On November 21, 2016, Chief ALJ Charles E. Bullock issued Order No. 26 in Certain Motorized Self-Balancing Vehicles (Inv. No. 337-TA-1000).
By way of background, this investigation is based on a complaint filed by Razor USA, LLC, Inventist, Inc., and Shane Chen (collectively, “Razor”) 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 the named respondents 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 and June 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
According to the Order, Razor moved for a determination that Respondents HoverTech, Leray Group a/k/a ShanDao Trading Co., Ltd., and Spaceboard USA (collectively, “the Non-Responding Respondents”) are in default based on their failure to respond to the complaint and Notice of Investigation, or otherwise participate in the investigation. The Commission Investigative Staff supported the motion. ALJ Bullock previously issued Order No. 24 requiring the Non-Responding Respondents to show why they should not be found in default, but none filed a response. Therefore, the ALJ determined that the Non-Responding Respondents were in default and granted Razor’s motion.