Saturday, December 8, 2007 2:00pm — IP THINKTANK GLOBAL WEEK IN REVIEW

IP Think Tank Global Week in Review - 7 December 2007

Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

Highlights this week included: It’s getting hotter – Climate change and IP Strategy; EPO Revokes Amazon's 'Electronic Ordering System' patent (a Divisional of the '1 click' patent); and controversy over the soon to be Canadian DMCA.

Please join the discussion by adding your comments on any of these stories, and please do let me know if you think we’ve missed something important, or if there is a source you think should be monitored.

You can separately subscribe to the IP Thinktank Global week in Review at http://feeds.feedburner.com/DuncanBucknellsGlobalWeekInReview

Global

• Progress on Creative Commons license interoperability with Wikipedia: (Creative Commons), (more from Creative Commons),
• Brand audits: (Branding Strategy Insider),
• Top 5 IP audit mistakes: (IPThinkTank),
• WIPO Secretariat surges ahead on hosting round table on Economics of IP: (KEI Policy),
• Computerworld on world's first software patent: (IPBiz),
• It’s getting hotter – Climate change and IP Strategy: (IP Think Tank),
• YouTube and IPRs: (IPEG),
• More studies showing that P2P downloading increases sales of physical media: (IPCentral),
• Film industry touts ISP partners in filtering online content: (IPWatch),
• You can (almost) always get a granted patent – but what’s it really worth?: (IP Think Tank),
• Making PTO’s more IP Business Savvy: (Notes from abroad),
• Who wants to be an ISP?: (IP Think Tank),
• WIPO – Idris gets paid out to leave early: (IAM), (Patent Prospector),
• Deutsche Grammophon ditches DRM: (ArsTechnica)

Pharma

• FDA revisits NCE exclusivity for enantiomers: (Arnall Golden & Gregory),

• Accupril (Quinapril) - Judge finds against Teva and holds Warner-Lambert patent enabled: (IPLaw360), (OrangeBookBlog),
• Altace / Tritace / Ramace (Ramipril) - King Pharmaceuticals loses CAFC rehearing bid: (IPLaw360), (Generic Pharmaceuticals & IP),
• Altace / Tritace / Ramace (Ramipril) - King Pharmaceuticals sues Teva: (Generic Pharmaceuticals & IP)
• Arimidex (Anastrozole) - AstraZeneca receives 6 mth pediatric exclusivity: (Competitive Info),
• Cardizem (Diltiazem) – Biovail and Andrx Pharmaceuticals settle patent litigation: (IPLaw360), (Generic Pharmaceuticals & IP), (BIO Smartbrief), (Patent Docs),
• Celebrex (Celecoxib) – Pfizer loses bid for attorney’s fees despite earlier win against Teva: (IPLaw360),
• Exelon (Rivastigmine) - Sun Pharmaceutical Industries and Watson Pharmaceuticals settle with Novartis: (IPLaw360), (Generic Pharmaceuticals & IP), (BIO Smartbrief),
• Levaquin (Levofloxacin) - Supreme Court of Canada refused to hear Novopharm (Teva)'s appeal of a ruling that upheld the validity of the patent to June 2009: (Generic Pharmaceuticals & IP)
• Seroquel (Quetiapine) - AstraZeneca scored a half-win in its bid to disqualify two experts proposed by Teva: (IPLaw360),
• Vasotec (Enalapril) – Apotex loses on appeal at CAFC over process prior used by Merck as such use wasn’t concealed: (IPLaw360),

Australia

• Australian patent documents come out of the dark: (Patentlens),

Canada

• More Industrial Designs now available online: (Now Why Didn't I Think Of That?)
• New copyright rules could cost you: (Michael Geist),
• The Canadian DMCA (and surrounding controversy): (Michael Geist), (more from Michael Geist),
• Songwriters Association of Canada has released an important new proposal calling for the legalization of peer-to-peer file sharing: (Michael Geist), (ArsTechnica)

China

• Why did my lawyer quit? (more on the Wahaha v Danone dispute): (China Business Law Blog),
• What Global Players could learn from Wii v Vii [Nintendo's global new product launch mistakes]: (IPDragon), (China Law Blog),
• Junk Patents: (China Hearsay),
• Has your distributor (representative, manufacturer) in China registered your mark?: (China Business Law Blog),
• Shedding light on China’s underground cybercrime economy: (ArsTechnica),

Europe

• Nordic Patent Institute will be operative as an International Search Authority (ISA) and International Preliminary Examination Authority (IPEA) from 1 January 2008: (IPKat),
• (Copyright moral rights) - Architect Santiago Calatrava's Right of integrity over (Spanish Bilbao) bridge fails: (IPKat),
• New anti-trust guidance from European Commission: (OUTLAW),
• European Union has taken steps to ratify a 2005 decision by the WTO designed to ensure that intellectual property does not limit access to medicines in developing countries: (IPWatch), (Lenz Blog), (IPR-Helpdesk),

• London agreement operation by mid 2008 - and EU patent talks could still fail: (IAM),

• The end of the European Patent Litigation Agreement?: (IMPACT),
• European ISPs under pressure to attack IP Piracy: (Against Monopoly),
• Quality costs and applicants may have to pay more – EPO president: (IAM),

• Amazon - EPO Revokes Amazon's 'Electronic Ordering System' patent (a Divisional of the '1 click' patent) after Opposition: (IPJUR)
• Nokia makes little progress in its European Qualcomm patent fight: (IPEG),
• Rambus - EU sets hearings in patent ambush case: (IPLaw360),

France

• French Council of Sales is taking eBay to court, arguing failrure to comply with a 2000 Act on the regulation of auctions: (IPKat), (OUTLAW),

India

• Who is benefiting from India's patent explosion?: (IAM),

• America, India, Agriculture and IPR: (SpicyIP),

• Novartis patent challenged in US: more light… (SpicyIP),
• Addressing IPR Dilemmas through Creative Capitalism: Advanced Market Commitment: (SpicyIP),
• Moral Rights under Copyright Laws: A Peep into Policy – Part 1: (SpicyIP),

Spain

• Spanish Patent and Trade Mark Office (SPTO) has announced that requests for Patent Technological Reports by companies in the ICT industry will be subsidized: (ipmenu),

Uganda

• Harvard threatens Schools in Uganda with trade mark infringement: (IPFactor),

United Kingdom

• Amendments to Registered Designs legislation on the way: (IPKat),
• Extra-territorial jurisdiction by the back door?: (IPKat),

United States

• Intellectual Property and Personal Injuries Law: (IPBiz),
• The myth that patent reform will benefit foreigners at the expense of US manufacturers: (Patent Troll Tracker),
• Useful list of organisations which are not government trade mark offices: (Trademark blog),
• Patent Advisory Committee tells Bush that problems are surmountable: (IAM), (More from IAM), (Still more from IAM), (e^(ip))
• Summary judgment date set for New Rules action by GSK: (Intellectual Property Directions), (PLI), (Patent Docs),
• Extrinsic evidence can only be used against a patent, not to support it: (Patent Baristas),
• In Re Garner - Even with Deference, USPTO misinterprets its own rules: (Patently’O), (Patent Prospector),
• Congresses copyright reform: seize computers, boost penalties, spend money: (ArsTechnica),
• Patent reform faces uphill battle in Senate – in the new year: (PLI), (Patent Docs), (more from PLI),
• Specific Dates Not Required for Dilution Complaint: (Chicago IP Litigation Blog),
• Patent litigation should be flat for 2007 – but are the number of defendants rising?: (Peter Zura),
• Patent Tax: (Patent Prospector), (IP Spotlight),
• Patent litigation trends – survey results: (Patently’O),
• Admitting evidence of commercial success after KSR: (Delaware IP Law Blog),

• Abbott - A federal judge has stopped Abbott's attempt to add allegations to its claims against Johnson & Johnson subsidiary Cordis Corp in the ongoing drug eluting stent litigation: (IPLaw360),
• Abbott - Troll Busters Files Reexamination of US5,582,989 (multiplex PCR method) Exclusively Licensed to Abbott: (BIO Smartbrief),
• Acacia reaches settlement with Sharper Image: (IPLaw360),
• Amazon & Wal-Mart unwittingly team up against DRM: (ArsTechnica)
• AUTM - The Association of University Technology Managers (AUTM) releases survey results as critics get louder: (IAM),
• American Red Cross is seeking to exclude a Johnson & Johnson expert's testimony in a trademark battle over its red cross symbol: (IPLaw360),
• Apple and AT&T hit with another iPhone patent suit – this time Klausner Technologies sues over visual voicemail: (ArsTechnica), (Patent Troll Tracker), (IPBiz), (PLI),
• Capital One Financial. and Netflix. settled patent infringement suit by Constellation covering a system used to display information on Web sites: (IPLaw360),
• Dell has filed suit against a group of domain registrars, alleging that the companies colluded in infringing Dell's trademarks and counterfeited the Dell brand: (ArsTechnica)
• Dell pulled into PC tablet patent fight: (IPLaw360),
• DirectTv held to have willfully infringed FinStar’s patent, but obtains compulsory licence: (Patently’O)
• DuPont – Pureflex Inc. claims ‘Teflon’ mark now generic as defence to infringement claim by DuPont: (IPLaw360),
• GE faces suit over satellite tracking technology: (IPLaw360),
• Google - 2 months after dismissal of it's first suit against Google in Florida, F&G Research Inc. has filed again in North Carolina over the same patent, alleging that Google Earth's controls infringe its intellectual property:(IPLaw360),
• Klausner Technologies Inc. filed an infringement suit against five new companies over its visual voice mail patents: (IPLaw360),
• Micron Technology Inc. expanded counterclaims against Mosaid Technologies Inc. in a patent infringement suit over dynamic random access memory (DRAM): (IPLaw360),
• Microsoft - Z4 wages new attacj on MicroSoft: (IPLaw360), (Washington State Patent Law Blog),
• Microsoft - Anascape Ltd., Microsoft Corp. and Nintendo Inc - Markman claim construction handed down: (IPLaw360),
• Motion Picture Association of America (MPAA) – content filtering is in ISP’s best interests: (ArsTechnica)
• Perfect10 - Supreme Court won't hear Perfect Ten Credit Card Processors case: (ArsTechnica), (OUTLAW),
• RIAA – Judge finds Judge finds copyright misuse defense unconvincing in RIAA lawsuit: (ArsTechnica)
• Samsung and Matsushita settled two patent infringement suits filed in 2005 over plasma screen technology: (IPLaw360), (Patent Prospector),
• Samsung Electronics Co. Ltd. to pay InterDigital Communication Corp. $134m in royalties, confirming a 2006 arbitration award: (IPLaw360),
• Samsung and Nokia sued over four cell phone patents: (IPLaw360),
• Sandisk asks ITC to investigate flashdrives: (IPLaw360),
• Sears - Jury awards $21m against Sears in trade secret suit: (IPLaw360),
• Seoul Semiconductor Co. Ltd. Files US ITC suit alleging patent infringement by Nichia Corp over laser diode products: (IPLaw360),
• Sony - MicroUnity, Sony Playstation patent case closed: (IPLaw360),
• Tesco sued by Weatherford over oil drilling patents: (IPLaw360),
• YouTube & Google – fight back at the Football Association Premier League Ltd’s copyright class action: (IPLaw360),
• WebTech Wireless Inc announces USPTO Re-exam of patent asserted by LunarEye Inc against it: (IPLaw360),

Venezuela

• Proposed reform of the Venezuelan constitution - culture and intellectual property: (IPWatch), (Further IPWatch comment),

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