On February 25, 2014, ALJ David P. Shaw issued the public version of Order No. 21 (dated February 20, 2014) in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).
According to the Order, Respondents Sany Heavy Industry Co., Ltd. and Sany America, Inc. (collectively, “Sany”) filed a motion for “summary determination that Complainant’s list of alleged trade secrets are not subject to trade secret protection or that Respondents have not misappropriated them.” Sany argued that many of Complainant Manitowoc Cranes, LLC’s (“Manitowoc”) alleged trade secrets do not qualify for trade secret protection. Additionally, Sany asserted that many of Manitowoc’s alleged trade secrets were not secrets. Lastly, Sany argued that Manitowoc failed to provide evidence that Sany misappropriated the alleged trade secrets.
ALJ Shaw determined that there are genuine issues of material fact remaining as to all of Sany’s arguments. ALJ Shaw held that Manitowoc’s December 26, 2013 amended interrogatory responses and the testimony of Larry Weyers raised genuine issue of material fact as to whether the purported trade secrets are protectable as trade secrets. Regarding Sany’s assertion that several of Manitowoc’s alleged trade secrets were not secrets, ALJ Shaw held that Manitowoc presented evidence sufficient to raise genuine issues of material fact. ALJ Shaw also determined that Manitowoc produced testimony and accompanying exhibits sufficient to raise a factual issue about whether Sany misappropriated the alleged trade secrets. Accordingly, ALJ Shaw denied Sany’s Motion for Summary Determination.