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IP Think Tank Global Week in Review - 28 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:

Forbes interview with M Meurer (co author of ‘Patent Failure’): (Patent Prospector), (IPBiz), (IPBiz), (IPBiz), (IAM), (Technological Innovation and Intellectual Property), (Patent Prospector),
Rambus – Rambus stock soars following jury’s dismissal of antitrust and fraud charges from Hynix, Micron, and Nanya that Rambus rigged the playing field by getting patents on the SDRAM memory standard: (Patent Prospector), (Patently-O), (Techdirt), (IP Law360), (IP finance), (IPBiz),
Trainman Lantern Co – CAFC reverses preliminary injunction in lantern patent case finding no likelihood of success: A G Designs & Assoc LLC v Trainman Lantern Co Inc: (Washington State Patent Law Blog), (Patently-O), (Patent Prospector), (IP Law360),
DSS case shows why EU leaders want one patent jurisdiction, but will patent owners?: (IAM), (IPEG),

Global

Global - General

How justified are differences in IP duration?: (IPEG),
Proponents: Slow better than poor for WIPO Development Agenda: (Intellectual Property Watch),
Chatham House Rule comes to WIPO Development Agenda: (IP Updates),
New campaign by a group of Second Life Avatars to raise awareness of the ‘theft’ of virtual items: (IPKat), (Patry Copyright Blog),
World IP Day is on the way: (IPKat),
Watch for IP leaks from publications: (Securing Innovation),
Lessig’s (Government) FOSS market: (IPcentral.info),
Notions of free: (IPcentral.info),
Microsoft’s new business imperative leads to IP rethink: (IAM),
Standards competition and globalization: (John Carroll),
The international IP enforcement landscape from a developing country perspective:South Center research paper 15: (IP Justice), Formulating IP strategy – enhancing assets: (IP ThinkTank)

Global - Trade Marks / Domain Names / Brands

Brand licensing: Is the buzz light years away?: (IP finance),
Google Image Labeler… community intellectual property cops?: (The Invent Blog),
Brand promise and IP strategy: (IP ThinkTank),
Cybersquatters have reached record numbers, says WIPO: (WIPO), (Ars Technica), (IPKat)

Global - Patents

Forbes interview with M Meurer (co author of ‘Patent Failure’): (Patent Prospector), (IPBiz),
More on Bessen and Meurer and their book ‘Patent Failure: How Judges, Bureaucrats, and Lawyers put Innovators at Risk’: (IPBiz), (IPBiz), (IAM), (Technological Innovation and Intellectual Property), (Patent Prospector),
Provisional strategy: (IP ThinkTank),
Arthur C Clarke on defensive publishing: (Securing Innovation)

Global - Copyright

Is breaking the law the secret to success in the digital music industry? – Warner Music buys share of Imeem.com file-sharing site: (Against Monopoly),
How IP.com supports copyrights: (Securing Innovation),
Sharing, part of the power of everybody: (Copyfight)

Pharma & Biotech

Pharma & Biotech - General

Intricacies of choosing a pharmaceutical trade mark: (International Law Office),
Commercial success v public interest: publicising clinical trial data: (Spicy IP),
Big Pharma and neglected diseases: (Spicy IP),
India: MNCs and patent applications: The tip of the iceberg and the iceberg itself: (Spicy IP),
India: Pharma MNCs approach to the Drug Controller General of
India: To take on the Patent Office together: (Spicy IP),
India: Frontline’s interview with Dr Baltimore touches on ‘moral conundrum’ regarding public health and patents: (Spicy IP),
India: Statins remain under margin pressure: (GenericsWeb),
India: Patents vs patients: Cipla’s victory and the evolution of new ‘compulsory licensing’ norms: (Spicy IP),
India: Indian Pharma shows off its figure(s): (Spicy IP),
Will the real NGO stand up please?- Anonymity of policy research group quoted on pharma patenting policy and stats: (Spicy IP),
Thailand: More news/reactions on compulsory licenses: (Generic Pharmaceuticals & IP),
US: Follow-on biologic drugs and patent law: A potential disconnect?: (Patent Docs),
US: Alnylam CEO forecasts ‘perfect storm’ for biomedical patents: (Patent Docs),
US: Human Genome launches patent suit against Genentech over type of protein used to detect tumours: (IP Law360)

Pharma & Biotech - Products

Caduet (Atorvastatin/Amlodipine) – US: Pfizer sues Ranbaxy to block generic Caduet until 2016: (IP Law360),
Dovonex (Calcipotriol) – Chancery Division EWHC grants interim injunction prohibiting Sandoz from distributing calcipotriol ointment in patent case brought by Leo Pharma: (IPKat),
HER2 FISH pharmDXTM kit – Abbott’s HER2 US patent narrowed in The Regents of the University of California, Abbot Labs v Dakocytomation California: (Patent Baristas),
Mircera (Methoxy polyethylene glycol-epoetin beta) – US federal court orders appointment of special master in patent dispute between Amgen and Roche as it considers whether to permanently enjoin Roche from selling the anemia drug Mircera in the US: (IP Law360), (Patent Docs),
Namenda (Memantine) – Forest launches another patent infringement suit in an effort to prevent Synthon from releasing generic Namenda in the US market: (IP Law360),
Pepcid (Famotidine)/ Toprol-XL (Metoprolol) – USFDA comes to different conclusions on 180-day exclusivity tentative approval forfeiture provision – punts in one case and decides in another: (FDA Law Blog),
Reverse transcriptase enzyme kits / DNA amplification kits: Invitrogen files patent suit against General Electric Co’s healthcare subsidiary regarding enzyme kits and DNA kits: (IP Law360),
Risperdal (Risperidone) – Update on Teva’s action against USFDA concerning Orange Book relisting of Risperidal patent: initial briefs filed and Mylan enters the fray: (FDA Law Blog),
Tarceva (Erlotinib) – Delhi Patent Office hears arguments on whether Roche/Pfizer enjoy the right to a hearing in relation to Natco’s application for a compulsory licence to export generic erlotinib to Nepal: (Spicy IP), (Generic Pharmaceuticals & IP),
Tarceva (Erlotinib) – Natco may enter Indian market with generic erlotinib: (Generic Pharmaceuticals & IP),
TriCor (Fenofibrate) - 18 states and District of Columbia file lawsuit alleging Abbott Laboratories, Fournier Industrie et Sante SAS, and Laboratoire Fournier SA conspired to delay a generic version of TriCor reaching the market by filing a series of frivolous patent infringement lawsuits: (California Biotech Law Blog), (Patent Baristas)

Africa

Tackling sales of pirated software: Microsoft success in Botswana: (Afro-IP),
Kenya: Clean Development Mechanism: Good intention for tech transfer blighted by brokers?: (Afro-IP),
If education and pricing policy fail, says Adobe in Nigeria, we can still sue: (Afro-IP),
South African arm of Chrysler objects to advertisement by Indian vehicle maker Mahindra and Mahindra that uses the term "jeep": (Afro-IP), (Spicy IP),
Kenya’s call for anti-counterfeit legislation… amongst other changes: (Afro-IP),
Kenya: Shared computer use raises privacy, confidentiality issues: (Afro-IP)

Australia

Changes to grace period for trade mark renewal: (Australian Trade Marks Law Blog),
Full Federal Court considers the meaning of ‘relevant to work in the relevant art’: Ajinomoto Co Inc v Nutrasweet Australia Pty Ltd: (Mallesons Stephen Jaques),
Society of Authors’ report, ‘Educational publishing in Australia: What’s in it for authors?’: (LawFont.com)

Brazil

Electronic copies of oppositions now available on internet: (International Law Office)

Canada

Sam Trosow on latest CMEC copyright bulletins: (Michael Geist),
ComputerWorld Canada on copyright reform: (Michael Geist),
Deemed abandonment provisions pose traps for the unwary: (International Law Office),
Trade mark appeals: stays and service requirements: (Canadian Trademark Blog),
Franchising into Canada: (IP finance),
More Champagne, anyone? – GIs and the wine industry: (Canadian Trademark Blog)

China

WorkTools: ‘We won the judgement but it did no good’ Part II: (IP Dragon),
How should China spend its extra Yuan on IPR enforcement?: (IP Dragon),
Which event is 2007 China top ten IPR event?: (IP Dragon),
Chinese hotel liable for sales by shop: (IPKat)

Denmark

Government report on counterfeiting and piracy: (Class 46)

Europe

DSS case shows why EU leaders want one patent jurisdiction, but will patent owners?: (IAM)
DSS case: Europe’s patent demise: (IPEG),
EU calls on US to fulfill TRIPS obligations re copyright: (The IP Factor),
How to safeguard unprotected know-how in FP7 projects: (IPR Helpdesk),
European Council calls for a free movement of knowledge: (IPR-Helpdesk),
Madrid amendments for double-treatied Union members: (IPKat),
Proposed Europe-wide rules governing biometric passports are still unsatisfactory despite some concessions, according to European Data Protection Supervisor: (Out-Law),
Is there an after-life for pan European injunctions?: (IPEG),
TomTom, Nokia, face competition concerns: (IP finance)

Finland

PGI application for KAINUUN RÖNTTÖNEN for type of pie: (Class 46)

France

BOEUF DE BAZAS to become a PGI for beef: (Class 46)

India

More news on the Indian Bayh Dole: (Spicy IP),
Bajaj – TVS patent feud – the judgment: (Spicy IP),
Copyright and current reporting: FilmFAIR!: (Spicy IP),
The North East on a GI roll!: (Spicy IP),
Delhi High Court reserves judgment in Harpic v Domex comparative advertising matter: (Spicy IP),
Indian piracy in numbers: (Spicy IP),
Counterclaims for patent invalidity: A defence strategy: (International Law Office),
Trade mark law India: (Ezine @rticles),
Trade mark registration India: (Ezine @rticles),
Need for amending the Trademarks Act?: (Spicy IP),
BBMP seeks to patent construction technology: (Spicy IP),
Indian Patent Office decides not to implement Madrid Protocol: (The IP Factor)

Israel

Israel hits back on charges from US lobbyists that it doesn’t respect copyright: (Techdirt), (Patry Copyright Blog),
Israel Patent Office offers filing receipts by email: (The IP Factor)

Japan

JPO provides information on legal status of Japanese patents: (Competitive Info)

Korea

Trade mark dilution in Korea: (Korea IP Law Blog), (Korea IP Law Blog)

Lithuania

Court of Appeal finds MONTBLANC is well-known despite the fact that it is known only by a small proportion of consumers: (Class 46)

Netherlands

District Court of The Hague comes to intermediary decision in CTM infringement case Wrangler Apparel Corp v Sarl Dogg Label concerning jeans labels: (Class 46)

Spain

Spanish PTO sets ‘quality commitments’ related to duration of IPRs registration procedures: (Class 46)

United Kingdom

Banksy: Trade marks and anonymity: (Class 46),
New ICO survey reveals level of public concern over data protection: (IMPACT),
UK software patent law uncertainty continues: Symbian: (IMPACT), (PLI),
Third-party trade mark use in software: RxWorks Ltd v Paul Hunter: (International Law Office),
Information Commissioner warns on Heathrow fingerprint system: (Out-Law),
Laptop theft leads ICO to declare Skipton in breach of the Data Protection Act: (IMPACT),
Football fans worth £2.50 a year each in ITV sell-off: (IP finance),
Beatles’ company Apple Corp plans to take legal action against Feugo Entertainment in response to their proposal to release live recordings of the Beatles in Hamburg: (IPKat),
Nominet: Dispute resolution service statistics: (Class 46),
UKIPO calls for people’s views on the modernization of the Trade Mark Rules: (Class 46),
No strike out for Nokia: InterDigital Technology Corporation v Nokia Corporation & Anor: (IPKat)

United States

US General

ACTA’s misguided effort to increase government spying and ratchet-up IPR enforcement at public expense: (IP Justice),
Provisions for ACTA – According to Office of US Trade Representatives: (IP Justice),
White paper on proposed Anti-Counterfeiting Trade Agreement (ACTA): (IP Justice),
Public Knowledge files comments on ACTA: (Public Knowledge),
Comments of Knowledge Ecology International on the proposal for ACTA: (IP Justice),
Essential Action comments to USTR on ACTA: (IP Justice)
LEDES publishes UTBMS Intellectual Property Billing Codes: (IP Updates),
USPTO seminar: Protecting IP in China: (Patent Prospector), (Daily Dose of IP),
IP hypocrisy: US likes WTO rulings only when it wins: (Ars Technica)

US Patent Reform

Chris Ohly and Sal Patel on the US Patent Reform Bill: (Spicy IP),
Absolute novelty, first-to-file, and foreign bias: (Patently-O),
Improving claim construction at district courts: (Patent Prospector),
Analysis: patent reform bill unable to clean up patent mess: (Ars Technica),
Reforming ourselves out of the green boom: (IP Law360),
Proposed patent reform remains problematic: (Against Monopoly)

US Patents

Patent Troll Tracker – Cisco amends employee blogging policy following Troll Tracker spat: (IP Law360), (Anticipate This!), (Patently-O), (Chicago IP Litigation Blog),
It’s time to acknowledge Jon Dudas’ major achievement: (IAM), (response from Patent Prospector), (IAM),
Patents and the Bush Administration: Grading Jon Dudas: (Hal Wegner),
Amateur hour – problems with PTO management: (Patent Prospector),
Costly IP trials make arbitration more appealing: (IP Law360),
Defending the trolls: (IP Law360),
Big Blue billion dollar patent licensing revenues ‘an urban legend’: (IAM), (IAM),
Courts resist using the term patent troll: (Patently-O),
LinkedIn describes PTO employees: (Patently-O),
Patent profile: Redpoint Bio announces issuance of patent for identifying taste signaling modulators: (Patent Docs),
40% of section 337 actions go to trial: (IP Updates),
Reducing and managing patent litigation costs: (IP Law360),
USPTO boss talks about the rise of bad patents: (Ars Technica), (IPBiz), (IPBiz),
Medellin v. Texas, the Paris Convention, TRIPS: The role of treaties in US patent law: (Hal Wegner),
IncreMental Advantage seminar on patent claim construction - Chicago, 23 June / San Francisco, 14 July / Washington, 5 August: (Philip Brooks),
New website of interest – ‘USPTO Examiners’: (Patentably Defined), (Patent Prospector)
USPTO/George Washington University School of Business competition: Fix the backlog: (Daily Dose of IP),
Harry Moatz is NOT crazy - Positions adopted by Patent Office regarding Rule 56, inequitable conduct and disclosure may have greater purpose: (PLI),
Pendency problems: (just_n_examiner),
Amgen ruling will increase section 337 investigations: (IP Law360)

US Copyright

Low-res transformativeness: (43(B)log),
Court notes that empty ‘The Office’-style workplace concepts not subject to copyright: Situation Management Systems v ASP Consulting Group: (Techdirt),
The politics of plagiarism: (IPBiz),
Zittrain speaks about preserving the internet and Lessig rants about eliminating copyrights and privacy: (IPcentral.info),
Attempted crimes and linking: (Patry Copyright Blog),
Has Congress backdoored in ‘attempted copyright infringement’ as a crime?: (Techdirt),
Film Maker and PK submit testimony on orphan works: (Public Knowledge),
Cotchkie copyright: One person’s useful article is another’s art: (Public Knowledge),
Net neutrality doesn’t extend to illegal acts: The Comcast saga continues: (Public Knowledge),
How reliable are industry announced piracy statistics?: (Techdirt)

US – Companies / Entities

Acacia – Acacia Research Group settles patent infringement suit against AOL over technology that displays background images in instant messages and emails: (IP Law360)
Acacia – Acacia settles with SAS Institute, Quest Software, Aspen Technology, BMC Software, and F-Secure over patent dispute relating to rule-based monitoring technology used in computer systems: (IP Law360),
Activision – Gibson sues Activision and numerous retailers over ‘guitar hero’ video game: (Techdirt), (IP Law360),
American Medical Systems – American Medical Systems sues Biolitec AG for allegedly infringing its patent on technology used to treat enlargement of the prostate: (IP Law360),
Apple – Apple and Aiphone settle trade mark dispute over iPhone: (IP Law360),
Aroa Marketing – Court rules that a Aroa Marketing infringed Storus Corp’s trade mark when it sponsored the term 'Smart Money Clip' in Google's search engine and displayed the term as the headline of the advertisement: (Out-Law),
Avid – Judge finalises $6.8 million award of damages, interest and costs to Avid Identification Systems, against Datamars, in false advertising and patent infringement case: (IP Law360),
Bilski – Briefs files for In re Bilski appeal: (Patently-O), (Intellectual Property Law Blog)
Blizzard – World of WarCraft maker, Blizzard, files copyright suit against Michael Donnelly in connection with his ‘MMO Glider’: (Ars Technica),
Bridgeport Music: Sixth Circuit decides that attorney fees can be awarded to prevailing defendant under s 505 Copyright Act even if the plaintiff’s unsuccessful claims were objectively reasonable: Bridgeport Music, Inc v WB Music Corp: (Patry Copyright Blog),
CardioNet – Trade Secret Act preempts state claims based upon confidential information: CardioNet, Inc v LifeWatch Corp: (Chicago IP Litigation Blog),
Continental Airlines: Continental Airlines settles patent dispute with inventor Ronald A Katz over interactive voice technology: (IP Law360),
Crocs – Cellect sues Crocs for patent infringement over plastic foam material used to make popular Crocs shoes: (IP Law360),
Dell – Dell granted summary judgment of noninfringement, upheld on appeal in patent case Computer Docking Station Corp v Dell, Gateway and Toshiba: (Patent Prospector), (IP Updates), (IPBiz), (IP Law360), (Patently-O),
Dell – Typhoon and Nova expand tablet PC patent suit against Dell to include Xplore Technologies Corp of America, Electrovaya, and Sand Dune Ventures: (IP Law360),
Dreamworks – CAFC applies doctrine requiring full enablement of broad claims, invalidating patent claims in Sitrick v Dreamworks: (IP Law360),
Dupre – Is printing call girl (Ashley Alexandra Dupre) photos fair use?: (Techdirt),
Epic – Epic Technologies accuses Freescale Semiconductor of patent infringement, breach of contract, unjust enrichment and trade sectret misappropriation: (IP Law360)
Ergotron – Court denies Ergotron’s motion for summary judgment of patent invalidity in its patent dispute with Mass Engineered Design: (EDTexweblog.com), (EDTexweblog.com),
Eros – Eros and Leatherwood settle copyright dispute over scripts for virtual sex in Second Life: (Ars Technica),
ETrade – Etrade sues two former employees and Bank of America subsidiary for allegedly misappropriating trade secret information to poach customers: (IP Law360),
General Motors – MHL TEK files patent infringement suit against major automakers including General Motors, Saturn, Ford, and Chrysler over tyre pressure monitoring technology: (IP Law360),
Georgia-Pacific - Georgia-Pacific Consumer Products sues Clorox Co and its subsidiary for patent infringement relating to wipes container: (IP Law360),
IBM – IBM patents real-time auto insurance surcharges: (Techdirt),
iParadigms (Turnitin) – Court rules that plagiarism detection is fair use in case brought by four students over use of archived student works: (Ars Technica), (IPBiz); (Patry Copyright Blog),
Lumenis – Lumenis sues four former employees and Alma Lasers Ltd for trade secret violations: (IP Law360),
Lumenis – USPTO to reexamine Lumenis patents, putting a freeze on litigation between Lumenis and Alma Lasers over laser-based cosmetic treatment systems: (IP Law360)
Mattel - Supreme Court decision that arbitration awards should receive limited review by courts under federal law gets mixed reaction: Hall Street Associates LLC v Mattel Inc: (IP Law360), (IP ADR Blog),
Morris – Frances Morris and Morris Family Trust sue PC giants including Hewlett-Packard, Panasonic, and Sony Electronics for infringement of a patent relating to a modem-like method for transmitting and receiving analog signals and digital signals: (IP Law360),
New Line Cinema Corp – Summary judgment of no substantial similarity in copyright infringement case Tillman v New Line Cinema Corp regarding screenplay scenes: (Chicago IP Litigation Blog)
News Corp – Cies Bisker LLC launches patent infringement suit against 3M, News Corp and others over advertisements printed on floors: (IP Law360),
Nilssen – Oke K Nilssen’s fluorescent-light patent suit against retailers including Costco Wholesale Corp, Ikea, Wal-Mart Stores and Home Depot dismissed for inequitable conduct: (IP Law360),
Oakley – Oakley sues Twentieth Century Fox Film Corp and Marvel Characters Inc for infringement of design patent relating to sunglasses on ‘Fantastic Four’ movie tie-in toy: (IP Law360), (Out-Law),
Paradise Canyon – Court rules in Paradise’ favour in its trade mark infringement and false advertising case against Integra Investments over its HIDDEN WOLF mark: (43(B)log),
Perricone – Celebrity doctor and author, Dr Nicholas Perricone’s skin care patents invalidated putting to rest his patent case against Medicis: (IP Law360),
Philips – Postverdict relief denied in patent portion of Avid v Philips: (EDTexweblog.com),
Rambus – Rambus stock soars following jury’s dismissal of antitrust and fraud charges from Hynix, Micron, and Nanya that Rambus rigged the playing field by getting patents on the SDRAM memory standard: (Patent Prospector), (Patently-O), (Techdirt), (IP Law360), (IP finance), (IPBiz),
Rambus – Rambus lawyers say the company will seek injunction preventing Hynix Semiconductor from designing memory chips that infringe its patent: (IP Law360),
RIAA - Cliff Thompson, sued by the RIAA for copyright infringement, asks Supreme Court to decide whether record labels should be forced to pay attorneys' fees in cases where they voluntarily dismiss copyright infringement cases: (Ars Technica),
RIAA – RIAA fights having to pay legal bills of exonerated file-sharing defendant Tanya Andersen: (Ars Technica),
Rothschild – ITC begins investigation into whether numerous companies (including Hitachi, LG, Lite-On, Matsushita, Motorola, Nokia, Pioneer, Samsung, Sanyo, Sharp, Sony, Toshiba) infringed Dr G N Rothschild’s LED patents: (Ars Technica), (Techdirt), (Philip Brooks), (IPBiz),
Seagate – Seagate poised to assert patents if SDDs threaten the market position of conventional hard drive manufacturers: (Ars Technica), (Techdirt),
Silicon Laboratories – Integrated circuit makers Silicon Lab’s and Analog Devices settle long-running patent dispute: (IP Law360),
Sprint Nextel – Court rejects Sprint Nextel’s motion for summary judgment in patent infringement case brought by Enovsys relating to privacy safeguards for location-based cell phone services: (IP Law360),
STOP – Satellite Tracking of People LLC (STOP) sues rivals including Pro Tech Monitoring Inc, Omnilink Systems Inc and SecurAlert Inc for infringement of patent relating to GPS technology: (IP Law360),
Synthes – Judge dismisses patent dispute between Synthes and GM Dos Reis Jr Ind Com De Equip Medico finding the case lacks jurisdiction in California federal court: (IP Law360),
Synthes – Synthes overcomes Stryker’s objections and wins bid to stay clamp patent feud pending reexamination: (IP Law360),
Tessera - Connecticut Congressman Christopher Shays writes the Chairman of the ITC regarding stay of action pending PTO reexam while Tessera's patents wither on the vine: (Patent Prospector),
Tooling Systems International – CAFC dismisses TSI’s allegations against UGS Corp regarding actions taken in Poland to enforce software licences, for lack of jurisdiction: (IP Law360),
Trainman Lantern Co – CAFC reverses preliminary injunction in lantern patent case finding no likelihood of success: A G Designs & Assoc LLC v Trainman Lantern Co Inc: (Washington State Patent Law Blog), (Patently-O), (Patent Prospector), (IP Law360),
Volkswagon – AIPLA files amicus brief arguing that the Eastern District of Texas is hearing too many patent cases: In re Volkswagon: (Patently-O), (Patent Prospector),
Vygon – French company, Vygon, accuses a RyMed of infringing a patent for a connector that links an intravenous set with a catheter, even as RyMed has a separate suit pending that claims invalidity and noninfringement of the same patent: (IP Law360),
Wal-Mart – Court rejects Wal-Mart’s trade mark infringement claims against Charles Smith over use of phrases including ‘walocaust’ and ‘wal-qaeda’ on parody t-shirts and bumper stickers: (Techdirt), (IP Law360)

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