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Crocs, Inc. v. International Trade Commission

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Published opinion

Before LOURIE, RADER, and PROST, Circuit Judges.

The United States International Trade Commission (“ITC” or “Commission”) found no violation of 19 U.S.C. § 337. 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 industry requirement under section 337 for the ’789 patent. Because 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, this court reverses the Commission’s finding that the ’858 patent would have been obvious. Because the Commission also erred in claim construction for the ’789 patent, in applying the ordinary observer test for infringement, and in applying the technical prong of the section 337 domestic industry requirement, this court reverses the Commission’s determination on the ’789 patent.

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