UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN MOTORIZED SELF-BALANCING
`' VEHICLES
`
`
`
`1"“ N°' 337'TA'1000
`
`ORDER NO. 19:
`
`INITIAL DETERMINATION GRANTING COMPLAINANTS’
`
`MOTION TO TERMINATE THE INVESTIGATION AS TO
`CLAIM 9 OF U.S. PATENT NO. 8,738,278
`
`(September 20, 2016)
`
`On September 6, 2016, Complainants Razor USA LLC, Inventist, Inc., and Shane Chen
`
`(collectively, “Complainants”) moved (1000-012) to terminate the Investigation in part as to
`
`claim 9 of U.S. Patent No. 8,738,278 (“the ’278 patent”). On September 14, 2016,
`
`the _
`
`Commission Investigative Staff filed its response in support of the motion. Respondents Alibaba
`
`Group Holding Ltd. and Alibaba.com Ltd. took no position on the motion. No other responses
`
`were received.
`
`Complainants assert that withdrawal of claim 9 of the ’278 patentuwill ‘conserve public
`
`and private resources.
`
`(Mot. at 2.)
`
`In satisfaction of Commission Rule 2l0.2l(a)(l),
`
`Complainants certified that “there are no agreements, written or oral, express or implied,
`
`. between the parties concerning the subject matter of the investigation.” (Id.)
`
`Commission Rule 210.21(a) provides, in relevant part:
`
`[a]ny party may move at any time prior to the issuance of an initial
`determination on violation of section 337 of the Tariff Act of 1930
`
`to terminate an investigation in whole or in part as to any or all
`respondents, on the basis of withdrawal of the complaint or certain
`allegations contained therein .
`.
`.
`. A motion for termination of an
`investigation based on withdrawal of the complaint shall contain a
`statement that there are no agreements, written or oral, express or
`implied between the parties concerning the subject matter of the
`
`_
`
`
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN MOTORIZED SELF-BALANCING
`' VEHICLES
`
`
`
`1"“ N°' 337'TA'1000
`
`ORDER NO. 19:
`
`INITIAL DETERMINATION GRANTING COMPLAINANTS’
`
`MOTION TO TERMINATE THE INVESTIGATION AS TO
`CLAIM 9 OF U.S. PATENT NO. 8,738,278
`
`(September 20, 2016)
`
`On September 6, 2016, Complainants Razor USA LLC, Inventist, Inc., and Shane Chen
`
`(collectively, “Complainants”) moved (1000-012) to terminate the Investigation in part as to
`
`claim 9 of U.S. Patent No. 8,738,278 (“the ’278 patent”). On September 14, 2016,
`
`the _
`
`Commission Investigative Staff filed its response in support of the motion. Respondents Alibaba
`
`Group Holding Ltd. and Alibaba.com Ltd. took no position on the motion. No other responses
`
`were received.
`
`Complainants assert that withdrawal of claim 9 of the ’278 patentuwill ‘conserve public
`
`and private resources.
`
`(Mot. at 2.)
`
`In satisfaction of Commission Rule 2l0.2l(a)(l),
`
`Complainants certified that “there are no agreements, written or oral, express or implied,
`
`. between the parties concerning the subject matter of the investigation.” (Id.)
`
`Commission Rule 210.21(a) provides, in relevant part:
`
`[a]ny party may move at any time prior to the issuance of an initial
`determination on violation of section 337 of the Tariff Act of 1930
`
`to terminate an investigation in whole or in part as to any or all
`respondents, on the basis of withdrawal of the complaint or certain
`allegations contained therein .
`.
`.
`. A motion for termination of an
`investigation based on withdrawal of the complaint shall contain a
`statement that there are no agreements, written or oral, express or
`implied between the parties concerning the subject matter of the
`
`_
`
`
`
`investigation, or if there are any agreements concerning the subject
`matter of the investigation, all such agreements shall be identified,
`and if written, a copy shall be filed with the Commission along
`with the motion. .
`.
`. The presiding administrative law judge may
`grant the motion in an initial determination upon such terms and
`conditions as he deems proper.
`
`‘‘
`
`19 C.F.R.
`
`§ 210.2l(a)(1). The Commission has further stated that “in the absence of
`
`extraordinary circumstances,termination of the investigation will be granted to a complainant
`
`during the prehearing stage of an investigation.” Certain Ultrafiltration Sys. and Components
`
`Thereof Including Ultrafiltration Membranes, Inv. No. 337-TA-107, Comm’n Action and Order
`
`at 2 (Mar. 11," 1982).
`
`Having reviewed the pleadings and‘ arguments therein, the undersigned finds that no
`
`extraordinary circumstances exist that would prevent the requested partial termination of this
`
`Investigation. The undersigned also finds that Complainants has complied with the requirements
`
`of Commission Rule 210.2l(a).
`
`Accordingly,
`
`is the undersigned’s Initial Determination that Complainants’ motion
`
`(1000-012) to terminate this Investigation as to claim 9 of U.S. Patent No. 8,738,278 be granted.
`
`This Initial Determination is hereby certified to the Commission.
`
`Pursuant to 19 C.F.R. § 2lO.42(h), this Initial Determination shall be the determination of
`
`the Commission unless a party files a petition for review of the Initial Determination pursuant to
`
`l9,C.F.R. § 2lO.43(a), or the Commission, pursuant to 19 C.F.R. § 210.44, orders, on its own
`
`motion, a review of the Initial Determination or certain issues herein.
`
`Bul1ocl<
`harles
`Chief Administrative Law Judge
`
`
`
`CERTAIN MOTORIZED SELF-BALANCING VEHICLES
`
`Inv. No. 337—TA-1000
`
`PUBLIC CERTIFICATE OF SERVICE
`
`1, Lisa R. Barton, hereby certify that the attached ORDER 19 has been served by hand
`upon the Commission Investigative Attorney, Brian K00 and the following parties as indicated,
`on 9/20/2016.
`
`
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`
`500 E Street SW, Room 112‘
`Washington, DC 20436
`
`On Behalf of Complainants Razor USA LLC, Inventist, Inc.,
`and Shane Chen:
`
`Jonathan J. Engler, Esq
`ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.
`1 133 Connecticut Avenue, N.W.
`Washington, DC 20036
`
`El Via Hand Delivery
`N Via Express Delivery
`Cl Via First Class Mail
`
`Cl Other:
`
`On Behalf of Respondent Hangzhou Chic Intelligent
`Technology Co., Ltd.:
`Qingyu Yin, Esq.
`FINNEGAN, HENDERSON, FARABOW,
`
`GARRETT & DUNNER, LLP
`901 New York Avenue, N.W.
`Washington, D.C. 20001-4413
`
`On Behalf of Respondent Swagv_vay, LLC and Modell’s
`Sporting Goods, Inc.:
`Lei Mei
`
`MEI & MARK LLP
`818 18”‘ Street, NW, Suite 410
`Washington, DC 20006
`
`On Behalf of Respondent Powerboard a.k.a. Optimum
`Trading Co.:
`L. Peter Farkas
`
`FARKAS + TOIKKA, LLP
`» 1101 30”‘ Street, NW, Suite 500
`Washington, DC 20007
`
`Cl Via Hand Delivery
`
`E Via Express Delivery
`I3 Via First Class Mail
`D Other: '
`/
`
`D Via Hand Delivery
`W Via Express Delivery
`Cl Via First Class Mail
`
`Cl Other:
`
`C! Via Hand Delivery
`Via Express Delivery
`|:| Via First Class Mail
`
`C! Other:
`
`
`
`CERTAIN MOTORIZED SELF-BALANCING VEHICLES
`
`Inv. No. 337-TA-1000
`
`Certificate of Service — Page 2
`
`On Bthalf of Respondent Newegg Inc.:
`Kent E. Baldauf, Jr.
`THE WEBB LAW FIRM
`one Gateway Center
`420 Ft. Duquesne Blvd, Suite 1200
`Pittsburgh, PA 15222
`
`4
`
`I
`
`I3 Via Hand Delivery
`X Via Express Delivery
`Cl Via First Class Mail
`
`D Other‘
`
`On Behalf of Respondents Alibaba Group Holding Ltd. c/o
`Alibaba Group Services Limited & Alibaba.com Ltd.:
`Michael R. Franzinger
`SIDLEY AUSTIN LLP
`1501 K Street, NW
`Washington, DC 20005
`'
`
`I
`
`‘
`
`On Behalf of Jetson Electric Bikes LLC:
`
`Ezra Sutton
`EZRA SUTTON’ P°A'
`ROUIC 9 NOfth, Suite
`Woodbridge, NJ 07095
`
`.
`
`On Behalf of Respondent United Integral dba Skgue
`Products:
`
`Jason Chuan
`THE LAW OFFICE OF MARY SUN
`
`317 E. Foothill Blvd., Ste. 203
`
`Arcadia, CA 91006
`I
`_
`
`Respondents:
`
`CyBoard LLC a.k.a. Shark Empire, Inc.
`675 W- Broadway
`Gland-'i1e=CA 91204
`
`A
`
`D Via Hand Delivery
`W Via Express Delivery
`- Cl Via First Class Mail
`D Other:
`
`Cl Via Hand Delivery
`Via Express Delivery
`First Class
`D
`D. other
`
`El Via Hand Delivery
`X] Via Express Delivery
`D Via First Class Mail
`
`Cl Other:
`
`~
`
`El Via Hand Delivery
`E Via Express Delivery
`' D Via First Class Mail
`
`‘
`
`_
`
`Cl Other:
`
`Genius Technologies a.k.a.. Prime Capital
`755 1_3aSt31st Street
`Hastmgs’ MN 55033
`
`E! Via Hand Delivery
`M Via Express Delivery
`Cl Via First Class Mail
`
`Cl Other:
`
`
`
`CERTAIN MOTORIZED SELF-BALANCING VEHICLES
`
`Inv. N0. 337-TA-1000
`
`Certificate of Service‘ — Page 3
`
`HoverTech
`W0rldWIdC
`Hebmn» KY 41048
`
`.
`
`V
`
`InMotion Entertainment Group LLC
`4801 Executive Park Court, Suite 100
`Jacksonville, FL 32216
`
`‘
`
`Joy Hoverboard, a.k.a Huizhou Aoge Enterprize Co. Ltd.
`A Huizhou City, with its Pliasant Factory
`Shuikou Subdistrict Office
`Huizhou, 516005 China
`
`Leray Group
`3/F-, Hichifla M311Si0I1
`No.27 Gulouwai Avenue, Dongcheng District
`Beijing 100120 China
`
`A
`
`—
`
`Shareconn International, Inc.
`9A Unit Q 32 Dong Kang Qia Zi Jun
`Bui i Town, Shenzhen, Guangdong,
`China
`
`Shenzhen Chenduoxing Electronic Technology Ltd.
`4/F, Block C11, Fuyuan Industrial City,
`Jiuwei Xixiang, Bao’an Area, Shenzhen,
`Guangdong, China
`
`_
`
`Shenzhen R.M.T. Technology Co., Ltd.
`Rm. 711, Shangcheng Business Mansion,
`.No. 73-1, Changjiangpu Road, He’ao,
`Henggang Street, Longgang District
`Shenzhen, Guangdong, China
`
`Spaceboard USA
`604 Oakmonl Lane
`N°r°r05S= GA 30093 '
`
`A
`
`1
`
`F
`
`-
`
`_
`
`'
`
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`E Express Dglivgry
`[3 Via First Class Mail
`
`13 Other:
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`El Via First Class Mail
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`D Other:
`
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`- Via Express Delivery
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`U Via Hand Delivery
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`[3 other
`
`El Via Hand Delivery
`E Via Express Delivery
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`1:] Other:
`
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`E Via Express Delivery
`Cl Via First Class Mail
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`D Via Hand Delivery
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`
`1] Other:
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