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McAndrews, Held & Malloy Secures ITC Victory For Chicago-Based Amsted Industries Incorporated

Date: October 20, 2009 || Client Successes

McAndrews, Held & Malloy announced today a victory for its client, Chicago-based Amsted Industries Incorporated, before the International Trade Commission (ITC), Investigation No. 337-TA-655.  

On Oct. 16, 2009, ITC Administrative Law Judge Carl C. Charneski determined that four Respondents, two Chinese companies and two U.S. companies, have violated Section 337 of the Tariff Act of 1930 by misappropriating numerous Amsted trade secrets relating to the manufacture of cast steel railway wheels, importing into the United States cast steel railway wheels and substantially injuring, and threatening substantial injury to, Amsted’s domestic cast steel railway wheel operations, which manufacture Amsted’s Griffin® wheels.  

The two Chinese Respondents are Tianrui Group Company Limited and Tianrui Group Foundry Company Limited.  The two U.S. Respondents are Standard Car Truck Company, Inc., which Wilmerding, Pa.-based Wabtec Corporation (NYSE-WAB) acquired in 2008, and Barber Tianrui Railway Supply, LLC.  Both Standard Car Truck and Barber Tianrui are based in Park Ridge, Ill.

Judge Charneski is expected to recommend the remedy for the Respondents’ illegal conduct within the next two weeks.    

“This case represents what the ITC is all about: protection from illegal imports,” said Greg Vogler, a McAndrews shareholder and Amsted’s lead counsel on the case.  “Despite the many hurdles in this case, the end result is that foreign and U.S. companies will not be permitted to illegally take away sales from a U.S. company.”   

McAndrews shareholder Dean Pelletier added, “This has been a hard fought case, but based on the substantial evidence we presented at the hearing, including evidence of Respondents’ copying, Amsted has properly prevailed.”

Amsted is represented by McAndrews attorneys Greg Vogler, Dean A. Pelletier, Wil Rao and Yufeng (Ethan) Ma and by Bryan Cave LLP attorneys Lyle Vander Schaaf and Jay H. Reiziss.