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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)

Ivy E. E. Hayes, Ph.D. Patent Agent
New York, NY 1.212.908.6046

Overview

Ivy Hayes, a registered patent agent, joined Kenyon & Kenyon in 2007.  Dr. Hayes’s practice is focused on patent prosecution in the chemical and pharmaceutical arts. 

Dr. Hayes has a Ph.D. in organic chemistry from York University, an M.Sc. in organic chemistry from the University of Windsor, and a B.Sc. (Honors) in Pharmacology and Physiology from the University of Western Ontario.  Dr. Hayes’s Ph.D. research centered on the synthesis of nucleoside analogs, which are effective anticancer and antiviral agents, specifically, HIV inhibitors used in the treatment of AIDS.  The key step involved the photochemical ring expansion of the cyclobutanone and reaction of the intermediate oxacarbene with nitrogen acids.  Her thesis was entitled Photochemical Ring Expansions and Synthetic Approaches to Substituted Cyclobutanones.  Dr. Hayes’s M.Sc. research involved the synthesis of 3-carboxylated alkyl-substituted 2,5-dihydrothiophene-1,1-dioxides and thermolysis to give 1,3-dienes in a stereoselective fashion.  Her thesis was entitled Stereoselectivity in the Formation of 3-Carboxylated 2,5-Dihydrothiophenes.  She has published papers in Structural Chemistry and the Canadian Journal of Chemistry.

In addition to her graduate studies in synthetic organic chemistry, Dr. Hayes has worked as an R&D flavor chemist, and has taught undergraduate and high school chemistry. 

Credentials

Education

  • York University, Organic Chemistry, Ph.D., 1992
  • University of Windsor, Organic Chemistry, M.Sc., 1985
  • University of Western Ontario, Pharmacology and Physiology, B.Sc. (Honors), 1977

Bar and Court Admissions

  • Registered Patent Agent: U.S. Patent and Trademark Office