One Determination, Two Clocks: Crocs Asks the Supreme Court to Fix ITC Appeal Deadlines
Crocs asks the Supreme Court whether one ITC determination can start two appeal clocks after the Federal Circuit dismissed its appeal as late.
WISECODE Take
Crocs petitioned the Supreme Court (No. 25A1364) to resolve a critical procedural trap: whether a single ITC determination can trigger multiple appeal deadlines. The Federal Circuit (No. 2024-1300) dismissed Crocs' appeal regarding "no-violation" findings as untimely, holding that the 60-day clock ran from the initial decision date, despite pending Presidential review on other parts. If your business does not engage in U.S. cross-border trade or ITC litigation, this ruling will not affect you. We advise companies facing mixed ITC rulings to immediately appeal non-reviewable issues rather than waiting for the entire case to conclude, and ensure counsel monitors distinct triggers.
Original sources
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