[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57385-57386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24151]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-935]
Certain Personal Transporters, Components Thereof, and Manuals
Therefor; Commission's Determination Not To Review an Initial
Determination Terminating Respondents Ninebot (Tianjin) Technology Co.,
Ltd., Ninebot Inc. (USA), and Powerunion (Beijing) Tech Co., Ltd. Based
on Settlement; Amendment of the Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 27)
terminating Ninebot (Tianjin) Technology Co., Ltd, Ninebot Inc. (USA),
and PowerUnion (Beijing) Tech Co. Ltd. based on settlement. The
Commission amends the Notice of Investigation to correct the corporate
name of Ninebot Inc. (China) to Ninebot (Tianjin) Technology Co., Ltd.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 at
http://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's
[[Page 57386]]
electronic docket (EDIS) at http://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 November 10, 2014, based on a complaint filed on behalf of Segway
Inc. of Bedford, New Hampshire and DEKA Products Limited Partnership of
Manchester, New Hampshire (collectively ``Complainants''). 79 FR 66739-
40 (Nov. 10, 2014). The complaint was filed on September 9, 2014; a
supplement to the complaint was filed on September 19, 2014; and an
amended complaint was filed on October 6, 2014. The amended complaint
alleges violations of Section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the sale for importation, importation, or
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; U.S.
Patent No. 7,275,607; U.S. Patent No. 8,830,048; U.S. Design Patent No.
D551,722; U.S. Design Patent No. D551,592; and Copyright Registration
No. TX 7-800-563. The Commission's notice of investigation named
numerous respondents including, among others: PowerUnion (Beijing) Tech
Co. Ltd. (``PowerUnion'') of Beijing, China; Ninebot Inc. of Beijing
China, and Ninebot Inc. of Newark, Delaware (collectively ``Ninebot'').
A Commission investigative attorney (IA) is participating in the
investigation.
On August 13, 2015, Complainants and Respondents Ninebot and
PowerUnion (collectively the ``Settling Respondents'') filed a joint
motion to terminate the investigation with respect to the Settling
Respondents based on a settlement agreement. On August 19, 2015, the IA
filed a response supporting the motion.
On August 20, 2015, the ALJ granted the motion. Order No. 27. The
ALJ explained that Complainants and the Settling Respondents entered
into a sublicense agreement; and Segway and the Settling Respondents
entered into a license agreement. Id. at 2-3. The ALJ found that the
parties complied with the rules and provided confidential and non-
confidential versions of the sublicense agreement and that the license
agreement is non-confidential. Id. at 3. The ALJ noted that the parties
represented that the only other relevant agreements, written or oral,
express or implied between them concerning the subject matter of this
investigation are an agreement attached to the joint motion as
Confidential Exhibit D, and the Ginger License Agreement that was
attached to the amended complaint (Exhibit 7). Id. at 3-4. The ALJ also
determined that partial termination of the investigation based on
settlement would not impose any undue burdens on public health and
welfare, competitive conditions in the U.S. economy, the production of
like or directly competitive articles in the United States, or U.S.
consumers. Id. at 4. No petitions for review were filed.
In the ID, the ALJ noted that the correct corporate name for
Ninebot Inc. (China) is Ninebot (Tianjin) Technology Co., Ltd. which
was identified by Ninebot in its response to the amended complaint.
The Commission has determined not to review the subject ID.
The Commission hereby amends the Notice of Investigation to correct
the corporate name of Ninebot Inc. (China) to Ninebot (Tianjin)
Technology Co., Ltd.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19
C.F.R. part 210).
By order of the Commission.
Issued: September 18, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-24151 Filed 9-22-15; 8:45 am]
BILLING CODE 7020-02-P