The Federal Circuit recently issued another Rule 36 affirmance
of an International Trade Commission order barring the importation
of products made using misappropriated trade secrets. (See our
previous post about another Rule 36 affirmance of an ITC trade
secrets order here.) This time, the Commission barred for
ten years the importation into the U.S. of crawler cranes that
relied on the trade secrets at issue.
Background Regarding the ITC's
Investigation
In June 2013, Manitowoc Cranes LLC filed a complaint under
Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337)
against Sany Heavy Industry Co., Ltd. and Sany America Inc.
Certain Crawler Cranes and Components Thereof,
Inv. No. 337-TA-887, 78 Fed. Reg. 42800 (July 11, 2013). The
complaint alleged violations of Section 337 based on the
importation into the U.S. of crawler cranes that incorporated
misappropriated trade secrets and that infringed two patents. At
trial, the ALJ adjudicated six of these trade
