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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)

Merri C. Moken Partner
New York, NY 1.212.908.6341

Overview

Merri Moken’s practice focuses on patent litigation pertaining to the chemical, pharmaceutical, mechanical and electrical arts. She has practiced before federal district and appellate courts, and the International Trade Commission. Ms. Moken has represented both plaintiffs and defendants concerning patent infringement, invalidity, and unenforceability, as well as trade secret misappropriation and contract-related matters. Ms. Moken also represents internationally based clients, and she has served as counsel for both domestic and foreign proceedings. Her practice also includes client counseling, due diligence, licensing, trade secrets, unfair competition and opinion work. In addition, Ms. Moken has received recognition from New York Metro Super Lawyers which named her a 2014 “Rising Star.”

Prior to joining Kenyon, during the period of 1993 to 1997, Ms. Moken performed unique research, discovering that disinfectants induce the expression of a gene named mar, conferring multiple antibiotic resistance in bacteria. As an undergraduate, her scientific research focused on metal-assisted assembly of multi-helix protein bundles. 

Representative Experience

  • Akzo Nobel Coating Inc. v. Dow Chemical Company (D.Del.)
  • A.L.M Holding Co. et al. v. Akzo Nobel Surface Chemistry LLC (D.Del.)
  • Akzo Nobel Surface Chemistry LLC v. Huntsman Petrochemical (S.D.Ohio)
  • C-Cation Technologies, LLC v. Time Warner Cable et al. (E.D. Tex)
  • C-Cation Technologies, LLC v. Comcast Corporation et al. (E.D. Tex.)
  • Comcast Corporation et al. v. C-Cation, Inc. et al. (S.D.N.Y.) (dynamic channel management) 
  • Pfizer Inc., Pharmacia Corp. Pharmacia & Upjohn Co., Upjohn LLC, Pharmacia & Upjohn Co. LLC, C.P. Pharmaceuticals Int’l., C.V. v. Teva Parenteral Medicines, Inc. Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd. (D. Del.)
  • Bristol-Myers Squibb Company, Novartis Corp. and Novartis Pharma AG v. Teva Pharmaceuticals USA, Inc. (D. Del.)
  • Cephalon, Inc. and Cephalon France v. Teva Pharmaceuticals USA, Inc. (D. Del.)
  • Aventis v. Impax Laboratories, Inc. (D.N.J.)
  • Teva Pharmaceutical Industries Ltd. et al. v. Torrent Pharmaceuticals. Inc. and Torrent Pharma Inc. (D. Del.) 
  • Teva Pharmaceutical Industries Ltd. et al. v. Pliva, Inc. (D.N.J.)
  • Aventis  and Albany Molecular Research, Inc. v. Teva Pharmaceuticals USA, Inc. and Amino Chemicals (D.N.J.)
  • Pfizer Inc. v. Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd. (D. Del.)
  • Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd. v. Pfizer Inc. (S.D.N.Y.)
  • Teva Pharmaceuticals USA, Inc. v. Pfizer Inc. (S.D.N.Y.)
  • Medimmune Oncology, Inc. v. Sun Pharmaceutical Industries, Ltd. (D. Md.)
  • Shire Laboratories Inc. v. Impax Laboratories, Inc. (D. Del.)

Representative Trials/Hearings

  • In the Matter of Certain Video Analytics Software, Systems, Components Thereof, and Products Containing Same (ITC)
  • Infosint S.A. v. H. Lundbeck A/S et al. (S.D.N.Y.)
  • Eli Lilly & Co. v. SICOR Pharmaceuticals, Inc. et al. (S.D. Ind.)
  • Aventis Pharmaceuticals Inc. and Sanofi-Aventis SA v. Teva Pharmaceutical Industries Ltd. (District Court of Tel Aviv)
  • Li (Pfizer) v. Singer (Teva) - Patent Interference 

Publications

  • “Overview of Main IPRs” “United States Main IPRs Q&A,” PLC Cross-border IP in Business Transactions Handbook, 2011 – 2012.
  • “Overview of Main IPRs” “United States Main IPRs Q&A,” PLC Cross-border IP in Business Transactions Handbook, 2010 – 2011
  • “Appendix to Chapter 12,” Frontiers in Antimicrobial Resistance: a Tribute to Stuart B. Levy, 2005. 
  • “Federal Circuit Finds an Absence of Utility in DNA Sequences, ESTs: Encumbrance of Patentability Holds Ramifications for Agricultural Industry,” IP Strategist, Oct. 2005. 
  • “Fallwell.com Transfer Is Answer to Reverend’s Prayers,” World Trademark Law Report, Nov. 9, 2004. 
  • “Fake Pharmaceuticals: How They and Relevant Legislation or Lack Thereof Contribute to Consistently High and Increasing Drug Prices,” American Journal of Law and Medicine, vol. 29, no. 4, 2003.
  • “Selection of Multiple Antibiotic Resistant (mar) Mutants of Escherichia coli by Using the Disinfectant Pine Oil: Roles of mar and acrAB loci,” Antimicrobial Agents of Chemotherapy, Dec. 1997. 

Credentials

Education

  • Boston University, J.D., with honors, Concentration in Litigation and Dispute Resolution, 2004, note editor, American Journal of Law and Medicine John J. Gibbons National Criminal Procedure Moot Court Competition
  • Princeton University, Chemistry, A.B., 2001

Bar and Court Admissions

  • Massachusetts
  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Federal Circuit

Professional Organizations

  • American Bar Association
  • Massachusetts Bar Association
  • New York Intellectual Property Law Association
  • New York State Bar Association