Manitowoc receives favorable initial determination in Sany patent infringement lawsuit

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 Complainant 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 is pleased by the Judge’s favorable ruling and looks forward to receiving the Commission’s final order later this year. The notice issued by the Judge released only limited information. The company will provide additional information once the public version of the Final Initial Determination is issued.