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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)

Douglas E. Ringel Partner
Washington, DC 1.202.220.4225

Overview

Doug Ringel assists clients in all aspects of intellectual property matters. He represents both plaintiffs and defendants in high-profile patent and other IP litigation. He also has significant experience obtaining patents, providing counseling and opinions regarding IP rights, conducting IP due diligence, and handling licensing and other IP transactions.

Mr. Ringel has served as lead counsel in a number of significant intellectual property cases and has secured important courtroom victories for his clients. He represents companies across a wide range of industries, from medical devices to computer technology and electronics. He has led litigations for clients such as Boston Scientific, Aesculap, Lenovo, PokerStars, and Rose Art. He successfully defended Boston Scientific in a major patent infringement case relating to coronary stents in which Medtronic was seeking hundreds of millions of dollars in damages, obtaining a favorable, case-dispositive ruling of summary judgment of no infringement. He helped Aesculap in the successful assertion of its patent rights relating to neurosurgery devices, securing favorable court rulings that led to settlement. He also led Rose Art’s protection of its IP rights by successfully obtaining a court-issued injunction against an infringing competitor.

Mr. Ringel has significant experience helping clients build patent portfolios, working closely with clients in crafting patents that will protect their inventions and prevent design-around products. He has experience managing patent portfolios for large corporations involving hundreds of patents as well as for smaller and start-up companies.

Prior to law school, Mr. Ringel was a patent examiner at the U.S. Patent and Trademark Office, where he examined patents in the area of general mechanical arts.

Representative Experience: Litigation

  • Lenovo, as lead counsel, in a case involving computer authentication and encryption technology. Currently pending. MAZ Encryption Technologies, LLC v. Lenovo (United States) Inc. (D. Del.)
  • Genfoot, in a case involving injection molding technology. Case settled. Genfoot Inc. v. LaCrosse Footwear, Inc. (D.N.H.)
  • Lenovo, as lead counsel, in a case involving copy protection technology. Successfully obtained dismissal of claims of indirect and willful infringement, leading to settlement. Rovi Solutions Corp. v. Lenovo (United States) Inc. (N.D. Cal.)
  • PokerStars, as lead counsel, in a case involving computerized wagering games. Presented motion for summary judgment, leading to settlement. Lottotron, Inc. v. PokerStars (D.N.J.)
  • Vision Biosystems, as lead counsel, in a case involving immunohistochemistry slide staining machines. Case settled. Ventana Medical Systems, Inc. v. Vision Biosystems, Inc. (D. Mass.)
  • Behavioral Science Technology, as lead counsel, in an action asserting copyright infringement and unfair competition relating to safety consulting materials. Case settled. Behavioral Science Technology, Inc. v. E.I. duPont de Nemours & Co. (C.D. Cal.)
  • GTECH, in a case involving lottery ticket vending machines. Case settled. GTECH Corp. v. Scientific Games, Inc. (D. Del.)
  • Boston Scientific, as lead counsel, in a case involving coronary stents. Obtained summary judgment of no infringement, successfully ending the case in favor of client Boston Scientific. Medtronic Vascular, Inc. v. Boston Scientific Corp. and Medinol Ltd. (D. Del.)
  • Rose Art, as lead counsel, in a case involving trade dress infringement and related claims. Successfully obtained injunction in favor of client Rose Art against the infringement. Rose Art Industries, Inc. v. Creative Platypus Ltd. (D. Or.)
  • Aesculap, in a case involving neurosurgery devices. Obtained favorable claim construction rulings, leading to settlement. Aesculap AG & Co. v. Walter Lorenz Surgical, Inc. (N.D. Cal.)
  • Boston Scientific and Medinol, in a case involving coronary stents. Participated in all aspects of the case, including a successful motion for partial summary judgment. Boston Scientific Corp. and Medinol Ltd. v. Johnson & Johnson and Cordis Corp. (D. Del.)
  • SciMed and Boston Scientific, in a case involving coronary stents. Presented arguments at a Markman hearing and on a summary judgment motion, leading to favorable rulings and settlement. Advanced Cardiovascular Systems, Inc. v. SciMed Life Systems, Inc. and Boston Scientific Corp. (S.D. Ind.)

Representative Experience: Due Diligence; Patent Portfolio

  • Boston Scientific, in handling a large portfolio of patent applications relating to various medical device inventions, obtaining hundreds of U.S. and foreign patents.
  • Sanford Redmond, in handling a large portfolio of patent applications relating to packaging and related machinery.
  • Optonol, in handling the entire patent portfolio of the company, in the area of intraocular implants and related delivery devices, from the company’s inception through its acquisition by Alcon.
  • Warburg Pincus, in intellectual property due diligence relating to medical device companies.
  • Sony, in intellectual property due diligence relating to computer and mobile phone technology.

Experience

Additional Experience: Litigation
  • Lenovo, as lead counsel, in a case involving computer authentication and encryption technology. Currently pending. MAZ Encryption Technologies, LLC v. Lenovo (United States) Inc. (D. Del.)
  • Genfoot, in a case involving injection molding technology. Case settled. Genfoot Inc. v. LaCrosse Footwear, Inc. (D.N.H.)
  • Lenovo, as lead counsel, in a case involving copy protection technology. Successfully obtained dismissal of claims of indirect and willful infringement, leading to settlement. Rovi Solutions Corp. v. Lenovo (United States) Inc. (N.D. Cal.)
  • PokerStars, as lead counsel, in a case involving computerized wagering games. Presented motion for summary judgment, leading to settlement. Lottotron, Inc. v. PokerStars (D.N.J.)
  • Vision Biosystems, as lead counsel, in a case involving immunohistochemistry slide staining machines. Case settled. Ventana Medical Systems, Inc. v. Vision Biosystems, Inc. (D. Mass.)
  • Behavioral Science Technology, as lead counsel, in an action asserting copyright infringement and unfair competition relating to safety consulting materials. Case settled. Behavioral Science Technology, Inc. v. E.I. duPont de Nemours & Co. (C.D. Cal.)
  • GTECH, in a case involving lottery ticket vending machines. Case settled. GTECH Corp. v. Scientific Games, Inc. (D. Del.)
  • Boston Scientific, as lead counsel, in a case involving coronary stents. Obtained summary judgment of no infringement, successfully ending the case in favor of client Boston Scientific. Medtronic Vascular, Inc. v. Boston Scientific Corp. and Medinol Ltd. (D. Del.)
  • Rose Art, as lead counsel, in a case involving trade dress infringement and related claims. Successfully obtained injunction in favor of client Rose Art against the infringement. Rose Art Industries, Inc. v. Creative Platypus Ltd. (D. Or.)
  • Aesculap, in a case involving neurosurgerydevices. Obtained favorable claim construction rulings, leading to settlement. Aesculap AG & Co. v. Walter Lorenz Surgical, Inc. (N.D. Cal.)
  • Boston Scientific and Medinol, in a case involving coronary stents. Participated in all aspects of the case, including a successful motion for partial summary judgment. Boston Scientific Corp. and Medinol Ltd. v. Johnson & Johnson and Cordis Corp. (D. Del.)
  • SciMed and Boston Scientific, in a case involving coronary stents. Presented arguments at a Markman hearing and on a summary judgment motion, leading to favorable rulings and settlement. Advanced Cardiovascular Systems, Inc. v. SciMed Life Systems, Inc. and Boston Scientific Corp. (S.D. Ind.)

Additional Experience: Due Diligence; Patent Portfolio

  • Boston Scientific, in handling a large portfolio of patent applications relating to various medical device inventions, obtaining hundreds of U.S. and foreign patents.
  • Sanford Redmond, in handling a large portfolio of patent applications relating to packaging and related machinery.
  • Optonol, in handling the entire patent portfolio of the company, in the area of intraocular implants and related delivery devices, from the company’s inception through its acquisition by Alcon.
  • Warburg Pincus, in intellectual property due diligence relating to medical device companies.
  • Sony, in intellectual property due diligence relating to computer and mobile phone technology.
  • Lottotron, Inc. v. GTECH Corp. Read More
  • Aventis Pharmaceuticals, Inc. and AMR Technology v. Teva Pharmaceuticals, USA, Inc. and Amino Chemicals Read More
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Credentials

Education

  • University of Michigan, J.D., cum laude, 1992, Order of the Coif
  • Cornell University, Mechanical Engineering, B.S.E., 1988, Tau Beta Pi

Bar and Court Admissions

  • District of Columbia
  • New York
  • Florida, Board Certified Specialist in Intellectual Property Law
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Federal Circuit
  • Registered Patent Attorney: U.S. Patent and Trademark Office

Professional Organizations

  • American Intellectual Property Law Association
  • American Bar Association