[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Notices]
[Pages 66739-66740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26629]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-935]


Certain Personal Transporters, Components Thereof, 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 September 9, 2014, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec.  1337, on 
behalf of Segway Inc. of Bedford, New Hampshire and DEKA Products 
Limited Partnership of Manchester, New Hampshire. A supplement to the 
complaint was filed on September 19, 2014. An amended complaint was 
filed on October 6, 2014. The amended 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 
manuals therefor by reason of infringement of certain claims of U.S. 
Patent No. 6,789,640 (``the '640 patent''); U.S. Patent No. 7,275,607 
(``the '607 patent''); U.S. Patent No. 8,830,048 (``the '048 patent''); 
U.S. Design Patent No. D551,722 (``the '722 patent''); U.S. Design 
Patent No. D551,592 (``the '592 patent''); and Copyright Registration 
No. TX 7-800-563; and 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, and cease and desist 
orders.

ADDRESSES: The amended 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 (2014).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on November 4, 2014, 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 manuals therefor 
by reason of infringement of

[[Page 66740]]

one or more of claims 1 and 4 of the '640 patent; claims 1, 3, and 7 of 
the '607 patent; claims 1, 2, 4, 5, 6, and 7 of the '048 patent; the 
claim of the '722 design patent; and the claim of the '592 design 
patent;
    (b) 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 manuals therefor 
by reason of infringement of U.S. Copyright Registration No. TX-7-800-
563; and
    (c) 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 St., Suite 401, 
Manchester, NH 03101

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

PowerUnion (Beijing) Tech Co. Ltd., A09, 2nd Floor, Guangshun North 
Street No. 19, Chaoyang District, Beijing, PRC 100012
UPTECH Robotics Technology Co., Ltd., Room 302,3/F TianLi Building No. 
56, ZhiChun Road, Haidan District, Beijing, PRC 100098
Beijing Universal Pioneering Robotics Co., Ltd., Room 302,3/F TianLi 
Building No. 56, ZhiChun Road, Haidan District, Beijing, PRC 100098
Beijing Universal Pioneering Technology Co., Ltd., 4F Zhong Hang Ke Ji 
Building, ZhiChun Road, Haidan District, Beijing, PRC 100098
Ninebot Inc. (in China), Room 101,1/F, Building A-1, Northern 
Territory, Zhongguancun Dongsheng Science and Technology Park, No.66, 
Xixiaokou Road, Haidian District, Beijing, PRC 100102
Ninebot Inc. (in USA), 113 Barksdale Professional Ctr., Newark, DE 
19711
Shenzhen INMOTION Technologies Co., Ltd., (West Side) 1st Floor, 
Building 711, Pengji Industrial Zone, Liantang Street, Luohu District, 
Shenzhen, Guangdong, PRC
Robstep Robot Co., Ltd., Room 110, The R&D Building, No. 1 Sci & Tech 
Road 9, SSL Sci & Tech Industry Park, Dongguan, Guangdong, PRC 523808
FreeGo High-Tech Corporation Limited, 6/F, Block I, Electronic Info 
Industrial Park, HuangCheng Road, YangMei, Bantian, Shenzhen, PRC 
518129
Freego USA, LLC, 915 5th Pl., Sibley, IA 51249
Tech in the City, 77 Pauahi St., Honolulu, HI 96813
Roboscooters.com, 21541 Crawford Lake Rd., Laurel Hill, NC 28541
EcoBoomer Co. Ltd., 18139 Coastline Dr., Suite 3, Malibu, CA 90265

    (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 amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: November 5, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-26629 Filed 11-7-14; 8:45 am]
BILLING CODE 7020-02-P