaker tool of claim 6 , wherein :
of the rim and the crossguards 104 allow the user to push said upper member has a finger which is an angled finger.
thumb and index finger against them . These crossguards 104 8 . The bead breaker tool of claim 6 , wherein :
on the side of the handles 30 , 44 are included to give the user said uppermember and said lowermember are detachable
something to push against in the direction of the tire rim 45 Trom each other .
Without them , the user has to grip the handles only , and there 9 . The bead breaker tool of claim 8 , wherein :
is nothing to stop the user's hand from sliding along the said detached upper member and said lower member are
handle . It is thought that the crossguards provide this formed as tire irons.
embodiment with significant advantages concerning ease of 50 memberTheand
10 . bead breaker tool of claim 6 , wherein said upper
said lower member include rear ends which
usage and deployment.
For the above , and other, reasons, it is expected that the each include a narrowed tab portion .
bead breaker tool 10 of the present invention will have * * * * *
EXHIBIT 2
USOOD721556S
(12) Scott
United States Design Patent (10) Patent No.: USD721,556S
(45) Date of Patent: Jan. 27, 2015
(54) BEAD BREAKER TOOL WITH DESCRIPTION
ORNAMENTAL LOWER AND UPPER TRE
RONS FIG. 1 is a top plan view of an ornamental design for a lower
tire iron of the present invention;
(75) Inventor: Steven Richard Scott, Los Gatos, CA FIG. 2 is a front view of an ornamental design for a lower tire
(US) iron of the present invention;
FIG.3 is a right side view of an ornamental design for a lower
(73) Assignee: Motion Pro. Inc., San Carlos, CA (US) tire iron of the present invention;
FIG. 4 is a rear view of an ornamental design for a lower tire
(**) Term: 14 Years iron of the present invention;
FIG. 5 is a left side view of an ornamental design for a lower
(21) Appl. No. 29/428,539 tire iron of the present invention;
FIG. 6 is a bottom plan view of an ornamental design for a
(22) Filed: Jul. 31, 2012 lower tire iron of the present invention;
(51) LOC (10) Cl. ................................................ O8-05 FIG. 7 is a top isometric view of an ornamental design for a
(52) U.S. Cl. lower tire iron of the present invention;
USPC ............................................................. D8/31 FIG. 8 is a bottom isometric view of an ornamental design for
a lower tire iron of the present invention;
(58) Field of Classification Search FIG.9 is a top plan view of an ornamental design for an upper
USPC ................. D8/14, 31, 88,89; 81/15.2: 7/100; tire iron of the present invention;
157/13 FIG. 10 is a front view of an ornamental design for an upper
See application file for complete search history. tire iron of the present invention;
FIG. 11 is a right side view of an ornamental design for an
(56) References Cited upper tire iron of the present invention;
U.S. PATENT DOCUMENTS
FIG. 12 is a rear view of an ornamental design for an upper tire
iron of the present invention;
D277,640 S * 2/1985 Drexler ............................ D8/88 FIG. 13 is a left side view of an ornamental design for an
5,343,921 A * 9, 1994 Kusner ..... 157,13 upper tire iron of the present invention;
D395,809 S * 7/1998 Brown et al. .................... D8,31 FIG. 14 is a bottom plan view of an ornamental design for an
D487,683 S * 3/2004 Kliskey ............................ D8,31 upper tire iron of the present invention;
OTHER PUBLICATIONS
FIG. 15 is a top isometric view of an ornamental design for an
upper tire iron of the present invention;
http://www.motionpro.com/motorcycle/partno/08-0519, Oct. FIG. 16 is a bottom isometric view of an ornamental design
2012.* for an upper tire iron of the present invention;
FIG. 17 is a top front isometric view of an ornamental design
* cited by examiner for a bead breaker tool, in which said lower tire and said upper
tire iron of the present invention are assembled together to
Primary Examiner — Sheryl Lane form said bead breaker tool; and,
(74) Attorney, Agent, or Firm — Larry B. Guernsey; Patent FIG. 18 is a top rear isometric view of an ornamental design
Law Office of Larry B. Guernsey for a bead breaker tool, in which said lower tire and said upper
tire iron of the present invention are assembled together to
(57) CLAM form said bead breaker tool.
The ornamental design for a bead breaker tool with ornamen
tallower and upper tire irons, as shown and described above. 1 Claim, 18 Drawing Sheets
U.S. Patent Jan. 27, 2015 Sheet 1 of 18 USD721,556S


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Patent Jan. 27, 2015 Sheet 18 of 18 USD721,556S

EXHIBIT 3
U.S. Patent No. Demonstration of Infringement

9,731,565 Element
1. A bread breaker
tool, comprising:

9,731,565 Element
an upper member;
and
a lower member,
where said upper

member and said
lower member
which are
interleaved
together to make a
lever assembly,

9,731,565 Element
where said upper

member and said
lower member are
detachable from
each other,
where said
detached upper
member and said
lower member are
configured as tire
irons,

9,731,565 Element
wherein said upper

member and said
lower member both
have rear ends and
front ends,

9,731,565 Element
where said front

ends are formed as
fingers,

9,731,565 Element
wherein said lever

assembly has an
open position and a
closed position

9,731,565 Element
and when said lever

assembly is in said
closed position,
said fingers align to
form a narrow
wedge.

9,731,565 Element
2. The bead breaker

of tool of claim 1,
wherein said lever
assembly forms a
wedge shaped
assembly when said
lever assembly is in
said closed
position.

9,731,565 Element
3. The bead breaker

tool of claim 1,
wherein: said upper
member has a
finger which is an
angled finger.

9,731,565 Element
4. The bead breaker

tool of claim 1,
wherein: said rear
ends of said upper
and lower members
include a narrowed
tab portion.

9,731,565 Element
5. The bead breaker

tool of claim 1,
wherein said upper
member and said
lower member
further comprise:
handle portions
which include
crossguards.

9,731,565 Element
6. A bread breaker
tool, comprising:

9,731,565 Element
an upper member;
and
a lower member,
where said upper

member and said
lower member are
interleaved
together to make a
lever assembly,

9,731,565 Element
wherein said upper

member and said
lower member both
have front ends
which are formed
as fingers

9,731,565 Element
wherein said lever

assembly has an
open position and a
closed position

9,731,565 Element
and when said lever

assembly is in said
closed position,
form a narrow
wedge,

9,731,565 Element
and wherein said

upper member and
said lower member
further comprise
handle portions
which include
crossguards.

9,731,565 Element
7. The bead breaker

tool of claim 6,
wherein: said upper
member has a
finger which is an
angled finger.

9,731,565 Element
8. The bead breaker

tool of claim 6,
wherein: said upper
member and said
lower member are
detachable from
each other.

9,731,565 Element
9. The bead breaker

tool of claim 8,
wherein: said
detached upper
member and said
lower member are
formed as tire irons.

9,731,565 Element
10. The bead

breaker tool of
claim 6, wherein
said upper member
and said lower
member include
rear ends which
each include a
narrowed tab
portion.
EXHIBIT 4

9,731,565 Element
1. A bread breaker
tool, comprising:

9,731,565 Element
an upper member;
and
a lower member,
where said upper

member and said
lower member
which are
interleaved
together to make a
lever assembly,

9,731,565 Element
where said upper

member and said
lower member are
detachable from
each other,
where said
detached upper
member and said
lower member are
configured as tire
irons,

9,731,565 Element
wherein said upper

member and said
lower member both
have rear ends and
front ends,

9,731,565 Element
where said front

ends are formed as
fingers,

9,731,565 Element
wherein said lever

assembly has an
open position and a
closed position

9,731,565 Element
and when said lever

assembly is in said
closed position,
form a narrow
wedge.

9,731,565 Element
2. The bead breaker

of tool of claim 1,
wherein said lever
assembly forms a
wedge shaped
assembly when said
lever assembly is in
said closed
position.

9,731,565 Element
3. The bead breaker

tool of claim 1,
wherein: said upper
member has a
finger which is an
angled finger.

9,731,565 Element
4. The bead breaker

tool of claim 1,
wherein: said rear
ends of said upper
and lower members
include a narrowed
tab portion.

9,731,565 Element
5. The bead breaker

tool of claim 1,
wherein said upper
member and said
lower member
further comprise:
handle portions
which include
crossguards.

9,731,565 Element
6. A bread breaker
tool, comprising:

9,731,565 Element
an upper member;
and
a lower member,
where said upper

member and said
lower member are
interleaved
together to make a
lever assembly,

9,731,565 Element
wherein said upper

member and said
lower member both
have front ends
which are formed
as fingers

9,731,565 Element
wherein said lever

assembly has an
open position and a
closed position

9,731,565 Element
and when said lever

assembly is in said
closed position,
form a narrow
wedge,

9,731,565 Element
and wherein said

upper member and
said lower member
further comprise
handle portions
which include
crossguards.

9,731,565 Element
7. The bead breaker

tool of claim 6,
wherein: said upper
member has a
finger which is an
angled finger.

9,731,565 Element
8. The bead breaker

tool of claim 6,
wherein: said upper
member and said
lower member are
detachable from
each other.

9,731,565 Element
9. The bead breaker

tool of claim 8,
wherein: said
detached upper
member and said
lower member are
formed as tire irons.

9,731,565 Element
10. The bead

breaker tool of
claim 6, wherein
said upper member
and said lower
member include
rear ends which
each include a
narrowed tab
portion.
EXHIBIT 5
U.S. Patent No. D721,556 Demonstration of Infringement


















Case 1:21-cv-03380-CMA-SKC Document 1-1 Filed 12/16/21 USDC Colorado Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
__________ of Colorado
District of __________
)
)
MOTION PRO, INC., )
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
VEVOR, INC.,
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

Vevor, Inc.
4255 South Buckley Road, #1316
Aurora, CO 80013
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Kevin M. Pasquinelli, Esq.
ROBINS KAPLAN LLP
Berkeley, CA 94704
Telephone: (650) 784-4040
Email: kpasquinelli@robinskaplan.com
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Print Save As... Reset

Motion Pro, Inc. Vevor, Inc.

Placer County, CA District of Colorado
Kevin M. Pasquinelli, Esq.

Robins Kaplan LLP
Berkeley, CA 94704 - Telephone: (650) 784-4040
35 U.S. § 271 et. seq.
Patent infringement
December 16, 2021 /S/ Kevin M. Pasquinelli

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Motion Pro v. Vevor - Complaint

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Motion Pro v. Vevor - Complaint

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Case 1:21-cv-03380-CMA-SKC Document 1 Filed 12/16/21 USDC Colorado Page 1 of 115

IN THE UNITED STATES DISTRICT COURT

Civil Action No. ______________________

MOTION PRO, INC., a California Corporation

VEVOR, INC., a Colorado Corporation,

COMPLAINT FOR PATENT INFRINGEMENT

its attorneys as follows:

repair and removal.

size” for “easy carriage.”

the identical but less expensive Vevor tire tool.

seen in the table below.

Swetzer Road, Loomis, CA 95650.

business at 4255 South Buckley Road #1316, Aurora, CO 80013.

and tools …. with 10 million plus members worldwide.”

States Code § 1, et seq.

Alternatively, jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1332, as Vevor is a

and protections of Colorado law.

business in this district.

MOTION PRO’S PATENTS

The ’565 Patent is attached as Exhibit 1.

sits against the wheel, forming a tight seal.

punctured tire tubes, or dangerous tool failure.

the BeadPro tool, which is described and shown from 18 perspectives.

practices the Patents-in-Suit.

29. As representative only, and not limiting,

member that interleave to form a lever.

position when formed as lever.

narrow wedge when in the closed position.

in the ’D556 patent.

Exemplary ’D556 patent figures Infringing device

FIRST CAUSE OF ACTION

(Patent Infringement of U.S. Patent Number 9,731,565)

set forth herein.

Attached as Exhibit 3 is claim chart demonstrating the element-by-element infringement of

infringement of Vevor’s 16 inch tool.

wrongful acts will be proven at trial.

SECOND CAUSE OF ACTION

(Patent Infringement of U.S. Patent Number D721,556)

set forth herein.

Attached as Exhibit 5 is a claim chart demonstrating the element-by-element infringement of

Vevors 11 inch tool.

DEMAND FOR JURY TRIAL

of any issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Motion Pro prays for judgment and relief as follows:

a. Issue a permanent injunction enjoining Vevor (including its officers, directors,

c. Award Motion Pro pre-judgment interest.

d. Award Motion Pro its reasonable attorneys’ fees and costs;

e. For an accounting; and

f. Grant other such relief that the Court deems appropriate.

(12) United States Patent (10) Patent No.: US 9 ,731,565 B2

atent Aug. 15 , 2017 Sheet 1 of 9 US 9,731,565 B2

U . S . Patent Aug. 15, 2017 Sheet 2 of 9 US 9,731,565 B2

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atent Aug. 15 , 2017 Sheet 4 of 9 US 9 ,731,565 B2

atent Aug. 15 , 2017 Sheet 5 of 9 US 9,731,565 B2

atent Aug. 15 , 2017 Sheet 6 of 9 US 9 ,731,565 B2

atent Aug. 15 , 2017 Sheet 7 of 9 US 9,731,565 B2

U . S . Patent Aug. 15, 2017 Sheet 8 of 9 US 9,731,565 B2

atent Aug. 15 , 2017 Sheet 9 of 9 US 9 ,731,565 B2

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U.S. Patent Jan. 27, 2015 Sheet 1 of 18 USD721,556S

U.S. Patent Jan. 27, 2015 Sheet 2 of 18 USD721,556S