Jenny Chen, Ph.D.
Subscribe to Jenny Chen, Ph.D.'s PostsJenny Chen, Ph.D. counsels both US and international clients in a wide-array of patent-related matters in the life science space, including prosecution, opinion, due diligence, licensing and post-grant proceedings. Her practice focuses on matters including antibodies, cell therapies, gene therapies, small molecule therapeutics, diagnosis and pharmaceutical formulations. Read Jenny Chen's full bio.
Outlier? Split Federal Circuit Denies En Banc Review of Written Description Requirement
By Jenny Chen, Ph.D. on Mar 31, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit denied a patent owner’s request for en banc rehearing of a panel decision that invalidated a patent for lack of written description on the basis that a person of skill in the art would not be able to recognize the clinical efficacy of the claimed dose...
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Post-AIA Patents Are Not Shielded from Interferences
By Jenny Chen, Ph.D. on Dec 16, 2021
Posted In Patents
Addressing the applicability of interference proceedings to patent applications filed after the Leahy-Smith America Invents Act (AIA) was enacted, the Patent Trial & Appeal Board (Board) found it proper to declare an interference between a patent application with a priority date before March 16, 2013, the AIA implementation date, and a patent with a priority...
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It’s Not Esoteric: Absent Ambiguity, Plain Contractual Language Governs
By Jenny Chen, Ph.D. on Nov 4, 2021
Posted In Patents
Rudimentary principles of contract law stipulate that words in a contract that are plain and free from ambiguity must be understood in their usual and ordinary sense. Applying such principles, the US Court of Appeals for the First Circuit vacated a district court’s damages award of more than $1 million under a patent license agreement,...
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Inventions Not Made Under Employment Agreement
By Jenny Chen, Ph.D. on Apr 22, 2021
Posted In Patents, Trade Secrets
Applying a “middle ground” standard of review, the US Court of Appeals for the First Circuit affirmed a district court’s decision denying a company’s request for a declaratory judgment asking a former employee to assign patent rights to the company under the employment and separation agreements, because there were inconsistencies in the jury verdict. Covidien...
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