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LITIGATION SUPPORT

Finity Engineering associates have been recognized as expert witnesses in numerous patent, product liability, and contract disputes – both at Federal and State courts, as well as by the ITC, USPTO, PTAB, and US Customs and Border Protection.

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EXPERT WITNESS CASES

Exemplary cases for which Finity Engineering has provided expert witness services:

DRONE FLEET CONTROL PATENT DISPUTE
A technology company filed a patent infringement action involving software used to manage fleets of drones. The asserted patents relate to avionics and fleet-control platforms that monitor aircraft performance data, manage flight missions, and generate vehicle commands using networked software and mobile applications. Finity Engineering supported the matter through detailed technical analysis of system functionality and extensive source code review.

ROBOTIC PARCEL SINGULATION SYSTEM PATENT DISPUTE
A manufacturer of robotic parcel singulation technology brought a patent suit against a competitor. The patents concerned conveyor systems integrating multiple robot singulators, machine vision cameras, and control software that coordinate parcel picking and transfer between conveyors. The defendant’s dual-arm robotic parcel induction system was alleged to infringe these patents. Finity Engineering supported the matter through technical analysis of system functional requirements and extensive review of the accused system’s source code and control architecture.

ELECTRONIC VAPORIZER CARTRIDGE PATENT DISPUTE
A manufacturer of e-cigarette technology filed a patent suit alleging that competing products infringed multiple utility and design patents covering atomizer assemblies used in vaping devices. Finity Engineering supported the matter through expert analysis involving advanced product imaging of internal components. 

LIGHT-GUIDED WAREHOUSE PICKING SYSTEM PATENT DISPUTE
A developer of light-guided work instruction technology sued Amazon alleging infringement of several patents relating to systems that use projected light indicators to guide workers during assembly and warehouse picking operations. The plaintiff alleged that Amazon deployed similar light-guided technology in its fulfillment centers. Finity Engineering provided litigation support through analysis of the patent claims, prior art, and the accused products. 

BULK ASH RECYCLING PROCESS TRADE SECRET DISPUTE
A manufacturer of bulk recycling equipment sued a recycling company arising from a collaboration involving technology designed to recover valuable metals from incinerator ash and similar waste streams. The plaintiff alleged that after the business relationship ended, the defendant used confidential information obtained during the collaboration – including system design details – to replicate confidentially disclosed functionality. Finity Engineering provided support through source through technical analysis of the recycling technology, system design, and source code. 

ROBOTIC WELDING CELL CONTRACT DISPUTE
A manufacturer of wire components contracted with an automation integrator to design and deliver a dual-arm robotic welding cell intended to weld seat frame assemblies. The plaintiff alleged that the delivered system contained multiple defects, failed to meet contractual design specifications, and was unusable for its intended purpose, leading the purchaser to reject the machine and seek damages. Finity Engineering provided a technical analysis of the system design, functional requirements, and as-built capabilities.

ADJUSTABLE STANDING DESK PATENT DISPUTE
A dispute arose between competing sellers of adjustable standing desk units. At issue were several patents relating to standing desk designs. Litigation support by Finity Engineering involved technical analysis of the patents and the accused products, and the formation of opinions related to infringement and validity.

CERTAIN SURFACE CLEANING DEVICES AND COMPONENTS THEREOF
A global manufacturer of hand-held vacuum cleaners filed a complaint before the ITC alleging that a competitor’s devices infringed several U.S. patents relating to surface cleaning technology. Finity Engineering supported the matter through expert technical analysis, including detailed inspections and disassembly of representative products, and preparation of infringement, validity, and domestic industry products.

MOTORBOAT CAPSIZE WRONGFUL DEATH
A wrongful death action arose from an incident in which a motorboat carrying multiple passengers capsized, resulting in the drowning of one passenger. At issue was whether a nearby barge caused the motorboat to capsize. Finity Engineering provided technical analysis of the motorboat operations, warnings, and incident dynamics. 

AUGER INJURY AT DAIRY
A dairy worker sustained catastrophic injuries after stepping onto an exposed auger that was part of automated cattle feeding system. The plaintiff alleged that the system – designed, manufactured, and installed by the defendant – was defectively designed, allowing a protective guard to become dislodged, and creating an unreasonably dangerous condition. Finity Engineering provided litigation support through expert analysis of the design and safety characteristics.

ROBOTIC WELDING SYSTEM DISPUTE
A manufacturer of industrial steam-generation equipment contracted with an integrator to design and fabricate a robotic laser welding system for cladding sections of steel pipe. The plaintiff alleged that the integrator failed to deliver a functioning system. Finity Engineering provided litigation support through expert analysis of the system’s functional requirements, the automation architecture, and the engineering design and build process.

HIP REPLACEMENT MALPRACTICE
A patient brought a medical negligence action alleging that a hip replacement resulted in persistent pain and leg-length discrepancy. Finity Engineering supported the case with 3D medical imaging and modeling expertise. 

DENTAL AMALGAM SEPARATOR PATENT DISPUTE
A manufacturer of containers used for dental amalgam separation filed a patent suit against a competitor. The containers are used to remove mercury from dental wastewater. The plaintiff alleged that a competitor sold a generic replacement container that infringed the patented container. Finity Engineering supported the matter through detailed technical analysis of the claims and accused products.


PORTAL CRANE MAINTENANCE INJURY

A crane technician performing services on a large gantry crane sustained crushing injuries when the crane began moving unexpectedly. Finity Engineering performed an analysis of the conditions that could cause such motion to occur. Analytical results were consistent with measured survey results. Relevant crane attributes were compared to industry standards.

CERTAIN STORAGE CONTAINERS AND TOOLBOXES

A leading manufacturer of commercial and consumer-grade toolboxes asserted several patents in the ITC against a competitor. The dispute centered around structural aspects of toolboxes that enable individual toolbox modules to be detachably stacked upon one another. Finity Engineering supported the case with product inspections, reports, and deposition and trial testimony.

 

ELECTRONIC CIGARETTE

Juul Labs asserted several patents in the ITC relating to consumer electronic cigarettes against competitor, NJOY. The scope of the patents included specific structural, material, and functional aspects of the products. A Finity Engineering expert in electromechanical and vaper control technology supported the case, providing opinions on infringement, validity, and domestic industry.

AUTONOMOUS QUADRUPED ROBOTS

Finity Engineering experts in dynamic systems, automation, legged robots, and mechatronics served as expert witnesses in a patent dispute involving autonomous quadruped robots, and several asserted patents. Adjudication in District court and the PTAB resulted in a settlement between the parties.

ALLEGED RADIO REMOTE CONTROL MALFUNCTION

A manufacturer of industrial radio remote controls was sued in a products liability case where an individual was injured by a crane controlled by one of the manufacturer’s devices. A Finity Engineering expert in both radio remote controls and industrial cranes performed an on-site inspection of the crane, radio transmitter, and receiver unit to inform opinions about causation of the incident and the degree to which the equipment installation complied with industry standards.

DEFECTIVE PALLETIZING SYSTEM

A multi-million-dollar automated palletizing system used for palletizing food product was the subject of a contract dispute. The purchaser alleged that the system was defective, unable to meet specific functional requirements. Litigation support included identifying contractual functional requirements and assessing the degree to which the system fulfilled those requirements using black-box data and surveillance video. Support also included describing the criticality of certain commissioning tasks, and the impact of these tasks on production.  

 

PALLETIZING SYSTEM FATALITY

An individual was fatally injured while servicing an automated palletizing system. The palletizing system was subsequently the subject of a products liability lawsuit.  A Finity Engineering expert in industrial automation and safety analyzed the as-built design of the palletizer from the perspective of industrial safety standards to inform opinions about safety standard compliance. The activities of the technician prior to the incident were also evaluated in terms of standards compliance and industry best practice.

DEFECTIVE AUTOMATED CUBE-STORAGE SYSTEM

A multi-million-dollar automated cube storage system was the subject of a contract dispute. The purchaser alleged that the system was unable to meet critical throughput requirements and exhibited excessive downtime. Multiple Finity Engineering experts in automation, mechatronics, and software supported the case. Support included comparing functional requirements to actual performance and analyzing the as-installed system from a mechanical and software perspective.

CERTAIN WET/DRY CLEANING DEVICES

Bissell, a US-based manufacturer of wet/dry floor cleaning devices, asserted patents in the ITC against Tineco. The scope of the patents included specific mechanical design aspects, as well as features that facilitate self-cleaning. Litigation support activities included source code review; device testing and extensive use; rigorous review of the patents-at-issue, file histories, and prior art. Finity Engineering Experts provided opinions on infringement, validity, and domestic industry.

 

AUTOMATED SORTATION SYSTEM PATENT DISPUTE

Opex, a US-based manufacturer of automated put walls, asserted patents in the ITC against HC Robotics. At issue were questions pertaining to how delivery vehicles circulate throughout the sortation system. After detailed inspections, and rigorous reviews of the patents-at-issue, file histories, and prior art, Finity Engineering Experts provided opinions on infringement, validity, and domestic industry.

SOFTWARE ANALYSIS OF CRAWLER CRANE
A construction crane manufacturer sought to preclude importation of a competitor’s crane. At issue in the dispute was the behavior of the counterweights in response to commanded motion of the payload. An in-depth review of the software provided the needed insight to adjudicate the case.

 

CRANE TIP-OVER & CATASTROPHIC INJURY
A crawler crane tipped over while engaging in a tandem lift, resulting in the counterweights of the crane falling onto the operator cab. This caused severe injuries to the operator. Engineering analyses were conducted to determine the susceptibility of the crane to tipping over during the tandem lift, whether or not there were defects in the counterweight restraint design, the duration of the tip-over sequence, and whether or not the operator was presented with adequate warnings about the falling counterweight hazard.

 

GANTRY CRANE BRAKE FAILURE
A gantry crane operating at a shipping port subjected the operator to a rapid and unexpected stopping motion when the emergency brakes improperly actuated, thereby causing an injury. A review of the maintenance and incident history logs, together with the operation and maintenance manuals, operator’s pre-operational check list, and deposition transcripts of maintenance personal was conducted to determine if the brakes presented an unreasonably dangerous hazard to the operator.

 

SENSOR ANALYSIS OF ATM MACHINES
Manufacturers of ATM machines litigated a patent at the ITC. At issue was whether or not certain ATMs processed checks using specific types of sensors. Results from software reviews, together with physical machine testing, were used to inform opinions about infringement.

 

ALLEGED HOVERBOARD PATENT INFRINGEMENT

A manufacturer of hoverboards was accused of infringing multiple Segway patents. Detailed engineering analyses of both the accused products and domestic industry products were conducted to inform opinions. Analyses included machine vision-based 3D motion tracking experiments, as well as disassembly of the accused products in order to inspect certain components at issue.

 

MACHINE VISION ALGORITHM FOR CHECK PROCESSING

The patent of an ATM manufacturer was subjected to an IPR at the PTAB. At issue were claims relating to a check image processing algorithm, and whether or not these claims were obvious in light of selected prior art. An element-by-element comparison between the claims-at-issue and the prior art was conducted to form opinions.

 

OFF-ROAD SEGWAY INCIDENT & CATASTROPHIC INJURY

A falling incident involving an off-road Segway personal transporter resulted in catastrophic injury to the rider. Litigation support for this case involved inspection of the Segway source code, with specific attention to the traction control algorithm and other algorithms related to balance and traction, an extensive analysis of the dynamics of wheel-slip, and a dynamic analysis of balance control. Results from these analyses provided a basis for opinions of what factors were causal to the incident.

 

ON-ROAD SEGWAY TOUR RESULTS IN SEVERE INJURY TO RIDER

A falling incident, which occurred in rainy conditions, involving an on-road Segway personal transporter resulted in severe injury to the rider. Litigation support included a survey of the incident site to document proximal slopes, dimensions, and surface material that may have increased the propensity for wheel-slip.

 

ON-ROAD SEGWAY TIP-OVER RESULTS IN SEVERE INJURY TO RIDER

A patron of a Segway entertainment company was riding the device around a paved Segway-specific track when, while turning, the rider was thrown from the device, sustaining severe injuries. A warning analysis, together with a hazard analysis, informed opinions about contributing causal factors of the incident. Aspects of the device, such as its motor power control algorithm, wheel-slip dynamics, traction control algorithm, turning dynamics, and balancing control algorithm were considered.

 

PAVING MACHINE PATENT CHALLENGED IN THE PTAB

Certain claims of a paving machine patent were challenged in the PTAB as being obvious in light of specific prior art. An element-by-element analysis was conducted comparing the challenged claims to the prior art. Additionally, an analysis of the specification was conducted to determine whether or not certain proposed alternate claims would be supported by adequate written description.

 

OFF-ROAD SEGWAY TOUR & SEVERE INJURY

An individual engaged in an off-road Segway tour was severely injured when the device, while ascending a hill on a gravel road, fell over. An assessment of the operator training provided by the tour company was conducted and compared to the training recommended by Segway. Additionally, a hazard analysis was conducted. These analyses informed opinions about causal factors.

 

DEFECTIVE WAREHOUSE AUTOMATION

A multi-million-dollar warehouse automation system was the subject of a contract dispute. The purchaser alleged that the system was defective, unable to execute the most basic and fundamental functions. Litigation support included documentation of the system’s functional requirements as set forth in the contractual documents, and then developing and overseeing testing for evaluating against these requirements. Litigation support also included examining the testing processes of the supplier, and comparing these to relevant industry standards.

 

AUTOMATED COW MILKING MACHINE – CLASS ACTION SUIT

A class-action lawsuit was litigated against DeLaval - a manufacturer of a robotic automated cow milking machine. Litigation support included an analysis of the system’s functional requirements, and aspects of the system that inhibited the machine from fulfilling those requirements. A statistical analysis was conducted to calculate the probabilities of critical functions being successfully completed by the robot. The case was settled for $55 million.

 

SEGWAY FATALITY

A rider was fatally thrown from a Segway while operating the device on a pier in fair weather. Litigation support included inspection and testing of the incident device to determine whether or not it was in good operating condition and whether it was maintained properly; dynamic analyses to determine stability margins; and accident reconstruction.

 

ROBOTIC VACUUM PATENT INFRINGEMENT

iRobot, a manufacturer of robotic vacuum cleaners asserted several patents against SharkNinja in the ITC. Finity Engineering experts opined on invalidity, non-infringement, domestic industry, and secondary considerations of non-obviousness. Opinions were based, in part, on experiments that were conducted with the accused products, domestic industry products, and prior art products. At issue were claims related to user-facilitated map-generation.

CRANE TIP-OVER FATALITY

While in use for assembling a wind-turbine, a mobile boom crane tipped over. The tip-over event resulted in the counterweights dislodging from the crane base, then striking the operator cab. The operator was fatally injured. Litigation support for this case involved analyzing the data logs of the crane to determine critical states of the crane in the moments preceding and following the incident.

 

BABY SOOTHER PATENT DISPUTE

A patent holder asserted two patents on baby soother devices against a national manufacturer of juvenile products. A Finity Engineer associate provided expert witness services for the case, which included product inspection, and resulted in opinions related to infringement and invalidity.

 

RECREATIONAL VEHICLE ACCIDENT & PASSENGER INJURY

A passenger riding in a side-by-side recreational vehicle suffered significant lower body injuries that required numerous surgeries after the vehicle ran into a tree. A Finity Engineering expert specializing in interior design of automobiles served as an expert witness for the case, opining on the design of the vehicle’s interior as it relates to safety for tall passengers.

 

SINGLE-WHEEL PERSONAL TRANSPORTER PATENT DISPUTE

A patent owner asserted a patent against a manufacturer of single-wheeled personal transporters. Issues of dynamic balance control, enablement, obviousness, and non-infringement were opined upon by a Finity Engineering associate.

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