Diane Dunn McKay

McKay, Diane

Principal Princeton, NJ
609.524.1824
ddmckay@pbnlaw.com

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Ms. McKay's practice involves U.S. and foreign patent prosecution, licensing and litigation related to computer software and hardware, e-commerce, Internet applications, and mechanical and chemical process inventions. She also provides counseling concerning the protection of software-related intellectual property and software rights, and the drafting of software-related agreements.

Diane has a broad background in both engineering and computer products. Her analytical and legal skills aids start-ups in emerging technologies as well as established U.S. and International businesses navigate intellectual property protection, including the protection of designs. Her clients include a variety of industries related to consumer products, medical devices, computer-related technologies and nano-technology.

Diane is also a frequent lecturer at the Annual Joint Patent Practice Seminar cosponsored by the Connecticut, New Jersey, New York, and Philadelphia Intellectual Property Law Associations. There she speaks on developments in U.S. and international patent laws.

Prior to becoming a lawyer, she was employed as a systems engineer with Bell Communications Research.

Organizations/Memberships
  • American Intellectual Property Law Association
  • ABA Section of Intellectual Property Law (ABA-IPL) Council Member - 2020 to Present; Professional Issues Division - Chair 2017 - 2019; Vice Chair 2016 - 2017; member of the Membership Board
  • Computer Law Association
  • Executive Women of NJ
  • New Jersey Intellectual Property Law Association - past President
  • New Jersey Women Lawyers Association
  • Monmouth County Bar Association, Data Privacy & Cybersecurity Committee
Speaking Engagements
  • "Ethics In IP," JPP 2020 Webinar Series, May 18, 2020.
  • "Recent Cases Determing Design Patent Scope," In Re: RON MAATITA 2017-2037; Advantek Marketing, Inc. v. Shanghi Walk-Long Tools Co., 35th Annual Joint Patent Practice (JPP) Seminar, New York, NY, May 2, 2019. 
  • "Hot Topics in Patent Litigation: European Case Law Update: Assessing Inventive Step of Dosage Regimens," 34th Annual Joint Patent Practice Seminar, New York, NY, May 2, 2018.
  • "Diligence Requirements for Swearing Behind a Reference: Perfect Surgical Techniques v. Olympus America (Fed. Cir. 2016),"  33rd Annual Joint Patent Practice Seminar, New York, NY, April 27, 2017.
  • "Managing Strategic Partnerships/Joint Ventures," Business Owners Symposium Series, Morristown, NJ,  April 7, 2017.
  • "Keeping Quiet - Intellectual Property and Practical Applications," Business Owners Symposium Series, Morristown, NJ, February 10, 2017.
  • "Social Media Legal Issues for Owners - Take off Your Marketing Hat and Put on Your Owner Hat," Business Owners Symposium Series, Morristown, NJ, June 17, 2016.
  • "Intellectual Property Basics For Business Owners - Master Your Finances," Rider University podcast, April 24, 2016. 
  • "Innovation and Technology Panel," Panelist, 3rd Annual China Outbound Conference, Shenzhen, China, November 6, 2015.
  • "Cyber Security," The New Jersey Law Journal's In-House Counsel CLE program, Florham Park, NJ, September 15, 2015.
  • "Intellectual Property – Hot Topics and Tax Issues in Patent, Trademark and Copyright," Hamilton, NJ, May 18, 2015.
  • "USPTO Practice: Japanese Foundation for Cancer Research v. Michelle K. Lee and United States Patent and Trademark Office," 31st Annual Joint Patent Practice Seminar, New York City, NY, May 12, 2015.
  • "What Your Lawyer Wishes That You Knew," The Alternative Board NJ, Pine Brook, NJ, April 17, 2015.
  • "AIA – Ethical Issues to Consider to Avoid OED Disciplinary Proceedings," The Annual Joint Patent Practice Seminar, New York, NY, April 23, 2014.
  • "Teva Canada v. Pfizer Canada: Best Mode is Not Dead, It Just Moved to Canada," The Annual Joint Patent Practice Seminar, New York, NY, April 16, 2013.
  • "Teva v. AstraZeneca: First Inventor is Not Required to Appreciate Why His Invention Works," The Annual Joint Practice Seminar, New York, NY, April 17, 2012.
  • "TheraSense Inc. v. Beckton Dickinson & Co.: The Federal Circuit's en banc consideration of the Inequitable Conduct Defense," The Annual Joint Patent Practice Seminar, New York, NY, April 27, 2011.
  • "Bayer Schering Pharma AG v. Barr Laboratories: Patent Invalid Under the Obvious to Try Test," The Annual Joint Practice Seminar, New York, NY, April 29, 2010.
  • "China: New Patent Law Adapted," The Annual Joint Patent Practice Seminar, New York, NY, April 30, 2009.
  • "Does Your Employment Agreement Create an Assignment Now or Maybe Later? IP Venture Inc. v. Prostar Computer, Inc." The Annual Joint Patent Practice Seminar, New York, NY, April 30, 2008.

Practice

Industries

Related Media

Bar Admissions

  • New Jersey, 1989
  • United States District Court, District of New Jersey, 1989
  • New York, 1990
  • Registered to Practice Before the U.S. Patent and Trademark Office

Education

Seton Hall University, South Orange, NJ, J.D., 1989 

Michigan State Universty, East Lansing, MI, B.S., Chemical Engineering, 1983

Contact Address

600 Alexander Road, Suite 2-1

Princeton, NJ 08540-6011

Phone: 609.924.8555

Fax: 609.924.3036

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