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U.S. Court of Appeals Rules for Baker Botts Client in ITC Patent, Trade Secrets Investigation

News Release

DALLAS, October 14, 2016 - Baker Botts L.L.P, a leading international law firm, announced a victory for firm client Manitowoc Cranes in a patent and trade secrets investigation against China-based, Sany Heavy Industry Co, Ltd., the sixth-largest heavy equipment manufacturer in the world. The U.S. Court of Appeals for the Federal Circuit affirmed summarily and without opinion under Fed. R. App. Proc. 36.

"We are pleased the court affirmed the findings in favor our client Manitowoc Cranes,” said Baker Botts Partner David Wille, a lead lawyer on the matter. “The order reaffirms the ITC’s prior ruling for our client including its detailed findings of wrongdoing by Sany. I am personally grateful to have worked with such a diligent and capable team on this matter.”

Baker Botts represented Manitowoc in an International Trade Commission (ITC) investigation initiated against Sany Heavy Industry Co, Ltd. in a claim that accused Sany of manufacturing, importing, selling for importation, and/or selling after importation crawler cranes that use certain variable position counterweight technology covered by U.S. patents and that incorporate certain of Manitowoc Cranes’ trade secrets.

In July 2014, the ITC determined that Sany violated Section 337 and recommended the entity’s exclusion from the U.S. due to its violations. In April 2015, the ITC reached its final determination and entered a 10-year exclusion order against the Chinese crane manufacturer after finding patent infringement and misappropriation of trade secrets.

Baker Botts represents Manitowoc Cranes, LLC, a subsidiary of The Manitowoc Company, Inc., the NYSE-listed, U.S.-based global company specializing in products for the food service and construction industries.

Baker Botts lawyers involved: David Wille (Partner, Dallas); Joey Gray (Partner, Austin); Gene Spears (Special Counsel, Houston).


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About Baker Botts LLP

Baker Botts is an international law firm of approximately 725 lawyers practicing throughout a network of 14 offices around the globe. Based on our experience and knowledge of our clients’ industries, we are recognized as a leading firm in the energy and technology sectors. Throughout our 177-year history, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit

BakerBotts.com.

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