Further to our June 1, 2017 post, on June 9, 2017, Chief ALJ Charles E. Bullock issued the public version of a notice of errata to Final Initial Determination (dated June 5, 2017) 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 June 5, 2017 notice, ALJ Bullock determined:
The final initial determination and accompanying notice incorrectly stated that a violation of section 337 had been found. As the parties are aware, the undersigned found that the technical prong of the domestic industry requirement had not been satisfied and thus, no violation of section 337 can occur.