The United States International Trade Commission (“ITC”) has issued a favorable final determination in the patent infringement and trade secrets case filed by Manitowoc Cranes (“Manitowoc”) against Sany Heavy Industries and Sany America (collectively “Sany”).
On April 16, 2015, the ITC issued a Notice of the Commission’s Final Determination and Cease and Desist Order against Sany in Certain Crawler Cranes and Components (Inv. No. 337-TA-887). The Final Determination was issued in connection with the ITC’s investigation into Sany’s conduct based upon a complaint filed by Manitowoc, which alleged that Sany had violated Section 337 of the Tariff Act.
In its Final Determination, the ITC determined that at least one Sany crane product infringed 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 of six of Manitowoc’s trade secrets for a period of ten years. 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.
“Our Variable Position Counterweight (VPC) technology is a game changer in the industry and one example of our ongoing commitment to this endeavor. We are thrilled with the ITC’s decision, and believe today’s final determination further validates our clear technological leadership in the market place,” commented Glen E. Tellock, Manitowoc’s chairman and chief executive officer.