Kenyon & Kenyon LLP successfully represented Toyota Motor Corp. in a long term patent litigation against American Vehicular Sciences (AVS). Originally brought by AVS in the Eastern District of Texas, the matter asserted 24 patents across seven separate cases – accusing essentially every major Toyota vehicular safety system. In the three years since the original filing, the Kenyon team filed 12 separate petitions for inter partes review (IPR) and won a stay in the E.D. Tex. pending resolution of the IPRs. The Patent Trial and Appeal Board granted each of the IPRs, and significant claims were cancelled or dropped. Additionally, the Kenyon team successfully petitioned the Federal Circuit for a writ of mandamus and the case was transferred from the E.D. Tex. to the Eastern District of Michigan, and filed various invalidity summary judgment papers, causing the plaintiff to drop a number of other asserted patents. In May of 2015, the E.D. Mich. granted the plaintiff’s unopposed motions to dismiss with prejudice all of the remaining cases against Toyota. (2015)
Kenyon & Kenyon Elects Edward Colbert as New Managing Partner
Kenyon is the High Tech Industry Reception Sponsor at the upcoming LES 2015 Annual Meeting. The reception will take place on Monday, October 26 at Hudson Terrace at 6:30 pm. If interested in attending, please contact LMusak@kenyon.com.
Antony Pfeffer, partner in our New York office, will speak at the LES 2015 Annual Meeting on the topic "Post-Grant Proceedings as the New Frontline: Impacts and Future Trends of Legislation and Case Law on Licensing and Innovation" on Tuesday, October 27, 2015 from 2:00 - 3:15 pm.
Description: To date, more than 1000 petitions for Post-Grant proceedings have been filed, mostly by defendants in co-pending patent infringement actions, until recently. There are now organizations tied to private funds seeking to invalidate patents covering pharmaceutical products, urging the Patent Trial and Appeal Board to invalidate patents on FDA approved drugs. This panel will address current trends in Post-Grant Review and case law related to the same. As well as how corporations as well as universities are responding to these proceedings and changes.
For more information, click here.
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