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USITC extends investigation on imported foam footwear

27 Apr '07
2 min read

United States International Trade Commission has determined to affirm an initial determination (ID) of the presiding administrative law judge (“ALJ”) extending the target date for completion of investigation in the matter of certain foam footwear to August 11, 2008.

The Commission instituted this investigation on May 11, 2006, based on a complaint, as amended, filed by Crocs, Inc (“Crocs”) 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; 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 alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

The complaint requests that the Commission issue a permanent general exclusion order and permanent cease and desist orders. The complaint identifies 11 respondents. The Commission terminated the investigation as to the trade dress 2 allegation on September 11, 2006. A twelfth respondent was added to the investigation on October 10, 2006. Five respondents have been terminated from the investigation on the basis of a consent order or a settlement agreement.

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United States International Trade Commission

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