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Old Friend Footwear files motion against Crocs in patent case
01 Aug '06
3 min read
Australia Unlimited Inc, owner of Old Friend Footwear, announced at the World Shoe Association ('WSA') trade show in Las Vegas its formal responses to Crocs' patent infringement suit and the filing of a Motion with the United States International Trade Commission ('ITC') for a partial summary determination in its favor.
The company filed a Motion with the ITC seeking removal of NOTHINZ from Crocs' patent infringement claims brought pursuant to US Patent No. 6,993,858 (the '858 patent). It also asks for attorney's fees in connection with defending what it and many others have called frivolous litigation on behalf of Crocs.
Crocs' patent infringement suit was filed against Australia Unlimited and ten other importers of lightweight foam clogs with the ITC and federal district court in Colorado.
The Colorado litigation is currently stayed pending a determination by the ITC. The ITC is a quasijudicial federal agency responsible for investigating matters relating to US foreign trade. Australia Unlimited took action to protect its right to continue to import and sell its proprietary-designed foam footwear marketed under the NOTHINZ brand.
"We view Crocs' actions as desperate attempts to eliminate us as a competitor," said Jim Klavano, Australia Unlimited's Founder and President. "Crocs' action has no legitimate basis. We plan to vigorously defend our right to sell our full line of shoes. We are part of a small group currently fighting Crocs' baseless claims, but we probably won't be the last."
The company filed a Motion with the ITC seeking removal of NOTHINZ from Crocs' patent infringement claims brought pursuant to US Patent No. 6,993,858 (the '858 patent). It also asks for attorney's fees in connection with defending what it and many others have called frivolous litigation on behalf of Crocs.
Crocs' patent infringement suit was filed against Australia Unlimited and ten other importers of lightweight foam clogs with the ITC and federal district court in Colorado.
The Colorado litigation is currently stayed pending a determination by the ITC. The ITC is a quasijudicial federal agency responsible for investigating matters relating to US foreign trade. Australia Unlimited took action to protect its right to continue to import and sell its proprietary-designed foam footwear marketed under the NOTHINZ brand.
"We view Crocs' actions as desperate attempts to eliminate us as a competitor," said Jim Klavano, Australia Unlimited's Founder and President. "Crocs' action has no legitimate basis. We plan to vigorously defend our right to sell our full line of shoes. We are part of a small group currently fighting Crocs' baseless claims, but we probably won't be the last."
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