The United States International Trade Commission (“ITC”) has issued an initial determination in a patent infringement and trade secrets case filed by Manitowoc against Sany Heavy Industries and Sany America.
On July 14, 2014, ITC Administrative Law Judge David P. Shaw issued a notice of the Initial Determination (“ID”) (dated July 11, 2014) in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).
The investigation is based on a June 12, 2013, complaint filed by Manitowoc Cranes, LLC (Manitowoc) alleging violation of Section 337 of the Tariff Act by respondents Sany Heavy Industry Co. Ltd. and Sany America Inc. in the importation into the U.S. and sale of certain crawler cranes and components that infringe one or more claims of U.S. Patent Nos. 7,546,928 (the ‘928 patent) and 7,967,158, and that were designed and manufactured using Manitowoc Cranes’ misappropriated trade secrets.
According to the notice, the judge determined that Sany violated Section 337. Specifically, the judge determined that Manitowoc demonstrated that “certain accused products infringe claims of the ‘928 patent,” and that Sany engaged in the “misappropriation of certain asserted trade secrets” owned by Manitowoc.
Manitowoc looks forward to receiving the commission’s final order later this year. The judge's notice released limited information. The company will provide more information when the public version of the Final Initial Determination is issued.
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