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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)

John R. Hutchins Partner
Washington, DC 1.202.220.4217

Overview

John Hutchins handles a variety of patent-related matters, including litigation in federal district court and appeals before the U.S. Court of Appeals for the Federal Circuit, client counseling, license drafting and negotiations, patent prosecution and reexamination, and European opposition proceedings. His practice focuses on patent litigation on the trial and appellate level, and he has represented clients in diverse fields, such as consumer electronics, automotive components, medical devices, paper making processes and chemicals, inks, vaccines, pharmaceuticals, e-commerce, and toys and children's products. His clients include world-renowned companies such as Sony, Lenovo, Fisher Price, and Smiths Industries.

Mr. Hutchins has a technical background in solid-state electronic device fabrication. He worked as an Eastman Kodak Scholar for Eastman Kodak Company, where he gained experience in various packaging technologies for electronic circuitry.

Mr. Hutchins served as a law clerk to the Honorable Paul V. Gadola, U.S. District Judge for the Eastern District of Michigan. While attending Harvard Law School, he served as president of the Harvard Mediation Program, mediated disputes before state courts in Massachusetts, and taught mediation technique at the law school.

Mr. Hutchins has taught patent law at the Catholic University of America’s Columbus School of Law and intellectual property legal drafting at George Washington University Law School.

Representative Experience

  • Sony, as lead counsel, in a patent litigation that was successfully transferred from the Eastern District of Texas to the Northern District of California. The court entered a stipulated summary judgment of non-infringement following a favorable Markman decision, which was upheld on appeal at the Federal Circuit with a per curium decision. Optimum Power Solutions v. Sony Electronics (N.D. Cal., Fed. Cir.)
  • 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.)
  • Sony in patent litigation resulting in granted summary judgment of non-infringement in favor of client. The ruling, argued by Mr. Hutchins, was affirmed on an appeal. Intellectual Science and Technology v. Sony Electronics (E.D. Mich., Fed. Cir.)
  • Intervet in patent litigation resulting in granted summary judgment of non-infringement in favor of client. Intervet v. Merial et al. (D.C.D.C.)
  • GE Healthcare in a false advertising case concerning x-ray contrast agents. District court found in favor of GE Healthcare after trial on its false advertising counterclaim. Bracco Diagnostics v. Amersham Health (D.N.J.) 
  • Fisher Price; Dwayne "The Rock" Johnson and his charitable foundation in a copyright litigation resulting in dismissed copyright infringement claims against client. Ottis v. Fisher-Price et al. (D. Neb.)
  • 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.) 

Select Publications

  • “Federal Circuit Refines Standard for Analogous Art,” Law360, May 18, 2011.

Experience

  • Intervet in patent litigation resulting in granted summary judgment of non-infringement in favor of client. Intervet v. Merial et al. (D.C.D.C.)
  • GE Healthcare in a false advertising case concerning x-ray contrast agents. District court found in favor of GE Healthcare after trial on its false advertising counterclaim. Bracco Diagnostics v. Amersham Health (D.N.J.) 
  • Optimum Power Solutions LLC v. Apple Inc. et al. Read More
  • Automotive Technologies International, Inc. v. Delphi Corporation, et al. Read More
  • Intellectual Science & Technology, Inc. v. Sony Electronics Inc. et al Read More
  • Ottis v. Fisher-Price, et al. Read More
  • Leapfrog Enterprises v. Fisher-Price, Inc. Read More
  • View All

Credentials

Education

  • Harvard University, J.D., magna cum laude, 1995, managing editor, Harvard Journal of Law and Technology
  • University of Michigan, Electrical Engineering, B.S.E., summa cum laude, 1992, Eta Kappa Nu, Tau Beta Pi

Bar and Court Admissions

  • District of Columbia
  • New York
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Michigan
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Supreme Court
  • Registered Patent Attorney: U.S. Patent and Trademark Office