ALJ Shaw

ALJ Shaw Finds Violation Of Section 337 In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)

By Eric Schweibenz
|
Oct
31
On October 27, 2016, ALJ David P. Shaw issued a notice of the Final Initial Determination on the question of violation of Section 337 in Certain Radiotherapy Systems And Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968).

By way of background, this investigation is based on a September 25, 2015 complaint filed by Varian Medical Systems, Inc. and Varian Medical Systems International AG alleging violation of Section 337 in the importation into the U.S. and sale of certain radiotherapy systems and treatment planning software and components thereof that infringe one or more claims of U.S. Patent Nos. 7,945,021; 8,116,430; 8,867,703; 7,880,154; 7,906,770; and 8,696,538.  See our September 30, 2015 and November 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Terminates Investigation As To Nanjing Fastwheel Intelligent Technology Co. In Certain Personal Transporters (337-TA-1007/1021)

By Eric Schweibenz
|
Nov
17
On November 15, 2016 ALJ David P. Shaw issued Order No. 18 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021).

By way of background, the 337-TA-1007 investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway.  See our May 18, 2016 and June 28, 2016 posts for more details on the complaint and Notice of Investigation, respectively.  The 337-TA-1021 investigation is based on an August 16, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230 and 7,275,607.  See our August 18, 2016 and September 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively.  These investigations were subsequently consolidated.
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ALJ Shaw Issues Public Version Of Initial Determination In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)

By Eric Schweibenz
|
Dec
27
Further to our October 31, 2016 post, on November 28, 2016, ALJ David P. Shaw issued the public version of his Initial Determination (“ID”) finding a violation of Section 337 in Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968). Due to the size of the ID, we have split it into the following: part 1, part 2, part 3, and part 4.

By way of background, this investigation is based on a September 25, 2015 complaint filed by Varian Medical Systems, Inc. and Varian Medical Systems International AG (collectively, “Varian”) alleging violation of Section 337 by Respondents Elekta AB, Elekta Ltd., Elekta GmbH, Elekta Inc., IMPAC Medical Systems, Inc., Elekta Instrument (Shanghai) Ltd., and Elekta Beijing Medical Systems Co. Ltd. (collectively, “Elekta”) in the importation into the U.S. and sale of certain radiotherapy systems and treatment planning software and components thereof that infringe one or more claims of U.S. Patent Nos. 7,945,021 (“the ’021 patent”); 8,116,430 (“the ’430 patent”); 8,867,703 (“the ’703 patent”); 7,880,154 (“the ’154 patent”); 7,906,770 (“the ’770 patent”); and 8,696,538 (“the ’538 patent’). See our September 30, 2015 and November 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets Procedural Schedule In Certain Mobile Electronic Devices (337-TA-1029)

By Eric Schweibenz
|
Dec
29
On December 20, 2016, ALJ David P. Shaw issued Order No. 6 in Certain Mobile Electronic Devices (Inv. No. 337-TA-1029).

By way of background, this investigation is based on an October 14, 2016 complaint filed by Qualcomm Inc. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain mobile electronic devices that infringe one or more claims of U.S. Patent Nos. 8,095,082; 7,999,384; 7,548,407; 8,497,928; and 7,949,367. See our October 19, 2016 and November 15, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Denies Motion To Compel In Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices (337-TA-921)

By Eric Schweibenz
|
Dec
30
On December 21, 2016 ALJ David P. Shaw issued Order No. 31 in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-921) denying a motion to compel.

By way of background, the underlying investigation is based on a complaint filed by Navico Inc. and Navico Holding AS (“Navico”) alleging violation of Section 337 in the importation into the U.S. and sale of certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,305,840 (the '840 patent); 8,300,499; and 8,605,550 (the '550 patent). See our July 11, 2014 post for more details on the underlying investigation. On December 1, 2015, the Commission issued its final determination finding a violation of Section 337 by Respondents based on infringement of certain claims of the ‘840 and ‘550 patents, and issued a limited exclusion order and cease and desist order (“CDO”) directed at Garmin International, Inc. and Garmin USA, Inc. (“Garmin”). On August 18, 2016, the Commission issued a modified limited exclusion order clarifying that certain components being imported by Garmin are covered by the original limited exclusion order.
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ALJ Shaw Grants Motion To Compel In Certain Personal Transporters (337-TA-1007/1021)

By Eric Schweibenz
|
Dec
30
On December 22, 2016 ALJ David P. Shaw issued Order No. 21 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021) granting a motion to compel.

By way of background, the 337-TA-1007 investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. (“Segway”) alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway. See our May 18, 2016 and June 28, 2016 posts for more details on the complaint and Notice of Investigation, respectively. The 337-TA-1021 investigation is based on an August 16, 2016 complaint filed by Segway alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230 and 7,275,607. See our August 18, 2016 and September 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively. These investigations were subsequently consolidated.
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ALJ Shaw Denies Motion to Quash Subpoena In Certain Digital Video Receivers (337-TA-1001)

By Eric Schweibenz
|
Jan
06
On December 21, 2016, ALJ David P. Shaw issued Order No. 34 in Certain Digital Video Receivers and Hardware and Software Components Thereof (Inv. No. 337-TA-1001).

By way of background, this investigation is based on an April 6, 2016 complaint filed by Rovi Corp. and Rovi Guides, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain digital video receivers and hardware and software components thereof that infringe one or more claims of U.S. Patent Nos. 8,006,263; 8,578,413; 8,046,801; 8,621,512; 8,768,147; and 8,566,871. These asserted patents generally relate to Interactive Program Guide (“IPG”) technology. See our April 6, 2016 and June 2, 2016 posts for more details on the complaint and the Notice of Investigation, respectively.
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ALJ Shaw Denies Motion to Strike in Certain Magnetic Data Storage Tapes (337-TA-1012)

By Eric Schweibenz
|
Jan
06
On December 23, 2016, ALJ David P. Shaw issued Order No. 21 in Certain Magnetic Data Storage Tapes and Cartridges Containing the Same (Inv. No. 337-TA-1012), denying FujiFilm complainants’ motion to strike the Sony respondents’ supplemental responses to its invalidity contention interrogatories and related portions of their expert reports and to preclude Sony from relying on documents produced on the last day of discovery. The Commission Investigative Staff had supported the motion in part.

By way of background, this investigation is based on a May 27, 2016 complaint filed by FujiFilm Corporation of Japan and FujiFilm Recording Media U.S.A., Inc. alleging that Sony Corporation of Japan, Sony Corporation of America, and Sony Electronics Inc. violated Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain magnetic data storage tapes and cartridges containing the same that infringe one or more claims of U.S. Patent Nos. 6,641,891; 6,703,106; 6,703,101; 6,767,612; 8,236,434; and 7,355,805. These asserted patents generally relate to magnetic tape media for data storage. See our May 31, 2016 and July 8, 2016 posts for more details on the complaint and the notice of investigation respectively.
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ALJ Shaw Terminates Investigation As To Inventist In Certain Personal Transporters (337-TA-1007/1021)

By Eric Schweibenz
|
Feb
02
On January 30, 2017 ALJ David P. Shaw issued Order No. 25 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021).

By way of background, the 337-TA-1007 investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway. See our May 18, 2016 and June 28, 2016 posts for more details on the complaint and Notice of Investigation, respectively. The 337-TA-1021 investigation is based on an August 16, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230 and 7,275,607. See our August 18, 2016 and September 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively. These investigations were subsequently consolidated.
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ALJ Shaw Terminates Investigation In Certain Mobile Electronic Devices (337-TA-1029)

By Eric Schweibenz
|
Feb
15
On February 13, 2017, ALJ David P. Shaw issued Order No. 8 in Certain Mobile Electronic Devices (Inv. No. 337-TA-1029).

By way of background, this investigation is based on an October 14, 2016 complaint filed by Qualcomm Inc. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain mobile electronic devices that infringe one or more claims of U.S. Patent Nos. 8,095,082; 7,999,384; 7,548,407; 8,497,928; and 7,949,367. See our October 19, 2016 and November 15, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Finds Section 337 Violation In Certain Automated Teller Machines (337-TA-989)

By Eric Schweibenz
|
Mar
14
On March 13, 2017, ALJ David P. Shaw issued a notice of the Final Initial Determination in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-989).

By way of background, this investigation is based on a February 9, 2016 complaint filed by Nautilus Hyosung, Inc. and Nautilus Hyosung America Inc. (collectively, “Nautilus”) alleging violation of Section 337 in the importation into the U.S. and sale of certain automated teller machines, ATM modules, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 7,891,551; 7,950,655; 8,152,165; and 8,523,235. See our February 9, 2016 and March 10, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Terminates Investigation As To Razor In Certain Personal Transporters (337-TA-1007/1021)

By Eric Schweibenz
|
Mar
23
On March 22, 2017, ALJ David P. Shaw issued Order No. 28 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021).

By way of background, the 337-TA-1007 investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway. See our May 18, 2016 and June 28, 2016 posts for more details on the complaint and Notice of Investigation, respectively. The 337-TA-1021 investigation is based on an August 16, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230 and 7,275,607. See our August 18, 2016 and September 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively. These investigations were subsequently consolidated.
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ALJ Shaw Sets Procedural Schedule In Certain Hybrid Electric Vehicles (337-TA-1042)

By Eric Schweibenz
|
Mar
31
On March 29, 2017, ALJ David P. Shaw issued Order No. 5 in Certain Hybrid Electric Vehicles and Components Thereof (Inv. No. 337-TA-1042).

By way of background, this investigation is based on a February 2, 2017 complaint filed by Paice LLC and the Abell Foundation, Inc. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain hybrid electric vehicles and components thereof that infringe one or more claims of U.S. Patent Nos. 7,104,347; 7,237,634; 7,455,134; 7,559,388; and 8,214,097. See our February 6, 2017 and March 8, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Terminates Investigation As To Hovershop In Certain Personal Transporters (337-TA-1007/1021)

By Eric Schweibenz
|
Apr
17
On April 13, 2017 ALJ David P. Shaw issued Order No. 34 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021).

By way of background, the 337-TA-1007 investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway. See our May 18, 2016 and June 28, 2016 posts for more details on the complaint and Notice of Investigation, respectively. The 337-TA-1021 investigation is based on an August 16, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230 and 7,275,607. See our August 18, 2016 and September 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively. These investigations were subsequently consolidated.
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ALJ Shaw Finds Section 337 Violation In Certain Digital Video Receivers (337-TA-1001)

By Eric Schweibenz
|
May
31
On May 26, 2017, ALJ David P. Shaw issued a notice of the Final Initial Determination in Certain Digital Video Receivers and Hardware and Software Components Thereof (Inv. No. 337-TA-1001).

By way of background, this investigation is based on an April 6, 2016 complaint filed by Rovi Corp. and Rovi Guides, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain digital video receivers and hardware and software components thereof that infringe one or more claims of U.S. Patent Nos. 8,006,263; 8,578,413; 8,046,801; 8,621,512; 8,768,147; and 8,566,871. These asserted patents generally relate to Interactive Program Guide (“IPG”) technology.  See our April 6 and June 2, 2016 posts for more details on the complaint and the Notice of Investigation, respectively.
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ALJ Shaw Issues 13-Month Target Date In Certain Collapsible Sockets For Mobile Electronic Devices (337-TA-1056)

By Eric Schweibenz
|
Jun
15
On June 15, 2017, ALJ David P. Shaw issued Order No. 4 in Certain Collapsible Sockets For Mobile Electronic Devices and Components Thereof (Inv. No. 337-TA-1056).

By way of background, this investigation is based on an April 10, 2017 complaint filed by PopSockets LLC of Boulder, Colorado alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation of certain collapsible sockets for mobile electronic devices and components thereof that infringe one or more claims of U.S. Patent No. 8,560,031. See our April 14, 2017 and May 15, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets Procedural Schedule In Certain Collapsible Sockets For Mobile Electronic Devices (337-TA-1056)

By Eric Schweibenz
|
Jun
16
On June 15, 2017, ALJ David P. Shaw issued Order No. 5 in Certain Collapsible Sockets For Mobile Electronic Devices and Components Thereof (Inv. No. 337-TA-1056).    
 
By way of background, this investigation is based on an April 10, 2017 complaint filed by PopSockets LLC of Boulder, Colorado alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation of certain collapsible sockets for mobile electronic devices and components thereof that infringe one or more claims of U.S. Patent No. 8,560,031.  See our April 14, 2017 and May 15, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets Procedural Schedule For Advisory Opinion Proceeding In Certain Ink Cartridges (337-TA-565/946)

By Eric Schweibenz
|
Jul
13
On July 5, 2017, ALJ David P. Shaw issued Order No. 5 in Certain Ink Cartridges (Inv. No. 337-TA-565/946).

By way of background, this proceeding is based on an April 2017 request filed by Ninestar Image Tech Ltd., Ninestar Technology Company, Ltd. and Apex Microtech Ltd. (collectively, “Ninestar”) seeking an advisory opinion that Ninestar’s re-manufactured ink cartridges are outside the scope of the existing general exclusion and cease and desist orders. The underlying 337-TA-946 investigation is based on a December 23, 2014 complaint filed by Epson Portland Inc., Epson America, Inc., and Seiko Epson Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain unauthorized, aftermarket ink cartridges and components thereof that infringe one or more claims of U.S. Patent Nos. 8,366,233; 8,454,116; 8,794,749; 8,801,163; and 8,882,513. See our December 29, 2014 and February 11, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets Procedural Schedule In Certain Bar Code Readers (337-TA-1061)

By Eric Schweibenz
|
Aug
03
On August 1, 2017, ALJ David P. Shaw issued Order No. 5 in Certain Bar Code Readers, Scan Engines, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-1061).

By way of background, this investigation is based on a May 23, 2017 complaint filed by Honeywell International, Inc., Hand Held Products, Inc. d/b/a Honeywell Scanning & Mobility, and Metrologic Instruments, Inc. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation of certain barcode readers, scan engines, products containing the same, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,832,725; 8,511,572; 7,148,923; 7,527,206; 8,646,692; and 9,323,969. See our June 7, 2017 and June 26, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Finds Section 337 Violation In Certain Personal Transporters (337-TA-1007/1021)

By Eric Schweibenz
|
Aug
14
On August 10, 2017 ALJ David P. Shaw issued a notice of the Final Initial Determination (“ID”) in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021).

By way of background, the 337-TA-1007 investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway. See our May 18, 2016 and June 28, 2016 posts for more details on the complaint and Notice of Investigation, respectively. The 337-TA-1021 investigation is based on an August 16, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230 and 7,275,607. See our August 18, 2016 and September 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively. These investigations were subsequently consolidated.
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