On August 10, 2017 ALJ David P. Shaw issued a notice of the Final Initial Determination (“ID”) in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021).

By way of background, the 337-TA-1007 investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway. See our May 18, 2016 and June 28, 2016 posts for more details on the complaint and Notice of Investigation, respectively. The 337-TA-1021 investigation is based on an August 16, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230 and 7,275,607. See our August 18, 2016 and September 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively. These investigations were subsequently consolidated.

According to the Notice, ALJ Shaw determined:

On this date, the administrative law judge issued the Final Initial Determination ("ID") on the question of violation of section 337 (19 U.S.C. § 1337). A public version of the ID will be available within 30 days.
As explained in the ID, the administrative law judge determined that a violation of section 337 (19 U.S.C. § 1337) has not occurred with respect to U.S. Patent No. 6,302,230; and U.S. Patent No. 7,275,607. A violation of section 337 has occurred with respect to U.S. Trademark Registration No. 2,727,948; and U.S. Trademark Registration No. 2,769,942.