Chief Judge Bullock issued an ID in ITC Investigation No. 337-TA-1000 on May 26, 2017, finding no violation of section 337 of the Tariff Act of 1930 except as to defaulting respondents. A subsequent Notice of Errata corrected the ID to find that there is also no violation as to the defaulting respondents because as shown below the technical prong of domestic industry was found to not have been met. Certain Motorized Self-Balancing Vehicles, Initial Determination, Inv. No. 337-TA-1000 (USITC May 26, 2017). Complainants Razor USA LLC, Inventist, Inc. and Shane Chen had alleged infringement of U.S. Patent No. 8,738,278 by 28 respondents, of whom 20 defaulted and the remainder comprised Alibaba, Chic, Swagway, Modell’s, Jetson, Powerboard, Skque, and Newegg.com. The accused products are personal transporters known as “hoverboards.”
The ID found the asserted patent valid and not infringed by those respondents, and that the technical prong of domestic industry had not been met. The finding of non-infringement and no technical prong of domestic industry rested on the same primary grounds: that the products’ “control logic” does not issue commands based on position data “from the second foot place section” as claimed, but rather from a sensor within the vehicle’s housing. Complainants and OUII filed Petitions to the Commission to Review the ID and at least Respondents Chic, Swagway, Modell’s and Newegg filed Contingent Petitions.