JesseA.
Salen

PartnerDel Mar Office Recruiting Chair
LINKEDIN
Jesse Salen

Overview

Jesse Salen is a seasoned trial attorney who resolves complex intellectual property disputes through settlements and trial victories. He creates value for bleeding edge technology and life sciences companies by protecting their inventions, ideas, and brands through sophisticated IP portfolios and strategic enforcement and defense.

Clients benefit from Jesse’s unique perspective, shaped by more than a decade of IP litigation and prosecution experience and 16 years in the technology and life sciences industries. Before entering private practice, he led a venture-backed telemedicine startup and developed innovative products and services for GE Healthcare, Hitachi Data Systems, Memorial Sloan Kettering Cancer Center and Micrion Corporation. With a physics degree and an MBA, Jesse understands both the science and business behind the innovations he defends.

Patent Litigation

Jesse develops and executes enforcement and defense strategies across medical devices, pharmaceuticals, wireless communications and other technologies. He has litigated Hatch-Waxman (ANDA) cases, inter partes review (IPR) proceedings before the PTAB and design patent matters, and has resolved disputes through successful motions-to-dismiss under Alice.

Patent Counseling, Prosecution, and Licensing

Admitted to practice before the USPTO, Jesse advises on portfolio development, freedom-to-operate, and IP transactions, including licensing technologies from universities to startups.

Trademark and Copyright

Jesse protects brands and creative works through licensing and litigation, including infringement, opposition, and cancellation proceedings in district court and before the TTAB.

Appeals

Appeals of patent and trademark decisions before the Federal Circuit and Ninth Circuit are part of Jesse’s practice, where he handles both briefing and oral argument.

Dedicated to service, Jesse serves on the firm’s pro bono committee and advocates for individuals seeking asylum.

Experience

Patent Litigation (Representative Cases): 

American Well Corporation v. Teladoc, Inc., Case No. 1-15-cv-12274 (D. Mass.): Successfully achieved dismissal of lawsuit with prejudice for Teladoc and invalidated American Well’s asserted patents because they are directed towards abstract ideas under 35 U.S.C. § 101 (Alice).

H. Lundbeck A/S et al v. Apotex Inc. et al, Case No. 1-18-cv-00088 (D. Del.): Attained complete non-infringement trial verdict for Alembic Pharmaceuticals in Hatch-Waxman dispute over four patents covering the generic form of vortioxetine hydrobromide, an anti-depressant which is marketed by Takeda as Trintellix®.

Sanderling Management Ltd. v. Snap Inc., Case No. 21-cv-02324 (C.D. Cal.): Successfully achieved dismissal of lawsuit with prejudice for Snap Inc. and invalidated all of Sanderling’s asserted patents because they are directed towards abstract ideas under 35 U.S.C. § 101 (Alice).  Successfully attained affirmance on appeal to the Federal Circuit Court of Appeals (Case No. 21-2173).

SkimDevil Pure LLC d/b/a Skimdevil v. Skimbot, LLC et al, Case No. 6-21-cv-00954 (W.D.T.X.): Achieved favorable resolution for SkimDevil in patent and copyright enforcement action involving robotic pool skimmer technology.

TCL Communication Technology Holdings, Ltd. et al. v. Telefonaktiebolaget LM Ericsson et al., Case No. 8:14-cv-341 (C.D. Cal): Trial team attained verdict setting highly favorable FRAND royalty rates for TCL on wireless cellular communication patents in one of the largest Standard Essential Patent (SEP) disputes brought in the Central District of California.

Inter Partes Review (Representative Cases):

Gridco, Inc. v. Varentec, Inc., Nos. IPR2017-01134, IPR2017-01135. Successfully defeated institution of IPR petitions asserted against Varentec’s patents by Gridco.

KSP Co. LTD v. Guala Pack S.P.A., No. IPR2016-01065. Represented Petitioner KSP in an Inter Partes Review proceeding challenging a patent directed to tamper proof packaging.

TCL Corporation et al. v. Telefonaktiebolaget LM Ericsson, Nos. IPR2015-1602, IPR2015-1637, IPR2015-1641, IPR2015-1646, IPR2015-1674, IPR2015-1676, IPR2015-1761, and IPR2015-1806. Successfully invalidated all asserted claims from four patents asserted against TCL in eight different Inter Partes Review proceedings relating to touchscreen technology as used in wireless handsets.

Teladoc, Inc. v. American Well Corp, Nos. IPR2015-00924, IPR2016-00100, IPR2016-00101, IPR2016-01167. Represented Petitioner Teladoc in four different Inter Partes Review proceedings challenging two patents directed to telemedicine software.

Trademark and Other Litigation (Representative Cases): 

Atara Biotherapeutics, Inc. v. Allogene Therapeutics, Inc., Opposition Nos. 91247175, 91247177 (TTAB): Attained completed trial victory for Atara in an TTAB opinion that refused trademark registration to Allogene for the terms ALLOCAR T and AUTOCAR T and protecting Atara’s ability to freely use those terms.

Jayden Star LLC v. Ken Craft, Inc., No. 16-cv-00064 (ED Tex).  Achieved favorable resolution for Jayden Star in in an action protecting Jayden Star’s trade dress, trademark, copyrights.

Prestige Flag Mfg. Co., Inc. v. Golf Solutions I, LLC et al., No. 3:14-cv-2945 (SD Cal). Represented Prestige in an action for breach of contract.

RamSoft, Inc. v. Imaging Advantage, LLC et al., No. 14-cv-335 (CD Cal). Achieved favorable resolution for RamSoft in an action for breach of contract, copyright infringement, copyright management information removal/alteration, trade secret misappropriation, and intentional interference with contract involving medical imaging software.

San Diego County Credit Union v. Citizens Equity First Credit Union, Case No. 18-cv-00967-GPC-MSB (S.D. Cal.): Attained complete non-infringement decision for San Diego County Credit Union at summary judgement and a trial verdict invalidating one of the asserted trademarks.   

Representative Patent and Trademark Prosecution Clients: 

Chevron, Caltech, ChromaCode, Inc., Esperto Medical, Inc., Next Orthopedic, DICOM Systems, RamSoft, Piper Networks, Yobe, Bosa Development, Council for Affordable Quality Healthcare, Clover Health, Concorde Battery, and San Diego County Credit Union.

Credentials
Education

J.D., University of San Diego, 2013, magna cum laude, Order of the Coif, Appellate Clinic Outstanding Legal Intern

M.B.A., University of California, Irvine, 2006, Dean's Scholar, Beta Gamma Sigma Honor Society

B.A., Physics, Boston University, 1997, cum laude

Admissions

California

Southern District of California

Central District of California

Northern District of California

Eastern District of California

Federal Circuit Court of Appeals

Ninth Circuit Court of Appeals

U.S. Patent and Trademark Office

Supreme Court of the United States