81 FR 14129 - Certain Personal Transporters, Components Thereof, and Manuals Therefor; Issuance of a General Exclusion Order, a Limited Exclusion Order, and a Cease and Desist Order, Termination of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 51 (March 16, 2016)

Notice is hereby given that the U.S. International Trade Commission has determined to issue: (1) A general exclusion order (``GEO'') barring the unlicensed entry of certain personal transporters that infringe one patent asserted in this investigation; (2) a limited exclusion order (``LEO'') prohibiting the unlicensed entry of infringing personal transporters, components thereof, and manuals therefor manufactured abroad by or on behalf of certain respondents that are covered by one or more asserted U.S. patents and copyright; and (2) a cease and desist order (``CDO'') directed against one domestic defaulting respondent. The Commission has terminated this investigation.

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14129-14130]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05887]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-935]


Certain Personal Transporters, Components Thereof, and Manuals 
Therefor; Issuance of a General Exclusion Order, a Limited Exclusion 
Order, and a Cease and Desist Order, Termination of Investigation

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 issue: (1) A general exclusion order 
(``GEO'') barring the unlicensed entry of certain personal transporters 
that infringe one patent asserted in this investigation; (2) a limited 
exclusion order (``LEO'') prohibiting the unlicensed entry of 
infringing personal transporters, components thereof, and manuals 
therefor manufactured abroad by or on behalf of certain respondents 
that are covered by one or more asserted U.S. patents and copyright; 
and (2) a cease and desist order (``CDO'') directed against one 
domestic defaulting respondent. The Commission has terminated this 
investigation.

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 (``the Asserted Copyright'') 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 
(i.e., U.P. Robotics, U.P. Technology, UPTECH, FreeGo China, and 
EcoBoomer), and respondent Roboscooters. The IA filed a response in 
support of the motion on July 23, 2015. No respondent filed a response 
to the motion.
    On August 21, 2015, the ALJ issued an ID (order No. 28) granting 
Complainants' motion. No party petitioned for review of the ID.
    On October 7, 2015, the Commission issued a Notice (``Commission 
Notice''). The Commission determined to affirm

[[Page 14130]]

the ALJ's finding of a violation of section 337. The Commission also 
determined to review the August 21 ID in part. On review, the 
Commission determined, inter alia, 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, and 
corrected certain apparent typographical errors in the ID. See 80 FR 
61842-43 (Oct. 14, 2015). The Commission requested written submissions 
on remedy, public interest, and bonding. See id. at 61843. Complainants 
and the IA timely filed their submissions pursuant to the Commission 
Notice. No other parties filed any submissions in response to the 
Commission Notice.
    Having reviewed the submissions filed in response to the 
Commission's Notice and the evidentiary record, the Commission has 
determined that the appropriate form of relief in this investigation 
is: (a) A GEO prohibiting the unlicensed importation of certain 
personal transporters covered by claims 1, 2 and 4-7 of the '048 
patent; (b) an LEO prohibiting the unlicensed entry of infringing (i) 
personal transporters, components thereof, and manuals therefor that 
are covered by one or more of claims 1 and 4 of the '640 patent 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
the respondents UPTECH, U.P. Technology, U.P. Robotics, FreeGo China, 
EcoBoomer, and Roboscooters or any of their affiliated companies, 
parents, subsidiaries, or other related business entities, or their 
successors or assigns; (ii) personal transporters, components thereof, 
and manuals therefor that are covered by one or more of claims 1, 3, 
and 7 of the '607 patent manufactured abroad by or on behalf of, or 
imported by or on behalf of, the respondents UPTECH, U.P. Technology, 
U.P. Robotics, FreeGo China, EcoBoomer, and Roboscooters or any of 
their affiliated companies, parents, subsidiaries, or other related 
business entities, or their successors or assigns; (iii) personal 
transporters, components thereof, and manuals therefor that are covered 
by the claim of the '722 design patent manufactured abroad by or on 
behalf of, or imported by or on behalf of, U.P. Robotics, U.P. 
Technology, or UPTECH, or any of their affiliated companies, parents, 
subsidiaries, or other related business entities, or their successors 
or assigns; (iv) personal transporters, components thereof, and manuals 
therefor that are covered by the claim of the '592 design patent 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
U.P. Robotics, U.P. Technology, UPTECH, FreeGo China, or Roboscooters, 
or any of their affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns; (v) personal 
transporters, components thereof, and manuals therefor that are covered 
by the Asserted Copyright manufactured abroad by or on behalf of, or 
imported by or on behalf of, U.P. Robotics, U.P. Technology, or UPTECH, 
or any of their affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns; and (c) a 
CDO directed against respondent Ecoboomer.
    The Commission has further determined that the public interest 
factors enumerated in subsections (d)(l), (d)(2), and (f)(1) (19 U.S.C. 
1337(d)(l), (d)(2), (f)(1)) do not preclude issuance of the above-
referenced remedial orders. Additionally, the Commission has determined 
that a bond in the amount of one hundred (100) percent of the entered 
value is required to permit temporary importation of the articles in 
question during the period of Presidential review (19 U.S.C. 1337(j)). 
The Commission has also issued an opinion explaining the basis for the 
Commission's action. The investigation is terminated.
    The Commission's orders and the record upon which it based its 
determination were delivered to the President and to the United States 
Trade Representative on the day of their issuance. The Commission has 
also notified the Secretary of the Treasury of the orders.
    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: March 10, 2016.

Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-05887 Filed 3-15-16; 8:45 am]
 BILLING CODE 7020-02-P