Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor; Institution of Investigation, 41342-41343 [2016-14903]
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
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[FR Doc. 2016–14830 Filed 6–23–16; 8:45 am]
BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
sradovich on DSK3GDR082PROD with NOTICES
[Investigation No. 337–TA–1007]
Certain Personal Transporters,
Components Thereof, and Packaging
and Manuals Therefor; Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
VerDate Sep<11>2014
18:31 Jun 23, 2016
Jkt 238001
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 https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
SUMMARY:
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
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
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
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
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–926]
Certain Marine Sonar Imaging
Systems, Products Containing the
Same, and Components Thereof;
Notice of the Commission’s
Determination To Rescind a Limited
Exclusion Order and Cease and Desist
Orders
sradovich on DSK3GDR082PROD with NOTICES
(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
VerDate Sep<11>2014
17:43 Jun 23, 2016
Jkt 238001
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to rescind
a limited exclusion order prohibiting
importation of infringing marine sonar
imaging systems, products containing
the same, and components thereof and
cease and desist orders directed to the
domestic respondents, based upon
settlement.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202–
205–3042. Copies of non-confidential
documents filed in connection with this
investigation are or will be 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., Washington, DC 20436,
telephone 202–205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on August 21, 2014, based on a
complaint filed by Johnson Outdoors
lnc. of Racine, Wisconsin and Johnson
Outdoors Marine Electronics, Inc. of
Eufaula, Alabama (collectively,
‘‘Johnson Outdoors’’). 79 Fed. Reg.
49536 (Aug. 21, 2014). The complaint
alleged violations of section 337 of the
Tariff Act of 1930, as amended (19
U.S.C. 1337), in the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain marine sonar
imaging systems, products containing
the same, and components thereof by
PO 00000
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Fmt 4703
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41343
reason of infringement of one or more of
claims 1, 2, 17, 25, 26, 31, 32, 35, 36,
41–43, 53, and 56 of U.S. Patent No.
7,652,952 (‘‘the ’952 patent’’); claims 1,
5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S.
Patent No. 7,710,825 (‘‘the ’825 patent’’);
and claims 14, 18, 21–23, 25, and 33 of
U.S. Patent No. 7,755,974 (‘‘the ’974
patent’’). Id. The notice of investigation
named the following respondents:
Garmin International, Inc.; Garmin
North America, Inc.; Garmin USA, Inc.
all of Olathe, Kansas; and Garmin
Corporation of New Taipei City, Taiwan
(collectively, ‘‘Garmin’’). Id. The Office
of Unfair Import Investigations was not
a party to the investigation.
On July 13, 2015, the ALJ issued his
final ID, finding a violation of section
337 by Garmin in connection with
claims 14, 18, 21, 22, 23, and 33 of the
’974 patent. The ID found no violation
of section 337 in connection with the
asserted claims of the ’952 and ’825
patents, and claim 25 of the ’974 patent.
On July 27, 2015, the parties filed
petitions for review of the ID. On
August 4, 2015, the parties filed
responses to the petitions.
On August 25, 2015, the Commission
determined to review the final ID on all
issues petitioned. 80 Fed. Reg. 55872–74
(Sept. 17, 2015). On review, the
Commission determined to affirm the
ALJ’s finding of violation of section 337
with respect to claims 14, 18, 21–23,
and 33 of the ’974 patent. 80 Fed. Reg.
73211–12 (Nov. 24, 2015). The
Commission also determined to affirm
the ID’s finding of no violation of
section 337 in connection with the
asserted claims of the ’952 patent, ’825
patent, and claim 25 of the ’974 patent.
Id.
Having found a violation of section
337, the Commission determined that
the appropriate form of relief was: (1) A
limited exclusion order prohibiting the
unlicensed entry of marine sonar
imaging systems, products containing
the same, and components thereof that
infringe one or more of claims 14, 18,
21, 22, 23, and 33 of the ’974 patent that
are manufactured by, or on behalf of, or
are imported by or on behalf of Garmin
or any of its affiliated companies,
parents, subsidiaries, agents, or other
related business entities, or their
successors or assigns; and (2) cease and
desist orders prohibiting domestic
respondents Garmin International, Inc.;
Garmin North America, Inc.; and
Garmin USA, Inc. from conducting any
of the following activities in the United
States: Importing, selling, marketing,
advertising, distributing, transferring
(except for exportation), and soliciting
U.S. agents or distributors for, marine
sonar imaging systems, products
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]]>Agencies
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41342-41343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14903]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://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
