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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)

Michelle McLeod Associate
Palo Alto, CA 1.650.384.4647

Overview

Michelle McLeod’s current practice focuses primarily on patent matters, including both patent prosecution and patent litigation. She has patent experience in a wide range of electrical and computer engineering technologies including wireless and wired communications, computer hardware and software, integrated circuit design and electronic design automation, image and audio coding systems, data storage, testing equipment, consumer electronics, and e-commerce. Ms. McLeod has been involved in litigation disputes including both plaintiff side and defendant side litigation in district court cases, proceedings before the International Trade Commission, pre-litigation counseling, and appeals. 

During her undergraduate education, Ms. McLeod interned with the Biological Research Project at NASA Ames Research Center.

Credentials

Education

  • Santa Clara University, J.D., 2008
  • Santa Clara University, Computer Engineering, B.S., magna cum laude, 2003

Bar and Court Admissions

  • California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Patent and Trademark Office

Professional Organizations

  • San Francisco Bay Area Intellectual Property Inn of Court 
  • The CLUB Silicon Valley
  • WiLPower Program, Leading Women in Technology (2012)