81 FR 54820 - Certain Foam Footwear; Institution of an Advisory Opinion Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 159 (August 17, 2016)

Page Range		54820-54820
FR Document		2016-19561

Notice is hereby given that the U.S. International Trade Commission has determined to institute an advisory opinion proceeding in the above-captioned investigation.

Federal Register, Volume 81 Issue 159 (Wednesday, August 17, 2016)

[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Notices]
[Page 54820]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19561]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-567 (Advisory Opinion Proceeding)]


Certain Foam Footwear; Institution of an Advisory Opinion 
Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute an advisory opinion proceeding 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 11, 2006, based on a complaint, as amended, filed by Crocs, Inc. 
(``Crocs'') of Niwot, Colorado. 71 FR 27514-15 (May 11, 2006). The 
complaint alleged, inter alia, violations of section 337 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1337), in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain foam footwear, by reason of 
infringement of claims 1-2 of U.S. Patent No. 6,993,858 (``the '858 
patent'') and U.S. Patent No. D517,789 (``the '789 patent''). The 
notice of investigation named several respondents including Double 
Diamond Distribution Ltd. (``Double Diamond'') of Saskatoon, Canada.
    On July 25, 2008, the Commission issued its final determination 
finding no violation of section 337 based on non-infringement and non-
satisfaction of the technical prong of the domestic industry 
requirement with respect to the '789 patent, and invalidity of the '858 
patent as obvious under 35 U.S.C. 103. 73 FR 45073-74 (Aug. 1, 2008). 
On July 15, 2011, after an appeal to the U.S. Court of Appeals for the 
Federal Circuit and subsequent remand vacating the Commission's 
previous finding of no violation, the Commission found a violation of 
section 337 based on infringement of the asserted claims of the patents 
and issued a general exclusion order and, inter alia, a cease and 
desist order directed against Double Diamond. 76 FR 43723-24 (July 21, 
2011).
    On July 12, 2016, Double Diamond and U.S.A. Dawgs, Inc. (``USA 
Dawgs'') of Las Vegas, Nevada (collectively, the ``requesters'') 
petitioned for institution of an advisory opinion proceeding as to 
whether their Fleece Dawgs footwear is covered by the general exclusion 
order or cease and desist order directed against Double Diamond. No 
responses were filed.
    The Commission has determined that requesters' petition complies 
with the requirements for institution of an advisory opinion proceeding 
under Commission Rule 210.79 to determine whether their Fleece Dawgs 
footwear infringes the '789 patent or claims 1 or 2 of the '858 patent. 
Accordingly, the Commission has determined to institute an advisory 
opinion proceeding and refer requesters' petition to the Office of 
Unfair Import Investigations (``OUII''). The parties will furnish OUII 
with information as requested, and OUII shall investigate and issue a 
report to the Commission within ninety (90) days of the date of 
publication of this notice in the Federal Register. The Commission will 
issue an advisory opinion within 45 days of receipt of OUII's written 
report. The following entities are named as parties to the proceeding: 
(1) Crocs; (2) Double Diamond; and (3) USA Dawgs.
    The authority for the Commission's determination is contained in 
sections 335 and 337 of the Tariff Act of 1930, as amended (19 U.S.C. 
1335, 1337), and in Part 210 of the Commission's Rules of Practice and 
Procedure (19 CFR part 210).

    By Order of the Commission.

    Issued: August 11, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-19561 Filed 8-16-16; 8:45 am]
 BILLING CODE 7020-02-P

54820 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices

A. Overview of Information Collection INTERNATIONAL TRADE requirement with respect to the ’789
COMMISSION patent, and invalidity of the ’858 patent
Title of Information Collection: as obvious under 35 U.S.C. 103. 73 FR
Uniform Physical Standards & Physical [Investigation No. 337–TA–567 (Advisory
Opinion Proceeding)] 45073–74 (Aug. 1, 2008). On July 15,
Inspection Requirements. 2011, after an appeal to the U.S. Court
OMB Approval Number: 2502–0369. Certain Foam Footwear; Institution of of Appeals for the Federal Circuit and
Type of Request: Extension of an Advisory Opinion Proceeding subsequent remand vacating the
currently approved collection. Commission’s previous finding of no
AGENCY: U.S. International Trade
Form Number: N/A. violation, the Commission found a
Commission.
violation of section 337 based on
Description of the need for the ACTION: Notice. infringement of the asserted claims of
information and proposed use: All the patents and issued a general
multifamily properties owned by HUD SUMMARY: Notice is hereby given that
the U.S. International Trade exclusion order and, inter alia, a cease
or with HUD-insured mortgages must be
Commission has determined to institute and desist order directed against Double
inspected regularly to ensure that they
an advisory opinion proceeding in the Diamond. 76 FR 43723–24 (July 21,
are maintained in a condition that is
above-captioned investigation. 2011).
decent, safe, sanitary, and in good
repairs. FOR FURTHER INFORMATION CONTACT: On July 12, 2016, Double Diamond
Clint Gerdine, Office of the General and U.S.A. Dawgs, Inc. (‘‘USA Dawgs’’)
Respondents: Affected public.
Counsel, U.S. International Trade of Las Vegas, Nevada (collectively, the
Estimated Number of Respondents: Commission, 500 E Street SW., ‘‘requesters’’) petitioned for institution
12,125. Washington, DC 20436, telephone (202) of an advisory opinion proceeding as to
Estimated Number of Responses: 708–2310. Copies of non-confidential whether their Fleece Dawgs footwear is
12,125. documents filed in connection with this covered by the general exclusion order
Frequency of Response: Annual. investigation are or will be available for or cease and desist order directed
inspection during official business against Double Diamond. No responses
Average Hours per Response: 6. hours (8:45 a.m. to 5:15 p.m.) in the were filed.
Total Estimated Burden: 26,706. Office of the Secretary, U.S.
International Trade Commission, 500 E The Commission has determined that
B. Solicitation of Public Comment Street SW., Washington, DC 20436, requesters’ petition complies with the
telephone (202) 205–2000. General requirements for institution of an
This notice is soliciting comments advisory opinion proceeding under
from members of the public and affected information concerning the Commission
may also be obtained by accessing its Commission Rule 210.79 to determine
parties concerning the collection of whether their Fleece Dawgs footwear
information described in Section A on Internet server at http://www.usitc.gov.
The public record for this investigation infringes the ’789 patent or claims 1 or
the following:
may be viewed on the Commission’s 2 of the ’858 patent. Accordingly, the
(1) Whether the proposed collection electronic docket (EDIS) at http:// Commission has determined to institute
of information is necessary for the edis.usitc.gov. Hearing-impaired an advisory opinion proceeding and
proper performance of the functions of persons are advised that information on refer requesters’ petition to the Office of
the agency, including whether the this matter can be obtained by Unfair Import Investigations (‘‘OUII’’).
information will have practical utility; contacting the Commission’s TDD The parties will furnish OUII with
(2) The accuracy of the agency’s terminal on (202) 205–1810. information as requested, and OUII shall
estimate of the burden of the proposed SUPPLEMENTARY INFORMATION: The investigate and issue a report to the
collection of information; Commission instituted this investigation Commission within ninety (90) days of
(3) Ways to enhance the quality, on May 11, 2006, based on a complaint, the date of publication of this notice in
utility, and clarity of the information to as amended, filed by Crocs, Inc. the Federal Register. The Commission
be collected; and (‘‘Crocs’’) of Niwot, Colorado. 71 FR will issue an advisory opinion within 45
27514–15 (May 11, 2006). The days of receipt of OUII’s written report.
(4) Ways to minimize the burden of
complaint alleged, inter alia, violations The following entities are named as
the collection of information on those
of section 337 of the Tariff Act of 1930, parties to the proceeding: (1) Crocs; (2)
who are to respond; including through
as amended (19 U.S.C. 1337), in the Double Diamond; and (3) USA Dawgs.
the use of appropriate automated
importation into the United States, the
collection techniques or other forms of The authority for the Commission’s
sale for importation, and the sale within
information technology, e.g., permitting determination is contained in sections
the United States after importation of
electronic submission of responses. 335 and 337 of the Tariff Act of 1930,
certain foam footwear, by reason of
HUD encourages interested parties to infringement of claims 1–2 of U.S. as amended (19 U.S.C. 1335, 1337), and
submit comment in response to these Patent No. 6,993,858 (‘‘the ’858 patent’’) in Part 210 of the Commission’s Rules
questions. and U.S. Patent No. D517,789 (‘‘the ’789 of Practice and Procedure (19 CFR part
Authority: Section 3507 of the Paperwork patent’’). The notice of investigation 210).
Reduction Act of 1995, 44 U.S.C. Chapter 35. named several respondents including By Order of the Commission.
Double Diamond Distribution Ltd.
mstockstill on DSK3G9T082PROD with NOTICES

Dated: August 9, 2016. Issued: August 11, 2016.
(‘‘Double Diamond’’) of Saskatoon,
Janet M. Golrick, Lisa R. Barton,
Canada.
Associate General Deputy Assistant Secretary On July 25, 2008, the Commission Secretary to the Commission.
for Housing—Associate Deputy Federal issued its final determination finding no [FR Doc. 2016–19561 Filed 8–16–16; 8:45 am]
Housing Commissioner. violation of section 337 based on non- BILLING CODE 7020–02–P
[FR Doc. 2016–19637 Filed 8–16–16; 8:45 am] infringement and non-satisfaction of the
BILLING CODE 4210–67–P technical prong of the domestic industry

VerDate Sep<11>2014 16:39 Aug 16, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4703 Sfmt 9990 E:\FR\FM\17AUN1.SGM 17AUN1

Document Created: 2018-02-09 11:35:02
Document Modified: 2018-02-09 11:35:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Clint Gerdine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2310. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation		81 FR 54820