81 FR 41342 - Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 122 (June 24, 2016)

Page Range		41342-41343
FR Document		2016-14903

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 18, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Segway, Inc. of Bedford, New Hampshire; DEKA Products Limited Partnership of Manchester, New Hampshire; and Ninebot (Tianjin) Technology Co., Ltd. of Tianjin, China. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain personal transporters, components thereof, and packaging and manuals therefor by reason of infringement of certain claims of U.S. Patent No. 6,302,230 (``the '230 patent''); U.S. Patent No. 6,651,763 (``the '763 patent''); U.S. Patent No. 7,023,330 (``the '330 patent''); U.S. Patent No. 7,275,607 (``the '607 patent''); U.S. Patent No. 7,479,872 (``the '872 patent''); U.S. Patent No. 9,188,984 (``the '984 patent''); U.S. Trademark Registration No. 2,727,948 (``the '948 trademark''); and U.S. Trademark Registration No. 2,769,942 (``the '942 trademark''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

Federal Register, Volume 81 Issue 122 (Friday, June 24, 2016)

[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41342-41343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14903]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1007]


Certain Personal Transporters, Components Thereof, and Packaging 
and Manuals Therefor; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 18, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Segway, Inc. of Bedford, New Hampshire; DEKA Products Limited 
Partnership of Manchester, New Hampshire; and Ninebot (Tianjin) 
Technology Co., Ltd. of Tianjin, China. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain personal transporters, components thereof, 
and packaging and manuals therefor by reason of infringement of certain 
claims of U.S. Patent No. 6,302,230 (``the '230 patent''); U.S. Patent 
No. 6,651,763 (``the '763 patent''); U.S. Patent No. 7,023,330 (``the 
'330 patent''); U.S. Patent No. 7,275,607 (``the '607 patent''); U.S. 
Patent No. 7,479,872 (``the '872 patent''); U.S. Patent No. 9,188,984 
(``the '984 patent''); U.S. Trademark Registration No. 2,727,948 (``the 
'948 trademark''); and U.S. Trademark Registration No. 2,769,942 (``the 
'942 trademark''). The complaint further alleges that an industry in 
the United States exists as required by subsection (a)(2) of section 
337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2015).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 17, 2016, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain personal transporters, components thereof, and packaging and 
manuals therefor by reason of infringement of one or more of claims 1, 
3-5, and 7 of the '230 patent; claims 1-5 and 7 of the '763 patent; 
claims 1-3 and 5 of the '330 patent; claims 1-4 and 6 of the '607 
patent; claims 1, 3-5, 10-12, and 17 of the '872 patent; and claims 1-3 
and 5-20 of the '984 patent, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (b) whether there is a violation of subsection (a)(1)(C) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain personal transporters, components thereof, and packaging and 
manuals therefor by reason of infringement of the '948 trademark and 
the '942 trademark, and whether an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Segway, Inc., 14 Technology Drive, Bedford, NH 03110
DEKA Products Limited Partnership, 340 Commercial Street, Suite 401, 
Manchester, NH 03101
Ninebot (Tianjin) Technology Co., Ltd., Building 9, Jiasuqi, Tianrui 
Road, Science and Technology Park Center, Auto Industrial Park Wuqing, 
Tianjin, China

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Inventist, Inc., 4901 NW Camas Meadows Drive, Camas, WA 98607

[[Page 41343]]

PhunkeeDuck, Inc., 250 Jericho Turnpike, Floral Park, NY 11001
Razor USA LLC, 12723 166th Street, Cerritos, CA 90703
Swagway LLC, 3431 William Richardson Drive, Suite F, South Bend, IN 
46628
Segaway, 3940 Laurel Canyon Boulevard #376, Studio City, CA 91604
Jetson Electric Bikes LLC, 175 Varick Street, New York, NY 10014

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: June 20, 2016.
Lisa R. Barton,
Secretary to the Commission.

[FR Doc. 2016-14903 Filed 6-23-16; 8:45 am]
 BILLING CODE 7020-02-P

41342 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices

include information on non-monetary SUMMARY: Notice is hereby given that a Authority: The authority for institution of
credits offered at the lease sale stage or complaint was filed with the U.S. this investigation is contained in section 337
recommendations on community International Trade Commission on May of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
benefits. 18, 2016, under section 337 of the Tariff of Practice and Procedure, 19 CFR 210.10
Protection of Privileged or Confidential Act of 1930, as amended, 19 U.S.C. (2015).
Information 1337, on behalf of Segway, Inc. of
Bedford, New Hampshire; DEKA Scope of Investigation: Having
Freedom of Information Act Products Limited Partnership of considered the complaint, the U.S.
BOEM will protect privileged or Manchester, New Hampshire; and International Trade Commission, on
confidential information you submit Ninebot (Tianjin) Technology Co., Ltd. June 17, 2016, ordered that—
when required by the Freedom of of Tianjin, China. The complaint alleges (1) Pursuant to subsection (b) of
Information Act (FOIA). Exemption 4 of violations of section 337 based upon the section 337 of the Tariff Act of 1930, as
FOIA applies to trade secrets and importation into the United States, the amended, an investigation be instituted
commercial or financial information sale for importation, and the sale within to determine:
that is privileged or confidential. If you the United States after importation of (a) Whether there is a violation of
wish to protect the confidentiality of certain personal transporters, subsection (a)(1)(B) of section 337 in the
such information, clearly label it with components thereof, and packaging and importation into the United States, the
‘‘Contains Confidential Information’’ manuals therefor by reason of sale for importation, or the sale within
and request BOEM treat it as infringement of certain claims of U.S. the United States after importation of
confidential, and consider submitting Patent No. 6,302,230 (‘‘the ’230 patent’’); certain personal transporters,
such information as a separate U.S. Patent No. 6,651,763 (‘‘the ’763 components thereof, and packaging and
attachment. BOEM will not disclose patent’’); U.S. Patent No. 7,023,330 (‘‘the manuals therefor by reason of
such information if it qualifies for ’330 patent’’); U.S. Patent No. 7,275,607 infringement of one or more of claims 1,
exemption from disclosure under FOIA. (‘‘the ’607 patent’’); U.S. Patent No. 3–5, and 7 of the ’230 patent; claims 1–
Information not labeled as privileged or 7,479,872 (‘‘the ’872 patent’’); U.S. 5 and 7 of the ’763 patent; claims 1–3
confidential will be regarded by BOEM Patent No. 9,188,984 (‘‘the ’984 patent’’); and 5 of the ’330 patent; claims 1–4 and
as suitable for public release. U.S. Trademark Registration No. 6 of the ’607 patent; claims 1, 3–5, 10–
BOEM will not treat as confidential 2,727,948 (‘‘the ’948 trademark’’); and 12, and 17 of the ’872 patent; and claims
any aggregate summaries of such U.S. Trademark Registration No. 1–3 and 5–20 of the ’984 patent, and
information or comments not containing 2,769,942 (‘‘the ’942 trademark’’). The whether an industry in the United
such information. Additionally, BOEM complaint further alleges that an States exists as required by subsection
will not treat as confidential (1) the legal industry in the United States exists as (a)(2) of section 337;
title of the nominating entity (for required by subsection (a)(2) of section
example, the name of your company), or (b) whether there is a violation of
337. subsection (a)(1)(C) of section 337 in the
(2) the list of whole or partial blocks The complainants request that the
that you are nominating. importation into the United States, the
Commission institute an investigation sale for importation, or the sale within
Section 304 of the National Historic and, after the investigation, issue a the United States after importation of
Preservation Act (16 U.S.C. 470w–3(a)) general exclusion order, or in the certain personal transporters,
BOEM is required to withhold the alternative a limited exclusion order, components thereof, and packaging and
location, character, or ownership of and cease and desist orders. manuals therefor by reason of
historic resources if it determines ADDRESSES: The complaint, except for infringement of the ’948 trademark and
disclosure may, among other things, risk any confidential information contained the ’942 trademark, and whether an
harm to the historic resources or impede therein, is available for inspection industry in the United States exists as
the use of a traditional religious site by during official business hours (8:45 a.m. required by subsection (a)(2) of section
practitioners. Entities that are protected to 5:15 p.m.) in the Office of the 337.
under NHPA should designate Secretary, U.S. International Trade (2) For the purpose of the
information falling under Section 304 of Commission, 500 E Street SW., Room investigation so instituted, the following
NHPA as confidential. 112, Washington, DC 20436, telephone are hereby named as parties upon which
Dated: June 16, 2016. (202) 205–2000. Hearing impaired this notice of investigation shall be
Abigail Ross Hopper, individuals are advised that information served:
Director, Bureau of Ocean Energy on this matter can be obtained by (a) The complainants are:
Management. contacting the Commission’s TDD
Segway, Inc., 14 Technology Drive,
[FR Doc. 2016–14830 Filed 6–23–16; 8:45 am] terminal on (202) 205–1810. Persons
Bedford, NH 03110
with mobility impairments who will
BILLING CODE 4310–MR–P
need special assistance in gaining access DEKA Products Limited Partnership,
to the Commission should contact the 340 Commercial Street, Suite 401,
Office of the Secretary at (202) 205– Manchester, NH 03101
INTERNATIONAL TRADE Ninebot (Tianjin) Technology Co., Ltd.,
COMMISSION 2000. General information concerning
the Commission may also be obtained Building 9, Jiasuqi, Tianrui Road,
[Investigation No. 337–TA–1007] Science and Technology Park Center,
by accessing its internet server at http://
www.usitc.gov. The public record for Auto Industrial Park Wuqing, Tianjin,
Certain Personal Transporters,
sradovich on DSK3GDR082PROD with NOTICES

this investigation may be viewed on the China
Components Thereof, and Packaging
and Manuals Therefor; Institution of Commission’s electronic docket (EDIS) (b) The respondents are the following
Investigation at http://edis.usitc.gov. entities alleged to be in violation of
FOR FURTHER INFORMATION CONTACT: The section 337, and are the parties upon
AGENCY: U.S. International Trade which the complaint is to be served:
Commission. Office of Unfair Import Investigations,
U.S. International Trade Commission, Inventist, Inc., 4901 NW Camas
ACTION: Notice.
telephone (202) 205–2560. Meadows Drive, Camas, WA 98607

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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices 41343

PhunkeeDuck, Inc., 250 Jericho INTERNATIONAL TRADE reason of infringement of one or more of
Turnpike, Floral Park, NY 11001 COMMISSION claims 1, 2, 17, 25, 26, 31, 32, 35, 36,
Razor USA LLC, 12723 166th Street, 41–43, 53, and 56 of U.S. Patent No.
[Investigation No. 337–TA–926]
Cerritos, CA 90703 7,652,952 (‘‘the ’952 patent’’); claims 1,
Certain Marine Sonar Imaging 5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S.
Swagway LLC, 3431 William Patent No. 7,710,825 (‘‘the ’825 patent’’);
Richardson Drive, Suite F, South Systems, Products Containing the
Same, and Components Thereof; and claims 14, 18, 21–23, 25, and 33 of
Bend, IN 46628 U.S. Patent No. 7,755,974 (‘‘the ’974
Notice of the Commission’s
Segaway, 3940 Laurel Canyon Determination To Rescind a Limited patent’’). Id. The notice of investigation
Boulevard #376, Studio City, CA Exclusion Order and Cease and Desist named the following respondents:
91604 Orders Garmin International, Inc.; Garmin
North America, Inc.; Garmin USA, Inc.
Jetson Electric Bikes LLC, 175 Varick AGENCY: U.S. International Trade all of Olathe, Kansas; and Garmin
Street, New York, NY 10014 Commission. Corporation of New Taipei City, Taiwan
(c) The Office of Unfair Import ACTION: Notice. (collectively, ‘‘Garmin’’). Id. The Office
Investigations, U.S. International Trade of Unfair Import Investigations was not
SUMMARY: Notice is hereby given that a party to the investigation.
Commission, 500 E Street SW., Suite
the U.S. International Trade On July 13, 2015, the ALJ issued his
401, Washington, DC 20436; and
Commission has determined to rescind final ID, finding a violation of section
(3) For the investigation so instituted, a limited exclusion order prohibiting 337 by Garmin in connection with
the Chief Administrative Law Judge, importation of infringing marine sonar claims 14, 18, 21, 22, 23, and 33 of the
U.S. International Trade Commission, imaging systems, products containing ’974 patent. The ID found no violation
shall designate the presiding the same, and components thereof and of section 337 in connection with the
Administrative Law Judge. cease and desist orders directed to the asserted claims of the ’952 and ’825
Responses to the complaint and the domestic respondents, based upon patents, and claim 25 of the ’974 patent.
notice of investigation must be settlement. On July 27, 2015, the parties filed
submitted by the named respondents in FOR FURTHER INFORMATION CONTACT:
petitions for review of the ID. On
Panyin A. Hughes, Office of the General August 4, 2015, the parties filed
accordance with section 210.13 of the
Counsel, U.S. International Trade responses to the petitions.
Commission’s Rules of Practice and On August 25, 2015, the Commission
Procedure, 19 CFR 210.13. Pursuant to Commission, 500 E Street SW.,
determined to review the final ID on all
19 CFR 201.16(e) and 210.13(a), such Washington, DC 20436, telephone 202–
issues petitioned. 80 Fed. Reg. 55872–74
responses will be considered by the 205–3042. Copies of non-confidential
(Sept. 17, 2015). On review, the
Commission if received not later than 20 documents filed in connection with this
Commission determined to affirm the
days after the date of service by the investigation are or will be available for
ALJ’s finding of violation of section 337
Commission of the complaint and the inspection during official business
with respect to claims 14, 18, 21–23,
notice of investigation. Extensions of hours (8:45 a.m. to 5:15 p.m.) in the and 33 of the ’974 patent. 80 Fed. Reg.
time for submitting responses to the Office of the Secretary, U.S. 73211–12 (Nov. 24, 2015). The
International Trade Commission, 500 E Commission also determined to affirm
complaint and the notice of
Street SW., Washington, DC 20436, the ID’s finding of no violation of
investigation will not be granted unless
telephone 202–205–2000. General section 337 in connection with the
good cause therefor is shown. information concerning the Commission asserted claims of the ’952 patent, ’825
Failure of a respondent to file a timely may also be obtained by accessing its patent, and claim 25 of the ’974 patent.
response to each allegation in the Internet server (http://www.usitc.gov). Id.
complaint and in this notice may be The public record for this investigation Having found a violation of section
deemed to constitute a waiver of the may be viewed on the Commission’s 337, the Commission determined that
right to appear and contest the electronic docket (EDIS) at http:// the appropriate form of relief was: (1) A
allegations of the complaint and this edis.usitc.gov. Hearing-impaired limited exclusion order prohibiting the
notice, and to authorize the persons are advised that information on unlicensed entry of marine sonar
administrative law judge and the this matter can be obtained by imaging systems, products containing
Commission, without further notice to contacting the Commission’s TDD the same, and components thereof that
the respondent, to find the facts to be as terminal on 202–205–1810. infringe one or more of claims 14, 18,
alleged in the complaint and this notice SUPPLEMENTARY INFORMATION: The 21, 22, 23, and 33 of the ’974 patent that
and to enter an initial determination Commission instituted this investigation are manufactured by, or on behalf of, or
and a final determination containing on August 21, 2014, based on a are imported by or on behalf of Garmin
such findings, and may result in the complaint filed by Johnson Outdoors or any of its affiliated companies,
issuance of an exclusion order or a cease lnc. of Racine, Wisconsin and Johnson parents, subsidiaries, agents, or other
and desist order or both directed against Outdoors Marine Electronics, Inc. of related business entities, or their
the respondent. Eufaula, Alabama (collectively, successors or assigns; and (2) cease and
‘‘Johnson Outdoors’’). 79 Fed. Reg. desist orders prohibiting domestic
By order of the Commission. 49536 (Aug. 21, 2014). The complaint respondents Garmin International, Inc.;
Issued: June 20, 2016. alleged violations of section 337 of the Garmin North America, Inc.; and
sradovich on DSK3GDR082PROD with NOTICES

Lisa R. Barton, Tariff Act of 1930, as amended (19 Garmin USA, Inc. from conducting any
Secretary to the Commission. U.S.C. 1337), in the importation into the of the following activities in the United
[FR Doc. 2016–14903 Filed 6–23–16; 8:45 am]
United States, the sale for importation, States: Importing, selling, marketing,
and the sale within the United States advertising, distributing, transferring
BILLING CODE 7020–02–P
after importation of certain marine sonar (except for exportation), and soliciting
imaging systems, products containing U.S. agents or distributors for, marine
the same, and components thereof by sonar imaging systems, products

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Document Created: 2016-06-24 00:53:03
Document Modified: 2016-06-24 00:53:03

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		81 FR 41342