Donald Zuhn

Donald Zuhn

McDonnell Boehnen Hulbert & Berghoff LLP

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Deadline Approaching to Migrate USPTO Deposit Accounts to Financial Manager

Last week, the U.S. Patent and Trademark Office sent an e-mail alert reminding practitioners and applicants that the deadline for migrating their deposit accounts and electronic funds transfer accounts (EFTs) is June 30,...more

6/29/2016 - EFTs Electronic Fund Transfer Act Online Payments Patent Fees Patents USPTO

Immersion Corp. v. HTC Corp. (Fed. Cir. 2016) - Continuation Application Filed on Same Day Parent Issues Satisfies § 120...

Last week, in Immersion Corp. v. HTC Corp., the Federal Circuit reversed the decision of the District Court for the District of Delaware that U.S. Patent No. 7,148,875 ("the '875 patent"), assigned to Immersion Corp....more

6/27/2016 - Appeals Patent Applications Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Same-Day Continuations Summary Judgment

Amicus Briefs in Support of Sequenom's Petition for Certiorari: Dr. Chakrabarty, A Scientist's View

In March, following the Federal Circuit's denial of Sequenom's petition for rehearing en banc, Sequenom filed a petition for certiorari for Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v....more

6/20/2016 - Amicus Briefs Ariosa CLS Bank v Alice Corp Myriad-Mayo Patent-Eligible Subject Matter Patents Petition for Writ of Certiorari Pharmaceutical Patents SCOTUS Section 101 Sequenom

Amicus Briefs in Support of Sequenom's Petition for Certiorari: Eli Lilly and Company et al.

In March, following the Federal Circuit's denial of Sequenom's petition for rehearing en banc, Sequenom filed a petition for certiorari for Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v....more

6/17/2016 - Abstract Ideas Amicus Briefs Ariosa Eli Lilly Patent-Eligible Subject Matter Patents Petition for Writ of Certiorari Pfizer Pharmaceutical Patents Product of Nature Doctrine SCOTUS Sequenom

Colombian Organizations Send Letter to CEWG Regarding Imatinib Compulsory License

In letter from three Colombian organizations to the Chairman of the World Health Organization (WHO) 2016 Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG) (posted on the...more

6/13/2016 - Colombia Compulsory Licenses Research and Development TRIPS Agreement World Health Organization

Subject Matter Eligibility Guidance -- Example on Screening for Gene Alterations

Last month, the U.S. Patent and Trademark Office issued further guidance for determining subject matter eligibility under 35 U.S.C. § 101. In addition to a memorandum on subject matter eligibility determinations that was...more

6/10/2016 - BRCA Diagnostic Method DNA Life Sciences Patent-Eligible Subject Matter Patents Section 101 USPTO

USPTO Selects Topics for Quality Case Study Pilot Program

In December, the U.S. Patent and Trademark Office invited stakeholders to submit patent quality-related topics that could be used as case studies in a new Enhanced Patent Quality Initiative (EPQI) pilot program. At the time,...more

6/1/2016 - Patent Applications Patent-Eligible Subject Matter Patents Section 101 USPTO USPTO Pilot Program

Subject Matter Eligibility Guidance -- Example on Diagnosing and Treating Julitis

Last week, the U.S. Patent and Trademark Office issued further guidance for determining subject matter eligibility under 35 U.S.C. § 101. In addition to a memorandum on subject matter eligibility determinations that was...more

5/13/2016 - Guidance Update Life Sciences Patent Litigation Patent-Eligible Subject Matter USPTO

USPTO Issues Update to Subject Matter Eligibility Guidance

In a notice published in the Federal Register (88 Fed. Reg. 27381) on Friday, the U.S. Patent and Trademark Office issued further guidance for determining subject matter eligibility under 35 U.S.C. § 101. The notice,...more

5/10/2016 - Abstract Ideas Life Sciences New Guidance Patent-Eligible Subject Matter USPTO

Amici Support Certiorari in Sequenom v. Ariosa

In response to Sequenom's March 21 petition for certiorari seeking Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc. (see "Sequenom Petitions for Certiorari"), a total of...more

5/3/2016 - Ariosa Certiorari Patent-Eligible Subject Matter Patents Product of Nature Doctrine Sequenom

USPTO Seeks Comments on New Patent Quality Metrics

In a notice published in the Federal Register (81 Fed. Reg. 16142) last month, the U.S. Patent and Trademark Office announced that new patent quality metrics were being designed for use in FY2017 and that the Office was...more

5/2/2016 - Corporate Counsel Federal Register Patent Quality Metrics Patents Public Comment USPTO

Public Health Organizations Urge Congress to Reject Trans-Pacific Partnership Agreement

In a letter sent to members of Congress earlier this month, 58 public health organizations urged Congress to reject the Trans-Pacific Partnership (TPP) in its current form, stating that the coalition was "alarmed by the...more

4/19/2016 - Pharmaceutical Industry Pharmaceutical Patents Prescription Drugs Public Health Trade Agreements Trans-Pacific Partnership

Members of Congress Seek NIH Hearing on Use of March-in Rights

On March 28, 2016, a dozen members of Congress sent a letter to Sylvia Mathews Burwell, the Secretary of the Department of Health and Human Services, and Dr. Francis Collins, the Director of the National Institutes of Health...more

4/12/2016 - March-in NIH Pharmaceutical Industry Public Hearing Secretary of HHS

IPO Responds to USPTO Call for Case Study Topics

In December, the U.S. Patent and Trademark Office invited stakeholders to submit patent quality-related topics that they believe should be the subject of a case study as part of a new Enhanced Patent Quality Initiative pilot...more

3/16/2016 - IPO Patents USPTO USPTO Pilot Program

USPTO News Briefs - March 2016

USPTO Seeks Sample Applications for eMod Project - The U.S. Patent and Trademark Office distributed a Patents Alert USPTO News e-mail last week requesting that stakeholders provide .docx sample applications for testing...more

3/9/2016 - E-Commerce Patent Applications Patents Technology USPTO

USPTO Issues Performance and Accountability Report for FY 2015

The U.S. Patent and Trademark Office recently released its Performance and Accountability Report for Fiscal Year (FY) 2015. In describing the USPTO's strategic and performance-planning framework, the 2015 report begins by...more

3/4/2016 - America Invents Act Biotechnology Inter Partes Review Proceedings Patent Applications Patents Performance and Accountability Report USPTO Utility Patents

Pfizer, Inc. v. Lee (Fed. Cir. 2016)

Last month, in Pfizer, Inc. v. Lee, the Federal Circuit determined that the District Court for the Eastern District of Virginia did not err in granting summary judgment in favor of the U.S. Patent and Trademark Office on the...more

2/16/2016 - Delays Notice Requirements Patent Applications Patent Litigation Patent Term Adjustment Pfizer Summary Judgment USPTO Wyeth

Representatives Send Letter to HHS and NIH Seeking Response to Pharmaceutical Costs

In a letter sent earlier this month to Secretary Sylvia Mathews Burwell of the U.S. Department of Health & Human Services and Director Francis S. Collins of the National Institutes of Health, fifty members of the U.S. House...more

1/28/2016 - Bayh-Dole Act Drug Pricing HHS March-in NIH Pharmaceutical Industry Prescription Drugs Price Gouging

Winter Storm Jonas Forces USPTO Closure on Monday (1/25) and Tuesday (1/26)

For the second time in a little more than a month, the U.S. Patent and Trademark Office has experienced an unexpected closing. Last month, the closing resulted from a major power outage at USPTO headquarters in Alexandria,...more

1/27/2016 - Office of Personnel Management (OPM) Power Outages Severe Weather USPTO

Q&A from Webinar on Top Patent Law Stories of 2015

Earlier today, we presented a live webinar on the "Top Patent Law Stories of 2015." The webinar covered seven of the twenty stories that made it onto Patent Docs ninth annual list of top patent stories. The seven stories...more

1/22/2016 - America Invents Act Chevron Deference CLS Bank v Alice Corp En Banc Review Limelight v Akamai Patent Infringement Patent-Eligible Subject Matter Patents Sandoz v Amgen Section 101 Sequenom USPTO

Top Five Stories of 2015

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

1/11/2016 - Abstract Ideas BPCIA CLS Bank v Alice Corp En Banc Review Limelight v Akamai Mayo v. Prometheus Notice Requirements Patent Infringement Patent Litigation Patent-Eligible Subject Matter Sandoz v Amgen SCOTUS Sequenom USPTO

Top Stories of 2015: #6 to #10

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

1/9/2016 - Appeals Broadest Reasonable Interpretation Standard Cisco v CommilUSA Claim Construction Clear Error Standard Cuozzo Speed Technologies Electronics Honest Belief Defense Induced Infringement Patent Infringement Patent Term Adjustment Patent Trial and Appeal Board Patent Validity Patents SCOTUS Teva v Sandoz USPTO

Top Stories of 2015: #11 to #15

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

1/5/2016 - Australia Biosimilars BPCIA FDA Approval Indefiniteness Innovation Act Kimble v Marvel Enterprises Myriad Nautilus Inc. v. Biosig Instruments Patent Expiration Patent Reform Patent Royalties Patent-Eligible Subject Matter Patents Product of Nature Doctrine Sandoz SCOTUS

Top Stories of 2015: #16 to #20

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

1/4/2016 - Actavis Inc. AMP v Myriad Broadest Reasonable Interpretation Standard Endo Pharmaceuticals HTC Mayo v. Prometheus Myriad Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter SCOTUS Trans-Pacific Partnership USPTO USPTO Pilot Program

Breaking News: USPTO Restores EFS-Web and Private PAIR

Although the U.S. Patent and Trademark Office has not yet made a formal announcement on the USPTO Systems Status and Availability webpage or the Office's Facebook and Twitter accounts, it appears that the Office has now...more

12/28/2015 - Holidays Patents Power Outages USPTO

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