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1、IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF WISCONSINGREEN BAY DIVISION _MANITOWOC CRANES, LLC Plaintiff,-vs- SANY AMERICA, INC. and SANY HEAVY INDUSTRY CO., LTDDefendants.JURY TRIAL DEMANDED_COMPLAINT FOR PATENT INFRINGEMENT AND MISAPPROPRIATION OFTRADE SECRETS AND JURY DEMAND_Pl
2、aintiff, Manitowoc Cranes, LLC (Manitowoc Cranes) alleges the following:I. PARTIES1. Manitowoc Cranes is a Wisconsin limited liability company with its headquarters at 2401South 30th Street, Manitowoc, WI 54221-0070.2. Upon information and belief, Defendant Sany America, Inc. (Sany America) is a Del
3、aware corporation with its headquarters at 318 Cooper Circle, Peachtree City, GA 30269.3. Upon information and belief, Defendant Sany Heavy Industry Co., Ltd. (Sany Heavy Industry) is a Chinese Corporation with its headquarters at Sany Industry Town, Economic and Technological Development Zone, Chan
4、gsha, Hunan Province, China.4. Upon information and belief, Defendant Sany America has done and continues to do business in the State of Wisconsin, including the Eastern District, by, among other things, committing acts, either by itself or through intermediaries, that constitute misappropriation of
5、 the trade secrets of Manitowoc Cranes. The Sany SCC8500, which includes trade secrets misappropriated from Manitowoc Cranes, was designed, in part, in this District. Upon information and belief, Mr. John Lanning, formerly of Manitowoc Cranes, worked out of his home in this Districtto design the SCC
6、8500. Upon information and belief, Mr. Lanning had frequent communication with employees of Sany America and Sany Heavy Industry from this District while designing theSCC8500. Mr. Lanning resides at 2908 North County Road H, Reedsville, Wisconsin 54230.5. Upon information and belief, Defendant Sany
7、Heavy Industry has done and continues to do business in the State of Wisconsin, including the Eastern District, by, among other things, committing acts, either by itself or through intermediaries, that constitute misappropriation of the trade secrets of Manitowoc Cranes. The Sany SCC8500, which incl
8、udes trade secrets misappropriated from Manitowoc Cranes, was designed, in part, in this District. Upon information and belief, Mr. John Lanning, formerly of Manitowoc Cranes, worked out of his home in this Districtto design the SCC8500. Upon information and belief, Mr. Lanning had frequent communic
9、ation with employees of Sany America and Sany Heavy Industry from this District while designing theSCC8500.II. JURISDICTION AND VENUE6. The jurisdiction of this Court is proper under 28 U.S.C. 1331, 1332, 1338. This action is a suit for patent infringement under the patent laws of the United States,
10、 35 U.S.C. 1 et. seq., and for misappropriation of trade secrets under the laws of the State of Wisconsin.7. Upon information and belief, Defendant Sany America sells a crane with the model number, SCC8500. Upon information and belief, Mr. John Lanning misappropriated trade secrets of Manitowoc Cran
11、es for use in designing the SCC8500. Upon information and belief, Defendant Sany America has misappropriated trade secrets in the Eastern District of Wisconsin. Upon information and belief, Defendant Sany America has done business in the Eastern District either directly or through intermediaries. Up
12、on information and belief, Defendant Sany America has committed the tort of misappropriation of trade secrets in the Eastern District. In addition, upon information and belief, a substantial part of the events or omissions giving rise to the claims of Manitowoc Cranes occurred in the Eastern Distric
13、t. Accordingly, Defendant Sany America resides in the Eastern District as the term reside is defined in 28 U.S.C. 1391(c) and, venue in the Eastern District is proper under 28 U.S.C. 1391(b)(1), (b)(2), and 1400(b).8. Defendant Sany America is subject to personal jurisdiction in Wisconsin and the Ea
14、stern District.9. Upon information and belief, Defendant Sany Heavy Industry manufactures and sells for import into the United States the SCC8500 crane. Upon information and belief, Mr. John Lanning misappropriated trade secrets of Manitowoc Cranes for use in designing the SCC8500. Upon information
15、and belief, Defendant Sany Heavy Industry has misappropriated trade secrets in the Eastern District of Wisconsin. Upon information and belief, Defendant Sany Heavy Industry has done business in the Eastern District either directly or through intermediaries. Upon information and belief, Defendant Sany Heavy Industry has committed the tort of misappropriation of trade secrets in the Eastern District. In addition, upon information and belief, a substantial part of the events or omissions giving rise to the claims of Manitowoc Cranes occurred in the Eastern District. Accordingly
