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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)

Linda Shudy Lecomte Partner
New York, NY 1.212.908.6385

Overview

Linda Shudy Lecomte focuses her practice primarily on patent counseling, including due diligence evaluations, opinions, licensing and negotiations, patent portfolio management, cross-border pre-litigation preparation, and patent prosecution (both foreign and domestic), with particular emphasis in the electrical, computer software, biomedical, and mechanical arts. On behalf of clients, she has litigated and arbitrated in the patent, trade secret, and licensing practices.

Ms. Lecomte's experience covers a vast range of technologies, including telecommunications, software applications and legacy systems, computer devices and peripherals, semiconductors, interactive entertainment systems, automotive components, and medical devices. With over 15 years at Kenyon, Ms. Lecomte has counseled a wide range of clients, from multinational corporations to small businesses to individuals.

Ms. Lecomte is co-chair of Kenyon’s Video Game Law Practice Group, whose work earned the firm a ranking from Interactive Age as one of the top five law firms representing video game companies. She is recognized as being one of America’s Top Patent Prosecutors of 2011 by Patent Buddy, a peer review based legal referral guide.

Prior to joining the New York office, Ms. Lecomte worked for the firm in Frankfurt, Germany for three years.

Credentials

Education

  • University of Minnesota, J.D., cum laude, 1997
  • University of Minnesota Institute of Technology, Electrical Engineering, B.E.E., 1993, Minor: Mathematics

Bar and Court Admissions

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

Professional Organizations

  • American Bar Association (ABA)
  • American Intellectual Property Law Association (AIPLA)
  • The Deutscher Verband der Patentingenieure und Patentassessoren e.V (VPP)