August 2013 Newsletter

August 1, 2013


Obama Administration Stops ITC Ban on iPhones and iPads
by Nathan Speed
For the first time in more than 25 years, the Office of the President exercised its authority to veto an exclusion order issued by the International Trade Commission. [read more]

Who Owns Your DNA? What Innovators Need to Know About the Supreme Court's Myriad Decision

by Daniel W. Young
The Supreme Court bans patenting of isolated segments of naturally occurring DNA but allows certain types of synthetic DNA, referred to as cDNA, to be patented. [read more]

Brand Marketers: Beware of False Advertising

by Christina M. Licursi
The Supreme Court agrees to hear a case which will determine a party's standing to bring an action for false advertising under the Lanham Act. [read more]

IP Case Law Analysis

Below are links to reviews of recent Federal Circuit cases of interest. For other case reviews, go here.

Caution Needed When Using Terms of Art in Patent Claims
InterDigital Communications, LLC v. International Trade Commission and Nokia Inc.

Applicants Can Challenge Enablement of References Cited by Patent Examiners
In re Steve Morsa

Using the Non-Analogous Art Doctrine to Combat Obviousness

K-TEC, Inc. v. Vita-Mix Corp.

Single Colors That Have Acquired Distinctiveness May Serve as Trademarks in Fashion Industry

Christian Louboutin v. Yves Saint Laurent American Holding, Inc.

Federal Circuit Addresses Written Description for Negative Claim Limitations and Clarifies Obviousness for CIP Applications
Santarus, Inc. v. Par Pharmaceutical, Inc.

Federal Circuit Knocks Out Expert's Application of Entire Market Value Rule in Damages Calculation
LaserDynamics, Inc. v. Quanta Computer Inc.

How to Overcome Obviousness Rejections Based on Results-Effective Variables
In Re Applied Materials, Inc.

Firm News

Wolf Greenfield's Litigation Team Secures Dismissal of Patent Lawsuit Against Our Client E Ink. To read more, go here.