ARTICLE · 28 DECEMBER 2011

ITC Grants Exclusion Order For Crocs On Infringing Shoes

Kenyon & Kenyon

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On July 15, 2011, the U.S. International Trade Commission ("ITC" or "Commission"), concluded a prolonged patent investigation, issuing a general exclusion order prohibiting the importation of footwear that infringe Crocs Inc.’s utility and design patents.

United StatesIntellectual Property

Michele Mancino Marsh

Aaron Johnson

Michael Kelly

Michelle Marsh is a partner and Michael Kelly and Aaron Johnson are associates in the New York offi ce of Kenyon & Kenyon LLP.

On July 15, 2011, the U.S. International Trade Commission ("ITC" or "Commission"), concluded a prolonged patent investigation, issuing a general exclusion order prohibiting the importation of footwear that infringe Crocs Inc.'s utility and design patents.¹ The general exclusion order serves as the remedy resulting from a finding by the ITC in April 2011 that Crocs' patents were enforceable and that remaining respondents Effervescent Inc. ("Effervescent"), Holey Soles Holdings Ltd. ("Holey Soles"), and Double Diamond Distribution Ltd. ("Double Diamond") had violated Section 337 of the Tariff Act of 1930 by importing into the U.S. footwear that infringed Crocs' patents.²

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