A federal appeals court overturned a 2008 U.S. International Trade
Commission ruling that rejected Crocs Inc.’s claims of
patent infringement against shoe makers who sold knock-off versions of
the company’s foam clogs.
The U.S. Court of Appeals for the Federal Circuit on Wednesday restored
one Crocs patent, ruling that the ITC was wrong in deciding that the
patent was obvious, and therefore invalid.
The Federal Circuit also said the ITC erred in ruling that shoe makers did not infringe another Crocs patent.
The court found that the Commission had relied too heavily on the
verbal claims made in the patent without adequately considering the
design as a whole.
“Without a view to the design as a whole, the Commission used minor
differences between the patented design and the accused products to
prevent a finding of infringement,” the court wrote.
The appeals court sent the case back to the ITC for further patent-
infringement proceedings and consideration of possible remedies to
which Crocs may be entitled. Crocs, based in Niwot, Colorado, can seek
an order to prevent imports
of rival Holeys, Dawgs and Waldies shoes made in Asia and brought to
the U.S.
The case is Crocs Inc. v. International Trade Commission, 2008-1596.
