Amsted Secures 10-Year Exclusion Order and 10-Year Cease and Desist Orders Against Tianrui, Tianrui Foundry, SCT and Barber


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

On Feb. 16, 2010, the ITC issued a 10-year limited exclusion order and 10-year cease and desist orders against four Respondents: two Chinese companies (Tianrui Group Company Limited and Tianrui Group Foundry Company Limited) and two U.S. companies (Standard Car Truck Company, Inc., which Wilmerding, Pa.-based Wabtec Corporation [NYSE-WAB] acquired in 2008, and Barber Tianrui Railway Supply, LLC).

The exclusion order and cease and desist orders are directed to cast steel railway wheels and products containing cast steel railway wheels manufactured by or for Respondents using any of Amsted’s 128 trade secrets that Respondents have misappropriated. More specifically, the exclusion order prohibits the entry into the United States of such cast steel railway wheels and products.  The cease and desist orders prohibit all four Respondents from, among other things, importing or selling for importation into the United States, offering for sale, marketing, selling or distributing in the United States and advertising such cast steel railway wheels and products.

“The ITC properly has sent a strong message to Respondents and others that intellectual property rights will be protected in the United States and, in particular, at the ITC,” said Greg Vogler, a McAndrews shareholder and Amsted’s lead trial counsel on the case.  “Amsted’s trade secrets are valuable competitive assets, and the ITC’s remedies reflect the scope of Respondents’ misappropriation and the nature and value of those assets.”

McAndrews shareholder and trial counsel Dean Pelletier added, “The Respondents were caught red-handed in what might be the single biggest intellectual property heist of all time.  The ITC’s remedies reflect those circumstances and are steps towards re-establishing fair competition in the U.S. railway wheel market.”

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.

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