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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)

Corey J. Betker Associate
New York, NY 1.212.908.6025

Overview

Corey James Betker focuses his practice on intellectual property disputes and transactions, patent procurement, and patent office proceedings before the Patent Trial and Appeal Board. 

Mr. Betker handles intellectual property litigation matters from pre-filing due diligence through the appeals process.  He has experience litigating before federal district courts, the International Trade Commission, and in reexamination and review proceedings before the Patent Office.  He has experience in a broad spectrum of technologies including standard essential technologies, semiconductors, wireless communications, and computer hardware and software.

In addition to his litigation and patent office proceedings, Mr. Betker’s practice includes transactional matters, including the IP aspects of mergers and acquisitions, licensing, and supply agreements. 

He previously served as a physics researcher at the University of Texas, where he researched the desorption of gases off metal surfaces.

Credentials

Education

  • Washington University School of Law, J.D., 2010, American Jurisprudence Review, Intellectual Property Law Society, dean’s list, CALI Award/Highest Grade Award in “Regulating Drugs and Other Medical Technologies,” 2009-10 Public Service Project participant with high distinction
  • University of Notre Dame, Philosophy, B.A., 2007
  • University of Notre Dame, Physics, B.S., 2007, Member of Sigma Pi Sigma (Physics Honor Society), Amnesty International, Notre Dame Boxing Club, writer for Mindset Magazine

Bar and Court Admissions

  • New York
  • U.S. Court of Appeals for the Federal Circuit