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Friday, February 1, 2008 3:00am — IP THINKTANK GLOBAL WEEK IN REVIEW

IP Think Tank Global Week in Review - 1 February 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 Thinktank Global week in Review at http://feeds.feedburner.com/DuncanBucknellsGlobalWeekInReview

Highlights this week included:

Global

Pharma

  • European Commission raids pharmaceutical companies in sector-wide inquiry on patent abuse: (The IP Factor),
  • Thailand plans to issue four cancer drug compulsory licences - Vichai panel has advised the public health minister to issue compulsory licences for Letrozole, Imatinib, Docetaxel, and Erlotinib: (Generic Pharmaceuticals & IP) (for update on Imatinib see posting listed by drug name below),
  • Indian company Suven Life Sciences granted US patent for a class of Serotonin receptor affinity compounds, used in the treatment of neuro-degenerative conditions: (Spicy IP),
  • FDA: broken, like the USPTO?: (IPBiz),
  • State of the Union address 28 Jan 2008: statement regarding patenting human life: (IPBiz), (Patently-O),
  • Alnylam Pharmaceuticals secures UK patent covering molecules that affect RNA interference: (SmartBrief),
  • Doha style compulsory licences for exports: The politics…: (Spicy IP),
  • Pushing to compulsory licensing: Pharma companies heading closer to Doha: (Spicy IP),
  • Financial Express on the battle between big pharma companies and the generic industry: (Spicy IP)
  • Avandia (Rosiglitazone Maleate) – GSK receives Indian patent for hydrate form of Rosiglitazone Maleate: (Patent Circle),
  • Glivec (Imatinib) – Natco receives stay from the Supreme Court against Chennai High Court’s order for the IPAB hearing of Novartis appeals regarding Imatinib without a technical member: (Generic Pharmaceuticals & IP), (Spicy IP),
  • Glivec (Imanitib):Thailand avoids compulsory licence on cancer drug with Novartis agreeing to provide the drug free under a government-sponsored health insurance program: (Intellectual Property Watch), (Generic Pharmaceuticals & IP),
  • Mevalotin (Pravastatin) - Teva files patent lawsuit against Kyowa Hakko Kogyo with Tokyo District Court in relation to a cholesterol lowering drug: (The IP Factor),
  • Namenda (Memantine) – Forest Laboratories sue six generic drug-makers over patent relating to Nemenda Alzheimers drug: (IP Law360),
  • Namenda (Memantine) – Forest Laboratories sues Upsher-Smith Laboratories for patent infringement to stave off a generic version of its drug Namenda: (IP Law360),
  • Ofloxacin - Apotex gets $5m in wrongful injunction damages in its battle with Daiichi Sanko over a patent relating to an antibacterial ear medicine: (IP Law360), (Patent Prospector),
  • Opana (Oxymorphone) – Endo Pharmaceuticals and Penwest Pharmaceuticals sue Impax for alleged patent infringement as Impax moves closer to marketing a generic version of Opana: (IP Law360),
  • Protonix (Pantoprazole) – Wyeth and Nycomed announce they will launch generic version of Protonix: (Generic Pharmaceuticals & IP), (IP Law360), (IPNewsFlash), (IPNewsFlash2)
  • Protonix (Pantoprazole) – Sun launches generic version of Protonix: (Generic Pharmaceuticals & IP), (SmartBrief),
  • Selzentry (Maraviroc) - Pfizer agrees to give International Partnership for Microbicides a royalty-free license to Maraviroc, its newly-approved HIV treatment: (SmartBrief), (more from SmartBrief),
  • Sutent (Sunitinib) - Natco requests Indian government to grant it a compulsory licence for Sutent, renal cancer drug, from Pfizer: (Generic Pharmaceuticals & IP),
  • Tarceva (Erlotinib) – Natco requests Indian government to grant it a compulsory licence for Tarceva, lung cancer drug, from Roche: (Generic Pharmaceuticals & IP),
  • Tarceva (Erlotinib) - Roche patent infringement action against CIPLA before Delhi High Court over Tarceva patent: (Update: the law on temporary injunctions – Spicy IP and correction at Spicy IP), (Pricing issues – Spicy IP), (Some dates – Spicy IP), ( Businessworld article – Spicy IP), (Litigation analysis Patent Circle; Patent Circle, Patent Circle and Patent Circle), (Litigation analysis III - Patent Circle), (Contours of section 3(d) – Spicy IP), (Litigation analysis IV - Patent Circle), (Reader comments – Patent Circle),
  • Viread (Tenofovir) – US Patent Office rejects Gilead’s HIV/AIDS drug patents in response to prior art submitted by the Public Patent Foundation: (IPBiz), (Patent Circle), (Spicy IP),
  • Zantac (Ranitidine) – Cypress and GSK settle on Ranitidine oral suspension: (Generic Pharmaceuticals & IP), (IP Law360)

Africa

  • Microsoft ‘outs’ SA infringers: (Afro-IP),
  • Japan to fund ‘better use’ of African IP: (Afro-IP),
  • BSA-IDC report pinpoints benefits predicted from reducing SA software piracy: (Afro-IP),
  • Kenya Appeal Court denies single colour protection: (Afro-IP),
  • Second Botswanan Minister to speak out on the importance of an effective intellectual property regime to the Botswanan economy: (Afro-IP) (and post script – Afro-IP)

Australia

  • Public consultation on ‘format shifting’ of photo and films: (IP Menu News),
  • Parallel imports and section 123 of the Trade Marks Act: (Australian Trade Marks Law Blog),
  • ‘New England Australia’ is now a geographical indicator for wine: (Dilanchian),
  • Jail sentence for copyright infringement: Le v R: (IP Down Under),
  • Trade mark infringement: who can provide consent?: Industries Ltd v Dynamic Supply Pty Ltd: (IP Down Under)

Brazil

  • IFPI raids hundreds of internet cafes: 600 cops, one arrest: (Ars Technica)

Canada

China

Europe

  • Standardisation policy more effective than legislation on IP?: (Intellectual Property Watch),
  • ECJ rules that EU law does not force disclosure of internet users’ details in file-sharing cases in Productores de Música de España (Promusicae) v Telefónica de España SAU: (Out-Law), (IPKat), (Catch Us If You Can!!!), (Intellectual Property Watch), (Out-Law), (Electronic Frontier Foundation),
  • ECJ ruling in Productores de Música de España (Promusicae) v Telefónica de España SAU may bolster case for ISP-level filtering: (Ars Technica),
  • Promusicae is relevant to trade mark infringements too: (Class 46),
  • London Agreement to enter into force on 1 May 2008 following France’s ratification: (BLOG@IP::JUR), (IPKat), (IP Updates), (IPEG), (IAM), (Patent Docs),(Patent Baristas),
  • OHIM: National search report for CTMs becomes optional: (BLOG@IP::JUR), (Class 46),
  • IQNet mark opposed by EC for containing elements of the European Community flag: (Catch Us If You Can!!!),
  • ECJ to clarify ‘bad faith’ in Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH: (Class 46),
  • CFI upholds OHIM’s rejection of Japan Tobacco’s opposition to Torrefaccao Camelo’s figurative mark including the depiction of a camel, palm trees and pyramids: (The IP Factor), (Class 46),
  • Federación de Cooperativas Agrarias de la Comunidad Valenciana loses appeal before the CFI in its plant varieties case: (IPKat),
  • AG delivers opinion in HutchinsonO2 holdings v 3G regarding comparative advertising containing non-identical trade marks: (IPKat), (more from IPKat), (Class 46), (Catch Us If You Can!!!),
  • EU to take Taiwan to WTO over compulsory licensing provision: (Spicy IP), (IP Watch),
  • European Patent Office fee changes may prompt change in patent filing strategy: (IP Spotlight),

France

  • Debate on merger of professions of patent attorneys and lawyers stalled in entrenched fights?: (BLOG@IP::JUR),
  • French patent chief hopeful of European litigation agreement in second half of 2008: (IAM),
  • French government pressing ahead with plans to cut off the internet access for those caught sharing files via P2P: (Ars Technica)

Germany

  • No safe habour for RapidShare in copyright infringement case brought by GEMA (the German recording industry association): (Ars Technica),
  • Implementation of London Agreement: German patent law now in a shambles?: (BLOG@IP::JUR),
  • German Federal Patent Court gives guidance on trade mark protection for the names of fictitious and unknown persons: Percy Stuart: (Class 46)
  • IP-Com (backed by Fortress Investment Group) sues Nokia in a $17.8 billion infringement suit over mobile communication patents: (IPLaw360), (PatentTrollTracker)

India

  • Bollywood and online piracy: (Spicy IP),
  • Supreme Court on whether Indian court judgments are copyrightable: Eastern Book Company v. D.B. Modak: (Spicy IP), (Guest post - Spicy IP),
  • India and TRIPS compliance: Protectionist policies: (Spicy IP),
  • Punjab University Dean proposes new model to share IP right: (Spicy IP),
  • Indian fast-moving consumer goods sector looks to brand valuation as a marketing tool: (IP Finance),
  • Moves to protect traditional knowledge: (Spicy IP), (more from Spicy IP)

Ireland

  • New Irish notice on costs in opposition proceedings: (Class 46)

Japan

  • First arrest of a computer virus writer in Japan… for copyright infringement: (IPKat),
  • Japan blocks import of Nanya SDRAM chips at Fujitsu’s request: (IP Law360)

Latvia

  • IP protection in Latvia : (Mondaq)

New Zealand

  • NZ Court of Appeal finds Cadbury not entitled to the word PURPLE for non-purple confectionary products in Cadbury Ltd v Effem Foods Ltd: (IP Down Under)

Norway

  • Norwegian public broadcaster uses BitTorrent for content distribution: (Michael Geist)

Spain

  • Spain condemned for non-implementation of resale rights directive: Commission des Communautés européennes v Royaume d’Espagne: (IPKat)

Switzerland

  • Switzerland warns Logistep, a company that tracks file-sharers for copyright infringements, that its tactics violate Swiss telecommunication law: (IPKat), (Ars Technica),
  • Electronic filing of international trade mark applications from February 2008: (Class 46)

Taiwan

  • EU to take Taiwan to WTO over compulsory licensing provision: (Spicy IP), (IP Watch),

United Kingdom

  • Gemstar commences patent litigation proceedings in the High Court against Virgin Media: (IMPACT), (IPEG),
  • Baroness Morgan to become the next British Minister for Intellectual Property: (IPKat),
  • High Court allows computer program patent claims in Astron Clinica & Ors v The Comptroller: (IPKat), (BLOG@IP::JUR), (Filemot), (IAM), (The IP Factor), (IP Updates), (IMPACT), (IPcentral Weblog), (Out-Law), (IPBiz),
  • Globe found liable for trade mark infringement and passing off in its battle with D Jacobson & Sons over logo used on footwear: (IPKat), (Class 46),
  • Public consultation on new exceptions to copyright infringement: (IP Menu News),
  • UK introduces option for fast track trade mark examination: (Rouse & Co International),
  • Kitchin J hands down decision regarding the Hearing Officer’s discretion to allow amendments to a patent application in M-Systems v Trek: (IPKat),
  • Don’t expect privacy law overhaul in the wake of HMRC: (Out-Law),
  • Amazon: one step closer to DRM free tracks in the UK?: (IMPACT),
  • Information Commissioner’s Office finds Marks & Spencer breached data protection law when it allowed details of employees to be held on a laptop without the protection of encryption: (Out-Law),
  • Information Commissioner wants new criminal offence of recklessly or knowingly breaching data protection principles: (Out-Law),
  • UK High Court begins hearing case between Visto Corp and Research in Motion over email messaging technology: (IP Law360),
  • MySpace wins UK domain name that pre-dated its service: (Out-Law), (Techdirt),
  • Who’s requesting UKPO invalidity and noninfringement opinions: (IP Updates),
  • UKIPO issues practice guidance on correspondence: (Class 46),
  • UKIPO: Copies of UK patent files available through online forms: (IP Menu News),
  • Database rights: does Crowson Fabrics change things?: (IMPACT),
  • Guidance from Court of Appeal on staying parallel patent revocation actions: Glaxo Group v Genentech & Biogen: (Rouse & Co International)

United States

US General

  • IP and innovation: Why the US will always lead the way: (IAM)
  • Tafas files opposition brief to USPTO's summary judgment motion in the matter of stopping implementation of the agency's proposed rules limiting patent filings and examination: (Patent Prospector),
  • More on Patent Exhaustion and LG v Quanta: (Patent Baristas)

US Patent Reform

  • Patent reform: bad for (small) business: (IPBiz),
  • Patent reform 2008: less protection for the underdog?: (IPBiz),
  • Draft Report on Senate Patent Reform Bill: Applicant quality submissions and micro-entities: (Patent Docs),
  • Draft Report on Senate Patent Reform Bill: Damages: (Patent Docs),
  • Senate Patent Reform Bill on interlocutory appeals of claim construction orders: (IP Updates),
  • Senate Patent Reform Bill on mandatory search requirements: (IP Updates),
  • Congressional Research Service Report on Patent Reform: (IP Updates), (Anticipate This!),
  • Senate Patent Reform Bill on prior art grace period: (IP Updates),
  • Senate Patent Reform Bill on prior user rights: (IP Updates),
  • Patent Reform Act of 2007 – Initiative relevant to prosecution: (Anticipate This!),
  • Patent-granting system awaits serious shake-up: (IP Law360)
  • Patent reform debate: response to Alexander Poltorak’s editorial article: (Patent Troll Tracker), (Patent Prospector),
  • USPTO does not support Patent Reform Bill: (PLI),
  • Patent reform: Unsettling rights: (Patently-O),
  • Patent Act won’t meet ‘efficiency’ goals: (IP Law360),
  • Patent reform: patent cases and multi-district litigation: (Patent Troll Tracker),
  • Patent reform 95% of the way there?: (IPBiz),
  • Patent reform: damages apportionment: (Patent Prospector),
  • Patent reform: Outside looking in: (Patent Prospector),
  • Tension rises as patent reform hits ‘the final stretch’: (Peter Zura's 271 Patent Blog),
  • A dupe of the opposition to US patent reform? Me?: (Experience Not Logic),
  • Draft Report on Senate Patent Reform Bill: Interlocutory decisions and venue: (Patent Docs),
  • Senate Patent Reform Bill may do damage to damages: (IP Law360),
  • Dozens of letters opposing patent reform sent to Senators: (Washington State Patent Law Blog), (Patent Docs),
  • Death to Cybor de novo claim construction review through Leahy, s 1145 Patent Reform Act: (Harold Wegner),

US Copyright

US Patents

  • Patenting life (Part III): (Patent Docs),
  • IRS Taxpayer Advocate Service issues annual report which strongly condemns patents on tax strategies: (Harold Wegner),
  • Lawyer asserts copyright in cease and desist letter: (IPKat), (Likelihood of Confusion),
  • Texas Bar Journal ‘Year in review’ 2007 – ‘Patent litigation: a changing landscape’: (EDTexweblog),
  • N.D. GA : Supreme Court’s Twombly decision doesn’t affect pleadings in patent cases: FlintCBT Partners v Goodmail Systems: (Peter Zura's 271 Patent Blog),
  • Canada and Korea added to ‘patent prosecution highway’: (IP Law360), (Patent Docs), (PLI), (IP Menu News),
  • ‘New route’ created between USPTO and JPO: (Patent Docs), (PLI), (IP Updates),
  • Business methods: Patenting computer and machine implemented inventions since Nuijten and Comiskey – webinar 14 Feb 2008: (Philip Brooks),
  • Business methods: A litigator’s perspective: (PLI),
  • Looking for the brighter side of KSR: (PLI),
  • Reading the tea leaves of PCT files: (PLI),
  • NDN Globalisation Initiative releases report entitled ‘The idea-based economy and globalization: The real foundations of American prosperity in the 21st century’: (IPcentral),
  • N-Data signals important new enforcement trend: (IP Law360),
  • Claim interpretation should include disclosed embodiments: Oatey v IPS: (Patently-O), (IPBiz), (Patent Prospector),
  • Estimating damages: Using hindsight – Janis Joplin’s Yearbook: (Philip Brooks),

US Trademarks

  • PTO letters of protest: Is ‘CYBERLAW’ registrable?: (TTABlog),
  • Qualcomm sets the baseline for e-discovery: (IP Law360),
  • TTAB reverses mere descriptiveness refusal of ‘SUGAR No. 11’ for futures exchange serves and finds specimen of use acceptable: In re ICE Futures US, Inc: (TTABlog), (IP Updates),
  • Mesmerized by fame of "VANITY FAIR" mark, TTAB sustains 2(d) opposition to "VANITY INSANITY" for clothing: (TTABlog),

US Companies / Entities

  • American Seating: CAFC considers invalidity by prior use and lost profits damages in patent infringement lawsuit against USSC Group: (Patent Prospector), (IP Updates),
  • Barracuda Networks – Barracuda defends ClamAV antivirus program from patent threats made by Trend Micro: (Ars Technica), (Patent Prospector),
  • Bayer Bioscience – Monsanto awarded $8.5m after Federal Appeals Court upheld decision that Bayer’s insect-resistant corn patents were unenforceable due to inequitable conduct: (IP Law360), (IPBiz), (Patent Baristas), (IP Updates), (Patently-O), (Patent Prospector), (Patent Docs),
  • Boston Scientific – Federal Judge refuses to dismiss or transfer four Boston Scientific lawsuits seeking to invalidate Johnson & Johnson’s patents for coronary stents: (IP Law360), (Delaware IP Law Blog),
  • Council on American Islamic Relations – CAIR asks Judge to throw out radio host, Michael Savage’s, copyright lawsuit over radio clips posted on CAIR’s website: (Electronic Frontier Foundation),
  • Crown Packaging Tech – Court finds Crown Packaging Tech’s patent claim invalid for lack of adequate written description in its case against Rexam Beverage Can Co: (Delaware IP Law Blog),
  • eSpeed – District Court denies eSpeed’s motion for judgment on grounds of patent unenforceability due to misuse in its case against Trading Technologies: Restrictive license agreements are not patent misuse: (Chicago IP Litigation Blog),
  • Fisher-Price - Icon Health & Fitness Inc. has sued Fisher-Price for patent infringement over technology that electronically simulates a mountain hike: (IPLaw360)
  • Fujitsu – Fujitsu and subsidiary launch suit accusing Tellabs of willfully infringing four of their patents relating to optical communications products: (IP Law360), (Fujitsu), (DailyTech),
  • Global Patent Holdings – Global Patent Holdings’ JPEG on a website patent is to be reexamined again following an ex parte reexamination request from an anonymous third party: (Patent Troll Tracker),
  • Google – Google settles patent dispute with Skyline Software Systems over Google earth: (IP Law360),
  • Halliburton – Appellate Judge affirms lower court’s dismissal of patent lawsuit brought by Halliburton against M-I due to vagueness of key term in the patent: (IP Law360), (IP Updates), (Patent Prosepector), (Peter Zura's 271 Patent Blog),
  • Hasbro – Bogglific, an online version of Boggle, has been removed from Facebook following receipt of letter of demand from Hasbro: (IP Law360),
  • LTG – Finding acquired distinctiveness and substantial exclusivity lacking, TTAB cancels LTG’s registration for the color gold for fluorescent lamps: TTABlog),
  • Matsushita and Samsung have settled all ongoing patent infringement suits in the USA and Japan over semiconductor technology: (IPLaw360)
  • Microsoft – ITC determines Alcatel-Lucent infringed Microsoft’s patents covering devices that integrate telephones and computers: (IP Law360), (post covering litigation history between Microsoft and Alcatel-Lucent – Techdirt),
  • Microsoft - Non-documentation related sanctions imposed on Microsoft in its 2002 consent decree are extended until November 2009 due to non-compliance (John Carroll), (Ars Technica),
  • Microsoft – Microsoft settles mouse patent cases brought by F and G Research Inc: (Washington State Patent Law Blog), (IPLaw360),
  • N-Data – FTC stops N-Data from charging excessive royalities on standardized ethernet patents: (Patent Prospector),
  • Qualcomm –Federal Judge denies Qualcomm’s motion to stay an injunction prohibiting the company from importing and selling certain chips that infringe Broadcom’s patents: (IP Law360),
  • Rambus – Rambus has prevented its rivals from using the expression ‘patent troll’ in its dynamic random access memory chip patent case against Hynix, Samsung, Nanya and Micron: (IP Law360), (Patent Prospector),
  • Rambus – FTC opinion not allowed as evidence in patent infringement case between Rambus and Hynix, Micron and Nanya: (IP Law360), (Patent Prospector),
  • RIAA pushes to expand statutory damages provision of copyright law: (Ars Technica), (Techdirt), (Patry Copyright Blog),
  • RIAA sees a 99.6% capitulation rate from students at University of Tennessee facing copyright infringement action in connection with file-sharing: (Ars Technica),
  • RIAA chief: We don’t see a need for mandatory ISP filtering: (Ars Technica),
  • RIAA - Magistrate judge suggests Rule 11 sanctions against RIAA lawyers in Arista v Does 1-27: (Ars Technica), (Techdirt),
  • Samsung – ITC investigates imports of products containing LCD devices by Sharp in connection with a patent dispute between Samsung and Sharp: (Philip Brooks),
  • SDMK – SDMK launches patent infringement action against eight defendants over its patents relating to portable digital multimedia products: (IP Law360),
  • Sprint Nextel – Sprint Nextel commences patent infringement proceedings against Big River Telephone, Broadvox, NuVox, and Paetec Communications over VOIP technology: (Patent

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