In the matter of certain personal transporters, components thereof, and packaging and manuals therefor
United States International Trade Commission Investigation No. 337-TA-1007/1021
Patent and Trademark Infringement Litigation | Technology: Self-Balancing Electric Scooters
Case Issues: Segway, Inc., manufacturer of the famous “Segway Personal Transporters,” created the selfbalancing electric scooter market. Segway’s parent company, Ninebot (Tianjin) Technology Co., Ltd., is headquartered in China and is also a leading marketer, manufacturer and supplier of self-balancing electric scooters. The Respondents, which included several companies such as Razor and Swagway, were accused of importing infringing one-wheel and two-wheel selfbalancing electric scooters (e.g. “hoverboards”) into the United States. Mr. Milani offered testimony on behalf of the Complainants. Mr. Milani’s testimony related to the existence of a domestic industry and the appropriate remedy and bond. Mr. Milani also testified regarding the statutory public interest factors and the commercial success of the patented and accused products. The Ocean Tomo team assisting Mr. Milani on the engagement included Chet Dominik and Christopher Huh.
Complainants won on its trademark infringement claims. Consistent with the opinions offered by Mr. Milani, The International Trade Commission found the existence of a domestic industry and granted cease and desist orders and limited exclusion orders against the guilty Respondents. The Commission also agreed with Mr. Milani that public interest concerns did not weigh against the issuance of the requested remedies.