Crocs to Appeal Recent Patent Office Ruling; Anticipates No Meaningful Impact On Business
August 15 2017 - 2:59PM
Crocs, Inc. (NASDAQ:CROX) today announced its disagreement with the
decision recently issued by the United States Patent and Trademark
Office (“USPTO”) relating to one of its many design patents, as
well as several subsequent and needlessly
dramatic headlines, and its plans to appeal the ruling.
In its ruling, the USPTO found the patent issued to Crocs in
2006, which covers the design of its Classic Clog, to be invalid
for technical reasons related to Crocs own early sales. Crocs will
dispute this analysis in its appeal.
“The impact of this ruling has been greatly exaggerated in
certain news reports,” said Daniel P. Hart, Executive Vice
President and Chief Legal Officer at Crocs. “We are confident in
the appeals process and, moreover, we have plans in place to
continue to protect our Classic Clog design well beyond the life of
this particular patent. Crocs will continue to aggressively enforce
our intellectual property portfolio against those who unfairly
trade on Crocs’ goodwill and reputation.”
The recent decision is simply the next step in the
administrative process, allowing Crocs to appeal to the Patent
Trial and Appeal Board and eventually the Federal Circuit Court of
Appeals, the same court that ruled in its favor in enforcement of
the same patent during its successful International Trade
Commission case.
The USPTO’s decision has no immediate or long-term material
negative impact on Crocs’ business. Nor has Crocs’ business been
adversely impacted over the last five years, since the USPTO first
reexamined validity issues with regards to the patent.
It is important to note that the patent at issue remains valid
and enforceable during the appeals process, which can take many
years to complete. Throughout, Crocs will continue to be a world
leader in innovative casual footwear, inspiring customers to
express their one-of-a-kindness and to be comfortable in their own
shoes.
About Crocs, Inc. Crocs,
Inc. (Nasdaq:CROX) is a world leader in innovative casual
footwear for men, women and children. Crocs offers a
broad portfolio of all-season products, while remaining true to its
core molded footwear heritage. All Crocs™ shoes feature Croslite™
material, a proprietary, revolutionary technology that gives each
pair of shoes the soft, comfortable, and lightweight qualities
that Crocs fans know and love.
To learn more about Crocs, visit www.crocs.com.
Media Contact:
Patrick Rich
Crocs, Inc.
303-848-7000
prich@crocs.com
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