On August 2, 2011 the Commission issued its Opinion on remedy and bond in Inv. No. 337-TA-567, Certain Foam Footwear. This Investigation was instituted in 2006 based on a Complaint filed by Crocs, Inc. Double Diamond, Holey Soles and Effervescent are the only remaining Respondents. The Federal Circuit previously reversed a finding of no violation of Section 337 by the Commission and remanded for consideration of enforceability. The presiding ALJ determined, and the Commission agreed, that the patents-at-issue are enforceable.
Now, in its determination of remedy and bond, the Commission held that a general exclusion order and cease and desist order are appropriate. Additionally, the Commission found that public interest factors do not preclude issuance of a general exclusion order or a cease and desist order. Finally, the Commission set the bond at $0.00 for Respondent Double Diamond’s covered products, at $0.01 per pair of shoes for Respondent Holey Soles’ covered products, at $0.05 per pair of shoes for Respondent Effervescent’s covered products and at 100% of the entered valued for all other covered products during the presidential review period.