Ken is an intellectual property attorney practicing in the patent prosecution and counseling space. He provides creative and carefully considered patent strategies designed to maximize patent portfolio value. In addition to patent procurement, Ken counsels lenders and investors in assessing the value of patent assets through due diligence reviews, including validity analyses, freedom-to-operate analyses, and in-licensed technology investigations.
Ken has extensive experience in patenting a wide range of life sciences technologies including antibody therapeutics, small molecule modulators, diagnostics, immuno-oncotherapies, pharmaceutical formulations, gene editing, siRNA therapeutics, stem cell therapies, nanotechnologies, and machine learning and AI in Life Sciences technologies. He enjoys working closely with scientists to translate their discoveries to high value patent assets.
Ken works with a diverse set of clients, from research institutions to pre-funded startups to some of the world’s largest life sciences companies. He carefully tailors patent strategies to the specific business needs of each client while considering the ever-changing global patent case law landscape.
viewpoints
Copy Cats II: Nexus of Copying Required to Substantiate Non-Obviousness
February 17, 2021 | Blog | By Ken Jenkins
On January 28, 2021, the Federal Circuit affirmed the general principle that the mere fact of copying by an accused infringer is insufficient to rebut a charge of obviousness (L’Oreal USA, Inc. v. Olaplex, Inc.; appeal from PGR2018-00025; non-precedential).
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Year in Review: The Most Popular IP Posts of 2020
January 14, 2021 | Blog | By Christina Sperry
As 2021 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2020. According to many readers, hot topics included Chinese foreign filing licenses, patenting involving either artificial intelligence (AI) or COVID-19, inter partes review, and attorney fee awards.
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Federal Circuit Awards Attorney Fees to the Defendant Following Dismissal of Lawsuit by Plaintiff
January 7, 2020 | Blog | By Ken Jenkins
The Federal Circuit affirmed a district court award of over $360,000 in costs and attorneys’ fees against a non-practicing entity, citing the need “to deter future abusive litigation.”
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Copy Cats: Evidence of Copying a Specific Product NOT Required
November 12, 2019 | Blog | By Ken Jenkins
On October 30, 2019, the Federal Circuit held that evidence of copying may be used to rebut an obviousness challenge, even if that evidence does not relate to the copying of a specific product. (Liqwd, Inc. v. L’Oreal USA, Inc.; appeal from PGR2017-00012).
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Prior Civil Action Bars IPR - A precedential decision
September 24, 2019 | Blog | By Ken Jenkins
On August 29, 2019, the Patent Trial and Appeal Board (PTAB) designated as precedential its January 31, 2019 decision in Cisco Systems, Inc. v. Chrimar Systems, Inc. In Cisco, the PTAB held that 35 U.S.C. § 315(a)(1) bars institution of IPR if the petitioner filed an earlier civil action, even if such action was voluntarily dismissed by the petitioner without prejudice.
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Under New Guidance: Patent Eligibility of Computerized Diagnostics at the PTAB
May 15, 2019 | Blog | By Ken Jenkins
We previously reported here on a Patent Trial and Appeal Board (PTAB) decision involving a case in which a patent eligibility rejection was overcome by replacing a “comparing” step with a recitation that the sample is from a particular patient population. However, because the eligibility rejection was dropped by the examiner before appeal, the PTAB did not revisit the issue.
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Prosecution Strategies for Avoiding Patent Eligibility Rejections for Diagnostics
November 19, 2018 | Blog | By Ken Jenkins
Under the Mayo/Alice test for patent eligibility, answering the questions of whether any particular claim is “directed to” a “judicial exception” without “significantly more” remains in many ways a substantial and unpredictable challenge for U.S. patent applicants in the diagnostic space. In cases where the detection processes are typically deemed “routine and conventional” (e.g., PCR) and the targets are known (e.g., expression of a known gene), claims must be crafted in ways that avoid rejections for both patent eligibility and anticipation and/or obviousness over the prior art. The recent PTAB decision in In re Srivastava et al. expressly addresses obviousness in this context, while highlighting a possible strategy for dealing with patent eligibility challenges as well (Appeal 2017-1981, Application 13/974,007, decided October 22, 2018; hereafter “In re Srivastava”).
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Inventorship
August 27, 2018 | Video | By Ken Jenkins
Ken Jenkins discusses the confusion surrounding inventorship and the need for inventors to maintain proper documentation once the initial inventorship determination is made to protect themselves as their patents gain value.
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News & Press
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
Kenneth Jenkins Honored Among 2023 "Leaders Of Influence In Life Sciences" By San Diego Business Journal
July 24, 2023
San Diego, CA – Mintz is pleased to announce that Member Kenneth E. Jenkins, Ph.D. was named to San Diego Business Journal's 2023 “Leaders of Influence in the Life Sciences” special edition, which recognizes industry leaders in the life sciences and highlights their careers and accomplishments.
BOSTON, MA – In the 2023 edition of 'IP Stars,' published by Managing Intellectual Property (Managing IP), Mintz achieved recognition in two nationwide categories and received acknowledgment for the exceptional performance of nine of its attorneys.
BOSTON– Mintz’s award-winning Intellectual Property (IP) Practice again earned national recognition in the 2023 edition of IAM Patent 1000 – The World’s Leading Patent Practitioners. The guide recognized Mintz with three firm-wide rankings and 10 attorneys received a total of 11 individual recommendations.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
SAN DIEGO – Mintz is pleased to announce that four attorneys have been named San Diego Super Lawyers and three have been recognized as Rising Stars in the 2023 edition of the annual publication.
Pharma Refines Tricks To Tackle Section 112 But Left Frustrated
October 14, 2022
Mintz Member Kenneth Jenkins was quoted in an article published by Managing IP discussing developments in Section 112.
Why Counsel Should Watch Novartis SCOTUS Appeal
September 22, 2022
How USPTO Pharma Reform Could Lower Counsel Spend
July 15, 2022
Mintz is pleased to share that two attorneys and the firm’s Patent practice have been shortlisted in the 2022 edition of Managing Intellectual Property’s (MIP) Americas Awards. The awards recognize the “remarkable achievements and developments” of firms, individuals and companies impacting the IP sector over the past year.
Mintz Practice Groups and Attorneys Garner Top Rankings in 2020 Edition of The Legal 500 United States
June 12, 2020
In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
Mintz Levin is pleased to announce that nine attorneys have been named San Diego Super Lawyers for 2018 while two others have been named San Diego Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Twelve Mintz Attorneys Named 2017 Southern California Super Lawyers and Rising Stars
February 14, 2017
Seven Mintz attorneys have been named Southern California Super Lawyers for 2017 and five have been named Southern California Rising Stars. Only five percent of area lawyers were named 2017 Southern California Super Lawyers and Rising Stars.
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
Ken is an intellectual property attorney practicing in the patent prosecution and counseling space. He provides creative and carefully considered patent strategies designed to maximize patent portfolio value. In addition to patent procurement, Ken counsels lenders and investors in assessing the value of patent assets through due diligence reviews, including validity analyses, freedom-to-operate analyses, and in-licensed technology investigations.
Recognition & Awards
- Recognized in Chambers USA: California – Intellectual Property: Patent Prosecution (2016 & 2017, 2021 – 2023)
- San Diego Business Journal, Leader of Influence in Life Sciences (2023)
- IAM Patent 1000 "World's Leading Patent Practitioners" (2016 & 2017, 2019 – 2023)
- Managing Intellectual Property: Patent star - California (2016 – 2023)
- Best Lawyers in America: Patent Law (2017 – 2024)
- San Diego Business Journal, Leaders in Law Award Finalist (2021)
- Best Lawyers in America: "Lawyer of the Year" for Patent Law (2021, 2024)
- San Diego Super Lawyers: Intellectual Property Law (2019 – 2023) / Southern California Super Lawyers Intellectual Property Law (2013-2017)
- Daily Journal Top IP Lawyers (2020)
- Recommended by The Legal 500 United States for Healthcare: Life Sciences (2020)
- San Diego Business Journal: "Best of the Bar" (2014 - 2015)
- San Diego Daily Transcript: “Transcript 10” attorney, Top Attorneys (2012)
- San Diego Daily Transcript: “Best Young Attorney” (2008)
- Young Investigator Award, Royal Society of Chemistry
Ken is an intellectual property attorney practicing in the patent prosecution and counseling space. He provides creative and carefully considered patent strategies designed to maximize patent portfolio value. In addition to patent procurement, Ken counsels lenders and investors in assessing the value of patent assets through due diligence reviews, including validity analyses, freedom-to-operate analyses, and in-licensed technology investigations.
Involvement
- Past president, San Diego Intellectual Property Law Association
- Member, BIOCOM Intellectual Property Committee
Recent Insights
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
San Diego, CA – Mintz is pleased to announce that Member Kenneth E. Jenkins, Ph.D. was named to San Diego Business Journal's 2023 “Leaders of Influence in the Life Sciences” special edition, which recognizes industry leaders in the life sciences and highlights their careers and accomplishments.
BOSTON, MA – In the 2023 edition of 'IP Stars,' published by Managing Intellectual Property (Managing IP), Mintz achieved recognition in two nationwide categories and received acknowledgment for the exceptional performance of nine of its attorneys.
