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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)

Eric T. Schreiber Associate
New York, NY 1.212.908.6120


Eric Schreiber’s practice focuses on patent litigation.  He has nearly a decade of experience litigating all facets of high-stakes patent cases in federal district courts, in the Federal Circuit, and before the International Trade Commission.  

Mr. Schreiber’s experience spans a wide range of technologies such as video analytics, endodontic dental instruments, airport security systems, automotive driver assistance systems, coronary stents, windshield wiper blades, and pharmaceuticals.  He has regularly worked on cases for clients that are industry leaders in their respective fields, including Bosch, Teva Pharmaceuticals, Covidien, and GE Healthcare.  Mr. Schreiber has represented firm clients at numerous trials in federal courts throughout the United States.

A registered patent attorney, Mr. Schreiber also has experience with post-grant proceedings before the U.S. Patent & Trademark Office.  He recently worked on a petition for inter partes review challenging a patent directed to dental instruments, which resulted in the IPR being instituted.


  • Bosch in a five-patent ITC investigation concerning video analytics, which settled favorably following the evidentiary hearing.
  • Teva Pharmaceuticals in defense of a patent infringement suit brought by Warner-Lambert/Pfizer concerning Teva’s sale of gabapentin.  The case settled favorably during a jury trial in which Warner-Lambert/Pfizer had claimed billions of dollars in damages.
  • US Endodontics in district court litigation and inter partes review and post-grant review proceedings concerning endodontic instruments.
  • GE Healthcare in a 38-day false advertising trial, after which the court rejected plaintiff Bracco’s multi-billion dollar damages claim against GE Healthcare. 

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  • Seton Hall, J.D., magna cum laude, Order of the Coif, 2006, comments editor, Seton Hall Law Review
  • Lehigh University, Industrial Engineering, B.S., high honors, 2003

Bar and Court Admissions

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