On November 15, 2013, ALJ David P. Shaw issued Order No. 8 granting Complainant Manitowoc Cranes, LLC’s (“Manitowoc”) motion to compel Respondents Sany Heavy Industry, Ltd. and Sany America, Inc. (collectively, “Sany”) to provide complete English translations of invalidity contentions and the foreign-language references identified therein in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).
According to the Order, Manitowoc argued that Sany “obfuscated” the substance of its invalidity contentions and was “attempting to require Manitowoc to incur the burden and expense of translating” those contentions “without Manitowoc knowing how Respondents will later contend that those references should be translated.” Sany countered that it already provided the requested translations and would provide revised claim charts.
ALJ Shaw granted the motion, noting his “concern[ ] that a motion had to be filed in order to compel production of English translations,” and stating that the dispute should have been resolved well before the date Sany anticipated completing its revised charts.