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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)

Lewis V. Popovski Partner
New York, NY 1.212.908.6078

Overview

Lewis Popovski has extensive experience in intellectual property litigation, including trial and appellate practice of patent, trademark, trade dress litigation and trade secret misappropriation cases. His patent litigation practice spans a wide variety of technical areas, including optical and electro optical communication devices and systems, microprocessor and computer system architecture, integrated circuit manufacturing, digital video and audio signal compression and processing systems, mass-flow meters, mass spectrometers as well as various mechanical systems.

Mr. Popovski also counsels clients on the implementation of procedures and programs to identify and protect client’s intellectual property, the transfer of intellectual property and the validity, infringement and enforcement of intellectual property. Additionally, he authors Kenyon’s NY Patent Law Blog (www.nypatentblog.com), a blog focusing on unpublished patent decisions in the Southern and Eastern Districts of New York and covering cases relevant to every technological area.

He has received recognition from a number of legal publications and was selected as the 2014 Lexology and International Law Office Client Choice Award winner for “Intellectual Property – Patents” for the United States. He also received the same award for New York. In addition, he has been named a 2014 New York “IP Star” by Managing Intellectual Property.

Prior to becoming a patent attorney, Mr. Popovski was a pilot in the United States Air Force and an engineer at Veeco Instruments, Inc.

Representative Experience

  • 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)
  • FastVDO LLC v. Apple Inc. et al. (D. Del.) (digital image compression technology)
  • HSM Portfolio LLC and Technology Properties Limited LLC v. Fujitsu Limited, et al. (D. Del.) (high-speed memory design)<
  • Sony Corporation v. LG Electronics U.S.A. Inc. et al.; LG Electronics, Inc. v. Sony Corporation et al. (S.D. Cal., C.D. Cal., ITC) (telecommunications standards, cell phone features, Blu-ray DVD technology, and televisions and computer monitors)
  • Sony Electronics, Inc. v. Mediostream, Inc. (N.D. Cal.) (video recording systems)
  • Shared Memory Graphics v. Apple et al. (N.D. Cal.) (game consoles)/li>
  • Mediostream Inc. v. Acer Inc. et al. (N.D. Cal.) (computers, camcorders, Blu-ray disc drives, and software for video and audio editing)
  • Tactical Solutions v. Integrity Data, Inc. (D.Co.) (night vision systems)
  • Wireless Agents, LLC v. AMOI Electronics, Inc., et al., (W.D. Tex.) (electronic  keyboard technology)
  • Agere Systems, Inc. v. Sony Corporation, et al. (E.D. Tex.) (laser diode technology)
  • AVG v. Electronic Arts (E.D. Tex.) (three dimensional graphics software, digital graphics systems, computer architecture and operating software)
  • Applied BioSystems v. Micromass, et al., (D.Del.) (ion beam mass spectrometer technology)

Experience

  • 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)
  • FastVDO LLC v. Apple Inc. et al. (D. Del.) (digital image compression technology)
  • HSM Portfolio LLC and Technology Properties Limited LLC v. Fujitsu Limited, et al. (D. Del.) (high-speed memory design)
  • Mediostream Inc. v. Acer Inc. et al. (N.D. Cal.) (computers, camcorders, Blu-ray disc drives, and software for video and audio editing)
  • Tactical Solutions v. Integrity Data, Inc. (D.Co.) (night vision systems)
  • AVG v. Electronic Arts (E.D. Tex.) (three dimensional graphics software, digital graphics systems, computer architecture and operating software)
  • Applied BioSystems v. Micromass, et al., (D.Del.) (ion beam mass spectrometer technology)
  • Kenyon Defeats Inter Partes Review for C-Cation Technologies Read More
  • Mediostream, Inc. v. Microsoft Corp., et al. Read More
  • Sony Corporation v. LG Electronics U.S.A. Inc. et al.; LG Electronics, Inc. v. Sony Corporation et al. Read More
  • Sony Electronics v. Mediostream Read More
  • Shared Memory Graphics v. Apple et al. Read More
  • Agere Systems Inc. v. Sony Corporation et al. Read More
  • Wireless Agents, LLC v. Amoi Electronics, Inc. et al. Read More
  • Applera Corp. v. Micromass UK, Ltd. Read More
  • View All

Credentials

Education

  • St. John's University, J.D., 1991
  • New York Institute of Technology, Electro-Mechanical Computer Technology, B.T., summa cum laude, 1985

Bar and Court Admissions

  • New York
  • U.S. District Court for the District of Colorado
  • 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
  • U.S. Supreme Court
  • Registered Patent Attorney: U.S. Patent and Trademark Office

Professional Organizations

  • American Intellectual Property Law Association
  • Intellectual Property Owners Association
  • International Association for the Protection of Intellectual Property
  • Licensing Executives Society