Highlight Image
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)

Clifford A. Ulrich Partner
New York, NY 1.212.908.6079

Overview

Clifford Ulrich devotes his practice to patent litigation, post-grant review proceeding before the USPTO, patent counseling, patent portfolio analysis, and patent prosecution (both foreign and domestic), with a particular emphasis in the mechanical, electrical, and electro-mechanical arts. He also has vast experience in design patents. Mr. Ulrich’s experience covers a broad range of technologies, including automotive devices and systems, aerospace systems, computer devices and peripherals, consumer goods and medical devices.

Since 2008, Mr. Ulrich has been heavily involved in post-grant review proceedings before the USPTO, handling a majority of the inter partes reexamination, ex parte reexamination, and inter partes review proceedings brought by Kenyon on behalf of its clients. A majority of these proceedings are related to concurrent litigation, and Mr. Ulrich’s experience in post-grant review proceedings is invaluable in developing defensive strategies in patent litigation.

Prior to entering the legal profession, Mr. Ulrich gained industry experience as a design and manufacturing engineer.

Select Publications

  • “Getting the Deal Through – Patents,” 2014.
  • “Conjunction Junction: PTAB Tackles ‘And/Or’ in Claims,” Law360, April 14, 2014.

Insights and News

Events

Credentials

Education

  • New York Law School, J.D., 1996, Merit ScholarTechnology Editor 1994-95, New York Law School Journal of International and Comparative LawStaff Editor 1993-94, New York Law School Journal of International and Comparative Law
  • Case Western Reserve University, Mechanical Engineering, B.S., cum laude, 1989, Dean's List

Bar and Court Admissions

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

Professional Organizations

  • American Intellectual Property Law Association (AIPLA)
  • New York Intellectual Property Law Association (NYPLA)
  • Vereinigung von Fachleuten des Gewerblichen Rechtsschutzes (VPP)