On May 20, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Motorized Self-Balancing Vehicles (Inv. No. 337-TA-1000).

By way of background, this investigation is based on a March 22, 2016 complaint filed by Razor USA, LLC of Cerritos, California, Inventist, Inc. of Camas, Washington, and Shane Chen of Camas, Washington alleging violation of Section 337 in the importation into the U.S. and sale of certain motorized self-balancing vehicles that infringe one or more claims of U.S. Patent No. 8,738,278, and, further, that certain of these entities have engaged in unfair methods of competition through false advertising and/or false or misleading representations of fact in connection with the sale and importation of such motorized self-balancing vehicles. See our March 23, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified the following entities as the respondents:

  • Alibaba Group Holding Ltd. of Hong Kong
  • Alibaba.com Ltd. of China
  • Hangzhou Chic Intelligent Technology Co., Ltd. of China
  • Contixo of Ontario, California
  • ZTO Store a.k.a. ZTO Trading, Inc. of Monterey Park, California
  • CyBoard LLC a.k.a. Shark Empire Inc. of Glendale, California
  • Genius Technologies a.k.a. Prime Capital of Hastings, Minnesota
  • GyroGlyder.com of Stockton, California
  • HoverTech of Hebron, Kentucky
  • InMotion Entertainment Group LLC of Jacksonville, Florida
  • Soibatian Corp. dba IO Hawk and dba Smart Wheels of Glendale, California
  • Jetson Electric Bikes LLC of New York, New York
  • Joy Hoverboard, a.k.a. Huizhou Aoge Enterprize Co. Ltd. of China
  • Shenzhen Kebe Technology Co., Ltd. of China
  • Leray Group of China
  • Modell’s Sporting Goods, Inc. of New York, New York
  • Newegg.com Inc. of City of Industry, California
  • PhunkeeDuck, Inc. of Floral Park, New York
  • Powerboard a.k.a Optimum Trading Co. of Hebron, Kentucky
  • Shareconn International, Inc. of China
  • Shenzhen Chenduoxing Electronic Technology Ltd. of China
  • Shenzhen Jomo Technology Co., Ltd. of China
  • Shenzhen R.M.T. Technology Co., Ltd. of China
  • Shenzhen Supersun Technology Co. Ltd. a.k.a. Aottom of China
  • Skque Products of Irwindale, California
  • Spaceboard USA of Norcross, Georgia
  • Swagway LLC of South Bend, Indiana
  • Twizzle Hoverboard of La Puente, California
  • Uwheels of Santa Ana, California

Lastly, Chief ALJ Bullock issued a notice indicating that he will be the presiding Administrative Law Judge in this matter.