WASHINGTON, July 23, 2014 -- On July 14, 2014, the United States International Trade Commission issued an initial determination (ID) in a patent infringement and trade secrets investigation that was initiated based upon Manitowoc’s complaint against Sany Heavy Industries and Sany America.
Manitowoc’s June 12, 2013, complaint alleged violations 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 thereof 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 public notice issued this week, ALJ Shaw determined that Sany violated Section 337. Specifically, Judge Shaw 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. The period of recommended exclusion from the United States due to these violations remains confidential at this point.
The Commission’s final order is expected later this year. The Baker Botts team was led by Mark Whitaker (DC) and David Wille (Dallas). Other team members included Megan LaDriere (Dallas); Tommy Martin, Kassity Liu, and senior paralegal Mark Ferragamo (DC); Joey Gray and Stephanie DeBrow (Austin); Gene Spears and Tom Rooney (Houston).
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