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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)

Matthew J. Faust Associate
New York, NY 1.212.908.6001

Overview

Matthew Faust has nearly a decade of experience with intellectual property matters with a specific focus on patent litigation in U.S. district courts and the International Trade Commission.

Mr. Faust has handled all phases of patent litigation, from pre-suit analysis to trial, for both patent owners and accused infringers for a wide range of technologies including consumer electronics, software, automotive systems, security systems, wireless communication protocols, digital-audio technology, DVD and Blu-ray technology, mobile devices, and fashion industry garment manufacturing technology.  He focuses on litigation strategy and management, with particular emphasis on an early identification and analysis of key technical and legal issues and management of complex multi-patent discovery matters.  He is also experienced with licensing issues and in counseling clients in the area of intellectual property protection and acquisition.

Mr. Faust has represented firm clients including Hewlett-Packard, Sony, Bosch, GAP, Bosch Security Systems, Barnes & Noble, BAE Systems, Olympus, Toyota, and Alcatel-Lucent, among others.  Prior to joining Kenyon, Mr. Faust spent nearly ten years working in the computer technology field as a programmer analyst, system architect, and technical project manager in the financial services and media industries. His technical work focused on database design, web-based software development, and functional and technical architecture for workflow systems.


Representative Matters
  • Hewlett-Packard Co. in an action concerning middleware software for business process monitoring; obtained favorable claim construction ruling in district court; successfully initiated co-pending IPR challenge of the asserted patents at the Patent Trial and Appeal Board; successfully moved in district court for summary judgment of invalidity of all asserted patents under 35 U.S.C. § 101.  YYZ LLC v. Hewlett-Packard Co. (D. Del.)
  • Robert Bosch LLC in an action concerning motion-sensors for automotive airbag systems; obtained transfer to Eastern District of Michigan; obtained favorable claim construction ruling that furthered favorable settlement.  Wacoh Company v. Robert Bosch LLC (W.D. Wisc., E.D. Mich.)
  • Bosch Security Systems Inc. in defense of its video analytics software and smart surveillance camera systems concerning patents related to video analytics software algorithms in complex Section 337 investigation.  In the Matter of Certain Video Analytics Software, Systems, Components Thereof, and Products Containing Same (ITC).
  • Sony Corporation in an action concerning video memory in consumer electronics devices; obtained transfer from Western District of Arkansas to Northern District of California; successfully moved, prior to incurring costs responding to extensive discovery requests, to have non-practicing entity plaintiff’s infringement contentions stricken as inadequate without leave to amend, resulting in a consideration-free stipulated dismissal of the case with prejudice.  Shared Memory Graphics, LLC v. Sony Corporation et al. (W.D. Ark., N.D. Cal.)
  • GAP Inc. in defense of its garments and products concerning patents related to laser-abrasion technology in complex Section 337 investigation.  In the Matter of Certain Laser Abraded Denim Garments (ITC).
  • BAE Security, Inc. in defense of its geospatial information management software concerning patents related to user-interface technology.   
  • Robert Bosch LLC in an action concerning software for anti-trap automotive safety systems and motors. UUSI, LLC d/b/a Nartron v. Robert Bosch LLC (E.D. Mich.)
  • Bosch Security Systems Inc. in an action concerning video analytics software for security applications; obtained dismissal for lack of subject matter jurisdiction allowing the case to proceed on the merits in District of Delaware via declaratory judgment action; obtained favorable settlement.  Criminal Activity Surveillance v. Bosch Security Systems Inc. LLC (E.D. Tex., D. Del.)

Credentials

Education

  • Seton Hall, J.D., magna cum laude, Order of the Coif, 2006, Seton Hall Law Review; Chancellor’s Scholar; American Bar Association/BNA Award for Excellence in the Study of Intellectual Property Law
  • Tulane University, Computer Science, B.S., 1997

Bar and Court Admissions

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