Rob Jensen

Rob Jensen provides a broad range of patent counseling services, specializing in patent preparation and prosecution, patent portfolio management, drafting opinions regarding patent infringement and validity, patentability and freedom to operate studies, and post-grant work including reissue patent applications and reexaminations, as well as technical and legal support for patent litigation.

Recent Posts

Unreasonable Claim Construction No Defense to Induced Infringement

Posted by Rob Jensen on Aug 31, 2016

Rob Jensen

In Warsaw Orthopedic v. NuVasive, the Federal Circuit addressed the evidence necessary to establish the “intent” requirement for induced infringement. Even though a party may not be liable for direct infringement of a patent, it may be liable for induced infringement where it encourages another to perform acts that do directly infringe the patent. This case follows on the heels of the Supreme Court’s decisions in Global-Tech and Commil.

What This Means to You

  • Draft claims to cover direct infringers.
  • Intent to induce infringement is fact-specific and will be left to the fact-finder.
  • Lack of intent is not a reliable shield to liability for induced infringement.
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Federal Circuit Deep-Sixes IV Patents under Alice

Posted by Rob Jensen on Mar 23, 2016

Rob Jensen

In Intellectual Ventures v. Capital One, the Federal Circuit applied Alice v. CLS Bank in sweeping aside two internet-related patents asserted by Intellectual Ventures. Holding the asserted claims to be ineligible abstract ideas, the court broadly cited the lack of an “inventive concept” in the claims.

What This Means to You

  • Draft patent specifications to emphasize the technical solution to a technical problem.
  • After Alice, be wary of overly broad claim drafting or claim construction arguments.
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Wolf Greenfield's CAFC Blog

Here, Wolf Greenfield attorneys summarize and identify key takeaways from recent patent law cases decided by the U.S. Court of Appeals for the Federal Circuit. View past case summaries here.

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.