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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)

K. Patrick Herman Partner
New York, NY 1.212.908.6450

Overview

Patrick Herman’s practice focuses on complex patent and other intellectual property litigation. He has had extensive experience representing both plaintiffs and defendants, and has been involved in all phases of litigation, from developing initial strategy through appeal. Mr. Herman has appeared in cases before a variety of different federal district courts, the U.S. Court of Appeals for the Federal Circuit, and the International Trade Commission. Applying his engineering background, he has represented clients in a range of industries, including the medical device, pharmaceutical, petrochemical, automotive, consumer electronics, and children’s toy industries. 

Mr. Herman’s practice also extends to pre-litigation counseling, including rendering opinions relating to patentability, infringement, validity, and freedom-to-operate issues.

Representative Experience

  • Toyota in multiple ongoing cases originally involving 24 patents and various vehicle-related technologies.  All of the remaining cases are currently stayed pending resolution of several inter partes review petitions filed by Toyota, all of which were instituted by the Patent Trial and Appeal Board. American Vehicular Sciences v. Toyota (E.D. Mich.)
  • 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. In the Matter of Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof (ITC)
  • Delphi in patent litigation resulting in granted summary judgment of invalidity of four separate patents in favor of client. Automotive Technologies International v. Delphi et al. (E.D. Mich.)
  • Boston Scientific Corporation in an action against Cordis and Johnson & Johnson concerning drug-eluting stents, resulting in a grant of summary judgment of invalidity under 35 U.S.C. § 112. Boston Scientific Corp. and Boston Scientific Scimed v. Johnson & Johnson and Cordis Corp. (D. Del.)
  • Infineum USA in the assertion of its patent on petroleum additives against Afton Chemical Company.  Infineum Int’l Ltd. & Infineum USA v. Afton Chem. (D. Del.)
  • Fisher-Price and Mattel in a patent litigation trial that resulted in the court finding that Kenyon client's did not infringe LeapFrog's patent, and that the patent was invalid. The ruling was affirmed on appeal. LeapFrog Enterprises v. Fisher-Price et al. (D. Del., Fed. Cir.)

Experience

  • Toyota in multiple ongoing cases originally involving 24 patents and various vehicle-related technologies.  All of the remaining cases are currently stayed pending resolution of several inter partes review petitions filed by Toyota, all of which were instituted by the Patent Trial and Appeal Board.American Vehicular Sciences v. Toyota (E.D. Mich.)
  • 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. In the Matter of Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof (ITC)
  • Infineum USA in the assertion of its patent on petroleum additives against Afton Chemical Company.  Infineum Int’l Ltd. & Infineum USA v. Afton Chem. (D. Del.)
  • Automotive Technologies International, Inc. v. Delphi Corporation, et al. Read More
  • Boston Scientific Corp. and Boston Scientific Scimed v. Johnson & Johnson and Cordis Corp. Read More
  • Leapfrog Enterprises v. Fisher-Price, Inc. Read More
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Credentials

Education

  • University of Virginia, J.D., 2004, Virginia Law Review, Order of the Coif
  • Columbia University, Chemical Engineering, B.S., summa cum laude, 2001

Bar and Court Admissions

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