80 FR 61842 - Certain Personal Transporters, Components Thereof, and Manuals Therefor; Commission Determination To Review in Part an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337 and, on Review, To Modify the Initial Determination; Request for Written Submissions on Remedy, the Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 198 (October 14, 2015)

Notice is hereby given that the U.S. International Trade Commission has determined to review in part an initial determination (``ID'') (Order No. 28) of the presiding administrative law judge (``ALJ'') granting complainants' motion for summary determination of violation of section 337 and, on review, to make certain modifications in the ID.

[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61842-61843]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26048]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-935]


Certain Personal Transporters, Components Thereof, and Manuals 
Therefor; Commission Determination To Review in Part an Initial 
Determination Granting Complainant's Motion for Summary Determination 
of Violation of Section 337 and, on Review, To Modify the Initial 
Determination; Request for Written Submissions on Remedy, the Public 
Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part an initial determination 
(``ID'') (Order No. 28) of the presiding administrative law judge 
(``ALJ'') granting complainants' motion for summary determination of 
violation of section 337 and, on review, to make certain modifications 
in the ID.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``Section 337''), on November 10, 2014, based on a complaint filed by 
Segway, Inc. of Bedford, New Hampshire (``Segway'') and DEKA Products 
Limited Partnership of Manchester, New Hampshire (``DEKA'') 
(collectively, ``Complainants''). 79 FR 66739-40 (Nov. 10, 2014). The 
amended complaint, as supplemented, alleges violations of Section 337 
by reason of infringement of certain claims of U.S. Patent Nos. 
6,789,640 (``the '640 patent''); 7,275,607 (``the '607 patent''); and 
8,830,048 (``the '048 patent''); the claim of U.S. Design Patent No. 
D551,722 (``the '722 design patent''); the claim of U.S. Design Patent 
No. D551,592 (``the '592 design patent''); and U.S. Copyright 
Registration No. TX-7-800-563 by numerous respondents. Id. In 
particular, the notice of investigation named the following thirteen 
entities as respondents: Ninebot Inc., Ninebot (Tianjin) Technology 
Co., Ltd., and PowerUnion (Beijing) Tech Co. Ltd. (the ``Ninebot 
Respondents''); Robstep Robot Co., Ltd. (``Robstep''); Shenzhen 
INMOTION Technologies Co., Ltd. (``INMOTION''); Tech in the City; and 
Freego USA, LLC (``FreeGo USA'') (collectively, ``Terminated 
Respondents''); UPTECH Robotics Technology Co., Ltd. (``UPTECH''); 
Beijing Universal Pioneering Technology Co., Ltd. (``U.P. 
Technology''); Beijing Universal Pioneering Robotics Co., Ltd. (``U.P. 
Robotics''); FreeGo High-Tech Corporation Limited (``FreeGo China''); 
and EcoBoomer Co. Ltd. (``EcoBoomer'') (collectively, ``Defaulting 
Respondents''); and Roboscooters.com (``Roboscooters''). The 
Commission's Office of Unfair Import Investigations was also named as a 
party.
    In the course of the investigation, the ALJ issued the following 
IDs with respect to the Terminated Respondents: ALJ Order Nos. 13 (Feb. 
19, 2015) (not reviewed Mar. 18, 2015) (terminating respondent FreeGo 
USA by consent order); 19 (May 4, 2015) (not reviewed May 20, 2015) 
(terminating respondent Robstep by settlement); 23 (Jun. 19, 2015) (not 
reviewed Jul. 15, 2015) (terminating respondent INMOTION by 
settlement); 24 (Jul. 8, 2015) (not reviewed Jul. 28, 2015) 
(terminating respondent Tech in the City by consent order); and 27 
(Aug. 20, 2015) (not reviewed Sept. 18, 2015) (terminating the Ninebot 
Respondents by settlement). The ALJ also issued an ID finding all of 
the Defaulting Respondents in default. See ALJ Order No. 20 (May 7, 
2015) (not reviewed May 27, 2015). The sole remaining respondent 
Roboscooters participated in a preliminary teleconference on December 
15, 2014, filed an answer to the complaint and notice of investigation 
(Dec. 31, 2014), partially responded to one set of Requests for 
Document Production, and produced a corporate witness for deposition on 
May 6, 2015, but did not otherwise participate in the investigation.
    On July 8, 2015, Complainants filed a motion for summary 
determination of violation of Section 337 by defaulting respondents and 
respondent Roboscooters. The Commission investigative attorney filed a 
response in support of the motion. No other responses were filed.
    On August 21, 2015, the ALJ issued an ID (Order No. 28) granting 
Complainants' motion and making recommendations regarding remedy and 
bonding. The ID finds, inter alia, a violation of Section 337 under 
subsection 337(g)(2) by reason of infringement of the '048 patent based 
on substantial, reliable, and probative evidence. 19 U.S.C. 1337(g)(2). 
The ID also finds a violation by the defaulting respondents and 
respondent Roboscooters by reason of infringement of the '640 patent, 
the '607 patent, the '722 design patent, the '592 design patent, and 
U.S. Copyright Registration No. TX-7-800-563. No party petitioned for 
review of the ID.
    The Commission has determined to review the ID in part and, on 
review, to clarify that the authority for the ALJ to draw adverse 
inferences against respondent Roboscooters for its failures to act 
during the investigation and find Roboscooters in violation is found in 
Commission Rule 210.17, 19 CFR 210.17. On review, the Commission also 
corrects certain apparent typographical errors. Specifically, in the 
last paragraph on page 45, ``Ex. 19'' should be substituted for ``Ex. 
9,'' the ``FreeGo F3'' should be substituted for the ``WindRunner 
G1U.'' Likewise, we

[[Page 61843]]

substitute ``Focxess'' for ``Estway'' in the last paragraph on page 60. 
See ID at 45; 60. Furthermore, we substitute the clause ``In support of 
their allegations in the Complaint that the Gen 2 PT vehicles practice 
claims of the Asserted Utility Patents,'' for the first clause of the 
last sentence on page 65 of the ID. See ID at 65-66.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or are likely to do so. For 
background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(Dec. 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. During this period, the subject 
articles would be entitled to enter the United States under bond, in an 
amount determined by the Commission and prescribed by the Secretary of 
the Treasury. The Commission is therefore interested in receiving 
submissions concerning the amount of the bond that should be imposed if 
a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainants and the IA are also requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainants are further requested to provide the expiration dates of 
each of the asserted patents and copyright, and state the HTSUS 
subheadings under which the accused articles are imported. Complainants 
are also requested to supply the names of known importers of the 
infringing articles. The written submissions and proposed remedial 
orders must be filed no later than the close of business on October 21, 
2015. Reply submissions must be filed no later than the close of 
business on October 28, 2015. Such submissions should address the ALJ's 
recommended determinations on remedy and bonding which were made in 
Order No. 28. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-935'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.
    Issued: October 7, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-26048 Filed 10-13-15; 8:45 am]
BILLING CODE 7020-02-P