United States Federal Circuit
Crocs, Inc. v. Int'l Trade Comm'n, 08-1596
In plaintiff's action for unfair competition under 19 U.S.C. section 337 and patent infringement relating to their patented footwear, the United States International Trade Commission's judgment is reversed and remanded where: 1) the Commission erred in finding that the prior art taught all of the claimed elements of the '858 patent and incorrectly weighed the secondary considerations; 2) thus, the Commission erred in finding that the '858 patent would have been obvious; and 3) Commission erred in claim construction for the '789 patent in applying the ordinary observer industry requirement and in applying the technical prong of the 19 U.S.C. section 337 domestic industry requirement.
Appellate Information
- Decided 02/24/2010
- Published 02/24/2010
Judges
Court
- United States Federal Circuit