This case takes places in Kentucky and is an action for patent infringement against defendant. The plaintiff manufactures and sells a variety of high quality air conditioning products. One of plaintiff’s most successful products over the years has been a high-efficiency air conditioning unit, sold under the plaintiff’s brand. For many years, the plaintiff company has sold these air conditioning units through a large retail chain. The plaintiff enters into a yearly contract with the retail chain for the supply of its products. The high efficiency air condition products provided to the retail chain for sale at its retail outlets have constituted millions in annual revenue for the plaintiff. The defendant began manufacturing a high-efficiency air conditioning unit under its brand. The defendant’s air conditioner competes directly with the plaintiff’s and, like the plaintiff, the defendant manufactures its air conditioning unit in multiple sizes. Shortly after the defendant began manufacturing the infringing product, representatives of the plaintiff company met with representatives of the retail chain referenced above to discuss the upcoming summer line of the plaintiff’s products that would be sold in the store’s retail outlet, including the plaintiff’s patented high efficiency air conditioner. It was at this time that the plaintiff was informed that the retail chain was no longer going to carry the plaintiff’s air conditioners for the coming season, and instead would carry the defendant’s air conditioning products. The plaintiff believes that the defendant, without permission or license, has unlawfully and wrongfully made, sold, or offered for sale their high efficiency air conditioners.
Question(s) For Expert Witness
- 1. What is your familiarity with air conditioners?
- 2. Have you ever designed and/or built an air conditioner similar to the one referenced in the case summary? If so, please elaborate.
Expert Witness Response E-007971
I would be happy to help, and I think I can provide excellent support for this case. For patent cases, I have assisted in hearing preparation. This included working with the trial team to explain and justify our claim construction positions. I have also prepared both non-infringement and invalidity reports and have been deposed on those reports and opinions. On air conditioners, I do have good familiarity. Part of my experience came from my personal research and selection in purchase of a high-efficiency air conditioner for my own home. I have not designed an air conditioner of this type myself, although I have performed several of the design elements required.