On January 12, 2017, Chief ALJ Charles E. Bullock issue Order No. 35 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, ALJ Bullock denied Respondents Powerboard LLC and Jetson Electric Bikes, LLC’s (collectively, “Respondents”) motion for leave to file their motion for summary determination one day out of time. Specifically, ALJ Bullock determined that (i) Respondents failed to include a Ground Rule 3.2 certification that, inter alia, good-faith efforts were made before the motion was filed to resolve the matter and state the other parties’ position; (ii) the motion to leave was effectively a motion for reconsideration and no argument was presented as to why reconsideration should be granted; and (iii) Respondents’ explanation that they “inadvertent[ly]” missed by one day the summary determination deadline set by the ALJ – without any additional details – was insufficient to establish good cause for a motion for leave to file out of time.