DALLAS, April 17, 2015 – Baker Botts, a leading international business law firm, today announced that The United States International Trade Commission (the ITC) has issued a final determination in a patent and trade secret investigation instituted at the request of Manitowoc against Sany Heavy Industry and Sany America.
On April 16, 2015, the United States International Trade Commissions issued a final determination in In Re Certain Crawler Crains and Components Thereof, Investigation No. 337-TA-887.
Manitowoc alleged in a June, 2013 Complaint that Sany Heavy Industry Co., Ltd. and Sany America, Inc. violated Section 337 of the Tariff Act by importing or selling for importation crawler cranes and components that infringe one or more claims of two Manitowoc patents, and that were designed and manufactured using Manitowoc Cranes’ misappropriated trade secrets.
In its Final Determination, the ITC determined that at least one product infringed certain apparatus claims of one of Manitowoc’s patents, and that six trade secrets of Manitowoc were both protectable as trade secrets and misappropriated. As a result of these findings, the ITC has issued a limited exclusion order that prohibits importation by Sany of cranes (a) that infringe one of Manitowoc’s patents or (b) that use any six of Manitowoc’s trade secrets for a period of ten years.
The Administrative Law Judge had previously recommended an exclusion order of 5-10 years for the trade secret violations, and the ITC apparently believed that the evidence supported the longer period of exclusion. The ITC also issued a cease and desist order that prohibits Sany America from importing, selling, marketing, advertising or distributing cranes that were manufactured using any of the six Manitowoc trade secrets found to be misappropriated.
The Baker Botts team for Manitowoc was lead by Lead Counsel David Wille and ITC Expert Mark Whitaker. Other team members include: Joey Gray, Gene Spears, Tommy Martin, Stephanie Debrow, Tom Rooney,Valerie Barker and Megan LaDriere.
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