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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 D. Loughnane Partner
New York, NY 1.212.908.6225

Overview

Michael Loughnane, managing partner, has more than 30 years’ experience practicing intellectual property law. He has significant experience leading complex patent and trade secret litigation in the district and federal courts, and counsels clients on issues of patent validity and infringement. He also has extensive experience in the drafting and prosecution of patent applications and provides guidance to clients introducing new products to the market.

Mr. Loughnane has represented clients in matters involving a wide range of industries, including life sciences, biotechnology and pharmaceutical, medical device, and environmental. His clients have included AkzoNobel, Intervet, Schering-Plough, BASF, and Teva.

He is also a member of the firm’s Management and Executive Committees.

Representative Experience

  • AkzoNobel in a patent infringement case filed by Akzo against Dow Chemicals and involving Akzo’s patented process for the creation of aqueous polymer dispersions. AkzoNobel v. Dow Chemicals (D. Del.).
  • AkzoNobel in patent litigation brought by A.L.M. Holding relating to asphalt compositions. A.L.M. Holding v. AkzoNobel (D. Del.).
  • Schering-Plough in litigations related to a DNA-subunit vaccine against a porcine virus. These settled on favorable terms. Wyeth v. Intervet (D. Del.).
  • Teva in litigations against Pfizer regarding Gabapentin, Teva’s AB-rated generic equivalent to Pfizer’s Neurontin®. The settlement agreement ending this case was reached just two weeks into a jury trial that had been scheduled to last seven weeks. Warner-Lambert Company et al. v. Purepac Pharmaceutical et al.  (D. NJ).

Experience

  • AkzoNobel in a patent infringement case filed by Akzo against Dow Chemicals and involving Akzo’s patented process for the creation of aqueous polymer dispersions. AkzoNobel v. Dow Chemicals (D. Del.).
  • AkzoNobel in patent litigation brought by A.L.M. Holding relating to asphalt compositions. A.L.M. Holding v. AkzoNobel (D. Del.).
  • Schering-Plough in litigations related to a DNA-subunit vaccine against a porcine virus. These settled on favorable terms. Wyeth v. Intervet (D. Del.).
  • Teva in litigations against Pfizer regarding Gabapentin, Teva’s AB-rated generic equivalent to Pfizer’s Neurontin®. The settlement agreement ending this case was reached just two weeks into a jury trial that had been scheduled to last seven weeks. Warner-Lambert Company et al. v. Purepac Pharmaceutical et al.  (D. NJ).

Credentials

Education

  • Rutgers University, J.D., 1982
  • University of Florida, Chemical Engineering, M.S., 1975
  • The Cooper Union, Chemical Engineering, B.S., 1974

Bar and Court Admissions

  • New Jersey
  • New York
  • U.S. Court of Appeals for the Federal Circuit
  • Registered Patent Attorney: U.S. Patent and Trademark Office

Professional Organizations

  • American Bar Association
  • New Jersey Intellectual Property Law Association
  • New York Intellectual Property Law Association