• ALJ Shaw Issues Notice Of Initial Determination Finding Violation Of Section 337 In Certain Crawler Cranes (337-TA-887)
  • July 23, 2014 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On July 14, 2014, ALJ 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).

    By way of background, this investigation is based on a June 12, 2013 complaint filed by Complainant Manitowoc Cranes, LLC (“Manitowoc”) alleging violation of Section 337 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 notice, ALJ Shaw determined that a violation of Section 337 has been found in this investigation. Specifically, ALJ Shaw determined that Manitowoc demonstrated (i) that “certain accused products infringe claims of the ‘928 patent,” and (ii) “misappropriation of certain asserted trade secrets.”

    The notice issued by ALJ Shaw released only limited information. We will provide additional information once the public version of the ID issues in its entirety.