`Washington, D.C.
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`Before the Honorable Charles E. Bullock
`Chief Administrative Law Judge
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`Investigation No. 337-TA-1000
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`In the Matter of
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`CERTAIN MOTORIZED SELF-
`BALANCING VEHICLES
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`COMMISSION INVESTIGATIVE STAFF’S RESPONSE TO RESPONDENTS
`POWERBOARD LLC’S AND JETSON ELECTRIC BIKES, LLC’S STATEMENT OF
`MATERIAL UNDISPUTED FACTS IN SUPPORT OF THEIR MOTION FOR
`SUMMARY ADJUDICATION OF NON-INFRINGEMENT (Mot. Dkt. No. 1000-022)
`
`Pursuant to Ground Rule 3.4, the Commission Investigative Staff respectfully submits
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`this response to Respondents’ statement of alleged material undisputed facts. For the purposes
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`of this motion response only, with the exception of paragraphs 4-8, and 11-35 of Respondents
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`Statement of Material Undisputed Facts, the Staff does not dispute the alleged facts identified in
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`Respondents’ Statement.1 The Staff is not agreeing, however, that the stated alleged facts would
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`be sufficient to find that Respondents have met their burden of establishing that their accused
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`products do not infringe the asserted patent.
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`1 This statement is submitted solely for the purposes of the instant motion. The Staff expressly
`reserves the right to take a position on all of the issues in its pre-hearing brief.
`1
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`Respectfully submitted,
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`/s/ Paul A. Gennari
`
`
`Margaret D. Macdonald, Director
`Anne Goalwin, Supervisory Attorney
`Paul A. Gennari, Investigative Attorney
`OFFICE OF UNFAIR IMPORT INVESTIGATIONS
`U.S. International Trade Commission
`500 E Street SW, Suite 401
`Washington, DC 20436
`202-205-3255
`202-205-2158 (facsimile)
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`December 22, 2016
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`2
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`IN THE MATTER OF
`CERTAIN MOTORIZED SELF-BALANCING VEHICLES
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`INV. NO. 337-TA-1000
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`
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on December 22, 2016, the COMMISSION INVESTIGATIVE STAFF’S
`RESPONSE TO RESPONDENTS POWERBOARD LLC’S AND JETSON ELECTRIC BIKES, LLC’S
`STATEMENT OF MATERIAL UNDISPUTED FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY
`ADJUDICATION OF NON-INFRINGEMENT (Mot. Dkt. No. 1000-022) was filed with the Commission, served
`upon the Administrative Law Judge (2 copies by hand), and the parties in the manner indicated below:
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`Counsel for Complainants Razor USA LLC; Inventist, Inc.; and Shane Chen
`Jonathan J. Engler
`Via Electronic Mail
`ADDUCI, MASTRIANI & SCHAUMBERG LLP
`razor@adduci.com
`1133 Connecticut Avenue, NW
`Washington, DC 20036
`
`Bruce Wessel
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
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`Razor-ITC@irell.com
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`For Respondents Alibaba Group Holding Ltd. and Alibaba.com Ltd.
`Michael Franzinger
`Via Electronic Mail
`SIDLEY AUSTIN LLP
`AlibabaRazorITC@sidley.com
`1501 K Street, NW
`Washington, DC 20005
`
`For Respondent Hangzhou Chic Intelligent Technology Co., Ltd.
`Qingyu Yin
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
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`For Respondent Jetson Electric Bikes LLC
`Ezra Sutton
`EZRA SUTTON, PA
`900 Route 9 North, Suite 201
`Woodbridge, NJ 07095
`
`For Respondents Modell’s Sporting Goods, Inc. and Swagway LLC
`Lei Mei
`Via Electronic Mail
`MEI & MARK LLP
`Swagway-ITC1000@meimark.com
`818 18th Street, NW, Suite 410
`Washington, DC 20006
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`For Respondent Newegg.com Inc.
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`Via Electronic Mail
`chic-itc-1000@finnegan.com
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`Via Electronic Mail
`esutton@ezrasutton.com
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`3
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`Kent E. Baldauf, Jr.
`THE WEBB LAW FIRM
`One Gateway Center
`420 Fort Duquesne Boulevard, Suite 1200
`Pittsburgh, PA 15222
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`For Respondent Powerboard, a.k.a. Optimum Trading Co.
`L. Peter Farkas
`FARKAS & TOIKKA, LLP
`1101 30th Street, NW, Suite 500
`Washington, DC 20007
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`For Respondent Skque Products
`Jason Chuan
`THE LAW OFFICE OF MARY SUN
`317 East Foothill Boulevard, Suite 203
`Arcadia, CA 91006
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`For Respondent Swagway LLC
`Michael D. Marston
`BOTKIN & HALL, LLP
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`105 East Jefferson Boulevard, Suite 400
`South Bend, Indiana 46601
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`For Respondent Genius Technologies, a.k.a. Prime Capital
`12223 Highland Avenue
`Irvine, CA 91739
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`Via Electronic Mail
`Newegg_337-TA-1000@webblaw.com
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`Via Electronic Mail
`Powerboard-ITC@farkastoikka.com
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`Via Electronic Mail
`jason@sunlegalgroup.com
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`Via Electronic Mail
`mmarston@bhlawyers.net
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`Via First Class Mail
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` /s/ Paul A. Gennari
`Paul A. Gennari
`OFFICE OF UNFAIR IMPORT INVESTIGATIONS
`U.S. International Trade Commission
`500 E Street, S.W., Suite 401
`Washington, D.C. 20436
`(202) 205-3255
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