Donald Zuhn

Donald Zuhn

McDonnell Boehnen Hulbert & Berghoff LLP

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USPTO Proposes Revisions to Materiality Standard

On October 28, the U.S. Patent and Trademark Office published a notice of proposed rulemaking in the Federal Register (81 Fed. Reg. 9451), proposing revisions to the materiality standard for the duty to disclose information...more

11/15/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Materiality Patent Applications Patents Popular USPTO

USPTO Seeks Comments on New Sequence Standard

In a notice published last month in the Federal Register (81 Fed. Reg. 74775), the U.S. Patent and Trademark Office has requested comments from the public on WIPO Standard ST.26, a new standard for the presentation of...more

11/14/2016 - Federal Register Patent Applications Patents Popular USPTO WIPO

USPTO to Hold Roundtables on Subject Matter Eligibility

In a notice published in the Federal Register (81 Fed. Reg. 71485) last month, the U.S. Patent and Trademark Office announced that it will be holding two roundtables in order to obtain public input on patent subject matter...more

11/7/2016 - Patent-Eligible Subject Matter Patents Popular Roundtable USPTO

In re Efthymiopoulos (Fed. Cir. 2016)

Last month, in In re Efthymiopoulos, the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board affirming the Examiner's rejection of all pending claims of Appellant...more

11/2/2016 - Patent Litigation Patents USPTO

RWS Inovia Releases 2016 Report on Global Patent Trends

Patent services provider RWS inovia recently released its seventh annual report on global patent and IP trends. In compiling "The 2016 U.S. Global Patent & IP Trends Indicator," RWS inovia, which produces products for PCT...more

10/11/2016 - CLS Bank v Alice Corp EU Patent Applications Patents USPTO

USPTO Announces 2016 Patents for Humanity Winners

On Thursday, the U.S. Patent and Trademark Office announced the latest winners of the Patents for Humanity program. The Patents for Humanity program, which was launched by the Office in February 2012 as part of an Obama...more

10/3/2016 - FDA Life Sciences Obama Administration Patents Research and Development USPTO Vaccinations

USPTO Announces Changes to EFS-Web Payments for Deposit Accounts and EFTs

In a Patent Alert email distributed earlier today, the U.S. Patent and Trademark Office announced that beginning on Monday, October 17, 2016, EFS-Web users who wish to use a deposit account or electronic funds transfer...more

9/16/2016 - EFTs Patents Payment Methods USPTO

USPTO News Briefs - September 2016

USPTO Announces Interim Authentication Method for EFS-Web and Private PAIR - On September 13, the U.S. Patent and Trademark Office announced via a Patent Alert e-mail that a new authentication option for EFS-Web and...more

9/15/2016 - Applications Authentication Hyperlink Patent Application Information Retrieval (PAIR) Patents USPTO

USPTO Issues Notice of Roundtable and Request for Comments on Importing Prior Art Automatically and Streamlining Patent Issuance

Last month, the U.S. Patent and Trademark Office published a notice in the Federal Register (81 Fed. Reg. 59197) requesting written comments regarding two issues: (1) how the Office can better leverage other applications...more

9/13/2016 - Federal Register Patent Applications Patent Examinations Patents Prior Art Registration Roundtable USPTO

UCB, Inc. v. Yeda Research and Development Co. (Fed. Cir. 2016)

On September 08, 2016, in UCB, Inc. v. Yeda Research and Development Co., the Federal Circuit affirmed the determination by the District Court for the Eastern District of Virginia that UCB's Cimzia® brand antibody does not...more

9/9/2016 - Estoppel Patent Applications Patent Infringement Patent Validity Patents PTO Research and Development

Oxford Immunotec Ltd. v. Qiagen, Inc. (D. Mass. 2016)

Magistrate Recommends That Defendants' Motion to Dismiss Be Allowed for Kit Claims and Denied for Method Claims - Last month, in Oxford Immunotec Ltd. v. Qiagen, Inc., Magistrate Judge Donald L. Cabell of the U.S....more

9/6/2016 - Biotechnology CLS Bank v Alice Corp Method Claims Motion to Dismiss Patent Infringement Patent-Eligible Subject Matter Patents Pharmaceutical Industry Summary Judgment

Letter to Colombian President Encourages Grant of Compulsory License for Imatinib

Last month, we reported on letters sent by two Senators and fifteen Representatives to the U.S. Trade Representative, seeking clarification regarding the Administration's position on compulsory licenses. The letters were...more

8/8/2016 - Columbia Compulsory Licenses Patents Pharmaceutical Industry Public Health U.S. Commerce Department USTR World Health Organization

Hudson Institute Report Refutes UN Panel Stance on Impact of Patents on Access to Medicines

In June, the Hudson Institute released a research report that analyzes several positions taken by the United Nations (UN) High Level Panel on Access to Medicines (HLP) on the impact of patents on global access to medicines. ...more

8/5/2016 - Global Health Issues Health IT Human Rights Inventors Patents Research and Development United Nations

USPTO News Briefs - July 2016

PTAB Introduces New Patent Review Processing System - In a post on the USPTO's "Director's Forum" blog, the Chief Judge for the Patent Trial and Appeal Board (PTAB), David P. Ruschke, announced that the PTAB was...more

8/1/2016 - Administrative Proceedings Certificate of Mailing Covered Business Method Patents E-Filing Inter Partes Review (IPR) Proceeding Patent Trial and Appeal Board Patents Post-Grant Review USPTO

USPTO Implements Pilot Program to Support President's National Cancer Moonshot

Last month, the U.S. Patent and Trademark Office published a notice in the Federal Register (81 Fed. Reg. 42328) regarding the implementation of a new pilot program that will provide for earlier review of patent applications...more

7/20/2016 - Cancer Federal Register National Cancer Moonshot Patent Applications Patents Request for Continued Examination USPTO USPTO Pilot Program

USPTO Initiates Post-Prosecution Pilot Program

On Monday, the U.S. Patent and Trademark Office published a notice in the Federal Register (81 Fed. Reg. 44845) regarding the initiation of a new pilot program intended to enhance patent practice during the period after the...more

7/15/2016 - Administrative Proceedings Appeals Federal Register Final Action Patents Request for Continued Examination USPTO USPTO Pilot Program

28 Organizations Seek Clarification from President Obama Regarding Colombian Compulsory License -- U.S. Chamber of Commerce...

On July 5, 2016, we reported on two letters sent by two Senators and fifteen Representatives to Michael Froman, the U.S. Trade Representative ("USTR"), seeking clarification regarding the Administration's position on...more

7/6/2016 - Barack Obama Columbia Compulsory Licenses Patents Pharmaceutical Industry Political Debates Public Health U.S. Commerce Department USTR World Health Organization

USPTO Extends Deadline for Migration to Financial Manager

As we reported earlier this week, the U.S. Patent and Trademark Office originally set a June 30, 2016 deadline for customers to migrate their deposit accounts and electronic funds transfer accounts (EFTs) to Financial...more

7/5/2016 - EFTs Electronic Fund Transfer Act Online Payments Patent Fees Patents USPTO

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

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

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

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