Scale Model Define Patent Infringement Courtroom Case
“Working with Archetype 3d was a fantastic experience in developing a court room model for trial. There ability to understand the complexity we needed to make simple and communicate during trial was illustrated in the care they took to build a 3d scale model that matched our exact requirements. They did the job in short order, delivered on time and gave us easy to understand instructions for assembling them once they arrived. We at Dickstein Shapiro are so impressed with our experience, whenever and whever we need a 3d scale model we will look to them first.”
–Bryan DeMatteo, Patent Attorney, Dickstein Shapiro LLP
The Scale Model Makers Challenge
The Scale Models graphically illustrate the differences in design & function! Both Models are tested for ease of assembly in the shop before our clients receive them!
When a model is used in the courtroom it is called “demonstrative evidence”–evidence that demonstrates a point. In the case of McKesson Automation v Swisslog Holding, the point was about possible patent infringement. This case centered around two versions of a robot delivery system for medications at a hospital. The challenge was to build the models based on simplistic sketches shown in the patents themselves.
Case Technicalities and Formulating a Legal Scale Model Solution
Both scale models are packed in foam with easy to assemble step-by-step instructions!
The lawyers challenge was to demonstrate the differences and function between their clients rotar band pill picker system and the plaintiff’s patent. Writing this down, I start to realize how difficult it is to explain these very straightforward concepts with words. I worked to formulate an approached based on our client’s illustrations and arguments about how they would present them during trial. Essentially we had to show the functional system differences in the models we built to our client’s specification.
Our Client Won Courtroom Battle
Our team works to finish the crates for delivery to meet the clients courtroom date–tomorrow!
In a courtroom setting, a model sits in front of the jury long after arguments are made with illustrated graphics, photos and videos. This is a perfect example of “good models don’t lie,” instead they instantly and simply tell the story as it exists. Our client’s side won the case, and indicated the physical three dimension “3d” scale models we built were a pivotal tool in proving their client’s arguments.