Ronald Kemnitzer is an accomplished industrial designer/educator with extensive patent litigation experience. He is well-known in national and international design circles having served as President and Chairman of the Board of the 3,000+ member Industrial Designers Society of America and was made a fellow (FIDSA) of that organization. After a distinguished career as a design educator he is retired from Virginia Tech University as Professor Emeritus of Design. With over forty years experience as a practicing industrial designer and simultaneous engagement as a professor of industrial design, he approaches each litigation engagement with hands-on experience in an extensive range of product categories. Experience expert witness service for over 40 cases including research, litigation strategies, report writing and testimony. Currently offering consultation services only. Well versed in design trends, manufacturing methods and human factors and behavior, he provides expert case consultation that is informed, understandable and persuasive.

 

 

Ronald Kemnitzer, FIDSA

EXPERT WITNESS CONSULTANT:

DESIGN PATENT LITIGATION

Informing expert witness consultation with forty+ years of product design experience.

 

Email:

rkemnitz@vt.edu

 

Address:

Roanoke, VA 24018

 
EDUCATION
2008

Expert Witness

INDUSTRIAL DESIGNERS SOCIETY OF AMERICA (IDSA)

Awarded Certificate of Completion Expert Witness Training.

1972-1973

Master's Degree

1971-1972

MBA Program

NORTHERN ILLINOIS UNIVERSITY

Completed Master of Arts Degree in Design with a multiple emphasis in product, graphic, and interior design. Dean's List. Graduation with Honors.

LOYOLA COLLEGE

Completed first year of employer-sponsored program in Business Administration.

1962-1967

Bachelor's Degree

UNIVERSITY OF CINCINNATI

Completed five-year Bachelor of Science degree in Industrial Design. Dean's List.

2008

Expert Witness

INDUSTRIAL DESIGNERS SOCIETY OF AMERICA (IDSA)

Awarded Certificate of Completion Expert Witness Training.

1972-1973

Master's Degree

1971-1972

MBA Program

NORTHERN ILLINOIS UNIVERSITY

Completed Master of Arts Degree in Design with a multiple emphasis in product, graphic, and interior design. Dean's List. Graduation with Honors.

LOYOLA COLLEGE

Completed first year of employer-sponsored program in Business Administration.

1962-1967

Bachelor's Degree

UNIVERSITY OF CINCINNATI

Completed five-year Bachelor of Science degree in Industrial Design. Dean's List.

 
DESIGN EXPERIENCE
2001-2012

DESIGN MANAGEMENT CENTER VILLA TOSCA

President of US affiliate office of Design Management Center Villa Tosca, based in Milan, Italy. A consulting organization dedicated to the identification of consumer preference trends and design methodologies for a changing world.

1985-2003

President

KEMNITZER DESIGN, INC.

A fourteen-person design consulting firm engaged in product design, graphic design, packaging design, environmental design, and retail display merchandising. Work involved extensive categories including, consumer, healthcare, automotive, electronic, optical, contract furniture products. Firm received numerous national and international design awards.

1981-1985

Vice-President

MIDWEST DESIGN, INC.

A two-person consulting firm engaged in consumer product design, retail package design, exhibition design and color development.

1970-1972

Senior Designer

SUNBEAM APPLIANCE COMPANY

Primary responsibility in consumer product design, package design, and graphic design.

1968-1970

Staff Designer

BLACK & DECKER MANUFACTURING CO.

Primary responsibility in design of power tools, lawn care equipment, package design, and graphic design.

1967-1968

Staff Designer

PENTES DESIGN

Staff designer with responsibility in package design, graphic design, exhibition design, interior design, and audio-visual production.

LITIGATION EXPERIENCE
 

With over thirty expert witness engagements over the past five years, I have offered written and oral testimony on the following issues:

  • Design Patent Infringement and Non-Infringement

  • Design Patent Invalidity

  • Utility Patent Infringement and Non-Infringement

  • Utility Patent Invalidity

  • Markman Hearing Declarations

  • Inter-Partes Reviews

  • USPTO Re-Examinations

  • International Trade Commission Investigations

  • Trade Dress Infringement and Non-Infringement

  • Trademark Infringement and Non-Infringement

I am currently offering written consultation only with no oral testimony.

 

For a complete CV including litigation experience, please contact me at rkemnitz@vt.edu

TESTIMONY EXAMPLES
 
Ethicon Endo-Surgery, Inc. v Covidien Inc.

Ethicon Endo-Surgery alledged that Covidien (my client) infringe four of their design patents for endoscopic surgical instruments.. I wrote separate reports that argued that the patents were invalid due to indefiniteness and functionality and an additional report that argued non-infringement of the patents by Covidien's accused product. My reports were informed by figure-by-figure visual comparisons and enriched by the narrative of the prosecution histories of the patents, depositions of the inventors of the patents, and a thorough review of the prior art. I was deposed by Plaintiff's consul. The United States District Court of the Southern District of Ohio  issued a summary judgement ruling that the patents were invalid and that even were they found to be valid on appeal,Defendant's accused product did not infringe.

On appeal, the court reversed the finding of invalidity but upheld the finding of non-infringement.

Centria v ATAS International

A design patent for metal building panels owned by Centria (my client) was submitted to an Inter Partes Review by the US Patent and Trademark Office by Defendant ATAS International. Defendant alleged that the patent at issue was invalid based on obviousness compared to prior art. I assisted Plaintiff's consul in the writing of a declaration focusing on the fact that Plaintiff's panel created an unsymmetrical overall visual pattern of raised and lowered surfaces as compared to an overall symmetrical visual pattern created by all of the prior art examples offered by Defendant. The USPTO ruled in favor of my client by affirming the validity of the patent.

Lisa Duer v Eli Lilly and Company

Defendant Ele Lilly and Company was accused of infringing a utility patent for a solid oral medication dispenser owned by Plaintiff and inventor Lisa Duer (my client). I provided a declaration in support of Plaintiff's claim construction and a report on infringement of the patent by Defendant's accused product. I was deposed by Defendant's consul. The case was settle prior to trial.

Ethicon Endo-Surgery, Inc. v Covidien Inc.

Ethicon Endo-Surgery alledged that Covidien (my client) infringe four of their design patents for endoscopic surgical instruments.. I wrote separate reports that argued that the patents were invalid due to indefiniteness and functionality and an additional report that argued non-infringement of the patents by Covidien's accused product. My reports were informed by figure-by-figure visual comparisons and enriched by the narrative of the prosecution histories of the patents, depositions of the inventors of the patents, and a thorough review of the prior art. I was deposed by Plaintiff's consul. The United States District Court of the Southern District of Ohio  issued a summary judgement ruling that the patents were invalid and that even were they found to be valid on appeal,Defendant's accused product did not infringe.

On appeal, the court reversed the finding of invalidity but upheld the finding of non-infringement.

Centria v ATAS International

A design patent for metal building panels owned by Centria (my client) was submitted to an Inter Partes Review by the US Patent and Trademark Office by Defendant ATAS International. Defendant alleged that the patent at issue was invalid based on obviousness compared to prior art. I assisted Plaintiff's consul in the writing of a declaration focusing on the fact that Plaintiff's panel created an unsymmetrical overall visual pattern of raised and lowered surfaces as compared to an overall symmetrical visual pattern created by all of the prior art examples offered by Defendant. The USPTO ruled in favor of my client by affirming the validity of the patent.

Lisa Duer v Eli Lilly and Company

Defendant Ele Lilly and Company was accused of infringing a utility patent for a solid oral medication dispenser owned by Plaintiff and inventor Lisa Duer (my client). I provided a declaration in support of Plaintiff's claim construction and a report on infringement of the patent by Defendant's accused product. I was deposed by Defendant's consul. The case was settle prior to trial.

Lenard Toys Ltd. v Toys"R"Usand JA-RU, Inc.

Plaintiff Lenard Toys Ltd. accused Defendant Toys"R"Us and JA_RU Inc. (my clients) of infringing their design patent, Copyright, Trade Dress, and unfair competition for a toy chalk holder/drawing device. Defendants responded with counterclaims seeking declaratory judgment as to the invalidity, unenforceability, and non-infringement of Lanard’s copyright, patent and trade dress, as well as the lack of any unfair competition. Extensive research of prior art revealed several examples not previously considered that enhanced the validity of Plaintiff's patent.I provided a report on validity of the patent and a report on infringement of the patent and Trade Dress. The United States District Court Middle District of Florida Jacksonville Division issued a Summary Judgement in favor of Defendent's motion for the invalidity, unenforceability, and non-infringement of Lanard’s copyright, patent and trade dress

 

© 2019 Ronald Kemnitzer