[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Page 72992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. 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