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Friday, January 11, 2008 12:00pm — IP THINKTANK GLOBAL WEEK IN REVIEW
IP Think Tank Global Week in Review - 11 January 2008
Here is IP Think Tank’s weekly
selection of top intellectual property news breaking in the blogosphere and
internet. 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 Think Tank Global week in Review at http://feeds.feedburner.com/DuncanBucknellsGlobalWeekInReview Highlights this week included: - European Commission launches consultation on
‘Content Online in the Single Market’: (IPKat),
(Out-Law), (IPR
Helpdesk),
- UK government launches consultation on copyright
exceptions: (IPKat),
(Michael Geist),
(IMPACT),
(Patry
Copyright Blog), (Out-Law),
(Ars
Technica), (IP
Law360),
- Cordis Corporation - US Court of Appeals upholds
verdicts in favour of Cordis on patents infringed by Medtronic, Inc. and Boston
Scientific Corporation: (SmartBrief),
(IP
Law360), (IP
Updates), (Patent
Prospector),
- eSpeed – Citing
Seagate, US Federal judge overturns willful infringement verdict
against eSpeed Inc. in its patent dispute with Trading Technologies International
Inc.: (IP
Law360), (Chicago
IP Litigation), (coverage of minute orders from Chicago
IP Litigation),
- Monsanto – US Supreme Court refuses appeal of a
Mississippi farmer found to have infringed Monsanto’s patents by replanting the
agrichemical giant's soybean seeds: (IP
Law360), (SmartBrief),
(Patent
Docs), (PLI),
- Qualcomm (US) – Qualcomm sanctioned $8.6m and
lawyers referred to State Bar over failure to turn over documents in patent
infringement trial against Broadcom Corp.: (IPBiz),
(IP
Law360), (Patent
Prospector); and
- Recording Industry Association of America – RIAA
copyright infringement suit against Mr Howell for copying music to his computer
and the surrounding controversy: (Patry
Copyright Blog), (more related coverage from Patry
Copyright Blog), (China
Hearsay), (IP
Central),
Global - Electronic filing –
WIPO’s latest notice concerning the Hague system for the international
registration of industrial designs: (IPKat),
- Five principles
considered as basis for IP Annex to UNCITRAL Legislative Guide on Secured
Financing: (IPKat),
- Sony and the implosion of
DRM: (Ars
Technica) (and related coverage from Ars
Technica), (John
Carroll),
- The indirect approach: (IP
ThinkTank),
- The whole and the parts –
IP bundling: (Catch us if
you can),
- Rights Agent and creative
commons: (Creative
Commons Org),
- Protecting and managing
well-known trade marks: (Thomson
Scientific),
- But does it work? The
importance of reduction to practice: (IP
Directions),
- Realized IP strategy –
it’s what you did, not what you planned: (IP
ThinkTank),
- Last chance to patent
your patent valuation method: (IP
ThinkTank),
- Does low-cost,
volume-based patenting really save money?: (IP
Spotlight)
Pharma Canada - Copyright
- Why Canada
needs more flexible fair dealing: (Michael Geist),
- CRIA
calls Songwriters Association of Canada’s P2P proposal a ‘pipe dream’: (Michael Geist),
- Mainstream
media picks up where it left off on Canada’s DMCA: (Michael Geist),
(more coverage by Michael
Geist),
- Copyright
reform controversy and activism from community groups: (Michael Geist),
(more from Michael
Geist),
- Appeal
upholds Copyright Board’s decision that the transmission of a ringtone to a
cellphone is a ‘communication to the public’: (Michael Geist),
- Federal
Court of Appeal quashes Copyright Board’s decision to certify tariff on iPods
and SD cards: (Michael
Geist)
China Europe Montenegro gets the long list
treatment: (IPKat), First must-fit design
invalidity decision: (Catch
us if you can), Crocs refused European
community design due to ‘lack [of] individual character’: (IP
Factor), - Online content and patent
reform are key for Europe in 2008: (Intellectual
Property Watch),
- Hungary ratifies Patent Law
Treaty: (IPKat),
- Intel responds to EU
antitrust charges relating to Intel’s practice of offering hefty discounts
to Intel-only shops: (Ars
Technica), (Out-Law)
- European patent troll
boom? I think not: (IP
ThinkTank),
- European Commission launches
consultation on ‘Content Online in the Single Market’: (IPKat),
(Out-Law), (IPR
Helpdesk),
- Norway and Croatia join the European
Patent Organisation: (IP
Menu News),
- EU joins Hague system for
the international registration of industrial designs: (Catch us
if you can)
India - National Knowledge
Commission calls for an overhaul of India’s patent process: (Spicy
IP),
- Creative commons,
independent music and TempoStand.com: (Spicy
IP),
- Interview with Felix
Ador, key negotiator in bilateral agreement discussion between India and Switzerland: (Spicy
IP),
- The International Music
Score Library Project faces closure: (Spicy
IP)
- FICCI recommends punitive
damages for piracy: (Spicy
IP)
- Prime Minister announces
FICCI to draft Innovation Act within the year: (Spicy
IP),
- Companies to get back
Patent fees: (Spicy
IP),
- Innovation in India:
(Thomson
Scientific),
Israel Japan - Japanese companies continue to miss IP value
creating opportunities: (IAM)
South Africa - Protecting South Africa’s biological and
cultural diversity: (Mondaq)
United Kingdom - Fast track trade mark
registration in the UK:
(Filemot),
- Sections 69 - 74 of the Companies
Act 2006 (dealing with objections to company names) and sections 82 -
85 (trading disclosures) take effect on 1 October 2008: (IPKat),
- Application of the Institute of Trade Mark Attorneys to register
the words TRADE MARK ATTORNEY as a certification mark has been withdrawn:
(IPKat),
- UK government launches consultation
on copyright exceptions: (IPKat),
(Michael Geist),
(IMPACT),
(Patry
Copyright Blog), (Out-Law), (Ars
Technica), (IP
Law360),
- Winemakers E & J
Gallo sue Fitz & Floyd for trade mark dilution in respect of the Texan
group’s ceramic chickens sold under the name Gallo de Oro: (IPKat),
- Patents Court for England and Wales hands down complicated
cost decision in Monsanto Technology LLC v Cargill International SA and
Cargill plc: (IPKat),
- ‘Opt-in’ or lose out –
UKIPO’s new system for examining conflicting marks: (Mondaq),
- Cost effective patent
actions: (Mondaq),
- UK dentist firm beats Lacoste
in trade mark dispute: (Counterfeit
Chic),
- Threats of IP
infringement and the amendments to s70 Patents Act: (Mondaq),
- Domain name dealer beats
Maestro in dispute over maestro.co.uk domain name: (Out-Law),
- In re DLP Ltd - English
Patents Court gives judgment on first appeal against an opinion of the
Comptroller of Patents under the scheme for the provision of UK Patent
Office opinions: (Mondaq),
- CIVC, the French
champagne wine-growers trade association, wins its complaint before
Nominet concerning the unauthorized registration of the domain name
champagne.co.uk: (Mondaq)
United States - Chinese Senior Judge
Yongshun Cheng blasts reforms to US patent law: (IPBiz),
(Patent
Prospector),
- Priority right when
abandoning and refiling applications: (Canada Patent Blog),
- American National
Standards Institute calls for comment on global standard for patent
valuation: (IAM),
- On the continuing
question of copyright and the First Amendment: (Lessig),
- New York Court of Appeals
rules on question of whether a trademark used only abroad can be the basis
of an unfair competition claim under New York law in ITC Limited v.
Punchgini, et al.: (IP
Law360),
- American presidential
elections and IP: (IPEG),
(IAM),
- Number of utility patent
claims issued by USPTO per year has quintupled in 30 years: (Patent
Troll Tracker),
- Two court of appeals
opinions on copyright and karaoke – Leadsinger, Inc. v BMG Music
Publishing and Zomba Enterprises, Inc. v. Panorama Records, Inc.:
(Patry
Copyright Blog),
- New IDS rules to limit
number of references in application: (Post-Grant),
- American Intellectual Property
Law Association and Intellectual Property Owners Association seek summary
judgment that the retroactive application of PTO rules on continuation and
claiming practice is poor sportsmanship: (Patent
Baristas),
- Retroactive copyright
transfer agreement by one co-author to a third party cannot extinguish the
other co-author's accrued infringement claims - Davis v. Blige: (IP
Updates),
- Ex Parte Matsuoka: my
case for prima facie non-obviousness: (Benefits
of Hindsight),
- The KSR decision
and withstanding the obviousness challenge: (Patent
Prospector), (Philip
Brooks),
- Architects, profits, and
hearsay objections - Powell v Penhollow: (Patry
Copyright Blog)
- Green over patents – the
IRS’s new rule on patents: (Patent
Prospector)
- Acacia – Acacia unit
drops claims against Verizon Wireless, the last remaining defendant in its
patent infringement case over technology for transferring address data: (IP
Law360),
- Advanced Micro Devices
Inc - AMD settles patent dispute with MicroUnity over graphics processing
unit patents: (IP
Law360),
- Alberta Telecommunications Research
Centre – ATRC drops patent infringement suits against Rambus Inc, but
settlement doesn’t cover Rambus licensees: (IP
Law360),
- Apple - Apple sued once
again for its iPod/iTunes tie-in, with the plaintiff (Stacey Somers) alleging
Apple iTunes Store has an illegal monopoly over the online music and video
markets: (Ars
Technica),
- Artemis Records – Trade mark
suit over the use of company name Artemis Records to proceed against
Sheridan Square Entertainment despite plaintiff’s eight year wait to file
proccedings: (IP
Law360),
- Biax Corp - Biax and
Fujitsu Computer Systems look to drop allegations against one another in
Biax’s patent infringement suit over computer server technology: (IP
Law360),
- Bosch - Federal Circuit
judge vacates jury verdict finding Robert Bosch Tool Corp. infringed
patents on radio technology held by Black & Decker Inc. and modifies
the District Court's claim construction, while leaving other parts of its
decision intact: (IP
Law360 ),
- Bose Corp - US
International Trade Commission launches investigation into whether Bose
Corp.’s two patents are being infringed by the importation of
noise-reducing headphones made by Panasonic Corp., Logitech Inc. and other
headset manufacturers: (IP
Law360), (Patent
Prospector),
- Cordis Corporation - US
Court of Appeals upholds verdicts in favour of Cordis on patents infringed
by Medtronic, Inc. and Boston Scientific Corporation: (SmartBrief),
(IP
Law360), (IP
Updates), (Patent
Prospector),
- Dell Inc. – Dell gets
sanction against Mass Engineered Design Inc. for violating rules regarding
depositions on claim constructions: (IP
Law360),
- eBay – Netcraft’s
disclosure in specification limits claim term, vitiating infringement: (Peter
Zura's 271 Patent Blog),
- Elbex Video Ltd – Court
rules that clear and unmistakable disavowal of claim scope required for
prosection history estoppel in Elbex’ patent case against Sensormatic
Electronics: (Mondaq),
- eSpeed – Citing Seagate, federal judge overturns willful
infringement verdict against eSpeed Inc. in its patent dispute with Trading
Technologies International Inc.: (IP
Law360), (Chicago
IP Litigation), (coverage of minute orders from Chicago
IP Litigation),
- GraphOn Corp. - Juniper
fights back against GraphOn’s motion to dismiss inequitable conduct
counterclaim in patent infringement suit over security and firewall
technology patents: (IP
Law360),
- Hif Bio, Inc - Federal
Circuit lacks jurisdiction over remand order on patent-related claims
where District Court declined supplemental jurisdiction, finds FC in Hif
Bio, Inc. v. Yung Shin Pharmaceuticals, Ltd: (Mondaq),
- Intel – New York AG
launches antitrust inquiry into whether Intel used its dominant market
position to force rival AMD out of the computer chip market: (Ars
Technica),
- Illumina Inc. - Illumina to
pay Affymetrix $90m to settle litigation between the genetic analysis
companies in the United States, England and Germany:
(IP
Law360),
- Innovative Technologies
Corp – Innovative Technologies awarded $23 million in damages in trade
secrets suit against former employees: (IP
Law360),
- Jan Marini Skin Research
Inc – Jan Marini discontinues its latest eyelash-plumping product, while
it fights off patent infringement suit and concerns from FDA: (IP
Law360),
- Kodak - Kodak, Matsushita
end patent suit with licensing pact: (IP
Law360)
- McNeil Nutritionals LLC -
Court of Appeals affirms in part and reverses in part, the District Court finding
that the likelihood of confusion factors weighed in favor of McNeil in its
action against Heartland Sweeteners concerning Splenda’s yellow trade
dress: (43(B)log),
- Medtronic – Medtronic has
trade secrets lawsuit against former employees transferred from Federal
Court back to State Court: (IP
Law360),
- Microsoft - Supreme Court
declines to hear appeal brought by Motionless Keyboard Co. in
long-standing spat with Microsoft over certain joysticks and game
controllers IP: (IP
Law360),
- Microsoft - $160 Million
jury verdict against Microsoft stands after unsuccessful challenge in its
patent dispute with Z4 regarding software piracy prevention technology: (Mondaq),
- Minerva - Judge dismisses
Southern Communications Services Inc. from Minerva’s patent infringement lawsuit
against numerous big players in the cellular industry: (IP
Law360),
- Minerva – Federal judge
dismisses Minerva’s patent infringement case against 11 cellular phone
companies: (IP
Law360),
- Monsanto - Supreme Court refuses
appeal of a Mississippi farmer found to have infringed Monsanto’s patents
by replanting the agrichemical giant's soybean seeds: (IP
Law360), (SmartBrief),
(Patent
Docs), (PLI),
- Motorola – Motorola and
Metrologic have agreed to a cross-licensing deal which settles all pending
patent litigation regarding barcode scanning technology: (IP
Law360),
- NetRatings - NetRatings
Inc. reaches licensing agreement and settlement in patent infringement
action against WhenU.com Inc: (IP
Law360),
- OK! – OK! Magazine sues
Heat magazine for copyright infringement concerning its use of quotes from
OK!’s interview with a celebrity: (Out-Law),
- O2 Micro International
Ltd. - O2 Micro seeks to split off the antitrust counterclaims from a
lawsuit in which it accuses Rohm Co. Ltd. of infringing three patents
related to liquid crystal display backlighting technology: (IP
Law360),
- Qualcomm – Qualcomm
sanctioned $8.6m and lawyers referred to State Bar over failure to turn
over documents in patent infringement trial against Broadcom Corp.: (IPBiz),
(IP
Law360), (Patent
Prospector),
- Recording Industry
Association of America – RIAA copyright infringement suit against Mr
Howell for copying music to his computer and the surrounding controversy: (Patry
Copyright Blog), (more related coverage from Patry
Copyright Blog), (China
Hearsay), (IP
Central),
- Sara Lee Corp – LEGSTICK
confusingly similar to famous L’EGGS mark for hosiery, says TTAB: (TTABlog),
- Silicon Image Inc. - California
Federal Court denies request by video microchip manufacturer Silicon to
stop rival Analogix Semiconductor Inc. from selling chips allegedly based
on confidential trade secrets: (IP
Law360)
- Sony - Sony drops all claims
against third-party defendant Microsemi in its patent infringement case
concerning liquid-crystal-display backlighting technology: (IP
Law360),
- Tessera Technologies Inc.
- US International Trade Commission grants Tessera’s request to investigate importation of certain
allegedly infringing semiconductor technology in products that use DRAM: (IP
Law360),
- Test.com - USPTO rejects
of all sixteen claims of the Test.com Internet test-taking method patent
[6,513,042] on grounds of obviousness: (IPBiz),
- Traffic Information LLC -
Traffic Information sues several manufacturers of global positioning
system navigation devices for allegedly violating a patent for a traffic
information system: (IP
Law360),
- US Philips Corp – Court
rules notice by related third party triggers damages; even numerical
ranges have equivalent in US Philips patent infringement case against
Iwasaki: (Mondaq),
- Visa – Visa settles suits
over no-contact credit card patent with California-based patent-holding
firm: (IP
Law360),
- Wacom – Dispute over
privilege log resolved by joint CR 37(a)(2)(B) submission in Wacom’s
patent infringement case against Hanvon Corporation: (Washington
State Patent Law Blog),
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