Jennifer R. Bush

Associate, Intellectual Property  

Mountain View 650.335.7213


Jennifer Bush focuses her practice on prosecuting patent applications in a wide range of technical fields, including computer software, Internet technologies, RFID, and business methods. Jennifer also has patent prosecution experience with life sciences and medical devices. Her practice also involves intellectual property strategy and counseling, as well as inter partes reviews, patent appeals and reexaminations. Jennifer has analyzed intellectual property issues for numerous due diligence and litigation matters.

In addition to providing legal services for her clients, Jennifer is a Lecturer-in-Law at the University of California, Davis School of Law, where she teaches patent prosecution and practice. She is also a member of the faculty at the Practicing Law Institute, and co-chair of the annual Fundamentals of Patent Prosecution boot camp.  She has lectured on topics related to patent law at the University of California, Hastings College of the Law and Santa Clara University School of Law.

During law school, Jennifer was awarded the faculty-selected Mabie Award for Outstanding Graduate, peer-selected Graduating Student of the Year, and served as Editor-in-Chief of the Santa Clara Law Review.

Prior to rejoining Fenwick & West, Jennifer was General Counsel with Apercen Partners LLC, serving as sole counsel for seven entities spanning a breadth of legal issues, including IP, employment, contract, securities, tax and general compliance matters. Before her time with Apercen Partners LLC, she was an associate at Fenwick & West from 2003 to 2011.

Follow Jennifer’s commentary on IPR and related issues on Between the Parties Blog​.

Selected Publications

  • Jennifer R. Bush, Judicial Estoppel Does Not Bar Assertion of Invalidity Defenses Raised But Not Instituted in IPR, Between the Parties blog, December 2016.
  • Jennifer R. Bush, Cuozzo Court Concludes “Hybrid” Inter Partes Review a Specialized Procedure within Patent Office Agency Proceedings, Between the Parties blog, September 2016
  • Jennifer R. Bush, The Problem of Non-instituted Grounds, Part II – Lessons from Liberty Mutual, Between the Parties blog, September 2016
  • Jennifer R. Bush, The Problem of Non-instituted Grounds, Part I – “Could Have,” Would Have, Should Have, Between the Parties blog, August 2016
  • Jennifer R. Bush, Review Proposed USPTO Rules, Daily Journal, September 2015
  • Jennifer R. Bush, Claim Construction and Amendment Procedure During PTAB Trials: Up for Comment, Daily Journal, September 201.
  • Jennifer R. Bush, Administrative Patent Judges: Not Your Typical Federal Judge, Daily Journal, July 2014
  • Jennifer R. Bush and Robert R. Sachs, Prometheus Unbound, SciTech Lawyer, October 2013
  • Jennifer R. Bush and Robert R. Sachs, Prometheus Unbound II: Does Prometheus’ Claim Recite a Law of Nature?, Bilski Blog, July 2013
  • Jennifer R. Bush and Robert R. Sachs, Prometheus Unbound: The Untethering of Laws of Nature and Patent Eligibility from Scientific Reality, Bilski Blog, July 2013
  • Robert A. Hulse, Puneet Sarna, Rajendra Panwar, and Jennifer R. Bush, Section 102 and the MPEP, in Prior Art & Obviousness 2010: Current Trends In Section 102 & 103 (Practising Law Institute), June 2011 
  • Jennifer R. Bush and Stuart P. Meyer, The Tortoise, the Hare, and the Status Quo, FENWICK & WEST IP BULLETIN, Fall 2010, at 3
  • Rajiv P. Patel and Jennifer R. Bush, An Introduction to U.S. Patent Prosecution, in Fundamentals Of Patent Prosecution 2010: A Boot Camp For Claim Drafting & Amendment Writing (Practising Law Institute), July 2010, at 385
  • Jennifer R. Bush, Traveling Together Along the Patent Prosecution Highway, IP Review Online, March 2010
  • Jennifer R. Bush, The Patent Prosecution Highway: An Expanding Option for Multinational Patent Filings, Fenwick & West IP Bulletin, Summer 2009, at 1
  • Jennifer R. Bush and Rajiv P. Patel, Giving Another Look to Patent Reexaminations, Fenwick & West IP Bulletin, Spring 2008, at 2
  • Jennifer R. Bush and Rajiv P. Patel, Patent Possibilities, Los Angeles Daily Journal, March 2008, at 7
  • Jennifer R. Bush, The Patent Prosecution Highway: A First Step for International Patent Harmonization?, Fenwick & West IP Bulletin, Fall 2006, at 3
  • Jennifer R. Bush, Closer View Sees Bumps in the Patent Prosecution Highway, Los Angeles Daily Journal, September 2006, at 9
  • Jennifer R. Bush, ‘Phillips’ May Decide Conflict in Patent Claim Construction, Los Angeles Daily Journal, December 2004, at 7
  • Jennifer R. Johnson, Out of Context: Texas Digital, the Uncertainty of Language, and the Search for Ordinary Meaning, 44 IDEA 521, 2004
  • Jennifer R. Johnson, It’s a Small World After All: Proposed Solutions for Global Antitrust in a System of National Laws, 1 Santa Clara J. of Int’l Law 118, 2003
  • Jennifer R. Johnson, Employers Take Note, State Bar of California Diversity Newsletter, Fall 2003
  • Jennifer R. Johnson and Ami Mudd DeCelle, Book Review: The World Court in Action: Judging Among the Nations, 43 Santa Clara L. Rev. 319 (2002), reprinted in UN 21 Newsletter, October 2003

Sample Patents

Microelectromechanical Systems

Radio-frequency Identification

Polarizing Light Filters

Predictive Modeling

Object-oriented Processing

Database Management and Data Analytics

Data Security

Image Recognition

Information Retrieval

Media Streaming

User Interface/Graphics

Immunological Assays

Medical Device