Donald Zuhn

Donald Zuhn

McDonnell Boehnen Hulbert & Berghoff LLP

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Representatives Seek Protections for Hatch-Waxman and BPCIA in Innovation Act

Last month, in a letter to Congressional leadership, 79 Members of Congress expressed their support for the Innovation Act (H.R. 9) but sought inclusion of language in the bill "to preserve the integrity of the Drug Price...more

8/7/2015 - America Invents Act BPCIA Drug Manufacturers FDA Approval Generic Drugs Hatch-Waxman Innovation Act Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents Pharmaceutical Manufacturers Pharmaceutical Patents Prescription Drugs USPTO

Drew Hirshfeld Appointed as New Commissioner of Patents

The U.S. Patent and Trademark Office announced earlier today that U.S. Secretary of Commerce Penny Pritzker has appointed Deputy Commissioner for Patent Examination Policy Drew Hirshfeld to be the new Commissioner for Patents...more

7/31/2015 - Administrative Appointments America Invents Act First-to-File First-to-Invent Inventors Patent Examinations Patent-Eligible Subject Matter Policy Drafting Supplemental Examination USPTO

Daiichi Sankyo Co. v. Lee (Fed. Cir. 2015)

Earlier this month, in Daiichi Sankyo Co. v. Lee, the Federal Circuit affirmed the decision by the District Court for the District of Columbia granting summary judgment to the Director of the U.S. Patent and Trademark Office...more

7/21/2015 - Administrative Procedure Act America Invents Act Judicial Review Patent Litigation Patent Term Adjustment Patents Summary Judgment USPTO

Allergan Fights Back, Files Complaint Against Venture Fund That Filed IPR Petition

Last month, Allergan, Inc. and Allergan Sales, LLC filed suit against Ferrum Ferro Capital, LLC and Kevin Barnes ("FFC") in the U.S. District Court for the Central District of California, alleging that FFC attempted to extort...more

7/14/2015 - America Invents Act ANDA Extortion FDA Inter Partes Review Proceedings Malicious Prosecution Patent Litigation Patents Prior Art Unfair Competition Validity

Group of National and State Organizations Asks Congress to Enact Legislative Reforms to Maintain Strong Patent System

Last month, more than 90 national and state advocacy organizations sent a letter to the leadership of the House and Senate Judiciary Committees, urging Congress to enact legislative reforms that will maintain a strong and...more

6/2/2015 - America Invents Act Patent Invalidity Patent Reform Patent Trial and Appeal Board Patents Pharmaceutical Pharmaceutical Manufacturers Prescription Drugs USPTO

Legislation Introduced in House to Eliminate Uncertainty Regarding AIA Grace Period

Last week, legislation was introduced in the House of Representatives that would amend 35 U.S.C. § 102(b) "to correct the drafting problem in the Leahy-Smith America Invents Act relating to the grace period." The bill,...more

4/21/2015 - America Invents Act Grace Period Inventors Patents Pending Legislation Public Disclosure

USPTO Launches Enhanced Patent Quality Initiative

In a notice published in the Federal Register last month (80 Fed. Reg. 6475), the U.S. Patent and Trademark Office announced that it is launching a comprehensive and enhanced patent quality initiative. As part of this...more

3/6/2015 - America Invents Act Patents Public Comment Quality Control Plan USPTO

Top Three Stories of 2014

After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list oftop patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

1/8/2015 - America Invents Act AMP v Myriad CLS Bank v Alice Corp DNA Genetic Materials Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Post-Grant Review USPTO

Top Stories of 2014: #10 to #7

After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

1/5/2015 - America Invents Act BPCIA CLS Bank v Alice Corp FDA Fee-Shifting Highmark v. Allcare Octane Fitness v. ICON Patent Trolls Patents Pharmaceutical Patents Sandoz SCOTUS

USPTO Issues Final Rule to Implement PTA Provisions of AIA Technical Corrections Act and Provide Optional Procedure for Requesting...

On May 15, the U.S. Patent and Trademark Office published a Federal Register notice (79 Fed. Reg. 27755) to adopt as final changes to the rules of practice implementing the patent term adjustment (PTA) provisions of section...more

5/30/2014 - America Invents Act Patent Reform Patent Term Adjustment Patent Terms Patent Trial and Appeal Board Patents USPTO

More Q&A from Webinar on Top Patent Law Stories of 2013

On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more

1/24/2014 - 23andMe America Invents Act AMP v Myriad Biotechnology Bowman v Monsanto FTC v Actavis Innovation Act Life Sciences Monsanto Myriad Patent Infringement Patent Litigation Patent Reform Patent Trolls Patents Pharmaceutical SCOTUS

Top Three Stories of 2013

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

1/6/2014 - America Invents Act AMP v Myriad Biotechnology Bowman v Monsanto DNA First-to-File First-to-Invent Genetic Materials Genetically Engineered Seed Human Genes Inventors Monsanto Patent Infringement Patent Litigation Patent Reform Patents Pharmaceutical SCOTUS

Top Stories of 2013: #4 to #6

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

1/3/2014 - Actavis Inc. America Invents Act Computer-Related Inventions FTC FTC v Actavis Patent Law Treaty Patent-Eligible Subject Matter Patents Reverse Payment Settlement Agreements SCOTUS USPTO

Coalition Opposes Expansion of AIA § 18

Last week, a coalition of more than 100 companies and organizations including the Biotechnology Industry Organization (BIO), the California Healthcare Institute (CHI), and Eli Lilly & Company, sent a letter to Congressional...more

9/24/2013 - America Invents Act Biotechnology First-to-File First-to-Invent Patent Reform Patents

Op-Eds in The Scientist Debate Impact of the AIA

Two Op-Eds appearing in The Scientist over the summer present competing views on the impact of the Leahy-Smith America Invents Act. In an article published in July, Dr. George Lewis, the Chief Scientific Officer and...more

9/6/2013 - America Invents Act Biotechnology First-to-File First-to-Invent Patent Reform Small Business

Congress Continues Efforts to "Reform" U.S. Patent Law

It has been less than three months since the remaining provisions of the Leahy-Smith America Invents Act (AIA) took effect, and just short of five months since the AIA Technical Corrections Act was enacted to "correct and...more

6/11/2013 - America Invents Act Infringement Patent Reform Patent Trolls Patents Proposed Legislation USPTO

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Comments on New AIA Rules

On March 16, 2013, the final (and most significant) portion of the Leahy-Smith America Invents Act (AIA) took effect, and the United States broke from a first-to-invent regime to a first-inventor-to-file (FITF) regime. Of...more

5/14/2013 - America Invents Act First-to-File First-to-Invent Patent Applications Patent Reform Patents

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

In This Issue: Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more

5/13/2013 - America Invents Act China Costco Fees First-to-File Generic Inventors Micro Entity Status Misappropriation Patent Reform Patents Tiffany and Company Trade Secrets Trademarks USPTO

USPTO Issues Rules to Implement AIA Technical Corrections

In the past week, the U.S. Patent and Trademark Office has published two Federal Register notices to implement technical corrections to the Leahy-Smith America Invents Act. On Monday, the Office issued an interim final rule...more

4/4/2013 - Amended Legislation America Invents Act Patent Reform Patent Term Adjustment Patents USPTO

USPTO Issues First-Inventor-to-File Examination Guidelines and Final Rule

In a press release issued earlier today, the U.S. Patent and Trademark Office announced that examination guidelines and the final rule for implementing the first-inventor-to-file (FITF) provisions of the Leahy-Smith America...more

2/14/2013 - America Invents Act EPO Filing Deadlines First-to-File First-to-Invent JPO Patent Reform Patents Prior Art USPTO WIPO

Preparing for the Final Phase of the America Invents Act Going Into Effect March 16, 2013

The final phase of the America Invents Act (AIA) takes effect on March 16, 2013. This means that any patent application filed in the U.S. on or after that date, which, at any time during its pendency, contains a claim that is...more

2/12/2013 - America Invents Act First-to-File First-to-Invent Patent Reform Patents Provisional Applications USPTO

USPTO Publishes Final Rule Setting Patent Fees

Last Friday, the U.S. Patent and Trademark Office published a final rule in the Federal Register (78 Fed. Reg. 4212) setting and adjusting certain patent fees pursuant to the Office's fee-setting authority under § 10 of the...more

1/22/2013 - America Invents Act Patent Fees Patent Reform Patents USPTO

Top Three Stories of 2012

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

1/4/2013 - America Invents Act DNA Human Genes Mayo v. Prometheus Myriad Patent Reform Patent-Eligible Subject Matter

Top Stories of 2012: #12 to #15

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

1/2/2013 - America Invents Act Biotechnology Copyright Patent Reform Patents Pharmaceutical Request for Continued Examination

USPTO Issues Final Rule Implementing Micro Entity Status

Last week, the U.S. Patent and Trademark Office published a notice in the Federal Register (77 Fed. Reg. 75019) issuing the Office's final rule implementing the micro entity provision of § 10 of the Leahy-Smith America...more

12/28/2012 - America Invents Act Micro Entity Status Patent Fees Patent Reform Patents USPTO

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