By Eric Schweibenz
On August 26, 2010, ALJ Charles E. Bullock issued a notice regarding the remand proceeding in Certain Foam Footwear (Inv. No. 337-TA-567).  The notice follows a February 24, 2010 judgment of the Federal Circuit overturning the ITC’s July 25, 2008 final determination of no violation of Section 337 and remanding the investigation.  See our July 9, 2010 and February 24, 2010 posts for more details.

In the August 26 notice, ALJ Bullock noted that the ITC “remanded this Investigation to the undersigned for further ‘proceedings consistent with the February 24, 2010 judgment of the U.S. Court of Appeals for the Federal Circuit in Crocs, Inc. v. United States Int'l Trade Comm'n, 598 F.3d 1294 (Fed. Cir. 2010), including a determination regarding the outstanding issue of enforceability of the ‘858 and ‘789 patents.’”  ALJ Bullock determined in the notice that “the issue of enforceability was tried before the undersigned and fully briefed by the parties in their post-trial submissions…[and thus] the remand proceedings will proceed on the evidence already of record.”