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Online Global Week in Review 12 March 2010 from IP Think Tank

Here is IP Think Tank’s weekly selection of top Online 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 us 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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

European Parliament unites against 3 strikes, ACTA secrecy (Ars Technica) (Public Knowledge) (Public Knowledge)

US Supreme Court: Registration requirement of 411(a) not jurisdictional for copyright claims: Reed Elsevier v. Muchnick (Filewrapper) (Copyright Litigation Blog) (1709 Copyright Blog) (Internet Cases)

EWHC: EMI not permitted to offer downloads and ringtones of single tracks by Pink Floyd (Ars Technica) (1709 Copyright Blog) (IPKat)

Google, ITU address policies of global internet freedom (IP Watch)

RIAA claims music pirates hurt Haiti fund raising (TorrentFreak)

Comcast funds BitStalker anti-piracy research (TorrentFreak)

BitStalker – positives and negatives (Public Knowledge)

Recording for people who want to listen (Copyfight)

E-books and the challenge of price (IP finance)

Plans for .xxx top-level domain pop up again (Ars Technica)

Mobile phone litigation – who’s to blame? (PatLit)

A Brazilian Google? – Multimedia portal launched by Brazilian government (IP tango)

Canadian Bookseller Association opposes new Amazon distribution network (Michael Geist)

Harper to answer questions on YouTube next week (Michael Geist)

Google, China & the WTO: Financial Times brings the stupid (China Hearsay)

European Parliament unites against 3 strikes, ACTA secrecy (Ars Technica) (Public Knowledge) (Public Knowledge) (IP Watch) (IP tango)

Software patents, waving a red flag to a bull – EU-South Korean Free Trade Agreement (ipeg)

Tactics and defences in OSS patent disputes (PatLit)

Piracy rises in France despite three strikes law (TorrentFreak)

T - just T: Deutsche Telekom to abandon some of its ‘old brands’ on German market (Class 46)

Six BitTorrent admins arrested, Interpol chase two more in operation to shut down file-sharing site Greek-Fun.com (TorrentFreak)

The beginning of the end of data retention - German Constitutional Court strikes down data retention law as violating human rights(Electronic Frontier Foundation)

Music Group gets court injunction against UseNeXT (TorrentFreak)

Pirate Bay users outside Italy suffer collateral damage (TorrentFreak)

Anti-piracy group seeks laws to expose BitTorrent pirates (TorrentFreak)

Pirate Bay court appeal set for just after general election (TorrentFreak)

Dutch Pirate Party joins election race (TorrentFreak)

EWHC: EMI not permitted to offer downloads and ringtones of single tracks by Pink Floyd (Ars Technica) (1709 Copyright Blog) (IPKat)

EWHC (TCC): No soft landing for Softlanding in contractual and copyright dispute over source code: Softlanding Systems Inc v KDP Software Ltd and Unicom Systems Inc. (1709 Copyright Blog)

Internet Companies: UK Digital Economy Bill threatens free speech (Michael Geist)

Lib Dems scupper Clause 17 of the Digital Economy Bill (1709 Copyright Blog)

Britain’s other new copyright law – Parody and format-shifting exceptions don’t make it into Copyright (Permitted Acts) (Amendment) Regulations 2010 (1709 Copyright Blog)

BPI publishes research by Ovum suggesting ISPs could make millions if they got involved in digital music market (TorrentFreak) (1709 Copyright Blog)

Are blissed out online shoppers statistically confused? – New research from Consumer Focus on consumer knowledge of legal online music services (1709 Copyright Blog)

Obama lauds ACTA; vows to ‘aggressively protect’ IP; will ‘crack down on practices that blatantly harm our businesses’ (Copyrights & Campaigns)

Updated: All your Apps are belong to Apple: The iPhone Developer Program License Agreement (Electronic Frontier Foundation) (Copyfight)

Electronics manufacturers use US legal system to thwart hardware ‘hacks’ (IP Watch)

Courts split on proof requirements for unauthorised access in computer fraud and abuse act cases - LVRC Holdings LLC v Brekka (JIPLP)

Amazon One-Click patent slides through reexamination (Patently-O) (Ars Technica)

District Court N D California: Complaint alleging infringement by ‘laundry list of electronic devices’ failed to state a claim: Bender v. Motorola, Inc. (Docket Report) (271 Patent Blog)

District Court E D Texas: Defendant may not present jury argument concerning KSR’s change to obviousness standard: Datatreasurycorp v Wells Fargo & Co et al (Docket Report)

District Court E Texas: Entire operating system cannot serve as royalty base where only the workspace switching feature is accused of infringement: IP Innovation, LLC. et al v. Red Hat Inc. et al (Docket Report)

Apple - Apple and NeXT Software file new 337 complaint against High Tech Computer, HTC and Exedea regarding allegedly patent infringing personal data and mobile communications devices (ITC 337 Law Blog)

Apple - Digging beneath the surface of Apple v. HTC (The Prior Art) (Ars Technica) (IPKat)

President Obama discusses three strikes anti-piracy law (TorrentFreak)

Supreme Court: Registration requirement of 411(a) not jurisdictional for copyright claims: Reed Elsevier v. Muchnick (Filewrapper) (Copyright Litigation Blog) (1709 Copyright Blog) (Internet Cases)

District Court N D California rejects copyright violation claim by J B Dath and J Dath against Sony’s ‘God of War’ (SiNApSE)

Google - Charting the future of the Google Book settlement (Excess Copyright)

RIAA – Labels: Nesson and Tenenbaum owe $2,249 (Copyrights & Campaigns)

Scribd – Court refuses to strike class allegations and affirmative defences in Scott v Scribd case (Copyrights & Campaigns)

YouTube - Court orders (relatively) quick unsealing of summary judgement papers in Viacom v YouTube suit (Copyrights & Campaigns)

Google - Rescuecom abandons its AdWord litigation against Google (Technology & Marketing Law Blog)

Google - Court dismisses antitrust case based on venue selection clause in Google’s AdWords contract: TradeComet v. Google (Technology & Marketing Law Blog)

Mastercard International – Mastercard files suit against Montana Thomas and Credit.com over their registration of mastercard.cm domain (Seattle Trademark Lawyer)

European IP politics, US patent evolutions and South Africa sees the light IP Think Tank podcast 4th Mar 2010

Welcome to the IP Think Tank podcast for Thursday 4th March 2010.  In this call, regular panellists Jeremy Phillips and Duncan Bucknell are joined by Darren Olivier and Hal Wegner for an informative and entertaining discussion about:

• The latest patent reform bill in the United States;
• Bilski, Prometheus and diagnostic methods;
• Central exchange control over South African IP assignments;
• Politics and the European world of IP; and
• The new president of the EPO.

We hope you enjoy this week's show, and as always, we look forward to your comments and feedback.

Links:

People

Jeremy Phillips - www.jeremyphillips.eu

Darren Olivier - www.linkedin.com/in/darrenolivier

Hal Wegner - www.foley.com

Pharma & Biotech Global Week in Review 10 Mar 2010 from IP Think Tank

Here is IP Think Tank’s weekly selection of top Pharma & Biotech 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 us 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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

EU: AG advises ECJ to rule that patented DNA can only be protected as chemical substance where it performs function for which it is patented: Monsanto v Cefetra (Managing Intellectual Property) (IPKat) (EPLAW)

Mexico: Supreme Court decides on broad interpretation of linkage regulations (Patent Docs)

Global Fund reports on progress toward UN health goals (IP Watch)

Patent World article ‘Attacks on Supplementary Protection Certifications’ (The SPC Blog)

Africa: Uganda, Tanzania, Rwanda, Burundi and Sudan refuse to endorse a proposal by the East African Community (EAC) to introduce an anti-counterfeit products law (Afro-IP)

Canada: I’m still your baby: Canada’s continuing support of US linkage regulations for pharmaceuticals (IP Osgoode)

EU: Swiss type claims are no longer acceptable at the EPO: In re Abbott Respiratory (Patent Docs) (IP Osgoode)

EU: AG advises ECJ to rule that patented DNA can only be protected as chemical substance where it performs function for which it is patented: Monsanto v Cefetra (Managing Intellectual Property) (IPKat) (EPLAW)

Mexico: Supreme Court decides on broad interpretation of linkage regulations (Patent Docs)

UK: Medicines fees change from 1 April – reference to paediatric extensions and SPCs (The SPC Blog)

US: Genetic Technologies files suit in W D Wisconsin against nine life science companies alleging infringement of patented ‘junk DNA’ technology (IP Whiteboard)

US: Financial implications of recent US decision on patent term adjustments involving Wyeth (IP finance)

US: ‘Complaint for false patent marking’ – have you received one? If not, you might soon! (FDA Law Blog)

US: Review and correction of patent term adjustment calculation made by the USPTO: Boehringer Ingelheim Pharma GmbH & Co. KG et al. v. Kappos (Patent Docs)

US: New York Times provides soapbox for data exclusivity critics (Patent Docs)

US: Massachusetts Institute of Technology dismissed as party in RNAi dispute: Max-Planck-Gesellschaft zur Forderung der Wissenschaften e V et al v Whitehead Institute for Biomedical Research et al (Patent Docs)

US: Cordis awarded fees and costs in surgical device suit: Marctec v Johnson & Johnson and Cordis Corporation (Patent Docs)

US: Review and correction of patent term adjustment calculation made by the USPTO: Boehringer Ingelheim Pharma GmbH & Co. KG et al. v. Kappos (Patent Docs)

US: False marking complaint filed in E D Pennsylvania concerning Risperdone [sic], Nizoral, Terconazole, Ofloxacin products: Hollander v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. (Patent Docs)

US: CAFC affirms ITC’s final determination of invalidity of two patents for violating best mode requirement and unenforceability of one patent due to inequitable conduct: Ajinomoto Co., Inc v ITC (ITC 337 Law Blog)

Aldara (Imiquimod) - FDA rules against forfeiture for generic Aldara cream (FDA Law Blog)

Flomax (Tamsulosin) - US: Has Ranbaxy intentionally forfeited 180-day exclusivity for monetary benefit? (Patentcircle) (GenericsWeb)

Glazide (Gliclazidium) – Poland: Supreme Administrative Court: Glazide is distinctive (Class 46)

Januvia (Sitagliptin) - EU: Partial translation of German Sitagliptin referral to the ECJ (The SPC Blog)

Nexium IV (Esomeprazole) – US: Infringement of patent following a Paragraph IV certification: AstraZeneca AB et al. v. Sun Pharma Global FZE et al. (Patent Docs) (GenericsWeb)

Protonix (Pantoprazole) - US: District Court dismisses Wyeth Lanham Act case concerning generic Protonix, but leaves the door open for further litigation (FDA Law Blog)

ReFacto (Moroctocog alfa)- US: Novartis prevails over Pfizer in ReFacto suit (Patent Docs)

Vytorin (Ezetimibe, Simvastatin) – US: Infringement of patent following a Paragraph IV certification: Schering Corp. et al. v. Teva Pharmaceuticals USA, Inc. et al (Patent Docs)

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