On July 25, 2016 ALJ David P. Shaw issued Order No. 6 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007) denying Complainants’ motion to amend the Complaint and Notice of Investigation.
By way of background, this 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.
According to the Order, Complainants sought leave to add six additional respondents to the Complaint and Notice of Investigation, as well as make additional minor changes to update information, arguing that good cause exists because no other respondent will be prejudiced. Although one proposed new respondent did not oppose the request based on their interest in participating in the investigation, several other proposed respondents opposed, noting that the good cause standard had not been met and that Complainants should have delayed filing the Complaint until their investigations were complete.
ALJ Shaw denied the motion, noting that a target date is already in place in this investigation and it should not be extended to accommodate additional respondents “in the absence of the requisite good cause.”