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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)

Elizabeth A. Gardner Partner
New York, NY 1.212.908.6237

Overview

Elizabeth Gardner handles a variety of patent-related matters including litigation, client counseling, the negotiation and drafting of technology transfer agreements, license agreements, joint development agreements, as well as the prosecution of patents before the United States Patent and Trademark Office. For over 20 years, she has focused her practice on all phases of litigation involving patented and trade secret protected technology. She has represented clients in a broad range of technology areas, including in the chemical, materials, pharmaceutical, electrical, medical products, and medical diagnostics industries. She has represented clients in numerous bench trials, jury trials, pre-trial proceedings in both Federal district courts, the International Trade Commission, and in appeals before the U.S. Court of Appeals for the Federal Circuit. She has also represented clients in patent office proceedings including inter partes reviews (IPR), reexaminations, and interferences.

In 2014, Ms. Gardner was recognized as a New York "IP Star" by Managing Intellectual Property.

Representative Experience

  • Representing Barnes & Noble in defending its NOOK eReader products from claims of patent infringement made by Microsoft in the ITC concerning various hardware and software patents.  
  • Representing The Heirs of Richard Ritchie, the formulator of Pepsi Cola, against Pepsico, Inc. concerning the heirs’ ownership of certain documents and intellectual property relating to Pepsi Cola.
  • Representing Boston Scientific Corporation in various matters, including an action brought against Cordis and Johnson & Johnson concerning drug-eluting stents, resulting in a jury verdict in the client’s favor.
  • Representing Sony Electronics in various matters, including an action brought by Soundview Technologies alleging infringement of its “V-chip” patent.  The Court granted summary judgment of non-infringement in the client’s favor.
  • Representing Institute Pasteur in a case brought by a purported omitted co-inventor seeking correction of inventorship on patents of Institute Pasteur relating to DNA combing.  After the Court granted certain motions for partial summary judgment in the client’s favor, the case was successfully settled.
  • Representing Savient Pharmaceuticals and Organon USA. in assertion of the clients’ oral contraceptive patent against defendant Duramed, resulting in a successful settlement.
  • Representing Infineum USA in the assertion of its patent on petroleum additives against Afton Chemical Company, resulting in a successful settlement.
  • Representing Blackstone Medical and Orthofix in defending the companies’ spinal fusion devices from claims of infringement brought by Medtronic, resulting in a successful settlement.
  • Representing GE Healthcare in various district court litigations and patent office proceedings related to ultrasound contrast agents.
  • Representing Princeton BioMeditech in various actions against Inverness Medical and Abbott involving patents in the field of immunoassay technology.

Experience

  • Barnes & Noble and Inventec in In the matter of Certain Handheld Electronic Computing Devices (ITC)
  • Medtronic v. Blackstone Medical, Inc. (D. Mass)
  • Infineum v. Afton Chemical Corp. (D. Del.)
  • Savient and Organon v. Duramed and Barr (D. N.J.)
  • Inverness v. Princeton BioMeditech Corporation (D. N.J.)
  • Abbott Labs v. Inverness and Princeton BioMeditech (D. Mass)
  • Sony Electronics v. Soundview (D. Conn)
  • Smiths Industries v. Vital Signs (N.D. Ill.)
  • Warner-Lambert Company, et al v. Purepac Pharmaceutical, et al. Read More
  • Boston Scientific Scimed v. Cordis Corporation Read More
  • Institut Pasteur v. Simon Read More
  • View All

Credentials

Education

  • University of Michigan, J.D., 1991
  • Columbia University, Metallurgy/Materials Science, M.S., 1988
  • Columbia University, Materials Science, B.S., 1986

Bar and Court Admissions

  • New York
  • 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
  • Registered Patent Attorney: U.S. Patent and Trademark Office

Professional Organizations

  • American Bar Association
  • Association of the Bar of the City of New York
  • New York Intellectual Property Law Association