Kenyon successfully represented defendants Applera, Inc. (formerly Perkin-Elmer Corp.) in obtaining summary judgment of invalidity on the only asserted independent claim in the action, which along with other pending motions brought by Kenyon, led to a favorable settlement of all remaining claims in the action. The suit involved both patent infringement counts and state law claims for breach of contract, misappropriation of trade secrets, and unfair trade practices, among others. Dismissal of all but the patent claims was affirmed by the CAFC in October 2005, leaving only the patent claims. Following Markman briefing, the motion for summary judgment of invalidity was filed and a decision rendered in October 2006. Rather than go to trial solely on the remaining claims, the plaintiff elected to settle all claims on what was considered to be favorable terms to avoid the cost of trial. Case number 3:99-cv-2146 (2007).