Overview
Our Patent Litigation Practice
Kenyon & Kenyon LLP handles high stakes patent litigation matters for a wide range of leading international companies. We have extensive experience litigating before the US federal courts, state courts and the International Trade Commission and have successfully litigated jury and bench trials in all of the major patent litigation venues.
Our Clients
Our clients include leading international companies whose businesses depend on the strength of their patents. Our recent patent litigation clients include:
Our Strengths: High-Stakes Trial and Appellate Litigation
We are formidable adversaries in the courtroom, and frequently act as trial counsel in cases where the amounts in controversy and demands are too high for settlement to be a viable option. Multi-defendant groups regularly elect us to act as lead trial counsel. Our reputation as a top notch patent litigation firm frequently provides our clients with leverage during settlement negotiations, allowing us to resolve our clients’ cases for fractional amounts of the damages claimed. We are able to advise parties at an early stage about how cases are likely to proceed, taking advantage of our years of experience with the leading venues and judges.
We also have significant appellate experience, and have numerous successes convincing the Federal Circuit to uphold lower court decisions that favor our clients and persuasively arguing for the reversal of invalidity and infringement decisions rendered against our clients by the lower courts.
Select Recent Victories
- Bosch. Kenyon is helping to define the continued availability of injunctions after the U.S. Supreme Court’s eBay decision in Robert Bosch LLC v. Pylon Manufacturing Corp.
- Sony. Kenyon achieved a favorable settlement for our client Sony in a high-profile dispute against LG Electronics, representing Sony in five U.S. litigations (including two ITC cases) involving patents pertaining to liquid-crystal display televisions and monitors, mobile phones and Blu-ray DVD technology.
- Volkswagen. Kenyon won a Federal Circuit appeal affirming its summary judgment of non-infringement win for Volkswagen AG, Audi AG, and Volkswagen Group of America in an Eastern District of Texas patent infringement case brought by patent holding company MHL Tek against nine automakers. The case, which related to tire-pressure monitoring systems, marked a major victory for the auto industry.
- Barnes & Noble. Kenyon defended Barnes & Noble in protecting its NOOK eReader products from claims of patent infringement made by Microsoft concerning various hardware and software patents in In the Matter of Certain Handheld Electronic Computing Devices.
- Sinorgchem. Kenyon successfully obtained a judgment terminating an ITC investigation concerning rubber antidegradants for client Sinorgchem. After extensive briefing and argument, the Administrative Law Judge granted Sinorgchem’s motion to terminate the investigation based on claim preclusion and to stay discovery. Termination of a Section 337 investigation at such an early stage of the proceedings, without any discovery, is extremely rare at the ITC.
- Actavis (Watson). Represented Actavis in litigations related to Actavis’s ANDA seeking approval for a generic version of Sanctura XR®, an extended release formulation of trospium chloride. Patents asserted by Allergan were found invalid as obvious after trial.
- Photocure ASA. Kenyon represented Photocure before the Court of Appeals for the Federal Circuit, in a case related to Metvixia®, which is used to treat skin cancer. The court affirmed the lower court’s decision granting a significant patent term extension to Photocure.
- Sony. Kenyon successfully persuaded the Federal Circuit to uphold summary judgment in all respects for Sony in a patent infringement case. Sony was first sued in the Northern District of California by Trans Video Electronics for alleged infringement of a patent directed to a global digital news distribution system. Trans Video contended that Sony infringed by distributing video content through Sony’s PlayStation Network as well as other devices that connect to the Internet.
- Boston Scientific. Kenyon obtained a finding of summary judgment in favor of Boston Scientific in a case involving potentially several hundreds of millions of dollars in damages. The accused technology was drug-eluting stents; the court held that Johnson & Johnson’s four patents were invalid.
What Others Say About Us
- Named to “The 2014 IP Hot List” by National Law Journal.
- “They are just spectacularly good lawyers who have a strong knack for cutting straight to the chase.”Chambers USA (2013)
- “Kenyon & Kenyon’s highly experienced team has a lot of expertise and knowledge about how to best serve clients’ needs.” The Legal 500 United States (2012)
Lawyers with Significant Technical Experience
Our technical knowledge frequently positions us to understand our clients’ business better, and to develop winning arguments in court. Our years of patent litigation experience, combined with our strong grasp of the science and technology underlying our clients’ patents, enables us to easily explain complicated subject matter to less technically unsophisticated judges and juries.
Ninety-five percent of our attorneys hold undergraduate and/or graduate degrees in science or engineering, and many of our lawyers have also worked in our clients’ industries as scientists or engineers. We understand the product, business and industry implications of our clients’ innovations. Our in-depth industry knowledge allows us to hit the ground running at the outset of each engagement.
Representative Experience