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Saturday, March 15, 2008 9:00am — IP THINKTANK GLOBAL WEEK IN REVIEW

IP Think Tank Global Week in Review - 14 March 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

  • What’s the solution to YouTube’s infringing tactics?: (Spicy IP),
  • ‘The Good, the Bad and the Ugly II’ – Business, public interest forces and the role of IP: (IP finance),
  • Interview with Debra Harry, Indigenous People’s Council on Biocolonialism: (Intellectual Property Watch),
  • WIPO Committee on Development and IP wraps up inaugural meeting: (WIPO),
  • Five IP policy questions for WIPO DG Candidates: (Intellectual Property Watch),
  • IP strategy for R&D: keep records like Thomas Edison: (Lightbulb),
  • New kid on the block - Technology Transfer Tactics journal: (IP finance),
  • New IP blog: SOLO Independent IP Practitioners: (The Trademark Blog),
  • WIPO and Kellogg School of Management offer executive program on strategies for management of IP: (WIPO)
  • Six good questions for building wealth with intellectual property: (Lightbulb),
  • Global - Trade Marks / Domain Names / Brands
  • WIPO: Panathinaikos.com goes to football club: (Class 46),
  • ICANN invites public comments and constituency impact statements regarding its draft proposal to curb domain tasting: (Canadian Trademark Blog) ,
  • Smart derivative trade marks: (IP ThinkTank),
  • Linkages between the WIP development agenda and the TRIPS Council: (Intellectual Property Watch)

Global - Patents

Global - Copyright

Pharma & Biotech

Pharma & Biotech – General

  • Symposium on public policy patent landscaping in the life sciences: (WIPO),
  • Drugs are a (patent) lawyer’s best friend?: (Now, Why Didn’t I Think of That?)
  • India: Gene silencing: (Spicy IP),
  • India: US Patent reform implications for Indian Pharma: (Spicy IP),
  • India: Generic pharmaceutical industry in the spotlight: (International Law Office),
  • India: Supreme Court refuses to stay a Gujarat High Court decision restraining Ranbaxy from airing its controversial ads directed against Paras Pharma's 'Moov' brand: (Spicy IP),
  • India: Patents on ARV drugs could increase costs: (Generic Pharmaceuticals & IP),
  • US: Survey shows most Americans want drug prices regulated: (Spicy IP),
  • US: Amerinet launches Generic Sourcing Program to reduce pharmacy spend: (GenericsWeb),
  • US: Commonwealth Biotechnologies announces issuance of patent related to real time PCR detection of herpes virus: (Patent Docs),
  • US: Genomic research company Open Biosystems settles infringement claims asserted by Sigma-Aldrich and Oxford BioMedica over patents for LentiVector technology: (IP Law360),
  • US: PTO finds remaining two of WARF’s embryonic stem cell patents valid: (Patent Prospector), (IP Law360), (IPBiz), (Patent Docs), (Holman's Biotech IP Blog), (IPBiz),
  • US: IPAuctions begins sale of US patent number 6,645,525 relating to drug delivery technology: (Patent Docs)

Pharma & Biotech - Products

  • Actonel (Risedronate) – US District Court upholds validity of Proctor & Gamble’s Actonel patent, rejecting Teva’s obviousness arguments: (Orange Book Blog),
  • Ambien (Zolpidem) – Sanofi-Aventis files suit against Sandoz in an effort to keep Sandoz from marketing generic version of Ambien: (IP Law360),
  • Aricept (Donepezil) – USV receives US patent related to pharmaceutical ingredient used in Aricept, reversing an earlier refusal: (IP Law360),
  • Aspirin – Bayer’s attempt to register ASPRINA as a US trade mark fails: (Intellectual Property Directions),
  • Celebrex (Celecoxib) – CAFC invalidates Pfizer’s latest-expiring patent on Celebrex for double patenting, remaining two of Pfizer’s three asserted patents are valid prohibiting Teva from launching a generic version of Celebrex until 2014: (Orange Book Blog), (Generic Pharmaceuticals & IP), (Patently-O), (Patent Prospector), (IP Updates), (The IP Factor), (IP Law360), (Patent Docs), (GenericsWeb), (Spicy IP), (PLI),
  • Focalin (Dexmethylphenidate) – US Federal Judge denies Elan Corporation’s motion to dismiss Teva’s counterclaims in a patent dispute over ADHD drug Focalin: (IP Law360),
  • Gaviscon - Internal documents that were recently leaked to the public, indicate that Reckitt Benckiser schemed with NHS to avoid releasing a generic name for the Gaviscon: (Spicy IP),
  • Lybrel (Levonorgestrel/Ethinyl Estradiol)– Wyeth sues Watson over US patent for birth control drug: (IP Law360), (GenericsWeb),
  • Plavix (Clopidogrel) – Sanofi in negotiations with Thai government to prevent Cadila from obtaining a compulsory licence to market generic clopidogrel in Thailand: (Generic Pharmaceuticals & IP), (GenericsWeb),
  • Risperdal (Risperidone) – Teva files lawsuit against FDA seeking relisting of US patent relating to Risperdal: (Patent Baristas),
  • Seroquel (Quetiapine Fumarate) – Trial date set for 11 August in AstraZeneca’s fight to stop Sandoz from marketing a generic version of Seroquel: (Generic Pharmaceuticals & IP),
  • Tarceva (Erlotinib) - After promising to reconsider its aggressive stance on compulsory licensing, Thailand’s new government decides to override international patents on three cancer drugs: Femara (Letrozole), Tarceva (Erlotinib), Taxotere (Docetaxel): (IP Law360), (Generic Pharmaceuticals & IP), (GenericsWeb), (Patent Docs),
  • Yasmin (Drospirenone) – US District Court declares Bayer Schering Pharma’s Yasmin patent invalid for obviousness in its battle with Barr Laboratories: (Patent Docs)
  • Zyprexa (Olanzapine) – UK court orders disclosure of drug dealers’ details in patent case Eli Lilly & Co Ltd v Neopharma Ltd & Anor: (IPKat),
  • Zyprexa (Olanzapine) – Eli Lilly fails to stop Novopharm from launching generic version of Zyprexa in Canada: (Generic Pharmaceuticals & IP), (IP Law360)

Africa

  • General Manager of Zimbabwe Music Rights Association to lecture Swazi judiciary on copyright: (Afro-IP
  • Science and IP in Addis Ababa – a first hand account from James Nurton of Managing IP: (Afro-IP),
  • Botswana – most free and least corrupt.  Shame about the IP: (Afro-IP),
  • Ethiopia receives US trade mark for Sidamo coffee despite opposition from Starbucks: (The IP Factor), (Afro-IP),
  • CC licensed test for African sleeping sickness: (creativecommons.org),
  • Update on PCT applications filed in Nigeria: (Afro-IP),
  • Parallel imports of DVDs to be tested in South Africa: Universal City Studios v Mr Video: (Afro-IP),
  • The W****D C*P of 2*1*: FIFA’s intellectual property rights in South Africa: (Afro-IP),
  • Namibia to adopt competition legislation: (Afro-IP),
  • SAIIPL decides first appeal in Telkom SA Ltd & TDS Directory Operations (Pty) Ltd v The Internet Corporation involving the domain names phonebook.co.za and whitepages.co.za: (IPKat)

Australia

  •  Indemnity costs order in trade marks infringement case Brother Industries, Ltd v Dynamic Supplies Pty Ltd: (Australian Trade Marks Law Blog),
  • Is there an engineer in the house? Australia’s IP future: (Lightbulb),
  • Commercialisation of IP and IT products for Australian children: trends and statistics: (Lightbulb),
  • Nufarm Ltd v Jurox Pty Ltd – a lesson in construction of claims: (Mallesons Stephen Jaques)

Bulgaria

  • Bulgaria sees post-accession boom in trade mark litigation: (Class 46)

Canada

  • Toronto Star on paying for P2P: (Michael Geist),
  • Michael Geist presentation: Facing up to Facebook: The fight for fair copyright in Canada: (Michael Geist),
  • Council of Ministers of Education renews call for educational copyright exemption: (Michael Geist),
  • New Democratic Party's Charlie Angus offers Industry Minister Jim Prentice a much-needed reality check on WIPO and copyright reform: (Michael Geist), (Ars Technica),
  • Everybody is jumping on the levy bandwagon: (Michael Geist),
  • Federal Court of Appeal rules CHEAP TICKETS trade mark generic and ‘clearly descriptive’: Cheaptickets and Travel Inc v Emall.ca Inc et al: (ipblog.ca),
  • Public lecture on e-publishing and the law by Michael Geist: (Michael Geist),
  • CMEC on fair dealing: (Michael Geist),
  • New Canadian Business IP Coalition on the way: (Michael Geist)

Europe

  • The Economist on CTM fees and national offices: (Class 46)
  • More on EPO fee changes: (IPKat),
  • AG’s opinion in O2 bubbles trade mark/comparative advertising campaign: (Rouse & Co International),
  • EU presidency moves to kick-start Community patent talks: (IAM),
  • EC President: ‘Counting the cost of counterfeits: fakes cost more’: (BLOG@IP::JUR),
  • EPO announces new IP training website: (Daily Dose of IP), (IP Menu News)
  • EU Trademark Office brings in millions of pounds with no way of spending it: (IPKat), (Class 46),
  • European Community Trademark Office revises application process: (Ladas & Parry),
  • OHIM: more information on national search reports after 10 March 2008: (Class 46),
  • Public Knowledge comments on European discussion of filtering, three-strikes programs: (Public Knowledge),
  • Dealing with the EPO’s new excess claims fees: (Patent Docs),
  • The Anschluss and expropriation of Jewish copyrights in Europe: (Patry Copyright Blog),

France

  • Paris First Instance Criminal Court - U-turn on perfume comparison chart?: (Class 46)

Germany

  • Nuremberg zoo wins FLOCKE trade mark dispute: (Class 46),
  • German police raid CeBit trade show boothes, confiscating various gadgets for possible patent infringement: (IAM), (Techdirt), (Out-Law),
  • Seven DVD manufacturers enter licence agreements with MPEG LA LLC resolving some MPEG-2 patent suits: (IP Law360),
  • German appeal court rules that using a competitor's trade mark adword does not amount to trade mark infringement, if the search result is clearly recognisable as an advertisement: (Class 46),
  • Non-practising entity, IP-Com, sues HTC for patent infringement: (IPEG),
  • Federal Patent Court on trade mark protection for the colour ‘red’: (Class 46),
  • Federal Patent Court publishes brief guidelines regarding similiarity of goods and services in classes 16 and 35, 42: (Class 46)

India

  • Victory for Tourism Ministry over ‘Incredible India’ tagline: (Spicy IP) 
  • EU-India Free Trade Agreement negotiations – differences over IPRs and other issues: (Spicy IP),
  • Digitised database of Indian patents to be available early 2009: (Spicy IP),
  • FM radio v Music industry – copyright/royalty issues: (Spicy IP),
  • Exporting Bayh Dole to India: potential lessons from a Duke University study: (Spicy IP),
  • India on a roll – filings galore!: (Spicy IP),
  • EU threatens US with new WTO action over online gambling: (Out-Law),
  • A software patent?: (Spicy IP),
  • Still some spark left in the Flame – TVS Motors relaunches its ‘Flame’ motorcycle despite injunction from Madras High Court: (Spicy IP),
  • Contrary to some reports Indian Government has not acceded to the Madrid Protocol: (IPKat),
  • UK's reference to ECJ in Intel v CPM on dilution, due to be heard on 16 April: (IPKat)

Israel

  • IFPI gets Israeli ISPs to block Hebrew P2P site: (Ars Technica),
  • Israeli flashmobs and pictures of works of architecture in protest against copyright law: (Patry Copyright Blog)

Ireland

  • Irish music industry labels launch copyright action against ISP, Eircom : (IPKat)

Kuwait

  • Kuwait holds first Intellectual Property Seminar: (The IP Factor)

Netherlands

  • IP Business Congress 2008 – Amsterdam, 25 June 2008: (IP ThinkTank),
  • PGI application for GOUDA HOLLAND: (Class 46),
  • District Court of The Hague rules in favour of Viacom (MTV) in its trade mark dispute with Vadobag: (Class 46),
  • Document Security Systems overcome European Central Bank’s validity challenge to their patent covering methods for making banknotes more difficult to copy: (IPKat)

Poland

  • Polish croissant to become a PGI: (Class 46)

Portugal

  • European Communities brings proceedings against Portugal for failing to implement IPR enforcement directive: (IPKat)

Spain

  • Spain failed to fulfill obligations under Directive 2001/84 on resale right for the benefit of the author of an original work of art: Commission v Spain: (IPKat)

Turkey

  • ICEBERG trumps Turkish ICE BOYS… so far: decision on time limits in trade mark cancellation proceedings: (Class 46),
  • Patent Institute considers arguments of ‘well-known but unrecorded trademark’: (International Law Office)

Ukraine

  • New trade mark fees in the offing: (Class 46)

United Arab Emirates

United Kingdom

  • More patent money wasted on fighting over where to sue: Research in Motion UK Ltd v Visto Corporation: (IPKat)
  • Risks in bringing a UDRP complaint: (IPwar’s),
  • Controversy over ISPs selling clickstream data to Phorm for targeted advertisement purposes: (Techdirt), (Ars Technica), (Techdirt), (Out-Law),
  • Stretching the definition of trade mark infringement? – Ferrari seeks to stop Style Limousines from displaying Ferrari sign on modified cars: (The IP Factor), (Class 46),
  • Tories call for big changes to cybercrime and data protection offences: (Out-Law),
  • No innocent infringement defence for community designs: J Choo (Jersey) Limited v Towerstone Limited: (IMPACT),
  • UK IPO announces Patent Prosecution Highway to be extended to cover international applications: (IPKat),
  • Chancery Division rules in favour of plaintiffs in copyright ownership dispute Animatrix Ltd & Ors v O’Kelly: (IPKat),
  • Chancery Division  decides on costs in copyright case Experience Hendrix LLC & Anor v Times Newspapers Ltd: (IPKat),
  • UK Anti-Piracy Plan a work in progress, will address ISP role: (Intellectual Property Watch),
  • Chancery Division dismisses Digipos’ appeal in trade mark case against Digi International: (IPKat),
  • Copyright Licensing Agency to launch series of new collective digital licences: (IPKat)

United States

US General

  • Transparency isn’t a substitute for privacy: (Techdirt),
  • US seizes domain name of Spanish company selling Cuba trips: (Ars Technica), (IP Justice),
  • In defence of Rembrandts in the Attic: (IAM), (further discussion from IAM),
  • PreCYdent’s web of law free legal search engine: (Cairns),
  • American Apparel and Footwear Association rejects compromise text of the Design Piracy Prohibition Act that would extend US legal protection to fashion designs: (Counterfeit Chic),
  • Can someone give Michael Eisner a history lesson on copyright and patents?: (Techdirt)

US Patent Reform

US Patents

US Copyright

  • House IP committee member endorses college P2P blocking: (Ars Technica),
  • Plagiarism: intent in the eye of the beholder?: (IPBiz),
  • Ricky Gervais inspires copyright opinion: Situation Management Systems v ASP Consulting Group: (Patry Copyright Blog),
  • Orcas and statutory damages: Smith v NBC Universal: (Patry Copyright Blog),
  • Fair Use Act threatens innovators’ rights according to Institute for Policy Innovation: (IP Law360),
  • Warring fashion associations fail to compromise on copyright protection: (Public Knowledge),
  • Congressman Rick Boucher may inject much-needed fair use into PRO-IP Act: (Ars Technica),
  • Publishers and PicScout make our case for orphan works: (Public Knowledge),
  • $5 a month for legal P2P could happen sooner than your think: (Ars Technica), (Techdirt),
  • Michael Eisner and the history of copyright: (Patry Copyright Blog)

US Trademarks

  • Utah amends controversial trademark law restricting trade marks from being used as internet search keywords to trigger advertisements: (Daily Dose of IP),
  • A free speech double whammy: Flawed anti-phishing bill would dilute trade mark fair use and anonymity protections: (Electronic Frontier Foundation),
  • ‘Privacy-invasive’ Domain Name Trademark Bill before US Congress: (IP Justice)

US – Companies / Entities

  • AB Foods – Rare summary judgment of no likelihood of confusion in Allen Bros v AB Foods: (Chicago IP Litigation Blog),
  • Abbott - CAFC addresses multitude of issues and vacates an injunction against Abbott Laboratories while upholding in part a ruling that Abbott infringed an Innogenetics patent for detecting and classifying hepatitis C virus genotypes: (IP Law360),
  • Acacia – Patent Office agrees to reexamine JPEG patent: (Techdirt),
  • Activision - Activision sues Gibson in response to claims that ‘Guitar Hero’ violates patent: (Techdirt), (Patent Prospector), (Philip Brooks),
  • Aloft Media – Aloft sues five cell phone companies including Nokia and Motorola over Smartphone patent: (IP Law360),
  • Bilski – What supplemental briefing bodes for Bilski: (IP Law360),
  • Cingular – Digital Technology Licensing settles its patent infringement lawsuit against Cingular over signal encoding technology used in cell phones: (IP Law360),
  • Corel – Simon Systems refiles suit accusing Corel Corp’s MPEG editing software of patent infringement: (IP Law360),
  • Bookham – Bookham sues rival JDS Uniphase, alleging wrongfully accused Bookham of violating three of its patents for tunable laser products: (IP Law360),
  • Bose - Bose files lawsuit against Eforcity alleging that Eforcity infringed the patent and trade dress for Bose's SoundDock digital music system: (IP Law360),
  • Dakocytomation - CAFC panel issues mixed ruling in patent infringement suit filed by University of California and Abbott against Dakocytomation: (Patent Docs), (IP Updates),
  • Delphi - Bankrupt auto parts maker Delphi Corp asks federal court to affirm that four of Automotive Technologies International’s patents are invalid and unenforceable and that Delphi has not infringed them: (IP Law360),
  • E.Digital – E.Digital sues LG Electronics, Nikon, Samsung Electronics and others for infringement of patents relating to flash memory technology: (IP Law360),
  • Flashpoint – Flashpoint Technology files suit against AT&T Mobility LLC, Kyocera Corp., Nokia Corp. and several other cell phone companies over patents related to digital camera technology: (IP Law360), (Patent Prospector),
  • Fox News Network – Fox fails to win control over domain name, foxbusinessnetwork.com, due to late trade mark filing: (Out-Law), (The Trademark Blog),
  • Fujitsu – KLA-Tencor challenges validity of Fujitsu’s patent for methods of making semiconductor chips using advanced optics: (IP Law360),
  • Gabbanelli Accordians & Imports – Non-participation from the defendant, Italo-Am. Accordion Mfg Co, leads to admission of jurisdiction and summary judgment of trade mark and trade dress infringement: (Chicago IP Litigation Blog),
  • Goss International Americas – First in line: registration before litigation: Goss International Americas, Inc v A-American Machine & Assembly Co: (Intellectual Property Law Blog),
  • Intellect Wireless – Intellect Wireless files patent infringement complaints against Motorola, LG Electronics, T-Mobile, Sanyo and others concerning wireless communication features, including paging and caller ID: (Patent Prospector), (IP Law360),
  • Lending Tree – Lending Tree challenges the validity of H&R Block’s patent covering real-time financial card offers to web customers: (IP Law360),Major League Baseball – MLB demands six Cape Cod League teams that use names of the Major League teams license the names, including buying uniforms and merchandise through MLB: (Techdirt),
  • Microsoft – Veritas invalidates Microsoft’s patent for replicating data files: (IP Law360),
  • Philips Lumileds Lighting Company - Columbia University professor settles infringement claims against Philips over patents related to the LED technology: (IP Law360),
  • PressTek - International Trade Commission launches investigation into PressTek’s allegations that Israeli printing 
  • plate manufacturer VIM Technologies Ltd., its partner Hanita Coatings RCA Ltd. and four North American distributors are infringing patents for printing press technology: (IP Law360),
  • Prominent Consulting – Court holds no Colorado River abstention in copyright cases: Prominent Consulting LLC v Allen Bros., Inc: (Chicago IP Litigation Blog),
  • Rambus - Rambus will be allowed to present testimony from related cases during trial to defend itself against allegations that it improperly amended and aggressively enforced its DRAM chip patents: (IP Law360),
  • Realself.com – Lifestyle Lift, a face lift company, sues Realself.com product review forum for trade mark infringement: (Out-Law),
  • University of Texas – Court finds insufficient evidence to support federal fame of University of Texas’ ‘long horn steer in silhouette’ trade mark and grants KST Electric summary judgment of no federal dilution: (43(B)log),
  • US Air Force – US Air Force issues DMCA takedown notice on publicly released advertisement about its cyber-defense initiatives: (Techdirt),
  • US Gypsum Co – Court rules forum selection clause destroys venue: US Gypsum Co v 3M Innovative Props. Co.: (Chicago IP Litigation Blog)
  • Viacom - Federal court shoots  down Viacom’s bid for punitive damages in its copyright suit against Google and its video-sharing site, YouTube: (IP Law360), (Ars Technica), (43(B)log), (Techdirt), (Out-Law),
  • Viacom – Music Choice files patent infringement suit against Urge Radio, which is owned by Viacom and MTV Networks: (IP Law360),
  • VTran – Vtran sues another cable company, Mid-Hudson Cablevision, for patent infringement in relation to video-on-demand services: (IP Law360),
  • Walt Disney Co – Walt Disney Co wins trade mark claims in Thoroughbred Legends LLC v The Walt Disney Co: (43(B)log),
  • World Wide Video – Years after Yoko Ono stopped the showing of a John Lennon film for alleged copyright infringement, World Wide Video is suing Ono for violating its purported copyright to the same footage: (IP Law360),
  • Yahoo – GraphOn files patent infringement suit against Yahoo, eHarmony.com, Match.com and others in relation to web listing services: (IP Law360),
  • ZapMedia – ZapMedia media files patent infringement suit against Apple over iTunes: (Patent Prospector), (IP Law360), (Ars Technica), (Techdirt)

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