Kenneth E. Jenkins, PhD

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[email protected]

+1.858.314.1082

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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

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How Can the Updated USPTO Guidance on Determining Obviousness Help You?

March 7, 2024 | Blog | By Peter Hecker, PhD, Jenny Chen, PhD, Ken Jenkins, Christina Sperry

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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is insufficient to rebut a charge of obviousness (L’Oreal USA, Inc. v. Olaplex, Inc.; appeal from PGR2018-00025; non-precedential).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

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One Hundred Twenty Mintz Attorneys Ranked as Leaders by Best Lawyers 2024

August 17, 2023

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©.
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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.
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Mintz Recognized In 2023 Managing Intellectual Property Magazine’s ‘IP Stars’

July 20, 2023

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.
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Mintz’s Intellectual Property Practice Receives Recognition In 2023 IAM Patent 1000

June 30, 2023

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.
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Chambers USA Ranks 39 Mintz Practices and 81 Individual Attorneys

June 01, 2023

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.
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Mintz Sponsors San Diego State University Entrepreneur Awards

May 23, 2023

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Seven Mintz Attorneys Recognized in 2023 San Diego Super Lawyers Guide

March 30, 2023

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.
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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.
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Why Counsel Should Watch Novartis SCOTUS Appeal

September 22, 2022

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One Hundred Eight Mintz Attorneys Ranked as Leaders by Best Lawyers 2023

August 18, 2022

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How USPTO Pharma Reform Could Lower Counsel Spend

July 15, 2022

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Mintz Again Named Leading Firm for Patent Prosecution And Litigation By IAM Patent 1000

June 29, 2022

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Eleven Mintz Attorneys Recognized in 2022 Edition Of IP Stars by Managing Intellectual Property

June 15, 2022

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Eighty-three Mintz Attorneys And 34 Practices Recognized in Chambers USA 2022

June 01, 2022

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Nine Mintz Attorneys Recognized as San Diego Super Lawyers and Rising Stars for 2022

March 31, 2022

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Mintz Shortlisted for 3 Managing Intellectual Property Americas Awards 2022

February 17, 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. 
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One Hundred Six Mintz Attorneys Ranked as Leaders by Best Lawyers 2022

August 19, 2021

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Mintz Lauded as a Leading Firm for Patent Litigation and Prosecution, Ten Practitioners Recognized in Latest Edition of IAM Patent 1000

July 08, 2021

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Mintz Intellectual Property Attorneys Recognized as 2021 IP Stars by Managing Intellectual Property

July 01, 2021

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Sixty-Nine Mintz Attorneys and 19 Practices Recognized by Chambers USA 2021

May 20, 2021

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Seven Mintz Attorneys Recognized as 2021 San Diego Super Lawyers

March 31, 2021

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Mintz Member Adam Lenain Honored Among San Diego Business Journal 2020 Leaders in Law Winners

November 17, 2020

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One Hundred Ten Mintz Attorneys Ranked as Leaders by Best Lawyers 2021

August 20, 2020

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Mintz Member Kenneth Jenkins Appointed to the Dean’s Leadership Council of UC San Diego’s Prestigious Division of Biological Sciences

August 18, 2020

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Mintz Intellectual Property Attorneys Recognized by Managing Intellectual Property

June 25, 2020

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Twelve Mintz Attorneys Named Top Patent Professionals in the Latest Edition of IAM Patent 1000

June 15, 2020

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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.
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Ten Mintz Attorneys Recognized as 2020 San Diego Super Lawyers and Rising Stars

April 02, 2020

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Mintz Member Kenneth Jenkins Named to Daily Journal’s 2020 Top IP Lawyers List

March 20, 2020

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One Hundred Mintz Attorneys Ranked as Leaders by Best Lawyers 2020

August 15, 2019

Seven Mintz Attorneys Named Top Patent Professionals in the Latest Edition of IAM Patent 1000

June 27, 2019

Mintz Attorneys Named 2019 San Diego Super Lawyers and Rising Stars

March 22, 2019

Eighty-Nine Mintz Attorneys Included in the Best Lawyers in America, 2019 Edition

August 15, 2018

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Mintz's Intellectual Property Attorneys Recognized as Patent and Trademark Stars by Managing Intellectual Property

June 25, 2018

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Eleven Mintz Attorneys Named 2018 San Diego Super Lawyers and Rising Stars

April 19, 2018

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. 
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Eighty-Five Mintz Attorneys Included in the Best Lawyers in America, 2018 Edition

August 15, 2017

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.  

Seventy-Three Mintz Attorneys Included in The Best Lawyers in America, 2017 Edition

August 15, 2016

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. 

Six Mintz Attorneys Recognized As Leading Patent Practitioners

June 01, 2016

49 Mintz Attorneys Featured in Chambers USA 2016 Guide

May 31, 2016

Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings

Eight Mintz Attorneys Named Best of the Bar by San Diego Business Journal

April 23, 2015

Mintz Further Bolsters IP Practice and West Coast Presence with Addition of Kenneth E. Jenkins

January 30, 2015

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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

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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
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Offices

Admissions

  • California
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern District of California
  • United States Patent and Trademark Office

Related Industries

Related Practices

Education

    • University of California - Hastings College of the Law (JD)
    • University of Colorado (PhD, Chemistry and Biochemistry)
    • University of Texas (BS, Biochemistry)

Recent Insights

Intellectual Property Viewpoints Thumbnail

How Can the Updated USPTO Guidance on Determining Obviousness Help You?

March 7, 2024| Blog|

Press Release Thumbnail

One Hundred Twenty Mintz Attorneys Ranked as Leaders by Best Lawyers 2024

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©.
Press Release Thumbnail

Kenneth Jenkins Honored Among 2023 "Leaders Of Influence In Life Sciences" By San Diego Business Journal

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.

Kenneth E. Jenkins, PhD

Member

San Diego