Photo of Whitney B.E. Jenkins

Prior to joining Marshall Gerstein as an Associate in 2023, Whitney served as a Summer Associate within the IP Litigation practice after her first and second years of law school.

Whitney focuses her practice on patent litigation within Marshall Gerstein's Biotechnology & Life Sciences practice. She handles matters in pharmaceuticals, diagnostics, biotechnology, and healthcare. Read full bio here.

In Virtek Vision Int’l. ULC v. Assembly Guidance Systems, Inc. the Federal Circuit reversed in part the PTAB’s final written decision in an IPR petition filed by Assembly Guidance, on the basis that the petition failed to identify a motivation to combine elements present in the prior art, stating that: “A reason for combining must exist.” Virtek Vision Int’l ULC v. Assembly Guidance Sys., Inc., 97 F.4th 882, 888 (Fed. Cir. 2024). The Court determined that Assembly Guidance had failed to provide any reasoning why one skilled in the art would be motivated to combine the disclosures of the prior art references, and therefore did not show that the challenged claims were unpatentable.Continue Reading Give Me ONE Reason: Federal Circuit Requires At Least One Reason for Motivation to Combine