ITC Remains Unpersuaded By Final PTAB Rulings

This week the ITC stood firm in its position that final PTAB rulings of unpatentability in IPR proceedings are not grounds to modify, suspend, or rescind remedial orders. In Certain Foam Footwear, Inv. No. 337-TA-567, the ITC issued a short order denying a petition for such relief. In the Order, the ITC cited its precedent in Certain Network Devices, Related Software and Components (II), Inv. No. 337-TA-945, Order (Sept. 11, 2017) which we discussed here.

Case Summary

The Commission instituted the underlying investigation on May 11, 2006, based on a complaint filed by Crocs alleging violations of Section 337 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 and U.S. Patent No. D517,789. The complaint named several respondents including Double Diamond Distribution Ltd. ("Double Diamond").