On June 12, 2013, both a patent violation complaint and lawsuit against Sany America was filed by Manitowoc Cranes to the USITC (United States International Trade Commission). The USITC has announced that an investigation will take place to confirm the validity of the patent infringement claims made by Manitowoc. The alleged patent violation is focused upon two Manitowoc patents in the design of the company’s SCC8500 crawler crane.
The increasingly heated battle between the two companies began with Sany’s hiring of their current Crane R&D Director, John Lanning, who was previously employed at Manitowoc for 24 years.
Sany President, Xiang Wenbo, commented on the claim and lawsuit stating the company “categorically rejects” the accusations and that “The SANY SCC8500 crawler crane was developed from start to finish by SANY engineers, using our own ideas and our own technological innovations.”
Within the claim, states a breach of section 337 of the Tariff Act of 1930 by Sany. If Sany is found guilty of these charges, all Sany cranes in transgression will face a limited import ban.
According to the USITC, no conclusion has been made on the legitimacy of the infringement complaint. An evidentiary hearing will be the next step in which case a judge will make a determination as to whether there is a violation. That decision will still be subject to review by the commission.
The USITC has set a 40-day target for completion of the investigation.
All data credited to Wayne Grayson