[Federal Register Volume 71, Number 213 (Friday, November 3, 2006)]
[Notices]
[Page 64739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18578]



[[Page 64739]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-567]


 In the Matter of Certain Foam Footwear; Notice of Commission 
Decision Not To Review an Initial Determination Granting Old Dominion 
Footwear, Inc.'s Motion To Intervene as a Respondent for the Limited 
Purpose of Obtaining a Ruling as to Infringement by Its Aqua Ducks Shoe 
Product

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 not to review an initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') 
granting Old Dominion Footwear, Inc.'s motion to intervene in the 
above-captioned investigation for the limited purpose of obtaining a 
ruling as to whether its Aqua Ducks shoe products infringe the asserted 
design patent.

FOR FURTHER INFORMATION CONTACT: Monica A. Stump, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3106. Copies of the 
ALJ's ID and all other 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: This investigation was instituted 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 alleged 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 asserted design patent); and the Crocs trade dress. The complaint 
identified 11 respondents.
    On September 6, 2006, Old Dominion Footwear, Inc. (``Old 
Dominion'') of Madison Heights, Virginia, moved to intervene in the 
investigation. Old Dominion, complainant Crocs and the Commission 
investigative attorney filed a stipulation consenting to Old Dominion's 
motion to intervene. No party opposed the motion.
    On October 10, 2006, the ALJ issued an ID granting Old Dominion's 
motion to intervene for the limited purpose of obtaining a ruling as to 
whether its Aqua Ducks shoe products infringes the asserted design 
patent. No petitions for review of the ID were filed.
    Having examined the record of this investigation, the Commission 
has determined not to review the ALJ's ID.
    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 210.19 and 210.42 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.19, 210.42).

     Issued: October 30, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-18578 Filed 11-2-06; 8:45 am]
BILLING CODE 7020-02-P