Highlight Image
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)

Alessandra Carcaterra Messing Associate
New York, NY 1.212.908.6366

Overview

Alessandra Carcaterra Messing focuses her practice on patent infringement proceedings in the federal district courts and before the International Trade Commission, as well as trademark disputes and transactions. She has successfully represented diverse clients in a wide range of industries including mechanical and consumer products, smartphone software, networking, manufacturing, automotive parts, apparel, and pharmaceuticals.

Ms. Carcaterra has also taken an active role in the analysis of economic issues including damages calculations in district court litigations and the economic prong of the ITC’s domestic industry requirement.  

While pursuing her undergraduate degree, Ms. Carcaterra gained industry experience as a quality control analyst at Massachusetts Biologics Laboratory.  Her technical experience translates to clients in the medical, pharmaceutical, cosmetic, food and beverage, and chemical industries.

Prior to joining Kenyon, Ms. Carcaterra was an intern in the Narcotics Bureau of the Bronx District Attorney's office. 

While in law school, Ms. Carcaterra was a legal intern for the Samuelson-Glushko Intellectual Property and Information Law Clinic.  Her responsibilities included advising clients regarding the IP aspects of their business plans, performing trademark and copyright clearances, and drafting work-for-hire and assignment agreements.

Events

Credentials

Education

  • Fordham University School of Law, J.D., 2011, Journal of Corporate and Financial Law
  • Northeastern University, Biochemistry, minor in Psychology, B.S., magna cum laude, 2008, Dean's List, Dean's Academic Scholarship

Bar and Court Admissions

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

Professional Organizations

  • New York Intellectual Property Law Association
  • Puerto Rican Bar Association
  • Hispanic National Bar Association