Sunday, December 23, 2007 11:00pm — IP THINKTANK GLOBAL WEEK IN REVIEW

IP Think Tank Global Week in Review - 21 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: talk of Thailand’s potential move to compulsory licences for anticancer drugs, Canada’s DMCA put off until ’08 and China’s retialiatory blockade of Hollywood films.

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

• Events in Bali heap further pressure on all IP owners: (IAM),
• Velcro defies generic claim in domain name battle: (OUT-LAW),
• ICANN forms group to hasten non-English domain names: (IP Justice)
• WTO members continue debate on geographical indications register: (Intellectual Property Watch),
• Creative Commons launches CCo and CC programs: (World IP Day),
• Green IP Strategy – risks and opportunities: (IP ThinkTank),
• Shaping the terrain and IP strategy: (IPThinkTank),
• WIPO consults on protecting traditional knowledge, genetic resources: (Intellectual Property Watch),
• Aligning IP strategy and business strategy: (Financial Aspects of IP),
• Open innovation and IP strategy: (IPThinkTank),
• International implications of Red Cross trade mark fight unclear: (Intellectual Property Watch),

Pharma

• Notes from the biotech sector – ties between San Diego and the PRC: (China Hearsay),
• ‘Microbesoft’ patents could put the squeeze on synthetic life: (Ars Technica),
• The Economic Times reports that out of the 8000 drug patent applications filed in between 95-04 about 40% are by Indian companies: (Spicy IP),
• Year 2007 in Pharmaceuticals: (Profitability through Simplicity),
• Depomed Inc. won summary judgment in its patent suit against a Teva subsidiary over 2 patents for AcuForm controlled-release technology: (IPLaw360),
• Guidelines for examination of Pharma patents – a developing country’s perspective: (Generic Pharmaceuticals & IP)
• Patented research tools and the 271(e)(1) exemption: (Holman),
• Invitrogen and Genetic Applications have settled the patent infringement suit over reissued patent directed to methods of transplanting DNA into a eukaryotic genome to yield hematopoietic cell lines: (Patent Docs),
• Wyeth v Impax Laboratories, Inc: ‘Extended release formulation’ and other terms defined in ANDA case: (Delaware IP Law)

• Busulfex (Busulfan) - Otsuka Pharmeceutical Co and PDL BioPharma strike deal for IV Busulfex: (Patent Docs),
• Celzentry - Pfizer recently granted patent, by the Indian Patent office, for its HIV/AIDS treatment drug Celzentry: (Spicy IP),
• Cialis (Tadalafil) - Eli Lilly’s patent application for an erectile dysfunction drug Cialis rejected by the Indian Patent Office although this drug has been successfully patented in the US, EU and Japan: (Spicy IP),
• Detrol (Tolteradine) - Generic company’s Detrol Polymorph patent highlights ongoing quality issues in USPTO: (IPThinkTank),
• Gleevec / Glivec (Imatinib) – Natco appeals to Supreme Court from High Court decision on IPAB composition: (Generic Pharmaceuticals & IP)
• Insulin - Wockhardt's pre-grant opposition to Lilly's Human Insulin patent application was rejected by the Kolkata Patent Office: (Generic Pharmaceuticals & IP)
• Iressa (Gefitinib) - Astra’s patent application for its lung cancer drug Iressa rejected by the Indian Patent Office on grounds of ‘known prior use’: (Spicy IP),
• Lyrica (Pregabalin) - Northwestern University has sold part of its royalty rights to the pain therapy Lyrica to Royalty Pharma for $700 million: (IP Law360),
• Neopogen (Filgrastim) - Sloan-Kettering Institute for Cancer Research sues Amgen Inc. for allegedly evading royalty payments on infection preventative drugs, Neupogen and Neulasta: (IP Law360),
• Seasonale (ethinylestradiol) - Barr sues to block generic Seasonale: (IP Law360),
• Sular (Nisoldipine) – Sciele sues Mylan over ANDA filing: (Generic Pharmaceuticals & IP)
• Tarka (Trandolapril & Verapamil) - Sanofi-Aventis SA and Abbott Laboratories have jointly filed a lawsuit against Glenmark to prevent the Indian company from selling a generic version of its hypertension drug Tarka in the US: (Spicy IP),

Canada

• Canada’s DMCA and surrounding controversy: (Now why didn’t I think of that?),

• Canadian Association of University Teachers on copyright reform: (Michael Geist),

• Cisco on copyright in Canada: (Michael Geist),

• The new copyright debate: (Michael Geist),
• Media coverage of copyright debate: (Michael Geist), (more from Michael Geist), (and more from Michael Geist), (and more from Michael Geist),
• Copyright delay demonstrates power of Facebook: (Michael Geist),
• Access Copyright claims copyright reforms may be on hold ‘indefinitely’: (Michael Geist),
• Canadian Independent Records Production Association criticizes copyright delay: (Michael Geist),
• Growing calls for Copyright Commission: (Michael Geist)
• Update on gray marketing: (Mondaq.com),
• Canadian Patent Office issues Practice Notice regarding signal claims: (Mondaq.com),
• Official marks developments: (Mondaq.com),
• Canadian porn spammers’ lust for Facebook data lands them in court: (Ars Technica),
• Amendments to the Trade Marks Regulations: (Mondaq.com),
• Amendments to the Patent Rules: (Mondaq.com),
• Fasken Martineau’s The IP Year 2007 in Review: Trade Marks: (Mondaq.com),
• Fasken Martineau’s The IP Year 2007 in Review: Patents: (Mondaq.com),
• Fasken Martineau’s The IP Year 2007 in Review: Copyright: (Mondaq.com),

China

• China hits back by banning Hollywood films in ongoing IP dispute: (IAM), (Ars Technica), 

• Tech transfer and the environment: (China Hearsay),
• A brave new future for China in science: (ajc.com),
• Lack of Chinese patent costs Schneider Electric dearly: (IP Dragon)
• China IT outsourcing rising (including discussion of associated IP issues): (China Law Blog),
• Cheng Yongshun’s critique on US Patent Reform Act ammunition to opposites: (IP Dragon),
• IP litigation data: what it means (interpretation of statistics collected from Beijing People’s Courts’ decisions in IP disputes): (Experience not logic), and related commentary (China Law Blog), (IP Dragon), (IAM), (Peter Zura’s 271 Patent Blog)
• Writers sue Beijing Sursen Electronic Technology Company for copyright infringement on its website: (China Hearsay),

• China does its part re: TRIPs & compulsory licensing: (China Hearsay),

• Analysis of Danone v Wahaha: (China Law Blog), (Spicy IP)

• China a victim of Basmati Rice Syndrome: (China Hearsay),

• Data key on road to IPR transparency: (IP Dragon),
• GOOG v Guge: Chinese company sues Google over name: (Ars Technica),

• China, US hold high-level discussions on IP issues: (Intellectual Property Watch),

• Wembley Gypsum Products v MST Industrial Systems: (Mondaq.com),
• Fake pens in China write/writ large –China’s current status regarding counterfeiting: (China Law Blog),
• Yahoo! found guilty of mass copyright infringement: (TorrentFreak),

Europe

• EPOrg Administrative Council on a strategic approach towards EPO 2.0: (BLOG@IP::JUR),
• Last chance for patent litigation reform in Europe?: (IPKat),
• Spare part design protection: the European Parliament’s view: (IPKat), (Catch us if you can)

• Cyprus fails to delight Turkey –  Cyprus is to gain PGI recognition for Turkish delight: (IPKat),

• Mewsings on the word ‘technical’ (What does the EPO mean when it uses the word ‘technical’?): (IPKat),
• Amazon gift ordering patent revoked by the EPO: (OUT-LAW), (IP Law360)
• Legal protection for databases: case report on dispute between the British Horseracing Board and William Hill: (OUT-LAW),
• Court of First Instance rejects Enercon’s appeal to register a football-shaped wind turbine as a Community trade mark: (Mondaq.com),
• More on registrability of Tarzan’s yell as a trade mark at OHIM: (OUT-LAW), (more from OUT-LAW),
• Gateway Inc. cannot stop Fujitsu-Siemens’ registration of the words ACTIVY Media Gateway, the ECJ ruled: (OUT-LAW),
• European Patent Convention 2000 in force: (IPEG), (Patent Baristas), (IMPACT),
• Adoption of company name tantamount to use of mark in relation to goods and services: (Mondaq.com),
• Microsoft faces new antitrust challenge in Europe over its tying Internet Explorer to its dominant operating system, Windows: (OUT-LAW), (Ars Technica),
• How much effect has patenting on innovation?: (IPEG),
• More on the implementation of the London Agreement and patent cost reduction in Europe: (Patent Baristas),
• ECJ rules that EU legislative obligations cannot be enforced in any Member State if that legislation has not been published in the Official Journal in the language of that Member State (Case C-161/06  OlomoucSkoma-Lux sro v Celni reditelstvi Olumouc): (IPKat),
• EPO fighting complex applications by setting prohibitive claim fees: (BLOG@IP::JUR),
• EPO: two Administrative Council decisions will increase the cost of European applications: (IPKat), (CA/D 15/07 from EPO), (CA/D 16/07 EPO), (IAM),
• IBM could be the next big technology company to be scrutinized by the EC over the way it uses IP rights: (IAM)

Finland

• Employee inventions: main rule regarding inventions: (Mondaq.com)

France

• Profession of patent attorneys to be abolished?: (BLOG@IP::JUR)

India

• India trumpets her patent success: (IPKat),

• New push emerges for Indian patent database: (Intellectual Property Watch),
• Indian Supreme Court reiterates that creativity is required when claiming copyright: (Spicy IP),
• Amul agrees to stop using ‘American Dry Fruit’ trade mark: (Spicy IP),
• Basmati redux: the Pashmina story: (Spicy IP),
• Moral rights under Copyright Laws: A peepr into policy – 2 (Spicy IP)

Korea

• South Korea extends copyright term from 50 to 70 years: (Michael Geist), (Against Monopoly)

Malaysia

• Music Authors Copyright Protection Bhd has called on 100 entertainment outlets to settle their outstanding royalty payments: (Mondaq.com),

• Malaysia has established an Intellectual Property Court: (Mondaq.com),

Netherlands

• Amendment to Netherlands Patent Act 1995: Abandonment of 6-years-patent and other changes: (BLOG@IP::JUR)

Thailand

• Thailand moves to amend Copyright Law to regulate royalties: (Intellectual Property Watch)

• Thailand looks to compulsory licences for cancer medicines: (Generic Pharmaceuticals & IP)

United Kingdom

• UK-IPO/EPO patentability rift widens: (IPKat),
• It’s official: buying fakes can damage your health (according to a UK government warning): (IPKat),
• Shaping policy; changing policy – the UK IPO establishment of the Strategic Advisory Board on IP Policy: (IPKat),
• Warring parties wave their weapons when IP licences come unstuck – the High Court’s decision in design and copyright infringement case Societa Esplosivi Industriali SpA v Ordinance Technologies (UK) Limited: (IPKat);
• Tech firms challenge software patent barrier in High Court: (OUT-LAW),
• Data protection law will be reviewed: (OUT-LAW),
• Developer keeps software rights as implied term argument fails in court (Meridian International Services Ltd v Ian Richardson & Ors): (OUT-LAW),
• World Cup Willie company loses case on own evidence – High Court rules goodwill in trade marks can last for 40 years even if the mark is rarely used in that time: (OUT-LAW),

United States

• Shaping policy; changing policy – US Dept of Justice rejects plans to strengthen its IP enforcement: (IPKat),
• Consumer groups urge Supreme Court not to make it illegal to sell second-hand patented goods: (OUT-LAW),
• Blogger warned to delete Avis logo: (OUT-LAW),
• Cover version was too close to the original, argues Guitar Hero lawsuit: (OUT-LAW),
• No licence required to run a fantasy league – in US or UK: (OUT-LAW), (IP Law Blog)
• Business should fund domain name police, says expert: (OUT-LAW),
• Simultaneous publication: (Patry Copyright Blog),
• Sampling without a licence results in damages – but how punitive should they be?: (Mondaq.com),
• Kinsella way off on patent reform (and continuing debate): (IPBiz), (more from IPBiz), (and more from IPBiz)
• Orbitz answers Global Patent Holdings’ JPEG-on-a-website complaint, explains why infringement is impossible: (Patent Troll Tracker),
• Statute of Limitations for actions between co-owners: (Patry Copyright Blog),
• USPTO Rules changes stopped by injunction: (Mondaq.com), (more from Mondaq.com)
• Statute of limitations for trade secrets misappropriation begins accruing on the date injury occurs: (Mondaq.com),
• A ‘reconstruction’ does not fulfill copyright application deposit requirement: (Mondaq.com),
• Paper: disregard for customers, DMCA led to Sony CD rootkit: (Ars Technica),
• The shifting scope of patentable subject matter: (IP Law360),
• Famous marks doctrine not recognized by a New York appellate court: (IP Law360),
• Arising under jurisdiction, copyright, and community property: (Patry Copyright Blog),
• Patent reform legislation stalled: (Mondaq.com),
• Guestbridge settles internet reservations patent suit against Online Reservations: (IP Law360),
• The global garrottig of the public domain: (Patry Copyright Blog),
• Congress considers Bill to make radio ‘pay to play’: (Ars Technica), (IP Law360),
• Recommended reading: Scot Duvall on the Trademark Dilution Revision Act of 2006: (TTABlog),
• Neil Netanel’s “Why has copyright expanded?’: (Patry),
• US Federal Court throws out lawsuit challenging Margaret Peterlin’s appointment as deputy director of the USPTO: (Intellectual Property Watch),
• Top ten patent trolls of 2007: (Patent Troll Tracker),
• 9 th Circuit: No attorneys fees when plaintiff elects to recover statutory damages for trade mark counterfeiting: (ADR Blog),
• Should Yahoo! Be able to patent ‘smart drag and drop’? How you can help the US Patent Office reject a bogus patent claim: (LawGeek),
• Should copyright owners have to give notice about their use of technical protection measures? (LawGeek),
• Peer to Patent Project: (The Legal Thing),
• US approves Google/DoubleClick deal; EU still deciding: (Ars Technica),
• Crafty strategy needed for new IDS rules at USPTO?:  (IPBiz)
• Will Seattle become a favoured forum for patent litigation?: (Washington State Patent Law Blog),
• Five more suggestions for a better patent system: (PLI Patent Practice Center),
• Chinese IP Judge discusses implications of US Patent Reform Bill and two congressman heed warning: (Patent Docs),
• Comparison of defensive publication mechanisms: (IP Updates),
• When is an electronic document a printed publication for prior art purposes?: (Patently–O),
• Does size matter? Counting words in patent specifications: (Patently-O)
• Which top NYSE 100 companies were sued the most in 2007 for patent infringement?: (Patent Troll Tracker),

• Summary judgment denied in 3M’s water filter patent suit against Brita, Sears Roebuck & Co: (IP Law360),
• Accenture sues Guidewire Software for patent infringement and misappropriation of trade secrets relating to insurance claims management software: (IP Law360), (Philip Brooks)
• Amazon.com has proposed changes to its controversial patent for shopping with a single mouse click that will narrow its monopoly to websites that also offer a shopping cart model: (OUT-LAW),
• Antor Media Corp. ordered to hand over data on prior suit in its patent infringement case against Sony Ericsson Mobile Communications Inc: (IP Law360),
• Apple Inc settles with ‘Think Secret’ blogger over alleged disclosure of trade secrets: (IP Law360), (Ars Technica)
• B3ta served DMCA notice for photoshop Prince challenge: (OUT-LAW),
• Cement-Lock v Gas Tech Institute: Court considers IP-elated alleged breach of fiduciary duty: (Chicago IP Litigation Blog),
• Biamp loses bid to toss trade secret claims: (IP Law360),
• Claim constructions adopted in catheter patent suit between Medtronic Inc and Boston Scientific Corp: (IP Law360),
• Broadcom gets over $9m in fees and interest in Qualcomm suit: (IPLaw360),
• A former employee of Control Systemation Inc. who is accusing the semiconductor testing company of stealing his trade secrets and unfairly patenting a device he created now faces claims that he has admitted to infringing the same patent through his lawsuit: (IP Law360),
• Dura allows auto rival’s IP counterclaims: (IP Law360),
• eBay scores victory in patent infringement case first brought by Netcraft Corp. alleging patent infringement related to Internet billing methods; (IP Law360),
• Informatica has received $1.7 million in prejudgment interest following its victory in its patent suit against Business Objects Data Integration: (IP Law360),
• Intergraph Hardware Technologies Corp has reached settlement with Toshiba Corp in its patent suit over devices for a high-speed microprocessor system: (IP Law360),
• Marvell fails to stay cases of CSIRO patent: (IP Law360),
• MercExchange v eBay: Injunction denied again: (Patently), (Patent Prospector)
• Nortel files counterclaims against Vonage in patent infringement case involving voice-over internet protocol technology: (IP Law360),

• Northeast University suing Google over core search technology: (OUT-LAW),

• Perfect 10 v Amazon: 9 th Circuit Court reversed a district court preliminary injunction stopping Google from displaying thumbnail images of plaintiff’s copyrighted nude photographs because Google was likely to prevail on its fair use defense: (IP Law Observer),
• Law firm, Pillsbury Winthrop Shaw Pittman LLP, has been granted a patent for a business method used in its global sourcing practice: (IP Law360),
• Perfumebay,com v eBay: Is there really only room for one ‘bay’ on the internet?: (IP Law Blog),
• US International Trade Commission opening investigation into Qualcomm Inc. to determine whether the company is violating a ban on importing chips that allegedly infringe patents held by rival Broadcom Inc: (IP Law360),
• Red Hot Chilli Peppers could struggle in ‘Californication’ lawsuit: (OUT-LAW),
• RIM faces another patent suit over blackberry: (IPLaw360),
• Silicon Space Technology has been awarded $18 million its trade secrets dispute with LSI Logic Corp: (IP Law360),
• Sutura’s patent infringement suit against Abbot Laboratories regarding suturing technology has come to a close: (IP Law360),
• Tiffany v eBay: Is eBay responsible for trade mark infringements?: (IP Law Blog),
• TorrentSpy loses in copyright infringement case due to destruction of evidence: (IPKat), (Ars Technica)
• Toshiba, Matsushita, JVC, NEC, settle Microchip suit with Technology Properties Limited: (IP Law360), (Philip Brooks)
• Universal, XM settle suit over receiver’s ability to record: (Ars Technica), (IP Law360)
• Vizio dropped from Zenith’s HDTV patent suit: (IP Law360),
• Wi-LAN files patent infringement suit against Dell, Apple, Sony and Intel and others over Wi-Fi technology: (OUT-LAW),
• Wleklinski (dba Comfort Strapp) v Targus: Continued vitiation of the doctrine of equivalents: (Patently-O), (IP Updates), (Patent Prospector),
• Zila v Tinnell: Revisiting Brulotte and royalty agreements for patented inventions: (IP Law Blog),

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