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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 represents clients in patent and trade secret litigation at the ITC, district courts, and Federal Circuit. When she began her career at Kenyon, her practice focused on chemical and pharmaceutical cases. She later completed a 2-year term at the ITC as an Attorney-Advisor to the ALJs, where her responsibilities included providing guidance to the ALJs on procedural disputes and substantive questions of law, and drafting initial determinations and Markman orders. At the ITC, she acquired in-depth knowledge of section 337 complexities and an insider understanding of ITC culture. Since returning to Kenyon, she has appeared in over 20 ITC investigations, providing advice and analysis on wide-ranging technologies and consumer products, particularly regarding ITC-specific issues, such as domestic industry, remedy, and the public interest. She recently successfully represented Lenovo, HP, and Sony in several ITC investigations. Ms. Soucie is also a co-author, as well as editor, of the “go-to” ITC litigation treatise, Unfair Competition and the ITC.

Representative Experience

  • Sony in in an ITC patent infringement matter relating to GPS mapping, Bluetooth, and Wi-Fi features in mobile phones and tablets, which resulted in a favorable settlement on behalf of Sony. Wireless Devices, Including Mobile Phones and Tablets II, 337-TA-905, ALJ Pender.
  • Lenovo in an ITC patent infringement matter relating to optical disc drives. Successfully argued that the complainant lacked standing to file the complaint, which terminated the investigation. Optical Disc Drives, Components Thereof, and Products Containing the Same, 337-TA-897, ALJ Lord.
  • Hewlett-Packard in an ITC patent infringement matter relating to flash memory card interfaces in computers, laptops, and printers. Successfully argued that the complainant failed to establish that it met the domestic industry requirement of Section 337, resulting in a precedent-setting Commission opinion holding that “a complainant alleging the existence of a domestic industry under 19 U.S.C. § 1337(a)(3)(C) must show the existence of articles” protected by the intellectual property right at issue. Computers and Computer Peripheral Devices, 337-TA-841, ALJ Essex.
  • Apple in an ITC patent infringement matter relating to secure communication applications between mobile phones, tablets, and computers. Successfully argued that the complainant lacked standing to file the complaint, which terminated the investigation. Devices with Secure Communciation Capabilities, Components Thereof, and Products Containing the Same, 337-TA-818, ALJ Shaw.
  • Hebei Sukerui in an ITC patent infringement matter relating to the process of manufacturing sucralose. Successfully preserved Hebei Sukerui’s ability to import a generic version of Splenda® (sucralose) into the United States based on determinations of no infringement and no domestic industry. Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof, 337-TA-604, ALJ Bullock.
  • Synthon in 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 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.).

Insights and News

Credentials

Education

  • Cornell Law School, 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

Professional Organizations

  • ITC Trial Lawyers Association
  • American Bar Association
  • New York State Bar Association
  • 2016 Fellow, Leadership Council on Legal Diversity