News: 02.26.10 - Innovators Network

Foam Footwear Maker Scores IP Victory Against Fakes

Bloomberg - BusinessWeek.com: The maker of a very popular line of foam footwear has won its case against foreign imitations according to a recent piece by Susan Decker and Tian Huang. Details of this patent victory can be found in Crocs Wins Appeal in Patent Claims Over Copycat Shoes (Update3):

Crocs Inc., the maker of colorful plastic clogs with holes, won an appeals court ruling that revived patent-infringement claims over what it considers copycat footwear.

A U.S. appeals court sent the case back to the U.S. International Trade Commission in Washington for further proceedings. 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.

Although one of Croc's patents was found invalid by the ITC, the US Federal Court begged to differ. "The Federal Circuit overturned the finding of invalidity of the second patent, and said the ITC must instead determine whether it was infringed as well as 'any appropriate remedies.'" The parties involved all say they are going to review the decision and then decide best how to pursue their next move. The initial court case sure has a snappy title, by the way: In the Matter of Foam Footwear, 337-567, U.S. International Trade Commission.

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