Crocs Defends Timing of ITC Ruling Appeal to Federal Circuit (2)

Crocs Inc. faced a Federal Circuit panel skeptical that it timely appealed a tribunal’s refusal to block imports of footwear that allegedly infringed its iconic clog design.

The International Trade Commission’s position that the 60-day clock to appeal started when a party was cleared of infringement appeared to have at least some buy-in from the panel for the US Court of Appeals for the Federal Circuit during oral arguments Thursday. The judges also probed Crocs’ argument that a dissenting commissioner correctly found the imported shoes would confuse consumers.

The procedural dispute turns on when a “final determination” is made when ...