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Order - Vacatur and remand of initial determination

Feb '07
The Commission instituted this investigation on May 11, 2006, based on a complaint, as amended, filed by Crocs Inc of Niwot, Colorado. 71 Fed. Reg. 27514 (2006).

The amended complaint alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337), in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain foam footwear, by reason of infringement of claims 1-2 of U.S. Patent No. 6,993,858 (the '858 patent); U.S. Patent No. D517,789 (the '789 patent); and the Crocs trade dress (the image and overall appearance of Crocs-brand footwear).

The complaint further alleged that an industry in the United States exists, as required by subsection (a)(2) of section 337. The complaint identified 11 respondents.

The Commission terminated the investigation as to the trade dress allegation on September 11, 2006. On October 10, 2006, a twelfth respondent was permitted to intervene as a respondent. Six respondents have been terminated from the investigation on the basis of a consent order or a settlement agreement.

On various dates in September and October 2006, six respondents (Double Diamond Distribution Ltd, Gen-X Sports Inc, Collective Licensing International LLC, Effervescent, Inc, Holey Shoes Holdings LTD,) (collectively, the respondents) moved for summary determination of non infringement of the '789 patent.

Crocs and the IA opposed all of the motions. On November 7, 2006, the presiding administrative law judge (ALJ) issued the subject ID (Order No. 32) granting respondents' motions for summary determination of non-infringement of the '789 patent.

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