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Kenyon Successfully Represents Toyota in Years-Long Patent Litigation

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)

Jonathan D. Reichman Partner
New York, NY 1.212.908.6256

Overview

Jonathan Reichman has over 30 years’ experience in litigation, licensing and counseling matters in copyright, trademark, unfair competition and right of publicity law, particularly for clients in the entertainment industry. World Trademark Review 1000 recognizes him as a leader in trademark matters and notes that he has “specific expertise in protecting rights related to fictional characters.” (2015) He is ranked in New York by Chambers USA in the area of “Intellectual Property: Trademark & Copyright” (2014). In addition, Mr. Reichman has been recognized as a leading intellectual property lawyer by New York Super Lawyers (2013). He is also recognized in the area of copyright law by The Legal 500 United States (2014) and U.S. News – Best Lawyers (2015).

A major aspect of Mr. Reichman’s practice involves the protection, defense, enforcement, licensing and exploitation of rights vested in fictional characters. He has handled complex issues concerning such characters and properties as Spider-Man, X-Men, Superman, Batman, Barbie, Babar the Elephant, Teenage Mutant Ninja Turtles, Teletubbies, The Berenstein Bears, Inspector Gadget, Franklin The Turtle, Raggedy Ann and Andy, Mr. Bill, and The Woodstock Festivals.

Mr. Reichman also represents the estates of well-known entertainers, authors and artists. He has handled copyright, right of publicity, and trademark matters for such estates as Joseph Campbell, Mary McCarthy, Diane Arbus, Richard Avedon, Rube Goldberg, W.C. Fields, and Abbott & Costello.

In 2014, he served as an advisor to the New Jersey State Senate in connection with Senate Bill No. S2212 (“The Commercial Identity Protect Act”).

Mr. Reichman is a member of the Advisory Board of Bloomberg BNA's Patent, Trademark and Copyright Journal and The Licensing Journal. He has written on copyright, trademark and publicity law topics, and lectured for such organizations as The National Academy of Television Arts and Sciences, Columbia University School of Law, Columbia University School of Fine Arts, The New School for Social Research, Volunteer Lawyers for the Arts, and the Institute for International Research. He has taught entertainment licensing as an adjunct professor at New York Law School, and been interviewed by such prominent media outlets as The New York Times, Dateline NBC, and New York Newsday. He has been a regular commentator on copyright and trademark law topics for the NPR radio program Soundcheck.

Select Publications

  • “Right of Publicity 2015,” Getting the Deal Through, October, 2014 (addresses critical issues in publicity rights around the world).
  • “Inside the Arguments in ‘Raging Bull’ Copyright Case,” Law360, January 23, 2014.

Experience

  • American Casino and Entertainment Properties, LLC v. Modern Housing, LLC Read More
  • Summit Entertainment, LLC v. EPV Enterprises LLC Read More
  • Mattel v. PIR Holding SP Read More
  • Ballet Tech Foundation, Inc. v. The Joyce Theater Foundation, Inc. Read More
  • ITC Ltd. and ITC Hotels Ltd. v. Punchgini Inc. et al. Read More
  • Pilot Corp of Amer v. Fisher-Price Inc, et al. Read More
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Insights and News

Events

Credentials

Education

  • Stanford Law School, J.D., 1980
  • Haverford College, Political Science, B.A., magna cum laude, 1977, Phi Beta Kappa

Bar and Court Admissions

  • New York
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Federal Circuit

Professional Organizations

  • Association of Media & Entertainment Counsel
  • Copyright Society of the U.S.A., member and former trustee
  • International Trademark Association
  • New York Intellectual Property Law Association
  • New York State Bar Association, Entertainment, Arts and Sports Law Committee

Languages

  • Yiddish