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Providing Vaporization Technology Expertise for ITC Patent Investigations

The right expert witness can be the difference between defending innovation and losing market ground. IMS Legal Strategies empowers attorneys to overcome that obstacle by rapidly identifying and securing qualified technical experts for intellectual property disputes. Our work on this case exemplifies IMS’s ability to deliver for clients in ITC patent investigations.

The Case Challenge

A top-tier legal team represented a major technology manufacturer in a case alleging patent infringement involving next-generation e-cigarette vaporizers, or “vapes.” The matter required highly specialized expertise in electrical engineering, materials science, and product design—paired with prior experience in patent litigation and testifying before the US International Trade Commission (ITC).

The specialized technology expert witness services team at IMS was tasked with identifying a credible expert who could provide strong technical and litigation support for the complainant’s position.

The Expert Solution

Leveraging our targeted outreach strategy and proprietary AI tools, we identified and secured the participation of a PhD-level technical expert with the ideal engineering background and litigation experience. After a successful interview and vetting process, the expert was retained to support the case.

Following this expert witness engagement, the same legal team was involved in a retaliatory ITC investigation concerning the same vaporization technology, this time representing the opposing side of the dispute. IMS was re-engaged to find experts for this second matter, under significant constraints that included an extensive list of experts not to contact.

Despite these limitations, we rapidly located seven qualified candidates and contacted them the same day the request was received. Within 24 hours, three vetted experts were presented to counsel, all of whom were subsequently retained. In total, six candidates were presented and five were interviewed—demonstrating both the speed and precision of our expert witness search process.

The Outcome

The client prevailed in both ITC investigations. In the first matter, the client’s patents were ruled valid and infringed, resulting in multiple cease and desist and exclusion orders against the opposing parties. In the second case, the client’s products were found not to infringe any asserted patents, and no remedies were issued.

These outcomes underscore the importance of selecting technically sound and strategically aligned experts who can withstand scrutiny in complex IP litigation.

Experienced Technology Expert Witnesses for Patent Disputes

Across all technical specialties, IMS Legal Strategies provides law firms and corporate legal teams with immediate access to top-tier expert witnesses for ITC, PTAB, and federal court proceedings. Our technology expert witness team utilizes an expansive network and AI-enhanced search processes to help our team pinpoint candidates with precise technical expertise, proven testifying experience, and the communication skills necessary to make a powerful impact.

Whether you need to move quickly to secure the right expert for a hearing or strategically prepare for a multi-party patent infringement battle, IMS ensures your team is equipped to respond with speed, accuracy, and confidence.