81 FR 64936 - Certain Personal Transporters and Components Thereof Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 183 (September 21, 2016)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 16, 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 China. A supplement to the complaint was filed on September 2, 2016. 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 and components thereof by reason of infringement of U.S. Patent No. 6,302,230 (``the '230 patent'') and U.S. Patent No. 7,275,607 (``the '607 patent''). 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 183 (Wednesday, September 21, 2016)]
[Notices]
[Pages 64936-64937]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22758]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1021]


Certain Personal Transporters and Components Thereof 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 August 16, 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 China. A supplement to the complaint was filed 
on September 2, 2016. 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 and components thereof by reason of 
infringement of U.S. Patent No. 6,302,230 (``the '230 patent'') and 
U.S. Patent No. 7,275,607 (``the '607 patent''). 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 https://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 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 15, 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 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 and components thereof by reason of infringement of one or 
more of claims 1, 3, and 4 of the '230 patent and claims 1-4 and 6 of 
the '607 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;

[[Page 64937]]

    (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:

Powerboard LLC, 9363 E Bahia Drive, Scottsdale, AZ 85260
Metem Teknoloji Sistemleri San, Necatibey Cad. No: 61, Karak[ouml]y, 
Istanbul, Turkey
Changzhou Airwheel Technology Co., Ltd., Fl. 9 Zhongchuang Building, 
No. 396 Tongjiang Road, Xinbei District, Changzhou, Jiangsu, China
Airwheel, Kabelweg 43 1014 BA, Amsterdam, Netherlands
Nanjing Fastwheel Intelligent Technology Co., Ltd., C2-1 Hongfeng 
Science & Technology Park, Qixia District, Nanjing, China
Shenzhen Chenduoxing Electronic, Technology Ltd., China, a.k.a. C-Star, 
4F, block C11, Fuyuan Industrial Area, Jiuwei, Xixiang, Bao'an, 
Shenzhen, China
Hangzhou Chic Intelligent Technology Co., Ltd., 2/F, No. 2 Building, 
Liangzhu University, Science and Technology Park, No. 1 Jingyi Road, 
Hangzhou, 311112, China
Hovershop, 330 East Orange Thorpe Avenue, Suite K, Placentia, CA 92871
Shenzhen Jomo Technology Co., Ltd., a.k.a. Koowheel, Floor 4th and 7th, 
Caiyue Building, Meilong Road, Bao'an District, Shenzhen City, 518112, 
China
Guanghzou Kebye Electronic Technology Co., Ltd., a.k.a. Gotway, A2, 2nd 
Floor, Building 39, Dayangtian Industry Park, Wanfeng, No. 56, Fengtang 
Road, Bao'an District, Shenzhen, China
Inventist, Inc., 4901 NW Camas Meadows Drive, Camas, WA 98607

    (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 Honorable David P. 
Shaw is designated as the presiding Administrative Law Judge.
    The Commission has determined to assign this investigation to Judge 
Shaw, who is the presiding administrative law judge in Certain Personal 
Transporters, Components Thereof, and Packaging and Manuals Therefor, 
Inv. No. 337-TA-1007, and hereby directs Judge Shaw to consolidate the 
two proceedings in view of the overlapping general exclusion orders 
requested in the two investigations.
    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: September 15, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-22758 Filed 9-20-16; 8:45 am]
 BILLING CODE 7020-02-P