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)

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, 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.

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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