IPthinktank
IP ThinkTank blogIP Scorecards
  • Articles
  • Books
  • Our Work
  • Our Team

Blog Archive

Recent Posts

Friday, February 8, 2008 10:00pm — IP THINKTANK GLOBAL WEEK IN REVIEW

IP Think Tank Global Week in Review - 8 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 the Subscribe page: http://duncanbucknell.com/subscribe/

Highlights this week included:

Global

Global - General

  • Customs duties on royalties and licence fees: (IP finance),
  • WIPO: Trade secrets and employee loyalty: (WIPO),
  • Global warming and IP: (Spicy IP),
  • Speed, cost & global consistency: (IP ThinkTank),
  • IP rights in Brazil, Russia, India and China exonomies economies: (IPcentral),
  • Why economists are so wrong about IP, part 324: (IAM),
  • Top 5 things for a Chief Intellectual Property Office to focus on: (IP ThinkTank),
  • IP issues are business issues – An interview with Jeremy Phillips: (IP ThinkTank),
  • Finance firms must recognize the importance of IP: (IP finance),
  • Most journalists may not understand IP, but do not give up on them: (IAM)

Global - Trade Marks / Domain Names / Brands

  • WIPO: statistics on trade mark application by office since 1883: (Class 46),
  • WIPO: domain ‘danonecancer.com’ registered in bad faith: (Class 46),
  • Global Congress calls on government leaders to engage in battle against counterfeiting and piracy: (WIPO),

Global - Patents

  • Eco-Patent Commons: (MaRS),
  • Linux kernel creator, Linus Torvalds, on patents and software giants: (Patent Prospector), (Washington Post), (ZDNet), (InformationWeek),
  • Patent audits and internal invention surveys: 7 strategies, 33 tactical steps, and 2 benchmarks: (Metropolitan Corporate Counsel),
  • Thomson Scientific Patent Focus Report 2008 reviews key statistics and developments from 2007 for patents and patent owners in China, Europe, India, Japan and the Umited States: (Thomson Scientific),
  • German Standards Institute DIN – General principles for proper patent valuation: (IP finance),

Global - Copyright

  • WIPO Standing Committee on Copyright and Related Rights (SCCR) 16th Session - 10-12 March 2008: (IP Justice),
  • Royalty agreements holding up necessary change in the music industry: (Techdirt),
  • New online licensing deals signal direction for music industry: (Intellectual Property Watch),
  • Are your pictures on Facebook? – Facebook’s contractual rights to users’ photos problematic: (Spicy IP)

Pharma

  • European Commission probes pharmaceutical sector: (Philip Brooks),
  • WHO Board sets course on IP, avian flu, tighter publication policy: (Intellectual Property Watch),
  • India: The Competition Act, patents and over hyped drugs: (Part I - Spicy IP), (Part II – Spicy IP), (Part III – Spicy IP),
  • Ignoring not the solution – response to D Ravi Kanth’s article ‘Drug Capitalism’: (Patent Circle),
  • President Bush proposes FY2009 FDA Budget: follow-on biologics and new user fee legislation on tap for 2008, as well as plans to resurrect FDAAA DTC TV ad user free program: (FDA Law Blog), (GenericsWeb),
  • Thailand’s new Health Minister declares review of compulsory licences for 4 cancer drugs, two HIV-AIDS drugs and a heart treatment: (Generic Pharmaceuticals & IP),
  • UK Court rejects claim by US pharma company Eli Lilly and Co to stop a British pharmacy from buying supplies of Eli Lilly's drugs in Turkey and then selling them on to online pharmacies in Canada: (Class 46), (IPFactor),
  • CAFC rejects Roche Molecular’s request for writ of mandamus in its legal battle with Stanford University over ownership and license rights to HIV monitoring patents: (IP Law360), (Patently-O),
  • Altace (Ramipril) – FDA explains why Cobalt has 180-day exclusivity: (Orange Book Blog), (Generic Pharmaceuticals & IP),
  • Cipro (Ciprofloxacin) – FTC files amicus brief in case brought by Cipro purchasers claiming the patent litigation settlement reached by Bayer and several generic drug companies violates antitrust laws: (Orange Book Blog),
  • Crestor (Rosuvastatin) – Apotex commences lawsuit against AstraZeneca for blocking a generic version of Crestor: (IP Law360),
  • Cubicin (Daptomycin) – Corrected Cubist patent now relisted in Orange Book: (GenericsWeb)
  • Depakote (Valproate semisodium) – Abbot sues Sun Pharmaceuticals to block generic Depakote: (IP Law360),
  • Enbrel (etanercept ) / Kineret (Anakinra) - Federal judge allows Amgen to add inequitable conduct to declaratory judgment suit against Ariad: (IP Law360), (Patent Docs),
  • Fosamax (Alendronate) – Merck’s Fosamax patent expires: Watson Pharmaceuticals to distribute authorized generic version, Teva and Barr also launch FDA approved generic versions: (SmartBrief), (Patent Circle), (In Vivo Blog), (Patent Circle), (GenericsWeb)
  • Glivec (Imatinib) – Thailand government will not impose compulsory licence on cancer drug following Novartis offer to provide the drug free through Glivec International Patient Assistance Program: (Reuters), (Spicy IP), (Patent Circle), (Medindia.com), (IP Law360), (Patent Docs),
  • Lovenox (Enoxaparin) – Sanofi-Aventis could face antitrust charges if company loses Lovenox patent case against Teva and Amphastar: (FT.com),
  • Nadifloxacin - Wockhardt receives patent for antibacterial NCE: (Patent Circle),
  • Protonix (Pantoprazole) – Wyeth and Nycomed announce launch of generic Protonix: (IPBiz),
  • Protonix (Pantoprazole) – Teva introduces generic Protonix delayed-release tablets: (genericsweb), (IN VIVO Blog),
  • Tarceva (Erlotinib) - Roche patent infringement action against CIPLA continues before Delhi High Court: (Generic Pharmaceuticals & IP), (International Law Office), (SpicyIP),
  • Zantac (Ranitidine) – GSK and Cypress settle Zantac syrup suit: (Patent Docs),
  • Zantac (Ranitidine) – Boehringer sues Apotex to protect Zantac patent: (IP Law360)

Africa

  • Don’t sign Economic Partnership Agreements with EU, African states are warned: (Afro-IP),
  • Japanese government reports on first conference regarding support for Africa in the field of IP: (Afro-IP),
  • E&xnbsp;Africa semper aliquid novi – replicas and Ghanaian trade mark law: (Afro-IP),
  • South African Screen Federation report calls for new IP model for public broadcasters: (Afro-IP),
  • WIPO’s answer to traditional knowledge protection: (Afro-IP),
  • More on traditional knowledge protection… and GeoWebs: (Afro-IP),
  • SA Court prepared to send company directors to jail to protect brand owner in case between Simeka Business Solutions Group and Business Systems Group: (Afro-IP)
  • OHIM’s latest stats: what they say about Africa: (Afro-IP)

Australia

  • Shape trade mark not a means to protect an article formerly exploited under a patent: Mayne Industries P/L v Advanced Engineering Group P/L: (Australian Trade Marks Law Blog), (Mondaq),
  • Domain name disputes and the Uniform Domain Name Dispute Resolution Policy: (Australian Trade Marks Law Blog),
  • Trade Marks Office finds ‘Dirty Kustoms Industries’ deceptively similar to ‘Kustoms’: (Mondaq),
  • Federal Court finds infringement of copyright in project home plans in Gaunt v Hille: (Mondaq),
  • Federal Court revokes Mr G Stack’s petty patent relating to water meter assemblies: (Mondaq),
  • Government reviews format shifting exceptions for film and photos: (Mondaq),
  • Australian Taxation Office considers new rules to deter illegal transfer pricing: (Mondaq),
  • Ziliana unsuccessfully sues Polo Ralph Lauren for copyright infringement in imported clothes bearing polo symbol: Polo/Lauren Company LP v Ziliani Holdings P/L: (IP Down Under), (IPwar’s),
  • Scotch Whisky Association objects to geographic connotation in ‘Glenn Oaks’ mark for bourbon: (IP Down Under)
  • Ralph Lauren Copyright Case against importer demonstrates difficulties prevent parallel imports: (Mallesons),

Brazil

Bulgaria

  • Bulgaria deposits instrument of accession to Singapore Treaty on Trade Marks: (Class 46), (IPKat), (WIPO)

Canada

  • CIPO announces its participation in the Canada-US Patent Prosecution Highway pilot: (ipblog.ca),
  • Julianna Yau on CMEC copyright proposal: (Michael Geist),
  • The conservative copyright MPs – An update: (Michael Geist),
  • Is Prentice’s Copyright Bill born in the USA?: (Michael Geist),
  • Prentice backtracks on Treaty Policy: (Michael Geist),
  • Microsoft misleads on copyright reform: (Michael Geist),
  • Angus issues 3-step approach for effective copyright reform: (Michael Geist)
  • Canadian Trade-mark battles: (IPblog)

China

  • Deputy Commissioner of SIPO meets with Director of Mongolian IP Office to discuss potential cooperation projects between the two offices: (SIPO),
  • Record labels sue Baidu over providing links to file-sharing sites: (Ars Technica), (Techdirt), (Out-Law), (IP Law360), (Copyfight),

Czech Republic

Denmark

  • Danish County Court orders ISP to block Pirate Bay (torrent tracker): (Techdirt), (Innovationpartners),
  • ISP ordered to block Pirate Bay, Tele2, considers fighting order: (Techdirt)

Europe

  • EC publishes list of customs contacts for IP infringement: (Class 46),
  • ECHR to clarify how data protection laws and human rights laws interact in Michael Marper v UK: (Out-Law),
  • European patent translation requirements to ease with London Agreement coming into force on 1 May: (Daily Dose of IP), (Out-Law), (Harold Wegner), (Catch Us If You Can!!!), (The Register), (EPO),
  • EPO: XY Inc’s ‘frozen sperm’ patent upheld in amended form: (Daily Dose of IP),
  • OHIM publishes Service Charter: (Class 46),
  • France set to make copyright term extension for sound recordings a priority of its upcoming six-month presidency of the EU, despite opposition from UK and Germany: (IPKat),
  • OHIM: New decision of the Presidium of the Boards of Appeal: (Class 46),
  • ECJ rules that member states may, but do not have to, provide that copyright owners can subpoena the ISP to identify the alleged infringer: Promusicae v Telefonica de Espana: (IPwar’s),
  • EFF: Fighting for digital rights in Europe – our next year: (Electronic Frontier Foundation),
  • Alison Brimlow on the EPO’s future: (IPKat)

France

  • French IP Office reports top trade mark applicants: (Class 46),
  • What’s the right amount of damages? Personality rights French style: N Sarkozy and C Bruni v Ryanair: (Catch Us If You Can!!!)

Germany

  • RapidShare file sharing case: dichotomy of opinion: (Spicy IP),
  • IP-Com, sues Nokia for infringement of 8 patent families in German patent court: (Techdirt), (IP finance), (IPEG), (IAM), (more from IAM),
  • Applicable law is that in force on date of registration, rules German Federal Patent Court in Lastminit trade mark case: (Class 46),
  • Cook Inc files patent infringement suit in Dusseldorf District Court against Edwards Lifesciences over artificial heart valves: (IP Law360),
  • Could ‘Berliner Currywurst’ be a trade mark?: (Class 46)

Honduras

  • Trademark Law Treaty accession by Honduras: (WIPO)

India

  • Period for copyright protection expires: Get ready for Bollywood all over again!: (Spicy IP),
  • Role of Geographical Indications in the field of traditional knowledge: (Mondaq),
  • India : The place of generics in a product patent regime: (Mondaq)
  • Economic significance whether inventive step?: (Mondaq),
  • Grassroot innovation gets a helping hand from NIF: (Spicy IP)

Italy

  • Italian parliament may have unwittingly legalized sharing music over P2P networks: (Ars Technica)

Korea

Netherlands

  • Hertogenbosch Court of Appeal rules that filling prelabelled cans with drink amounts to ‘use’ of an infringing mark: Red Bull v Winters & Smart Drinks: (Class 46),
  • Does ‘Geert Wilders… Extremist… Harms you and society seriously’ infringe the Marlboro trade mark?: Opinion article on freedom of expression and trade mark protection: (Class 46),
  • Public authorities and the publication of copyrighted material: (International Law Office)

New Zealand

Malaysia

Poland

  • Trade mark attorney's minimum fees published in Gazeta Prawna: (Class 46),
  • Court of Conciliation for Internet Domains orders gmail.pl to remain with poets: (Class 46)

Sweden

  • Sweden prosecutor charges Pirate Bay operators with conspiracy to break copyright law and being an accessory: (Spicy IP)
  • Pirate Bay: big revenue claims fabricated by prosecutors: (Ars Technica),
  • Swedish and EU design protection adjudication: (International Law Office),

Taiwan

  • EU report criticizes Taiwanese compulsory licensing practices for CDs: (Catch Us If You Can!!!),
  • Group of Major Microsoft counterfeiters sentenced to 4 years in prison: (Ars Technica)

Thailand

  • Thailand announces prospective membership in Paris Convention and PCT: (Patent Docs)

United Arab Emirates

United Kingdom

  • No presumption against parallel proceedings in patent revocation cases: Glaxo Group Ltd v Genentech Inc and Biogen Idec Inc: (IPKat),
  • Trek 2000’s memory stick patent revoked in UK High Court: (IP Law360),
  • So you can cancel a mark that has been revoked: T-Mobile (UK) Ltd v O2 Holdings Ltd: (IPKat),
  • Bailii monographs are on the way!: (IPKat),
  • From Vicom to Astron Clinica – computer program patent claims: (IPKat), (IPKat)
  • UKIPO: How to extend UK (and in some cases EPO- or EU-originated) IP rights to the Pacific island of Kiribati: (IPKat),
  • myspace.co.uk awarded to MySpace even though the domain name had been registered long before MySpace came into existence: (IPwar’s),
  • IP Crime Group releases UK IP Crime Report: (Mondaq),
  • UK government puts pressure on ISPs to reach voluntary scheme with music and film industries to combat illegal file sharing: (Mondaq),
  • UK launches trade mark fast-tracking option: (Mondaq),
  • Autonomy loses UK patent appeal relating to automated computer searching: (IPKat),

United States

US General

US Patent Reform

US Patents

  • Patent Litigation Statistics for January 2008: (Patent Troll Tracker),
  • A potpourri of patent perspectives: (Mondaq),
  • Is that reference publicly accessible? Well, it depends on the facts: SRI Int’l, Inc v Internet Sec. Sys., Inc: (Mondaq),
  • Time to toss the general dictionary?: Number of CAFC decisions citing a dictionary: (Patently-O), (IP Updates),
  • Patent standards and investment in alternative energy: (IP Law360),
  • EFS-Web – web-based patent application and document submission solution: (IPBiz),
  • Washington Law Foundation webinar on Smithkline Beecham v Dudas – 5 Feb 2008: (IP ThinkTank),
  • Discussion of Judge Plager and L Pettigrew’s ‘Rethinking patent law’s uniformity principle: a response to Nard and Duffy’: (IPBiz), (IP Updates),
  • Current patent topics from inside the Beltway: (Harold Wegner),
  • Bad arguments at the Federal Circuit – The Court strikes back: Oatey Co v IPS Corp: (Harold Wegner),
  • Frivolous appeal, briefing and argument: F & G Research, Inc v Dynapoint Taiwan: (Harold Wegner),
  • Northern District of California ’s new patent litigation rules: (Patently-O), (IP Updates),
  • Obviousness training for USPTO examiners: (Patent Prospector), (IP Updates),
  • Federal Circuit patent mediation success rate at 42%: (IP Updates), (Harold Wegner),
  • For example, language in specification following ‘e.g.’ found to be an express definition, rather than an example: Sinorgchem v ITC: (Mondaq),
  • New US Patent Rules face challenge; the result is the state of patent practice is in flux: (Metropolitan Corporate Counsel),
  • The proposed new Patent Rules and how they may affect your company: (Metropolitan Corporate Counsel),
  • Teach your jurors well: (IP Law360),
  • The once-company: (Patent Troll Tracker),
  • Rule 11 – Reasonable prefiling investigation: (Philip Brooks),
  • USPTO first quarter allowance rate: 44%: (Anticipate This!),
  • Close call at the BPAI – Near-precedential decision sinks computer claim under utility requirement: Ex parte Nehls et al: (Peter Zura's 271 Patent Blog),
  • Examination support document could add $26,000 to patent costs: (Patent Baristas),
  • EFF’s Patent Busting Project: (Securing Innovation),
  • USPTO proposed FY2009 budget announced: (Daily Dose of IP), (Intellectual Property Watch),
  • Bayh-Doyle Act does not a patent law make (the dissent): Wisconsin Alumni Research Foundation v Xenon Pharmceuticals: (Patent Baristas),
  • Egyptian Godess – Amicus briefs filed in Egyptian Godess v Swisa, a case that ‘could fundamentally change how design patent infringement and validity are considered’: (Washington State Patent Law Blog),

US Copyright

US Trademarks

  • Trade mark infringement and the importance of establishing likelihood of confusion: (Intellectual Property Law Blog)
  • Election of statutory damages for counterfeiting bars attorney’s fees: (Intellectual Property Law Blog), (Mondaq),
  • In the 9th Circuit, may not be worth it to elect statutory damages in trade mark counterfeiting claim: (Intellectual Property Law Blog),
  • Value of Yahoo brand well below Microsoft bid price: (IAM),
  • Death by dog toy: Is dilution dead after Chewy Vuiton: Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC: (Mondaq)
  • The colour of sweet is yellow: Likelihood of confusion is the single most important trade dress infringement factor: NcNeil Nutritionals v Heartland Sweeteners: (Mondaq),

US – Companies / Entities

  • Agilent Technologies - files trade secret suit against Advanced Materials Technology, a company founded by three former employees: (IP Law360),
  • Akamai – Federal Court issues summary judgment of noninfringement regarding one patent asserted by Akamai against Limelight: (IP Law360), (Silicon Alley Insider),
  • American Express – Court of Appeals for 2nd Circuit rejects trade mark challenge to American Express’ ‘My Life. My Card.’ advertising campaign: (IP Law360),
  • American Seating Company – CAFC delivers decision on damages in American Seating’s patent infringement case against USSC: (Peter Zura's 271 Patent Blog), (Patently-O), (IP Updates),
  • Applied Interact – District Court warns contents of inequitable conduct must be stated with particularity in patent case Applied Interact v Continental Airlines: (Peter Zura's 271 Patent Blog),
  • AT&T – launches trade mark infringement suit against Wireless Exclusive claiming it is involved in a fraudulent scheme to resell pay-as-you-go phones: (IP Law360), (Techdirt),
  • Barracuda Networks – Trend Micro alleges patent infringement against Barracuda over open-source anti-virus software ClamAV: (IP Down Under),
  • Barracuda Networks – Barracuda Networks enlist open source community in Trend Micro patent fight: (Philip Brooks),
  • Black & Decker – CAFC reverses broad claim construction arrived at by lower court in patent infringement suit brought by Black & Decker against Robert Bosch Tool Corp: (Mondaq),
  • Canadian Commercial Corp – District Court confirms price detail in a government contract can be a trade secret: Canadian Commercial Corp. v Dept. of the Air Force: (IP Spotlight)
  • CIAS – CIAS asks Supreme Court to consider how prosecution statements should be used for claim construction in its suit against Alliance Gaming: (Patently-O),
  • Ciena – Ciena reaches $7.7m settlement with Northrop Grumman to resolve dispute over optical fibre amplifier patent: (IP Law360),
  • Cisco – ESN LLC refiles patent lawsuit against Cisco and its subsidiary a few months after dropping an identical suit over its internet protocol technology: (IP Law360),
  • Comiskey - Federal Circuit finds mental process unpatentable in In re Comiskey - method for performing mandatory arbitration of one or more documents: (Intellectual Property Law Blog),
  • Council on American Islamic Relations – CAIR sued for copyright infringement for posting audio clips of Michael Savage, a radio host, on their site, EFF assists CAIR: (Ars Technica), (Techdirt),
  • Dell – Judgment in favour of Lucent Technologies in patent case brought by Dell concerning touch screen technology: (EDTexweblog.com),
  • DreamWorks – CAFC affirms lower court’s summary judgment against David Sitrick in his patent infringement case against DreamWorks and Warner Bros - CAFC continues to expand doctrine of full scope enablement: (Patent Prospector), (Patently-O), (IP Updates),
  • Electronic Data Systems – EDS sues mobile phone companies Virgin Mobile USA, TracFone, and MetroPCS for infringement of two prepaid phone service patents: (IP Law360),
  • Electronic Frontier Foundation – EFF challenges Sheldon F Goldberg’s online gaming patent that has allegedly been used to pressure online gaming companies to pay hefty licensing fees: (IP Law360), (Ars Technica), (Mashable.com),
  • Energy Transportation Group - Court rules that William Demant Holdings subject to personal jurisdiction based on subsidiary’s conduct in the company’s patent dispute with Energy Transportation Group: (Delaware IP Law), (Reuters),
  • Excel Innovations – Patent infringement battle between Excel and Indivos over tokenless biometric computer systems reopened, but Excel won’t be allowed to pursue claims while bankruptcy is pending: (IP Law360),
  • Google - CAFC finds District Court improperly added limitation not supported by the specification: Hyperphrase Tech v Google: (Mondaq),
  • IBM – former IBM Engineer adds a group of lawyers to patent infringement suit: (IPLaw360),
  • Intel – Wisconsin University sues Intel for infringement of their data speculation patent: (IP Law360), (ArsTechnica),
  • Iovate – Motion to dismiss for improper venue granted in Iovate’s patent case against BSN over dietary supplements: (EDTexblogweb.com),
  • Kangaroo Media – Kangaroo Media settles patent complaint over technology used in Fanview device and acquires exclusive worldwide licensing right from Immersion: (CNW Group), (scenedaily.com),
  • Klausner – GotVoice, a defendant in a patent infringement action brought by Klausner agrees to licensing deal settling the parties’ dispute over voice-messaging technology: (IP Law360),
  • Kodak – Federal Circuit affirms Kodak’s patent win against Ampex Corp: (IPLaw360),
  • Medtronic – Judge corrects claim construction order in Medtronic’s suit against Abbot Laboratories over balloon catheter and stent patents: (IP Law360),
  • Monsanto – Monsanto’s Roundup Ready GMO patents convincingly upheld on appeal in another case against a farmer: Monsanto v David: (Patently-O), (Patent Prospector), (Harold Wegner), (Patent Docs), (Holman’s Biotech IP Blog), (IPBiz),
  • Mosaid Technologies – Mosaid settles with two of the four defendants it accuses of infringing its DRAM patents: (IP Law360),
  • National Football League – NFL shuts down Super Bowl parties held in churches, claiming copyright law violations: (Public Knowledge), (Public Knowledge), (Techdirt), (Trademark Blog), (Against Monopoly), (Spicy IP), (Public Knowledge),
  • N-Data - FTC asserts its antitrust authority to prevent N-Data from extracting excessive royalties for use of N-Data’s Ethernet patents: (Mondaq), (another article from Mondaq), (IP Law360),
  • Parallel Networks – Parallel Networks sues Walgreen, OfficeMax, Saks, Priceline.com, Orbitz, Shutterfly, and Clark Wamberg for infringement of its technology that is vital to searching certain web pages: (IP Law360),
  • Punchgini – NY Appeals Court finds famous foreign trade marks are protectible in ITC Ltd v Punchgini Inc: (Intellectual Property Law Blog), (Spicy IP), (Mondaq),
  • Quanta - Experts cast doubt on arguments made in the Quanta case against LG that competition could be restrained if patent holders were allowed to collect royalties downstream after a license had been granted: (IP Law360),
  • Quantum Corp – Federal Judge dismisses patent claims brought by Quantum against Riverbed Technology, based on Quantum’s lack of standing to assert the patent at the time of filing suit: (IP Law360),
  • Rembrandt – In Rembrandt v CIBA patent case, jury returns verdict for plaintiff on infring

Post a Comment | Permalink | + del.icio.us


0 Comments


0 Trackbacks

trackback url: http://duncanbucknell.com/trackback.php?id=269

duncan [at] duncanbucknell [dot] com | legal notices
CONTACTSUBSCRIBE

Duncan Bucknell Company

Blogroll

IP Blogs

Business & Strategy