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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 E. Sander Associate
New York, NY 1.212.908.6412

Overview

Michael E. Sander’s practice focuses on patent litigation before federal district courts, the International Trade Commission, and the Patent Trial and Appeal Board. His litigation experience encompasses technologies such as 3D imaging, H.264 internet video, speech recognition, and networking. Additionally, Mr. Sander has represented clients in trademark disputes involving counterfeit computer chips and copyright matters involving internet advertising and commerce.

Prior to attending law school, Mr. Sander spent nearly a decade in software and systems engineering. He has experience in embedded real-time computer systems, operating systems, compilers, and computer architecture and can read and write in all common programming languages. During his undergraduate studies, Mr. Sander was an electrical team lead for the ASTRO research group, developing control systems for a rocket landing vehicle.

While in law school, Mr. Sander interned with the Honorable Judge Block of the Eastern District of New York and studied international intellectual property law with a patent boutique in Rio de Janeiro, Brazil.

Credentials

Education

  • Benjamin N. Cardozo School of Law, J.D., cum laude, 2011, associate editor, Arts & Entertainment Journal
  • University of California Santa Barbara, Electrical and Computer Engineering, M.S., 2008
  • Cornell University, Electrical and Computer Engineering, B.S., 2005

Bar and Court Admissions

  • New Jersey
  • New York
  • U.S. District Court for the Southern District of New York
  • U.S. Patent and Trademark Office

Professional Organizations

  • Hon. William C. Conner Inn of Court
  • New York City Bar Association
  • New York Intellectual Property Law Association