Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor; Institution of Investigation, 41342-41343 [2016-14903]

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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 E:\FR\FM\24JNN1.SGM 24JNN1 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 Frm 00057 Fmt 4703 Sfmt 4703 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 E:\FR\FM\24JNN1.SGM 24JNN1

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]


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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
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