Our Practice

Diane Dunn McKay

Diane Dunn McKay

Phone: 856.446.6052
Email: dmckay@calderonemckay.com
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Practice Areas
— Intellectual Property
— US & International Patent Protection
Key Practice Industries
— Manufacturing
— Computer-Related Technology
— Medical Devices


Diane Dunn McKay’s practice involves U.S. and foreign patent prosecution, licensing and opinions related to computer software and hardware, 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.

Ms. McKay has a broad background in both engineering and computer products. Her analytical and legal skills aid start-ups in emerging technologies as well as established U.S. and International businesses in securing intellectual property protection, including the protection of designs. Her clients include a variety of industries related to consumer products, medical devices, and computer-related technologies. She has drafted and prosecuted hundreds of patent applications at the United States Patent and Trademark Office in a wide range of technological areas, including, artificial intelligence, video streaming, audio systems, animal cage and rack systems, molded extrusion products, electrophoresis
apparatus, biomarker capturing systems, encapsulation technology, telecommunications, video conferencing, large construction machinery, tools, sporting goods, and financial products. She also works with clients to protect their U.S. and international trademark portfolios, including trademark clearance and prosecution.

Ms. McKay is a board member and 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.

Before joining Calderone McKay, Ms. McKay was a named partner of an intellectual property boutique firm and a shareholder in the intellectual property practice area of a mid-size general practice firm. Prior to becoming a lawyer, she was employed as a systems engineer with Bell Communications Research.


  • 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
  • Settlement of patent infringement litigation involving sanitary ware on behalf of patentee
  • 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

Key Industry Areas

  • Manufacturing
  • Molded Extrusion Products
  • Large Construction Machinery
  • Tools
  • Medical Diagnostics and Devices
  • Artificial Intelligence


  • Video Streaming
  • Audio Systems
  • Telecommunication Networks
  • Software
  • Consumer Products
  • Sporting Goods

Historical Speaking Engagements

  • Moderator for Biotech and Pharma panel,31st Annual Joint Patent Practice Seminar, Iselin, NJ, June 15, 2022.
  • “Immunex Corp. v. Sandoz Inc. Standard Used for Determining Common Ownership when Applying Obviousness,” Joint Patent Practice 2021 Webinar Series.
  • “Information Security 2021: Real Threats and Practical Preparedness” Monmouth Bar Association’s Data Privacy and Cybersecurity Committee Webinar, March 4, 2021.
  • Moderator for Ethics in IP, Joint Patent Practice 2020 Webinar Series, May 18, 2020.
  • Design Patent Protection, 35th Annual Joint Patent Practice Seminar, New York, May 2, 2019.
  • “European Case Law Update: Assessing Inventive Step of Dosage , Regimens,” 34th Annual Patent Practice Seminar, New York, 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 City, NY, April 27, 2017.
  • “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