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ARTICLE · 11 JUNE 2018

Some ITC Decisions Create Collateral Estoppel, ITC Blog

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While patent decisions from the ITC do not have collateral estoppel effects on later district court cases, other ITC decisions may create collateral estoppel.

United StatesIntellectual Property
Daniel Kazhdan
Daniel Kazhdan
David Maiorana
David Maiorana
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While patent decisions from the ITC do not have collateral estoppel effects on later district court cases, other ITC decisions may create collateral estoppel. In a case of first impression, a district court recently ruled that an earlier trade-secret misappropriation decision from the ITC created collateral estoppel in the district court. Manitowoc Cranes LLC v. Sany Am. Inc., No. 13-c-677, 2018 WL 582334 (E.D. Wis. Dec. 11, 2017).

In the underlying investigation, the ITC found that Sany misappropriated Manitowoc's trade secrets relating to crawler-crane technology under federal common law. Certain Crawler Cranes & Components Thereof, Inv. No. 337-TA-887 (ITC May 6, 2015). The Federal Circuit affirmed. Sany Heavy Indus. Co. v. ITC, 669 F. App'x 569 (Fed. Cir. 2016). After prevailing at the ITC and the Federal Circuit, Manitowoc resumed its previously stayed suit in district court. Sany tried to dispute that any secrets were misappropriated but the district court

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