CROCS, INC., Appellant,
v.
INTERNATIONAL TRADE COMMISSION, Appellee, and
Double Diamond Distribution, Ltd., Intervenor, and
Holey Soles Holdings, Ltd., and Effervescent, Inc., Intervenors.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
February 24, 2010.
February 24, 2010.
Attorney(s) appearing for the Case
James C. Otteson, Wilson Sonsini Goodrich & Rosati, of Palo Alto, California, argued for appellant. With him on the brief were Thomas T. Carmack, of Palo Alto, California, and Michael A. Berta, Ariana M. Chung-Han, and Tung-On Kong, of San Francisco, California. Of counsel was Michael A. Ladra.
Clint A. Gerdine, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With him on the brief were James M. Lyons, General Counsel, and Andrea C. Casson, Assistant General Counsel for Litigation.
Glenn D. Bellamy, Greenebaum, Doll & McDonald PLLC, of Cincinnati, Ohio, for intervenor Double Diamond Distribution, Ltd. With him on the brief was Carrie A. Shufflebarger.
Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for intervenors Holey Soles Holdings, Ltd., et al. With him on the brief were Don O. Burley and Jason W. Melvin. Of counsel were Elizabeth A. Niemeyer and Smith R. Brittingham, IV. Of counsel on the brief were Michael G. Martin, William A. Rudy, and Stephen J. Horace, Lathrop & Gage LLP, of Denver, Colorado.
Before LOURIE, RADER, and PROST, Circuit Judges.
United States Court of Appeals, Federal Circuit.
RADER, Circuit Judge.
The United States International Trade Commission ("ITC" or "Commission") found no violation of 19 U.S.C. § 1337. Specifically the Commission determined that U.S. Patent No. 6,993,858 (the "'858 patent") would have been obvious at the time of invention and that none of the intervenors infringed U.S. Patent No. D517,789 (the "'789 patent"). The Commission also determined that Crocs, Inc. ("Crocs") had not satisfied the technical prong of the...
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