[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Notices]
[Pages 22549-22550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09280]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-887]


Certain Crawler Cranes and Components Thereof; Commission's Final 
Determination; Issuance of a Limited Exclusion Order and Cease and 
Desist Order; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 in this investigation 
and has (1) issued a limited exclusion order prohibiting importation of 
certain crawler cranes and components thereof and (2) issued a cease 
and desist order directed to the domestic respondent.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2737. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on July 17, 2013, based on a complaint filed by Manitowoc Cranes, LLC 
of Manitowoc, Wisconsin (``Manitowoc''). 78 FR 42800-01 (July 17, 
2013). The complaint alleges violations of subsection (a)(1)(B) of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337'') in the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain crawler cranes and components thereof, by reason 
of infringement of U.S. Patent Nos. 7,546,928 (``the '928 patent'') and 
7,967,158 (``the '158 patent''), and that an industry in the United 
States exists or is in the process of being established as required by 
subsection (a)(2) of section 337. The complaint further alleges 
violations of subsection (a)(1)(A) of section 337 by reason of trade 
secret misappropriation, the threat or effect of which is to destroy or 
substantially injure an industry in the United States or to prevent the 
establishment of such an industry. The Commission's notice of 
investigation named Sany Heavy Industry Co., Ltd. of Changsha, China, 
and Sany America, Inc. of Peachtree City, Georgia (collectively, 
``Sany'') as respondents. The Office of Unfair Import Investigations 
(``OUII'') was also named as a party.
    On July 11, 2014, the ALJ issued his final initial determination 
(``ID'') finding a violation of section 337 with respect to claims 1, 
2, 5, 8, and 23-26 of the '928 patent and misappropriation of

[[Page 22550]]

Trade Secret Nos. 1, 6, 14, and 15. The ALJ further found no violation 
of section 337 with respect to claims 6, 10, and 11 of the '928 patent, 
claim 1 of the '158 patent, and Trade Secret Nos. 3 and 4.
    On July 28, 2014, OUII, Manitowoc, and Sany each filed a petition 
for review. On August 5, 2014, the parties replied to the respective 
petitions for review.
    On September 19, 2014, the Commission determined to review the 
final ID and solicited briefing from the parties on questions 
concerning violation, remedy, bonding, and the public interest. 79 Fed. 
Reg. 57566-68. Specifically, the Commission determined to review the 
ALJ's findings with respect to: (1) Importation of the accused 
products; (2) infringement of the asserted patents; (3) estoppel; (4) 
the technical prong of the domestic industry requirement; and (5) the 
asserted trade secrets. The parties provided initial submissions to the 
Commission's questions on October 1, 2014, and responsive submissions 
on October 8, 2014.
    On December 3, 2014, the Commission determined to request 
additional briefing. Notice (December 3, 2014). On December 12, 2014, 
the parties filed initial submissions in response to the Commission's 
notice and filed response submissions on December 19, 2014.
    After considering the final ID, written submissions, and the record 
in this investigation, the Commission has determined to affirm-in-part 
and reverse-in-part the final ID and to terminate the investigation 
with a finding of violation of section 337. Specifically, the 
Commission: (1) Finds the asserted method claims of the '928 patent are 
not infringed; (2) finds the asserted method claim of the '158 patent 
is not infringed; (3) finds that claims 23-26 of the '928 patent are 
infringed by at least one product; (4) takes no position on the ALJ's 
estoppel findings; (5) finds that the domestic industry requirement has 
been met; and (6) finds Trade Secret Nos. 1, 3, 4, 6, 14, and 15 are 
protectable and have been misappropriated. The Commission has issued 
its opinion setting forth the reasons for its determination. 
Commissioner Kieff concurs in the outcome and has filed an opinion 
concurring in result and dissenting in part.
    Having found a violation of section 337 in this investigation, the 
Commission has determined that the appropriate form of relief is: (1) A 
limited exclusion order prohibiting the unlicensed entry of certain 
crawler cranes and components thereof that (a) infringe one or more of 
claims 23-26 of the '928 patent and are manufactured by, or on behalf 
of, or are imported by or on behalf of the Respondents or any of their 
affiliated companies, parents, subsidiaries, agents, or other related 
business entities, or their successors or assigns; and/or (b) are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
Respondents or any of their affiliated companies, parents, 
subsidiaries, or other related business entities, or their successors 
or assigns, using any of Trade Secret Nos. 1, 3, 4, 6, 14, and 15, for 
a period of ten (10) years; and (2) a cease and desist order 
prohibiting the domestic respondent from conducting any of the 
following activities in the United States: Importing, selling, 
marketing, advertising, distributing, transferring (except for 
exportation), and soliciting United States, agents or distributors for, 
certain crawler cranes and components therefore manufactured using any 
of Trade Secret Nos. 1, 3, 4, 6, 14, and 15.
    The Commission has also determined that the public interest factors 
enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not 
preclude issuance of the limited exclusion order or a cease and desist 
order. Finally, the Commission has determined that a bond during the 
period of presidential review (19 U.S.C. 1337(j)) shall be in the 
amount of 100 percent (100%) of the entered value of the imported 
articles that are subject to the limited exclusion order or cease and 
desist order. The Commission's orders and opinion were delivered to the 
President and to the United States Trade Representative on the day of 
their issuance.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

     Issued: April 16, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-09280 Filed 4-21-15; 8:45 am]
BILLING CODE 7020-02-P