by Sterling Anthony, CPP, expert witness, packaging, warnings, patent infringement, cargo loading & securement, insurance claims
Case Synopsis:
A packaging supply company (A) was issued utility patents for a type of paperboard carton that holds and dispenses canned soft drinks. The carton went on to become the best-seller throughout the soft drink industry. There came a time when another packaging supplier (B) started marketing its own paperboard carton/dispenser. Company A sued B over patent infringement. B mounted an affirmative defense, claiming: 1) there was no infringement; and, 2) even if there was infringement, the patents were invalid.
I was an expert for the attorney for Plaintiff.
My services rendered:
As an expert, it was not my role to opine on infringement and invalidity, as those determinations are to be made by the triers-of-fact, namely, a judge or jury.
I was a consultant to the attorney-client, educating him on packaging’s role as a marketing tool, in general, and that role within the soft drink industry, in specific.
I advised on Claim Charts, comparing the claimed features of the patented design to those of the accused.
I advised on Claim Constructions for the Markman Hearing, advising as to the definitions that certain terms-of-art carry within the involved industries. I advised on intrinsic and extrinsic evidence.
I wrote an Expert Report on Infringement. I also wrote Rebuttal Reports to the reports written by Defendant’s expert.
I gave testimony, first in a Deposition. Finally, I testified at trial, both in the Infringement phase and in the Invalidity phase.
Result:
Verdicts in favor of Plaintiff on both Infringement and Invalidity.
Sterling Anthony, CPP, is a consultant to the industrial, institutional, and government sectors and an expert to the legal community. He is a former manager at Fortune 100 companies and a former instructor at two major universities. His contact information is: 100 Renaissance Center-Box 43176, Detroit, MI 48243; (office) 313-531-1875; (cell) 313-623-0522; (fax) 313-531-1972; thepackagingexpertwitness@gmail; www.thepackagingexpertwitness.com