The Case:
The plaintiff, an American tobacco manufacturing company, sued a competing tobacco product producer for infringement after alleging that they violated three patents related to electronic heating and vaping products. The plaintiff claimed that the defendant violated section 337 based on the design, composition, and structure of their competing fluid vaporizers.
The Ask:
The plaintiff approached WIT to provide an expert who possessed extensive knowledge of vaping device technology, specifically electronic smoking articles, their components, and their control units. The case also called for an expert in epidemiology to evaluate if the marketing of these products is appropriate for the protection of public health.
Why WIT Was Best Suited to Meet the Expert Need:
In anticipation of an influx of disputes regarding medical device patents, WIT has actively recruited and retained world-class academics, industry executives, and subject-matter experts to support clients in life sciences litigation. For this case, WIT was able to recommend an affiliate expert with extensive technology design and product development experience in the healthcare and biomedical industries with respect to drug delivery and respiratory care. We also provided an epidemiologist whose expertise lies in large-scale research on disease understanding and prevention, pharmacoepidemiology, drug safety, and treatment evaluation to decide if the devices truly protect public health.
At the conclusion of the dispute, the ITC determined that our client's claims of infringement were in fact valid and that the defendant was to cease production and importation of their competing product.
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