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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)

Ksenia Takhistova Associate
New York, NY 1.212.908.6208

Overview

Ksenia Takhistova’s practice focuses on patent litigation.  She has substantial experience in all aspects of litigation, from drafting of initial pleadings through discovery, expert discovery, trials, and appeals. Ms. Takhistova represents clients in patent infringement cases before federal district courts, in the International Trade Commission investigations, and inter partes review (IPR) proceedings at the Patent Office.  She also handles trademark (false advertising) and trade secret disputes in federal and state courts.  Ms. Takhistova has taken active roles in settlement negotiations, IP licensing discussions, and has experience doing due diligence and opinion work.  Drawing on her educational and professional background in both mechanical and chemical engineering fields, she represents diverse clients in automotive, mechanical device, electrical and computer, life sciences, chemical, materials, and medical device industries.

As a graduate student at the University of Notre Dame, in a prominent engineering group led by Dr. H.-C. Chang, Ms. Takhistova gained significant experience studying multiphase multicomponent fluid flows in porous structures and capillary channels under variety of applied external conditions, including hands-on experimental design, theoretical model development, and numeric simulations of microfluidic devices. This research group pioneered a discovery of vortex generation in microfluidic devices, a phenomenon useful for micromixing and drug delivery applications.  Ms. Takhistova co-authored a scientific paper describing this new phenomenon, and participated in its presentation at the Annual Meeting of the American Institute of Chemical Engineers.


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Events

Credentials

Education

  • Rutgers University School of Law-Newark, J.D., Dean’s Merit Scholarship, 2009, Rutgers Computer & Technology Law Journal, Managing Editor; Rutgers Business Law Journal, Articles & Notes Editor; Rutgers IP Law Society, Patent & Technology Chair; Rutgers Moot Court, Regional INTA Lefkowitz Trademark Competition team
  • University of Notre Dame, Chemical Engineering, M.S., 2002, Graduate Research and TA Full Scholarship
  • Moscow M.V. Lomonosov State University, Mechanics/Applied Mathematics (Mechanical Engineering), B.S., M.S., 1996, Full Merit-based Scholarship

Bar and Court Admissions

  • New Jersey
  • New York
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Southern District of New York

Professional Organizations

  • American Bar Association
  • New Jersey Intellectual Property Law Association
  • New York Intellectual Property Law Association

Languages

  • Russian