Justia Regulation Tracker

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[Federal Register: June 24, 2008 (Volume 73, Number 122)]
[Notices]               
[Page 35710-35711]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn08-94]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-567]

 
In the Matter of Certain Foam Footwear; Notice of Commission 
Determination to Review-In-Part a Final Initial Determination Finding 
No Violation of Section 337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review-in-part the presiding 
administrative law judge's (``ALJ'') final determination (ID) finding 
no violation of section 337 in the above-captioned investigation with 
respect to U.S. Patent No. 6,993,858 (``the `858 patent) and U.S. 
Patent No. D517,789 (``the `789 patent'').

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://
edis.usitc.gov. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 11, 2006, based on a complaint, as amended, filed by Crocs, Inc. 
(``Crocs'') of Niwot, Colorado. 71 FR 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; 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 that include: (1) Collective Licensing 
International, LLC (``Collective'') of Englewood, Colorado; (2) Double 
Diamond Distribution Ltd. (``Double Diamond'') of Saskatoon, 
Saskatchewan; (3) Effervescent Inc. (``Effervescent'') of Fitchburg, 
Massachusetts; (4) Gen-X Sports, Inc. (``Gen-X Sports'') of Toronto, 
Ontario; (5) Holey Shoes Holding Ltd. (``Holey Shoes'') of Vancouver, 
British Columbia; (6) Australia Unlimited, Inc. of Seattle, Washington; 
(7) Cheng's Enterprises Inc. of Carlstadt, New Jersey; (8) D. Myers & 
Sons, Inc. of Baltimore, Maryland; (9) Inter-Pacific Trading Corp. of 
Los Angeles, California; (10) Pali Hawaii of Honolulu, Hawaii; and (11) 
Shaka Shoes of Kaliua-Kona, Hawaii. The Commission terminated the 
investigation as to the trade dress allegation on September 11, 2006. A

[[Page 35711]]

twelfth respondent, Old Dominion Footwear, Inc. of Madison Heights, 
Virginia, was added to the investigation on October 10, 2006. All but 
five respondents have been terminated from the investigation on the 
basis of a consent order, settlement agreement, or undisputed 
Commission determination of non-infringement. The five remaining 
respondents are: (1) Collective; (2) Double Diamond; (3) Effervescent; 
(4) Gen-X Sports; and (5) Holey Shoes.
    On April 11, 2008, the ALJ issued his final ID finding no violation 
of section 337 by the remaining respondents. On April 24, 2008, the 
Commission issued a notice extending the deadline for determining 
whether to review the final ID by 15 days to June 11, 2008. On June 11, 
2008, the Commission issued a notice extending the deadline for 
determining whether to review the final ID by 7 days to June 18, 2008.
    Upon considering the parties' filings, the Commission has 
determined to review-in-part the final ID. Specifically, with respect 
to the `789 patent, the Commission has determined to review the ALJ's 
findings concerning non-infringement by the respondents' products and 
lack of satisfaction of the technical prong of the domestic industry 
requirement by Crocs' footwear. The Commission has also determined to 
review the ALJ's finding of invalidity with respect to the `858 patent. 
The Commission does not request any further written submissions at this 
time.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and 
in sections 210.42-45 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.42-45.

    By order of the Commission.
    Issued: June 18, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-14179 Filed 6-23-08; 8:45 am]

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