the firm's post-grant practitioners are some of the most experienced in the country.

Brian B. Darville
Chika (Teranishi) Iitoyo
Ryan W. Smith
Alexander B. Englehart
Daniel J. Pereira, Ph.D.
Robert W. Downs
Jianping (James)  Wu
Craig R. Feinberg
John  Sipos
Alec M. Royka
John S. Kern
Kevin Ross  Davis
Bogdan A. Zinchenko
Diane  Jones
Jay E. Rowe, Jr., Ph.D.
Norman F. Oblon
Christopher  Ricciuti
J. Derek  Mason, Ph.D., CLP
Yuki  Onoe
Frank J. West
Charles L. Gholz
Kevin L. Hartman, Ph.D.
Teddy S. Gron
David M. Longo, Ph.D.
Stefan Uwe  Koschmieder, Ph.D.
Akihiro  Yamazaki
Jenchieh (Joseph) Yuan
Eckhard H. Kuesters
James R. Love
Sameer  Gokhale
Robert  Tarcu
Grace E. Kim
Marina I. Miller, Ph.D.
Arthur I. Neustadt
Kasumi  Kanetaka
Kevin M. McKinley
Jeffrey B. McIntyre
Stephen G. Baxter, Ph.D.
Richard D. Kelly
Eric W. Schweibenz
Steven B. Chang
Andrew M. Ollis
Thomas M. Cunningham, Ph.D.
Christopher I. Donahue
Carl E. Schlier
Dale M. Shaw
Aldo  Martinez
Elissa L. Sanford
Kurt M. Berger, Ph.D.
Edwin D. Garlepp
Yorikatsu  Hohokabe, Ph.D.
Yuanyi (Alex) Zhang, Ph.D.
Robert T. Pous
Colin B. Harris
Long  Phan, Ph.D.
Tao  Feng, Ph.D.
Tia D. Fenton
Derek  Lightner, Ph.D.
Nicholas  Rosa, Ph.D.
Philippe J.C. Signore, Ph.D.

Technologies

Artificial Intelligence (AI)
Artificial Intelligence (AI)
Digital Health
Digital Health
Energy & Renewables
Energy & Renewables

Fast Facts

About Our

Law Firm

About Our Law Firm

Headquartered within steps of the USPTO with an affiliate office in Tokyo, Oblon is one of the largest law firms in the United States focused exclusively on intellectual property law.

Get to know our

History

Get to know our History

1968
Norman Oblon with Stanley Fisher and Marvin Spivak launched what was to become Oblon, McClelland, Maier & Neustadt, LLP, one of the nation's leading full-service intellectual property law firms.

Our Local and

Global Reach

Our Local and Global Reach

Outside the US, we service companies based in Japan, France, Germany, Italy, Saudi Arabia, and farther corners of the world. Our culturally aware attorneys speak many languages, including Japanese, French, German, Mandarin, Korean, Russian, Arabic, Farsi, Chinese.

A few of our

ACCOLADES

A few of our ACCOLADES

Oblon's professionals provide industry-leading IP legal services to many of the world's most admired innovators and brands.

OPPORTUNITIES FOR YOUR

Career

OPPORTUNITIES FOR YOUR Career

From the minute you walk through our doors, you'll become a valuable part of a team that fosters a culture of innovation, client service and collegiality.

A few ways to

GET In Touch

A few ways to GET In Touch
US Office

Telephone: 703-413-3000
Learn More +


Tokyo Office

Telephone: +81-3-6212-0550
Learn More +

Downloadable

Patent Forms

Downloadable Patent Forms

The United States Patent and Trademark Office (USPTO) issued final rules implementing the inventor's oath or declaration provisions of the America Invents Act (AIA) on August 14, 2012.

Donald R. McPhail

Of Counsel
E: dmcphail@oblon.com
T: (703) 412-1432
F: (703) 413-2220
Download Summary PDF
Download Detailed PDF

Donald R. McPhail is member of the Firm’s Litigation and Post-Grant Patent Proceedings Practice Groups and has more than 30 years of experience in intellectual property law.  He regularly represents plaintiffs and defendants in patent and trademark matters before the U.S. district courts. He has handled cases involving a wide range of technologies, including pharmaceuticals and biosimilars, regulated medical devices, semiconductor design and operation, thin film transistor manufacturing and design, voice-over-internet telephony, computer firewalls, routers and switches, network topology and message routing, LCD and LED design and operation, PECVD manufacturing processes, metal smelting furnaces, avionics, video signaling, computer software, and electronic point of sale devices.  Mr. McPhail has also successfully represented appellees and appellants before the U.S. Court of Appeals for the Federal Circuit, including obtaining a ruling that an ANDA-filer could amend its application even during litigation in order to avoid infringement.  Ferring B.V. v. Watson Labs. et al., 764 F.3d 1382 (Fed. Cir. 2014).  Mr. McPhail also has experience with post-grant matters before the U.S. Patent & Trademark Office, including Post Grant Review and Inter Partes Review proceedings, Patent Term Extension applications, ex parte reexaminations, and re-issues, as well as in oppositions before the European Patent Office. 

In addition, Mr. McPhail regularly counsels companies of all sizes on intellectual property matters, including portfolio design and development, patent enforcement and monetization, design around efforts, and licensing.  Mr. McPhail has also gained substantial experience in negotiating and drafting settlement agreements and the like, including license agreements, asset purchase agreements, covenants not to sue, and stock purchase agreements. He is particularly adept at dealing with Non-Practicing Entities and has resolved a significant number of matters on highly favorable terms for his clients. 

Mr. McPhail has prepared and prosecuted patent applications in the chemical, pharmaceutical, biotech, and mechanical arts in the United States and overseas and has designed and managed patent portfolios for a number of biotech and pharmaceutical start-ups.  He is also a former examiner at the U.S. Patent & Trademark Office, where he examined applications in the pharmaceutical arts.  Prior to entering the legal field, Mr. McPhail conducted research in the use of x-ray crystallography to elucidate the structures and absolute stereochemistry of pharmacologically active natural and synthetic products.  He has published over sixty papers in peer-reviewed journals such as the Journal of the American Chemical Society and the Journal of the Chemical Society.


Education

  • George Mason University - School of Law (J.D.)
  • Duke University (M.S.)
    • Organic Chemistry
  • Duke University (B.S.)
    • Chemistry

Admissions

  • District of Columbia
  • Registered to practice before the U.S. Patent and Trademark Office
  • District of Columbia Court of Appeals
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of Texas

Accolades

  • LMG Life Sciences Star, 2012-2017

Languages

  • Chinese