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Friday, February 15, 2008 12:00pm — IP THINKTANK GLOBAL WEEK IN REVIEW

IP Think Tank Global Week in Review - 15 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://duncanbucknell.com/subscribe/

Highlights this week included:

Global

Global – General

Global - Trade Marks / Domain Names / Brands

  • ICANN supports Google’s fight against domain-tasting: (Class 46),

Global - Patents

Global - Copyright

  • Motion Picture Association’s Operation Blackout, targeting illegal recording of movies – A step ahead. A step behind: (Spicy IP),
  • Proposals for ISPs to terminate infringers go (even more) global: (LawFont.com),
  • Five ways to minimize risk of copyright liability from citizen media: (IP ADR Blog),


Pharma & Biotech

Pharma & Biotech - General

  • Millennium Pharmaceuticals spent $1.28 million on lobbying for patent reform and biologics legislation in 2007: (Patent Docs),
  • New Thai Minister may review compulsory licences on cancer drugs: (Intellectual Property Watch), (IP Law360), (Generic Pharmaceuticals & IP); (more from Generic Pharmaceuticals & IP),
  • Is the Indian drug industry scared of the National Pharmaceutical Pricing Authority?: (Spicy IP),
  • USD 20 billion going off-patent: (Patent Circle),
  • Canadian Prices Review Board asserts jurisdiction over products sold in US, but imported into Canada under Special Access Program: (Gowlings),
  • Canadian Court of Appeal affirms decision allowing patent-owner to be joined to proceedings: Cobalt v Pfizer and Pharmascience v Pfizer: (Gowlings),
  • PharmaStem appeals stem cell patent: asks for greater deference to patent examiners: PharmaStem Therapeutics v ViaCell: (Patently-O)
  • US: lawmakers, administration to craft proposal giving FDA authority over generic biotechnology drugs: (genericsweb), (California Biotech Law Blog),
  • Indian Pharma companies entering into collaborations with foreign drug discovery: (Spicy IP),
  • EU pharma probe expected to veer from FTC course: (IP Law360),
  • The pharmaceutical sector in Zimbabwe Research and Markets survey: (Afro-IP),
  • Insmed announces national awareness campaign for follow-on biologics: (Patent Docs),
  • Origin of fake malaria medicine traced to China: (IP Dragon),
  • Mail-box applications pending with Indian Patent Office for most of the gliptins: (Part I - Patent Circle), (Part II – Patent Circle)
  • “IP and the transformation of generic supply”: (Spicy IP),
  • “BRICS and their Role in Access to Essential Medicines”: (Spicy IP),
  • Patent reform in the USA, happy pharma companies in India: (Spicy IP),
  • Generics capture 65% of US markets as costs rise: (genericsweb)
  • Kenyan consumers at highest risk of fake drugs: (Afro-IP)

Pharma & Biotech - Products

  • Cipro (Ciprofloxacin) – Canadian Court of Appeal upholds decision issuance of a Notice of Compliance to Sandoz: Bayer Healthcare v Sandoz: (Gowlings),
  • Clarinex (Desloratadine) – Schering files lawsuit against Anchen, adding to their multi jurisdictional litigation concerning Clarinex: (IP Law360),
  • Fosamax (Alendronate) - Hague District Court nullifies Dutch patent for once-weekly dosage regimen and grants obviousness declaratory judgment: (IPKat)
  • Imitrex (Sumatriptan) – Aurobindo Pharma receives tenatative approval from USFDA for generic version of GSK’s Imitrex: (Therapeutics Daily),
  • Intelence (Etravirine) –2nd ARV drug to get patent protection in India: (Spicy IP), (Patent Circle), (Patent Circle),
  • Lipitor (Atorvastatin) – Canadian Federal Court finds Pfizer’s Lipitor patent to be invalid based on invalid selection and double patenting: (Gowlings),
  • Lotrel (Amlodipine/benazepril) – Novartis files 2nd patent suit in the US against Teva over generic version of Lotrel: (IP Law360),
  • Paxil (Paroxetine) – No second bite at federal apple for GSK in the antitrust case brought against them by Blue Cross Shield regarding Paxil: (43(B)log),
  • Plavix (Clopidogrel) – Sanofi threatens Cadila and BioScience with suit over supply of generic Plavix despitecompulsory licence issued by Thailand: (Generic Pharmaceuticals & IP),
  • Prexige (Lumiracoxib) – Indian patent granted for Novartis’ anti-inflamatory drug, Lumiracoxib: (Patent Circle),
  • Protonix (Pantoprazole) – Wyeth sues Apotex for patent infringement over injectable Protonix ANDA: (IP Law360),
  • Provigil (Modafinil) – USFTC files lawsuit against Cephalon alleging Cephalon paid off four potential generic competitors to keep them out of the US market for Provigil: (IP Law360), (Philip Brooks), (genericsweb),
  • Seroquel (Quetiapine) – AstraZeneca seeks summary judgment against Teva: (IP Law360), (Therapeutics Daily),
  • Stalevo (Levodopa) - Orion sues Sun in US for infringement of patent covering Stalevo: (genericsweb), (IP Law360),
  • Tarceva (Erlotinib) – CIPLA’s latest action seeking to revoke Roche’s Indian Tarceva patent is largely based on pricing and availability of the drug: (Spicy IP),
  • Valcyte (Valganciclovir) – Ranbaxy files post-grant opposition for Roche’s Indian patent for Valganciclovir, questioning validity on ground of enhanced efficacy: (Patent Circle), (Spicy IP), (Generic Pharmaceuticals & IP)

Africa

  • South African Gap trade mark litigation: (Afro-IP),
  • South Africa launches initiative to grant extended protection to traditional knowledge: (Afro-IP),
  • Business development consultant accuses Ghana government of theft of project idea: (Afro-IP),
  • “No development without technological development”, says Ethiopian PM: (Afro-IP),
  • South African GOATS DO ROAM v French COTES DU RHONE: (Afro-IP)

Australia

  • TMO to suspend ‘Purple’ opposition pending final determination of a related passing-off proceeding in the Federal Court: (Australian Trade Marks Law Blog),
  • Two Australian real estate agents sue Google for linking to an allegedly defamatory article about them: (Techdirt),
  • IP Australia announces forthcoming release of AusPat, new search system for Australian patents: (IP Down Under),
  • IP counterfeiting in Australia: (LawFont.com),

Canada

  • Canadian DMCA: Prentice’s failure to communicate: (Michael Geist),
  • Canadian Association of Broadcasters joins copyright reform debate: (Michael Geist),
  • A successful interlocutory injunction: Marlborough Hotel Corporation et al v First Canadian Hotels & Entertainment Ltd: (Canadian Trademark Blog),
  • Article by Howard Knopf on the legal implications (or non-implications) of Canada having signed the WIPO Internet treaties: (Michael Geist),
  • Canadian Library Association launches copyright advocacy kit: (Michael Geist),
  • US Copyright Lobby complains about Canadian copyright: (Michael Geist),
  • No one likes a bully: The International Intellectual Property Alliance and Canada: (Patry Copyright Blog), (response to Patry’s post at LawFont.com),
  • ESA, IIPA slam Canada for not fixing copyright “deficiencies”: (Ars Technica), (IPKat),
  • Business Coalition for balanced copyright speaks out against DMCA: (Michael Geist), (Techdirt), (IP Justice),
  • Net giants, ISPs fear Canadian DMCA, seek copyright balance: (Ars Technica),
  • Canadian DMCA on hold?: (Michael Geist),
  • Alleged copyright pirate, Gérémi Adam, does not appear in court to answer charges: (ipblog.ca)

China

  • China IP: Ya want damages? I got low damages and here’s why: (China Law Blog),
  • Registering a trade mark in China: (Ezine @rticles),
  • Chinese plaintiff wins patent infringement case against French defendant: (International Law Office),
  • Catherine Sun debunks misconceptions about Chinese IP protection: (IP Dragon)

Denmark

  • Pirate Bay to IFPI: Danish ban has led to even more traffic: (Ars Technica),

Europe

  • The patenting paradox: despite dramatic increase in patents filed each year, the majority are not used: (IPEG),
  • EPO on key points of London Agreement: (BLOG@IP::JUR),
  • New European patent court proposals look like bad news for trolls: (IAM),
  • EU Commissioner predicts much tougher data protection laws: (Ars Technica),
  • EU Commission to launch another patent consultation this summer : (BLOG@IP::JUR),
  • Microsoft raises IP rights as late defence in European case: (Intellectual Property Watch)
  • Europe agrees to data share with Japan in anti-piracy deal: (Out-Law),
  • OHIM statistics updated to include new data for 2008: (Class 46),
  • New alcohol labeling regulation published: of note is Article 23 on relation between trade marks and geographical indications: (Class 46),
  • ECJ will soon deliver decision on “Parmesan” designation, putting an end to the five-year battle between the European Commission and the Federal Republic of Germany over the protection enjoyed by the genuine Italian cheese in European Community countries: (Class 46),
  • Intel raided for a second time in Commission antitrust probe: (Out-Law), (Ars Technica),
  • European Commission launches InnoSME initiative, which aims to increase participation of SMEs from newer member states in European RTD activities: (IPR-Helpdesk),
  • Coexistence of GIs: (Class 46), (IP Updates),
  • ECJ limit on free movement of DVDs: Dynamic Medien v Avides Media: (IPKat),
  • EU wants 95 year copyright on recordings: (IPKat), (Ars Technica), (Intellectual Property Watch), (IP Law360),
  • European Commission to consult on whether to change current controversial surcharge on devices or storage media which hold music or video: (Out-Law), (Intellectual Property Watch),
  • Turkey signs agreement to participate in EU Competitiveness and Innovation Programme: (IPR-Helpdesk)

France

  • French court finds bookmakers Unibet and William Hill infringed Juventus football club trade mark whilst promoting bets on a Champion League match between Juventus and Real Madrid: (Class 46)

Germany

  • DENIC: Latest top level domain statistics: (Class 46)

India

  • Music concerts in anti-piracy mode: (Spicy IP),
  • Chikan to be protected as a GI: (Spicy IP),
  • Bajaj v TVS patent dispute: (Spicy IP),
  • Cadila HealthCare files suit against Dabur India for use of its trademark "Sugar Free" in the marketing of Dabur's Sugar Free Chyawanprakash: (Spicy IP),
  • Traditional medicine not to get 5 year data protection: (Spicy IP),
  • Recommendation of Traditional Medicine Group to Knowledge Commission: (Spicy IP),
  • Court allows republication of Oriya Lexicon following legal challenge from the late author’s family: (Spicy IP),
  • Proposed amendments to copyright law: (International Law Office),
  • OPEN BOOK SOCIETY: Providing easy access to academic writing: (Spicy IP),
  • Kerala farmer granted Indian patent for 'Tender coconut wine': (Spicy IP),
  • India and Pakistan battle over India 's attempts to get GI protection for Pashmina: (Spicy IP),
  • Technology Transfer Group of IIT Kharagpur to create database of research initiatives to ensure that technologies developed are commercialised: (Spicy IP),
  • The words “Indian” and “National” to be used only by government institutions: (Spicy IP),
  • Are Indian software firms innovative?: (Spicy IP),
  • GIs, traditional handicrafts and incentives for individual innovators: (Spicy IP)

Israel

  • Israel Justice Ministry drafting amendment to automatically publish applications 18 months after filing: (IP Factor),
  • Google sued over user-generated Google Earth content in Israel: (Techdirt)

Korea

  • Koreans announce $3 billion patent licensing deficit: (IAM),
  • Korea pays US $5 billion in patent royalties: (IP finance)

Malaysia

Malta

  • GreenPak Ltd launches trade mark infringement action against Green.MT Ltd over alleged use of a confusingly similar trade mark: (Class 46)

Singapore

  • Tiger trade mark dispute between Britannia Industries and Groupe Danone expected to come before Singapore Court this week: (Spicy IP)

United Kingdom

  • Queen Mary Intellectual Property Research Institute (QMIPRI) hosting its inaugural annual conference, 18 February 2008, London: (IPKat),
  • UKTMO invalidates MASALA as merely descriptive: (Spicy IP),
  • UKIPO: New test for business model patentability produces same results: (IP Updates),
  • According to Nominet, country code top level domain names are not necessarily less reputable than generic top level domains: (Class 46),
  • Celebrity solicitor trade marks his nickname “Mr Loophole”: (Class 46),
  • UK government to introduce law requiring ISPs to block illegal downloaders, according to leak: (Out-Law), (IPKat), (Ars Technica), (Techdirt),
  • Privacy lawyers warn victims of Government data loss that the success of compensation claims is very unlikely: (Out-Law),
  • UK Patent Party must face up to its copyright test: (IAM),
  • UKIPO changes position on software patents: (IMPACT), (Out-Law), (IP Law360),
  • UK constitution?: (twitchgamer.net),

United States

US General

  • Plagiarism: ‘Sampling and borrowing’ in the legal sphere [?]: (IPBiz),
  • Top IP law issues for 2008: (Philip Brooks),
  • Sentencing for IP crimes doubles in the US according to report: (IP Law360),
  • Bush Administration spending more taxpayer money on intellectual property prosecutions: (Techdirt),
  • Case law copies (free): (The Invent Blog), (Copyfight),
  • Intellectual property: the China threat teleconference - 19, 26 Feb 2008 : (Philip Brooks),
  • New net neutrality bill surfaces in House: (Ars Technica),
  • Trade secret litigation to rise as economy dips: (IP Law360),
  • Study: “Tough” IP enforcement not only keeps competitors in check, but also your employees: (Peter Zura's 271 Patent Blog),
  • New USPTO-PAC members: (IP Updates)

US Patent Reform

US Copyright

US Patents

US Trademarks

  • Fraud: the ‘F’ word trade mark owners should avoid: (IP Law360),
  • NORMANDIE CAMEMBERT not registrable for cheese by Cheezhwse.com: (IP Updates),
  • Gone in 60 milliseconds: Trade mark law and cognitive science: (43(B)log),
  • Fees, statutory damages don’t mix in 9 th Circuit: (IP Law360),
  • The Federal Trademark Dilution Revision Act in its first year: (IP Law360)

US – Companies / Entities

  • Advanced Micro Devices –Silicon Graphics wins on patent validity but drops patent claims in its legal battle with Advanced Micro Devices: (IP Law360), (Philip Brooks),
  • Al Minor & Assoc – Ohio Supreme Court finds former employee Robert Martin’s use of client information from memory violates state’s trade secret laws: (IP Updates), (Patent Baristas),
  • Alliant – California Court of Appeal upholds preliminary injunction against former employee of Alliant in its trade secrets case: (IP Law360),
  • Apple – Acacia subsidiary Restricted Spending Solutions files patent infringement lawsuit against Apple over iTunes allowances: (Ars Technica), (Patent Troll Tracker), (Techdirt),
  • Applied Interact – District Court grants Applied Interact’s motion to strike Continental Airlines’ inequitable conduct defence under FRCP Rule 12 due to insufficient pleading: (IP Updates),
  • Automotive Technologies International – Automotive Technologies files patent infringement suit against General Motors, Nissan North America, Ford Motor Company, Volvo, Hyundai Motor America, Mercedes Benz USA and Fuji Heavy Industries USA, over auto safety products: (IP Law360),
  • Bayer CropScience – Bayer files lawsuit against Control Solutions and Frick Services alleging infringement of its insecticide fertilizer mix patent: (IP Law360),
  • Belkin – ITC clears Belkin of infringing ATEN International’s patent for technology that allows multiple computers to be controlled from a single switch: (IP Law360),
  • Billingnetwork – Billingnetwork files patent infringement lawsuit against several health care billing software providers, after fending off legal action from two other companies regarding the same patent: (IP Law360),
  • Boston Scientific – Medtronic and Boston Scientific request rehearing of their appeal of a jury verdict of infringement of Cordis Corp’s coronary stent patents: (IP Law360),
  • Boston Scientific – Radiologist, Dr Bruce N Saffran, wins $423 million award in patent infringement case against Boston Scientific over stent technology: (IP Law360), (EDTexweblog.com), (Patent Prospector), (PLI), (IP ADR Blog),
  • BrainLAB – Following affirmation of lower court’s dismissal of Medtronic’s patent infringement suit, Judge grants German health products manufacturer BrainLAB Inc.'s request for legal fees: (IP Law360),
  • Dell – Federal Judge enters final judgment against Dell after jury finds Alcatel-Lucent did not infringe Dell’s method patents for managing customer and product information online: (IP Law360), (Patent Prospector),
  • Edwards Lifesciences –Edwards Lifesciences Corp. steps up patent infringement claims against rival CoreValve Inc. by adding US suit to pending infringement claims in Europe: (IP Law360),
  • Egyptian Godess – Amicus briefs filed in Egyptian Godess v Swisa (en banc): appeal focuses on whether ‘point of novelty’ should be a test for infringement of a design patent, and whether claim construction should apply to design patents: (Patently-O),
  • Energy Transportation Group – Energy Transportation Group wins $31 million verdict against Demant and Widex for infringement of hearing aid technology patents: (IP Law360),
  • eSpeed - Judge denies defendants’ motion for new trial of damages on condition that plaintiff, Trading Technologies, accepts remittitur of eSpeed’s portion of damages: (Chicago IP Litigation Blog), (IP Law360),
  • Ford: Court refuses to pierce corporate veil of Plutus, Orion, Taurus, and Spangenberg without better evidence in patent case Taurus IP v Ford, Mazda and Volvo: (Patently-O), (Patent Troll Tracker),
  • FormFactor - Federal Judge stays patent dispute between FormFactor Inc. and Micronics Japan Co. over wafer probe cards pending outcome of ITC antitrust investigation involving the cards: (IP Law360),
  • Google – Paid Search Engine Tools files patent infringement suit against Google and Microsoft over paid advertisement service: (IP Law360),
  • H&R Block – H&R Block Tax Services accuses Jackson Hewitt Tax Services of infringing two patents with products and services related to loading clients’ refund anticipation loan proceeds into a prepaid Visa card: (IP Law360),
  • Hewlett Packard – HP’s patent counterclaims against Tandberg dwindle to one in the dispute relating to magnetic tapes: (IP Law360),
  • Hologic – Tissue Extraction Services files suit against Hologic and a subsidiary, alleging that a line of breast biopsy systems infringe their recently issued patent: (IP Law360),
  • Honeywell – Eastern District of Texas Federal Court finds in favour of the defendant, Honeywell, due to plaintiff, PureChoice’s indefinite patent claims: (EDTexweblog.com),
  • Implicit Networks – Implicit Networks sues Advanced Micro Devices, NVIDIA Corp, Intel Corp, Raza Microelectonics, RealNetworks and Sun Microsystems for allegedly infringing patent for interpreting electronic data packets: (IP Law360),
  • IXYS Corp – IXYS wins final judgment in patent dispute with International Rectifier Corporation over switching devices: (Peter Zura's 271 Patent Blog), (IP Law360), (IP Updates), (IP Updates), (Patently-O),
  • Kinetic Concepts: ED of Texas Court grants Bluesky Medical Group’s motion to transfer patent case brought against it: (EDTexwblog.com),
  • Lennon – Yoko Ono sues band named Lennon for trade mark dilution: (IP Factor), (Techdirt), (Class 46),
  • Macke – Court refuses to pierce corporate veil because Weschler failed to prove that Macke’s set up was ‘just a sham’ in patent dispute between the companies: (Patently-O),
  • Microsoft – Microsoft and Lucent both denied motions in patent dispute over digital video signal decoding technology used in Microsoft’s Windows and Xbox 360 products: (IP Law360),
  • Microsoft - Could Microsoft compete with Google while remaining true to its IP roots?: (IAM),
  • Monsanto – CAFC upholds Monsanto’s soybean gene patent against farmer and awards damages to Monsanto: Monsanto v David: (Post-Grant), (IP Updates), (Patent Baristas),
  • MLB Advanced Media – CAFC orders lower court to reopen discovery to gather evidence on whether head of DDB, Mr Barstow’s invention fell within the scope of his employment agreement with MLB: (Patently-O), (Patent Prospector), (IP Law360), (IP Updates), (PLI),
  • N-Data - FTC votes 3-2 to accept a settlement with Negotiated Data Solutions LLC (N-Data): (IP Law360),
  • Network-1 – Network-1 files lawsuit against Cisco, Netgear and other ethernet companies for allegedly infringing patent for powering network devices: (IP Law360),
  • Nichia Corp – After federal jury found Seoul Semiconductor liable for willfully infringing Nicha’s design patents, a judge has determined that a permanent injunction against the company is unnecessary: (IP Law360),
  • Nuijten - CAFC denies en banc rehearing – decision of non-patentability for signal claims stands: In Re Petrus A.C.M. Nuijten: (Peter Zura's 271 Patent Blog), (Patently-O), (Patent Prospector), (IP Updates), (Anticipate This!), (IP Updates),
  • Panasonic – Lonestar Inventions files another infringement lawsuit over its patent for a high capacitance structure in a semiconductor, this time against Matsushita Electric Industrial Co., Ltd and its subsidiary Panasonic Corp: (IP Law360),
  • Power Distribution Inc – Poor litigation conduct results in award of attorneys fees in dispute with Thomas & Betts Power Solutions: (Peter Zura's 271 Patent Blog),
  • Presstek - Presstek files complaint with ITC against Israeli-based VIM Technologies over VIMs Di-R waterless processless thermal plate rolls into the US: (IP Factor),
  • RIAA - gets names after Oklahoma State University threatened with contempt in file-sharing copyright case: (Ars Technica),
  • Rembrandt – Novartis unit CIBA Vision Corp ordered to pay $41 million for allegedly violating Rembrandt’s patent for treatment that allows users to wear their contact lenses for extended periods: (IP Law360), (Patent Prospector),
  • Se-Kure Controls – Court orders production of communications between opinion counsel and trial counsel related to patent in suit in Se-Kure Controls, Inc v Diam USA, Inc: (Chicago IP Litigation Blog),
  • Se-Kure Controls – Court allows patent law expert to opine regarding Patent Office procedures and what would have been material to a reasonable patent examiner in Se-Kure Controls, Inc v Vanguard Prods Group Inc: (Chicago IP Litigation Blog),
  • Smith & Nephew – Smith & Nephew invalidates three claims of Synthes USA ’s bone plating system patent: (IP Law360),
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