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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)

Aimee N. Soucie Partner
Washington, DC 1.202.220.4275

Overview

Aimee Soucie’s practice focuses on patent litigation, with an emphasis in the chemical, pharmaceutical, medical and biological arts before federal courts and the International Trade Commission. Ms. Soucie also has broad based experience concerning pharmaceutical litigation related to the Hatch-Waxman Act, particularly with respect to the representation of the ANDA applicant. 

Representative Experience

  • Hebei Sukerui against Tate & Lyle’s allegations of patent infringement.  Successfully preserved Hebei Sukerui’s ability to import a generic version of Splenda® (sucralose) into the United States. Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof (ITC)
  • Synthon in an ANDA litigation against Pfizer’s allegations of patent infringement by a generic version of Norvasc® (amlodipine besylate monohydrate).  Federal Circuit held in 2007 that Pfizer’s patent was invalid. Pfizer v. Synthon Holdings BV, et al. (M.D.N.C.)
  • Teva in an ANDA litigation against SKB’s allegations of patent infringement by a generic version of Lamictal® (lamotrigine). Case settled favorably after trial. SmithKline Beecham v. Teva Pharmaceuticals USA (D.N.J.)

In 2008, Ms. Soucie left Kenyon to join the U.S. International Trade Commission as an Attorney-Advisor to the Administrative Law Judges. While at the ITC, Ms. Soucie was required to develop strategic, logical approaches to apply existing and novel law to fact in fast-moving investigations with targeted time limits of 12-15 months, acquire substantial knowledge of a wide variety of complex technologies and products, and advise the ALJs regarding procedural and substantive issues, including determinations deciding matters of infringement, invalidity, and enforceability.

Key representative investigations to which Ms. Soucie contributed to include:

  • Inv. No. 337-TA-692 (ceramic capacitors)
  • Inv. No. 337-TA-666 (cold cathode fluorescent lamp inverter circuits)
  • Inv. No. 337-TA-658 (video game machines)
  • Inv. No. 337-TA-631 (liquid crystal display devices)
  • Inv. No. 337-TA-628 (computer products and components) 
  • Inv. No. 337-TA-621 (probe card assemblies) 
  • Inv. No. 337-TA-619 (flash memory controllers)
  • Inv. No. 337-TA-613 (3G mobile handsets)

In 2010, after completing her two-year term at the ITC, Ms. Soucie returned to Kenyon as counsel. As an attorney at the ITC, Ms. Soucie gained an insider’s understanding of the Commission’s culture and an in-depth knowledge of the substantive and procedural complexities of Section 337 ITC actions. In addition to ITC investigations, Ms. Soucie has been involved with other patent and trade secret litigation before the U.S. Court of Appeals for the Federal Circuit and various district courts, and has prepared legal opinions and analysis of patents.

Select Publications

  • “Unfair Competition and the ITC: A Treatise on Section 337 Actions,” 2012.
  • “Pharmaceutical, Biotechnology and Chemical Innovations: World Protection and Exploitation,” 2010.

Credentials

Education

  • Cornell University, J.D., 2002
  • Bowdoin College, Biochemistry, B.A., magna cum laude, 1999, Minor: English

Bar and Court Admissions

  • District of Columbia
  • New York
  • U.S. Court of Appeals for the Federal Circuit