Kenyon and client Sony Electronics Inc. prevailed at the US Court of Appeals for the Federal Circuit, which affirmed a lower court grant of summary judgment of non-infringement in Sony's favor. Intellectual Science & Technology asserted five patents against Sony dual CD players/recorders in the Eastern District of Michigan. After the district court granted summary judgment of non-infringement, IS&T appealed the decision for one of the patents to the Federal Circuit. At issue in the appeal was the sufficiency of IS&T's expert declaration in showing a genuine issue of material fact. In its opinion, the Federal Circuit recognized the fundamental insufficiency of IS&T's expert declaration, and held that Sony's products did not infringe the patent as a matter of law. Case number 09-1142, (2009).