The United States International Trade Commission has issued an initial determination that Sany infringed on patents held by Manitowoc.
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 patent infringement and trade secrets case filed by Manitowoc Cranes, LLC 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 United States 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.
The Commission’s final order is due later this year.