Notice2021-27800
Certain Foam Footwear; Institution of an Advisory Opinion Proceeding
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to institute an advisory opinion proceeding in the above-captioned investigation.
Full Text
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<title>Federal Register, Volume 86 Issue 244 (Thursday, December 23, 2021)</title>
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[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Page 72992]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27800]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-567 (Advisory Opinion Proceeding 3]
Certain Foam Footwear; Institution of an Advisory Opinion
Proceeding
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to institute an advisory opinion proceeding
in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#3570717c66067d5059457540465c41561b525a43"><span class="__cf_email__" data-cfemail="e1a4a5a8b2d2a9848d91a19492889582cf868e97">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the underlying
investigation on May 11, 2006, based on a complaint, as amended, filed
by Crocs, Inc. of Niwot, Colorado. 71 FR 27514-15 (May 11, 2006). The
complaint alleged, inter alia, 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'') and U.S. Patent No. D517,789 (``the '789 patent''). The
notice of investigation named several respondents.
On July 25, 2008, the Commission issued a final determination
finding no violation of section 337 based on non-infringement and
failure to satisfy the technical prong of the domestic industry
requirement with respect to the '789 patent and based on invalidity of
the '858 patent as obvious under 35 U.S.C. 103. 73 FR 45073-74 (Aug. 1,
2008). On July 15, 2011, after an appeal to the U.S. Court of Appeals
for the Federal Circuit and subsequent remand vacating the Commission's
previous finding of no violation, the Commission found a violation of
section 337 based on infringement of the asserted claims of the patents
and issued, inter alia, a general exclusion order (``GEO''). 76 FR
43723-24 (July 21, 2011). On March 28, 2020, the '789 patent expired,
so the GEO is now only directed to articles that infringe one or more
of claims 1 and 2 of the '858 patent.
On November 17, 2021, non-respondent, Triple T Trading Ltd.
(``Triple T'') of Marysville, Washington, petitioned for institution of
an expedited advisory opinion proceeding to determine whether its
fleece-lined shoes and shoes with plastic washers are covered by the
GEO. On November 29, 2021, Crocs opposed Triple T's petition for an
expedited advisory opinion proceeding. On December 9, 2021, Triple T
filed a motion for leave to respond to Crocs' opposition. The
Commission has determined to grant the motion.
The Commission has determined that Triple T's petition complies
with the requirements for institution of an advisory opinion proceeding
under Commission Rule 210.79 to determine whether its fleece-lined
shoes and shoes with plastic washers fall within the scope of the GEO.
Accordingly, the Commission has determined to institute an advisory
opinion proceeding and refer it to the Office of the General Counsel.
The parties will furnish the Office of the General Counsel with
information as requested in the accompanying order, and the Commission
will issue an advisory opinion within ninety (90) days of the date of
publication of this notice in the Federal Register. The following
entities are named as parties to the proceeding: (1) Triple T and (2)
Crocs.
The Commission vote for this determination took place on December
17, 2021.
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 part 210 of the Commission's Rules of Practice and Procedure, 19 CFR
part 210.
By order of the Commission.
Issued: December 17, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27800 Filed 12-22-21; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on December 23, 2021.
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