By Eric SchweibenzOn September 15, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Personal Transporters and Components Thereof (Inv. No. 337-TA-1021).
By way of background, this investigation is based on an August 16, 2016 complaint filed by Segway Inc. of Bedford, New Hampshire, DEKA Products Limited Partnership of Manchester, New Hampshire, and Ninebot (Tianjin) Technology Co., Ltd. of China 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 post for more details on the complaint.
According to the Notice of Investigation, the Commission has identified the following entities as the respondents:
- Powerboard LLC of Scottsdale, Arizona
- Metem Teknoloji Sistemleri San of Turkey
- Changzhou Airwheel Technology Co., Ltd. of China
- Airwheel of the Netherlands
- Airwheel of Hoboken, New Jersey
- Nanjing Fastwheel Intelligent Technology Co., Ltd. of China
- Shenzhen Chenduoxing Electronic Technology Ltd., China a.k.a. C-Star of China
- Hangzhou Chic Intelligent Technology Co., Ltd. of China
- Hovershop of Placentia, California
- Shenzhen Jomo Technology Co., Ltd. a.k.a. Koowheel of China
- Guangzhou Kebye Electronic Technology Co., Ltd. a.k.a Gotway of China
- Inventist, Inc. of Camas, Washington
The Notice of Investigation further notes that ALJ David P. Shaw will be the presiding Administrative Law Judge in this matter because of the fact that he is currently handling Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007) (the “337-TA-1007 Investigation”). See our June 28, 2016 post for more details. In this regard, the Notice of Investigation further directs ALJ Shaw to consolidate the 337-TA-1007 Investigation with this investigation in view of “the overlapping general exclusion orders requested in the two investigations.”