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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)

Michael K. Levy Partner
New York, NY 1.212.908.6221


Michael Levy concentrates his practice on patent litigation, client counseling, opinion work, due diligence, portfolio management and patent prosecution in the pharmaceutical, drug delivery, medical device, and chemical process fields.

Prior to joining the firm, Mr. Levy practiced intellectual property law in Philadelphia, focusing on patent prosecution and litigation covering a wide variety of disciplines, including pharmaceuticals, coatings, microchip manufacturing, specialty chemicals and alternative energy technologies. Mr. Levy began his legal career practicing environmental law, particularly addressing liability and insurance coverage issues stemming from environmental contamination. Before attending law school, Mr. Levy worked as an engineer for an environmental and occupational health and safety consulting firm.

Representative Experience

  • Teva Pharmaceuticals in a patent infringement actions concerning Teva’s AB-rated generic equivalent to Pfizer’s Neurontin®. Obtained a favorable settlement two weeks into a scheduled seven-week jury trial. Warner-Lambert Company et al. v. Purepac Pharmaceutical et al. (D.N.J)
  • Boston Scientific in a patent litigation in which a jury found that Johnson & Johnson's CYPHER® drug-eluting stent infringes Boston Scientific's U.S. Patent 6,120,536.  The jury also upheld the validity of the patent. Boston Sci Scimed et al. v. Cordis et al. (D. Del.)
  • Sanofi-Synthelabo in a patent litigation involving a claim by Purdue for compensation for a cold remedy called pleconaril, which is patented by Sanofi. The court dismissed Purdue Research Foundation's case against our client Sanofi-Synthelabo, for lack of personal jurisdiction. The decision follows an earlier victory for Sanofi in a related case in Indiana. The D.C. case becomes one of the few decisions addressing jurisdiction over non-resident patentees  Purdue Research Foundation v. Sanofi-Synthelabo, S.A. (D.D.C.)
  • Sanofi-Synthelabo in an appeal, in which the Seventh Circuit affirmed the district court decision and dismissed the case, involving a patented anti-viral compound, against our client, Sanofi Syntholabo, S.A. for lack of personal jurisdiction in Indiana. Purdue Research Foundation v. Sanofi-Synthelabo, S.A. (7th Cir.)

Select Publications

  • “Over a Year Later, the Akamai Decision is Still in the Cross-Hairs,” Bloomberg BNA’s Patent, Trademark & Copyright Journal, January 24, 2014.


  • Warner-Lambert Company, et al v. Purepac Pharmaceutical, et al. Read More
  • Boston Scientific Scimed v. Cordis Corporation Read More
  • Purdue Research Foundation v. Sanofi-Synthelabo Read More
  • Purdue Research Foundation v. Sanofi Syntholabo, S.A. et. al Read More
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  • University of Maryland, J.D., 1995
  • University of Virginia, Chemical Engineering, M.S., 1992
  • Franklin & Marshall College, Chemistry, B.S., 1990

Bar and Court Admissions

  • Maryland
  • New York
  • Pennsylvania
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • Registered Patent Attorney: U.S. Patent and Trademark Office

Professional Organizations

  • New York Intellectual Property Law Association
  • New Jersey Intellectual Property Law Association (NJIPLA)