On March 19, 2014, the International Trade Commission (the “Commission”) issued a notice in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).  In the notice, the Commission determined to review in part Order No. 17 granting Complainant Manitowoc Cranes, LLC’s (“Manitowoc”) motion that it satisfied the economic prong of the domestic industry requirement as to its patent infringement allegations and that it has satisfied the requirement for injury to a domestic industry for its trade secret misappropriation allegations.  Specifically, the Commission determined to review the findings in Order No. 17 as to the economic prong of the domestic industry requirement.  

By way of background, this investigation is based on a June 12, 2013 complaint filed by 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 and 7,967,158, and that were designed and manufactured using Manitowoc Cranes’ misappropriated trade secrets.  See our June 14, 2013 and July 15, 2014 posts for more details on the complaint and Notice of Investigation, respectively.  As explained in our February 19, 2014 post, ALJ Shaw granted Manitowoc’s summary determination motion finding that Manitowoc had satisfied the economic prong of the domestic industry requirement and the domestic industry requirement for trade secret misappropriation.

According to the March 19, 2014 notice, the Commission determined to review the ID in part with respect to the ALJ’s findings regarding subsection 337(a)(3).  Specifically, the Commission modified ALJ Shaw’s findings to specifically note the particular evidentiary support showing how Manitowoc satisfied the economic prong of the domestic industry requirement under sections 337(a)(3)(A) and (B).  Also, the Commission took no position on whether Manitowoc satisfied the economic prong of the domestic industry requirement under section 337(a)(3)(C).