Donald Zuhn

Donald Zuhn

McDonnell Boehnen Hulbert & Berghoff LLP

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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

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: #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

Endo Pharmaceuticals Inc. v. Actavis Inc. (D. Del. 2015)

District Court Adopts Magistrate's Conclusion of Invalidity under § 101 and Grants Defendants' Motion to Dismiss Counts - Last month, in Endo Pharmaceuticals Inc. v. Actavis Inc., Judge Richard G. Andrews of the U.S....more

12/10/2015 - Actavis Inc. ANDA CLS Bank v Alice Corp Endo Pharmaceuticals Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter

Natera Responds to Sequenom's Petition for Rehearing En Banc

Last week, Appellee Natera, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August (see "Sequenom Requests Rehearing En...more

10/26/2015 - Amicus Briefs AMP v Myriad Biotechnology CLS Bank v Alice Corp DNA En Banc Review Mayo v. Prometheus Patent Infringement Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing Preemption SCOTUS Sequenom Summary Judgment

Ariosa Diagnostics Responds to Sequenom's Petition for Rehearing En Banc

On Monday, Appellee Ariosa Diagnostics, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August. In its response, Ariosa...more

10/22/2015 - AMP v Myriad DNA En Banc Review Mayo v. Prometheus Patent Infringement Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Sequenom Summary Judgment

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: NYIPLA

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/29/2015 - Amicus Briefs Bilski CLS Bank v Alice Corp En Banc Review Kappos Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing Preemption SCOTUS Sequenom USPTO

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Coalition for 21st Century Medicine

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/15/2015 - Amicus Briefs AMP v Myriad En Banc Review Mayo v. Prometheus Obviousness Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Sequenom

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: IPO

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/9/2015 - Amicus Briefs AMP v Myriad En Banc Review Intellectual Property Owners Association Inventions Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing Preemption SCOTUS Sequenom USPTO

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Professors Lefstin and Menell

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/8/2015 - Amicus Briefs AMP v Myriad CLS Bank v Alice Corp Intellectual Property Protection Inventive Concept Test Kappos Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Sequenom

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: 23 Law Professors

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/4/2015 - Amicus Briefs AMP v Myriad En Banc Review Innovation Mayo v. Prometheus Patent Infringement Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Sequenom

Sequenom Requests Rehearing En Banc

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

8/19/2015 - Method Claims Myriad-Mayo Patent Invalidity Patent-Eligible Subject Matter Patents Petition For Rehearing Summary Judgment

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

Koepsell and Noonan on Gene Patenting

In 2009, the first edition of Dr. David Koepsell's book "Who Owns You: The Corporate Gold Rush to Patent Your Genes" was published. With the second edition of his text about to be published, Dr. Koepsell allowed Patent Docs...more

5/29/2015 - BRCA DNA Gene Patenting Myriad Myriad-Mayo Patent-Eligible Subject Matter Patents

USPTO Holds Forum on Interim Guidance -- Part III

In a forum held last month on the U.S. Patent and Trademark Office's Alexandria campus, Office representatives discussed the Interim Guidance on Patent Subject Matter Eligibility, which was released in December, and received...more

2/20/2015 - CLS Bank v Alice Corp Covered Business Method Patents Life Sciences Patent-Eligible Subject Matter Patents Technology USPTO

USPTO Holds Forum on Interim Guidance -- Part II

In a forum held last month on the U.S. Patent and Trademark Office's Alexandria campus, Office representatives discussed the Interim Guidance on Patent Subject Matter Eligibility, which was released in December, and received...more

2/19/2015 - Interim Guidance Patent-Eligible Subject Matter Patents Public Comment USPTO

USPTO Holds Forum on Interim Guidance -- Part I

In a forum held January 21 on the U.S. Patent and Trademark Office's Alexandria campus, Office representatives discussed the Interim Guidance on Patent Subject Matter Eligibility, which was released in December, and received...more

2/4/2015 - Interim Guidance Myriad-Mayo Patent-Eligible Subject Matter Patents 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

USPTO to Release Revised Subject Matter Eligibility Guidance

In a conference call this morning, Drew Hirshfeld, U.S. Patent and Trademark Office Deputy Commissioner for Patent Examination Policy, announced that the USPTO would be releasing revised guidance on subject matter eligibility...more

12/15/2014 - Mayo v. Prometheus Myriad Patent-Eligible Subject Matter Patents USPTO

Examination of Myriad-Mayo Guidance Comments -- The Coalition for 21st Century Medicine -- Part II

On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more

12/3/2014 - Draft Guidance Genetic Materials Mayo v. Prometheus Myriad-Mayo Patent-Eligible Subject Matter Patents USPTO

Examination of Myriad-Mayo Guidance Comments -- The Coalition for 21st Century Medicine

On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more

12/2/2014 - Draft Guidance Mayo v. Prometheus Myriad-Mayo Patent-Eligible Subject Matter Patents USPTO

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