On November 15, 2013, ALJ David P. Shaw issuedÂ Order No. 8Â granting Complainant Manitowoc Cranes, LLCâ€™s (â€œManitowocâ€) motion to compel Respondents Sany Heavy Industry, Ltd. and Sany America, Inc. (collectively, â€œSanyâ€) to provide complete English translations of invalidity contentions and the foreign-language references identified therein inÂ Certain Crawler Cranes and Components ThereofÂ (Inv. No. 337-TA-887).
According to the Order, Manitowoc argued that Sany â€œobfuscatedâ€ the substance of its invalidity contentions and was â€œattempting to require Manitowoc to incur the burden and expense of translatingâ€ those contentions â€œwithout Manitowoc knowing how Respondents will later contend that those references should be translated.â€Â Sany countered that it already provided the requested translations and would provide revised claim charts.
ALJ Shaw granted the motion, noting his â€œconcern[ ] that a motion had to be filed in order to compel production of English translations,â€ and stating that the dispute should have been resolved well before the date Sany anticipated completing its revised charts.
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