Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887)

Brattle economists assisted counsel for complainant Manitowoc in an investigation concerning crawler cranes. Dr. Seth prepared a report evaluating Manitowoc’s domestic investments related to the asserted patents and the extent to which misappropriation of trade secrets by Sany had led to or were likely to lead to loss of sales, revenue and market position, damage to reputation, and price erosion within the domestic industry for crawler cranes. The ALJ granted a motion for summary determination, finding that Manitowoc had satisfied the economic prong of the domestic industry requirement and had shown that actions by Sany had injured or threated to injure the domestic crawler crane industry. In its opinion, the Commission affirmed related parts of the administrative law judge’s (ALJ’s) initial determination (ID) and issued a cease and desist order against Sany America with respect to the asserted trade secrets for 10 years.