`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`TOYOTA MOTOR CORPORATION
`
`Petitioner
`
`v.
`
`AMERICAN VEHICULAR SCIENCES LLC
`
`Patent Owner
`
`Patent No. 5,845,000
`Issue Date: December 1, 1998
`Title: OPTICAL IDENTIFICATION AND MONITORING SYSTEM USING
`PATTERN RECOGNITION FOR USE WITH VEHICLES
`__________________________________________________________________
`
`Petitioner’s Mandatory Notices – Addition of Back-up Counsel
`37 C.F.R. § 42.8
`
`Case No. IPR2013-00424
`__________________________________________________________________
`
`
`
`
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`
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`Petitioner Toyota Motor Corporation (“Petitioner”) hereby provides notice
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`that it has added Antony Pfeffer as back-up counsel in this proceeding. Pursuant to 37
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`C.F.R. § 42.8(a)(3), Petitioner’s updated mandatory notices are below, reflecting the
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`addition of Mr. Pfeffer.
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`Mandatory Notices (37 C.F.R. § 42.8)
`A. Real Party-in-Interest (37 C.F.R. § 42.8(b)(1))
`Petitioner, Toyota, is the real party-in-interest.
`
`B. Related Matters (37 C.F.R. § 42.8(b)(2))
`The ’000 patent is currently the subject of the following litigations: American
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`Vehicular Sciences LLC v. Toyota Motor Corp. et al., No. 6:12-CV-406 (E.D. Tex.) (“AVS
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`406 Litigation”); American Vehicular Sciences LLC v. Mercedes-Benz U.S. Int’l, Inc., Case
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`No. 6:13-CV-308 (E.D. Tex.); and American Vehicular Sciences LLC v. BMW Group,
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`Case No. 6:12-CV-413 (E.D. Tex.). Petitioner is a named defendant in the AVS 406
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`Litigation. The earliest that any of the defendants in the AVS 406 Litigation were
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`served with the complaint is July 20, 2012. The petition in this proceeding was filed
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`simultaneously with IPR2013-00419, -00420, -00421, -00422 and -00423. A trial has
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`been instituted in each. While these proceedings do not directly address the claims of
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`the ’000 patent, they relate to patents that were asserted against similar products of
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`Toyota in a related case: American Vehicular Sciences LLC v. Toyota Motor Corp. et al., 12-
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`CV-410 (E.D. Tex.) (hereinafter, “410 Litigation”). Petitioner is not aware of any
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`other pending judicial or administrative matter that would affect, or be affected by, a
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`
`
`
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`decision in this proceeding.
`
`C.
`Lead Counsel:
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`Counsel & Service Information (37 C.F.R. §§ 42.8(b)(3)-(4))
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`Matt Berkowitz (Reg. No. 57,215)
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`Back-up Counsel: Thomas R. Makin (admitted pro hac vice)
`
`
`
`
`
`
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`A. Antony Pfeffer (Reg. No. 43,857)
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`Electronic Service Information: ptab@kenyon.com and mberkowitz@kenyon.com
`
`Post and Delivery: Kenyon & Kenyon LLP, One Broadway, New York, NY 10004
`
`Telephone: 212-425-7200 Facsimile: 212-425-5288
`
`
`
`Dated: March 3, 2014
`
`
`/Matt Berkowitz/
`Matt Berkowitz (Reg. 57,215)
`Lead Counsel for Petitioner
`Kenyon & Kenyon LLP
`
`One Broadway
`
`
`New York, NY 10004
`
`Tel: 212.425.7200
`Fax: 212.425.5288
`Email: mberkowitz@kenyon.com
`
`
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`
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`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby confirms that the foregoing Petitioner’s Mandatory
`Notices – Addition of Back-up Counsel was served on March 3, 2014 via e-mail upon the
`following counsel of record for Patent Owner:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Thomas J. Wimbiscus
`Scott P. McBride
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`AVS-IPR@mcandrews-ip.com
`MCANDREWS HELD & MALLOY, LTD.
`500 W. Madison St., 34th Floor
`Chicago, IL 60661
`
`
`
`
`
`
`
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`
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`
`
`
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`
`
`/Matt Berkowitz/
`Matt Berkowitz (Reg. No. 57,215)
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel: 212-425-7200
`Fax: 212-425-5288
`
`
`
`
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