Here you can see our latest posts, and filter by category by clicking the links to the left.

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

Copyright Friday, March 12, 2010 Duncan Bucknell Company

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)

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

Copyright Wednesday, March 10, 2010 Duncan Bucknell Company

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)

General Global Week in Review 8 March 2010 from IP Think Tank

Copyright Monday, March 8, 2010 Duncan Bucknell Company

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 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/

Benoît Battistelli (France) elected EPO President (EPLAW) (Innovation Partners) (IP Kat) (IAM) (IAM) (IP Watch) (IP:JUR)

US Patent Reform Act of 2010: A Substitute S. 515 (Patent Baristas) (Inventive Step) (271 Patent Blog) (IP Watch) (Inventive Step) (Patent Docs) (Gray on Claims) (Patently-O)

You won’t get what you want if you look in the wrong place (IP Think Tank)

China update, criminal sanctions in IP cases and Googly litigation – IP Think Tank podcast 18 Feb 2010 (IP Think Tank)

Awards 2010: shortlists unveiled for Managing IP (Managing IP)

WTO GIs group continues work on topic ‘clusters’ (IP Watch)

All the cool brand names are gone, the Wall Street Journal reports (Seattle Trademark Lawyer)

What if patents lasted 70 years? (IP Think Tank)

Invention capital Intellectual Ventures and you (IP Think Tank)

Xyggy and the Golden Egg (Intellogist)

New ACTA leak details differences, broadening scope (IP Watch)

Australian officials borrow US rhetoric on Canadian copyright (Michael Geist) (Information Politics)

March 2010: a month for high expectations on IP in Brazil (IP tango)

Depicting a statue in a movie: copyright violation? – Brazil Catholic Church sues Columbia Pictures over unauthorised depiction of Christ the Redeemer statue in movie (SiNApSE)

LG Group meeting a problem concerning its trademark in Brazil (Relat IP)

Speech from the Throne (Excess Copyright) (Michael Geist)

Bannerman on copyright timelines (Michael Geist)

Clement on copyright: A made-in Canada approach (Michael Geist)

The doctrine of ‘inherent inticipation’ in Canada: A time for review? (IP Osgoode)

Federal Court: IP infringement and director liability: Target Event Production Ltd. v. Cheung and Lions Communications Inc (IPblog) (Canadian Trademark Blog)   

China’s new Article 4 Copyright Law: Censored works are copyrighted too (IP Dragon)

Tiger, Tiger burning bright (IPKat)

Danes side with Benelux and the Hungarians on ONEL (Class 46)

Benoît Battistelli (France) elected EPO President (EPLAW) (Innovation Partners) (IP:JUR) (IP Kat) (IAM) (IAM) (IP Watch)

Negotiations for agreement between EC and Georgia on protection of geographical indications underway (Class 46)

Albania – 37^th member to accede the European Patent Convention (SiNApSE)

General Court not confused by bottle shapes: Weldebräu v OHMI, Kofola Holding (Class 46)

Daimler gets a nastygram from Ferrari (Class 46)

Cognac and cannabis for Europe’s top judges: Bureau National Interprofessionnel du Cognac v Oy Gust. Ranin; Torresan v OHIM (IPKat)

The EPO and the ‘milk cow’ patent (IPKat)

Keeping the patent system fit for purpose (IPKat)

PGI protection for Mela di Valtellini Italian apples and TSG protection for Prekmurska gibanica Slovenian cake (Class 46)

Slovenia gets TSG protection for Belokranjska pogača (Class 46)

Claiming with a purpose, with the blessings of an inventor (SiNApSE)

Institutional capacity of the patent office... the next big challenge??? (SiNApSE)

Royalty issue rocks the panel – proposed Copyright Act amendment (SiNApSE)

Calcutta High Court stays Rin ad in Rin v Tide comparative advertising dispute: Hindustan Unilever Limited v Procter and Gamble Home Products Limited (Spicy IP) (Spicy IP) (Spicy IP) (Spicy IP)

Israel Supreme Court refuses clothes pins appeal: Zion Dadon v Rafael Weapons Development LTD (IP Factor)

Michal David sues Israel Postal Authority for copyright infringement over use of design for telegrams (IP Factor)

Director General wraps up official visit to Japan (WIPO)

INDECOPI tries to stop counterfeited book (IP tango)

Trade Marks and taxes (Class 46)

Seizure of goods bearing the EURO 2012 logo (Class 46)

The second lap in race for Dakar - Voivodeship Administrative Court: Name long known as exotic city name, should not be attributed exclusively to one company (Class 46)

Russian Antitrust Commission bans chocolates similar to Ferrero Rocher (Class 46)

Euroset in a battle for HALYAVA (Russian slang for free-ride) (Class 46)

New trade mark law in Slovakia (Class 46)

Pomping our moral fibres – offensive trade marks (Afro-IP)

SUGABABES – Keisha Buchanan to commence legal proceedings against the girl group to prevent the current line up using the name (IPKat)

USTR offers answers to some thorny questions on ACTA (IP Watch) (Michael Geist)

Submissions to US unilateral IP enforcement process highlight piracy, health, and ACTA (IP Watch)

First public hearing on Special 301: Great first step with room for improvement (Public Knowledge)

Trade secrets, bankruptcy and ‘standing’: Jasmine Networks, Inc. v. Superior Court (Santa Clara County) (IP Law Blog)

The Patent Reform Act of 2010: A Substitute S. 515 (Patent Baristas) (Inventive Step) (271 Patent Blog) (IP Watch) (Inventive Step) (Patent Docs) (Gray on Claims) (Patently-O)

First to disclose: A caveat to the Patent Reform Act of 2010 (Patently-O)

House leadership says it lacked ‘adequate input’ on Senate Patent Reform Bill (Patent Docs)

Who cares about health care reform? Patent reform is back! (Peter Zura's 271 Patent Blog)

False marking and patent reform (Patently-O)

Patent marking police strike again - 100 companies now affected by false marking suits (GRAY on Claims)

The marking requirement: Here is how the statute has been interpreted (Patently-O)

Investigating Patent Law’s presumption of validity - An empirical analysis (Patently-O)

Inventors Eye: The Patent Office’s new publication for inventors (Patent Baristas)

CAFC: District Court Judge provides another reminder of dysfunctional state of Federal Circuit’s claim construction jurisprudence: Trading Technologies Int’l, Inc v eSpeed Inc (Patent Docs)

CAFC: Patent prosecution malpractice: Proving the case-within-a-case: Davis v Brouse McDowell (Patently-O) (Inventive Step)

CAFC: Good news for design patent holders: Crocs, Inc v ITC (Director's Forum)

District Court E D Miami: Inequitable conduct pleading need not allege why undisclosed prior art embodies the claimed invention, why it is not cumulative, or how examiner would have applied it: Somanetics Corp. v. CAS Medical Systems, Inc (Docket Report)

District Court M D Pennsylvania: Conflicting claim constructions preclude finding of wilfulness: Arlington Industries v. Bridgeport Fittings (Docket Report)

ITC: No section 337 violation by Mitsubishi in certain variable speed wind turbines in matter brought by General Electric (ITC Law Blog)

Freescale Semiconductor – Freescale files new 337 complaint alleging patent infringment against Panasonic, Funai, JVC and others regarding certain integrated circuits (ITC Law Blog)

Hologic – An example of defensive patent strategy – settlement between Johnson & Johnson and Hologic (IP Directions)

McCabe - McCabe files new 337 complaint alleging patent infringement regarding certain stringed musical instruments, respondents include Floyd Rose, David & Hanser Music, Ping Well Industrial and others (ITC Law Blog)

Mitsubishi - In a third action against Mitsubishi, GE asserts new zero voltage ride through patent (Green Patent Blog)

Sharp – ITC to terminate investigation in certain liquid crystal display modules based on settlement agreement between Sharp and Samsung (ITC Law Blog)

Taylor - Patentee Taylor appeals from summary judgment of non-infringement.: Taylor Brands v. GB II Corp (PATracer)

Texas Advanced Optoelectronic Solutions – Counsel ordered to meet and confer for deposition confidentiality designations: Texas Advanced Optoelectronic Solutions v. Intersil (EDTexweblog.com)

University of New Mexico – UNM files complaint against Environmental Robots over alleged infringement of patent covering ‘soft actuators and artificial muscles’ (Technology Transfer Tactics)

Wham-O - False patent marking suit targets the FRISBEE disc: FLFMC LLC v Wham-O (IP Spotlight)

CAFC: Sculpture, history, copyright infringement and fair use of the Korean War Veteran’s Memorial: Gaylord v. United States (Copyright Litigation Blog) (Property, intangible)

Precedential No. 7: TTAB deems internet printouts admissible via notice of reliance: Safer, Inc v OMS Investments, Inc (TTABlog)

TTAB vacates 2008 fraud ruling in Herbaceuticals, Inc v Xel Pharmaceuticals, Inc (TTABlog)

TTAB affirms 2(d) refusal of CARMINE’S design for restaurant services in view of two other CARMINE’S designs: In re Carmine's Broadway Feast Inc.(not precedential) (TTABlog)

District Court W D Wisconsin: Trek trademark infringement... dismissed!: Trek Bicycle Corporation v Trek Winery, LLC (Trademark Blog of the Trademark Lawyer's Mind)

District Court C D California: No preliminary injunction in ‘Planet Coffee’ trademark infringement case: Planet Coffee Roasters, Inc. v. Hung Dam (Seattle Trademark Lawyer)

Loops - W D Washington corrects discovery abuses with adverse instruction to jury: Loops LLC v Phoenix Trading, Inc (Seattle Trademark Lawyer)

Fama de America expropriated (IP tango)

Online Global Week in Review 5 March 2010 from IP Think Tank

Copyright Saturday, March 6, 2010 Duncan Bucknell Company

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/

Facebook awarded US patent for ‘news feed’ technology (Daily Dose of IP) (Tangible IP) (IP Whiteboard) (Patent Arcade) (BlawgIT) (Trademark Blog of the Trademark Lawyer's Mind)

9th Circuit: Domains are property subject to levy where the registry is located Office Depot v. Zuccarini (The Gray Blog) (Seattle Trademark Lawyer) (Technology & Marketing Law Blog) (ipwars) (Las Vegas Trademark Attorney)

Major ACTA leak: Internet and civil enforcement chapters with country positions (Michael Geist) (Michael Geist) (Ars Technica) (The Gray Blog)

District Court N D California: Dancing tot prevails over UMG in YouTube fair use case: Lenz Blog v Universal Music Group (Ars Technica) (Technology & Marketing Law Blog) (IP Directions)

China update, criminal sanctions in IP cases and Googly litigation (IP Think Tank)

Major ACTA leak: Internet and civil enforcement chapters with country positions (Michael Geist) (Michael Geist) (Ars Technica) (The Gray Blog)

Does download dip denote disaster? (IP finance)

Who’s the King today? – Entertainment and Internet industries (Singularity Law)

The cloud picks what brand you are selling (Property, intangible)

Internationalised domain names – Part 2 (IPblog)

Tech sector holds breath as IV unloads more patents (271 Patent Blog)

Maturation of the software industry and the need for software patents (IP Osgoode)

Speech from the Throne: digital strategy, copyright, open telecom, lawful access, & cybersecurity (Michael Geist)

Parliamentary restart offers chance to prioritize digital agenda (Michael Geist)

Google PRC hackers: Who they are depends on who you ask (China Hearsay)

EU says no to mandatory ACTA Three Strikes (Michael Geist)

European Data Protection Supervisor speaks out over ACTA (IPKat)

EU Commission says little on ACTA at European Parliament hearing (Michael Geist)

European Commission gets tough treatment from parliament over ACTA (IP Watch)

MEPs opposition to ACTA grows (Michael Geist)

German Justice Minister: ACTA transparency and no three strikes (Michael Geist)

New Zealand launches ACTA consultation – seeking feedback on the Internet enforcement chapter (Michael Geist)

Dutch Minister of Economic Affairs calls for ACTA transparency (Michael Geist)

‘Bribed’ Pirate Bay cop now heads Anti-Piracy Unit (TorrentFreak)

Pirate Bay torrents remain online despite court order (TorrentFreak)

Pirate Bay buyer offered millions to Mininova (TorrentFreak)

Digibill in a hot spot – How will copyright infringement via wi-fi be handled under Digital Economy Act? (1709 Copyright Blog)

Three-strikes petition gets attention of 10 Downing Street (Ars Technica)

Bridging the physical/digital divide – Jurisdiction over online content: EWCA decision in R v Sheppard (IP Osgoode)

Newzbin vs MPA Usenet ‘Filtering’ trial concludes (TorrentFreak)

Lord Clement Jones: Anti-piracy lawyers ‘an embarrassment to creative rights industry’ (TorrentFreak)

Amazon - Flames of 101 stay unkindled for Amazon – Amazon issued patent covering ‘creating an incentive to author useful item reviews’ (12:01 Tuesday)

Apple - HTC feeling Apple's fury over smartphone patents – Apple files federal lawsuit and parallel complaint with ITC (Ars Technica) (Ars Technica) (Ars Technica) (ITC Law Blog)

Apple – ITC institutes investigation of certain mobile communications and computer devices following complaint by Apple against Nokia (ITC Law Blog)

Facebook - Facebook awarded US patent for ‘news feed’ technology (Daily Dose of IP) (Tangible IP) (IP Whiteboard) (Patent Arcade) (BlawgIT) (Trademark Blog of the Trademark Lawyer's Mind)

Infineon - Infineon files new 337 complaint against numerous respondents, alleging unlawfully importation and sale of certain dynamic random access memory semiconductors which allegedly infringe Infineon’s patents. (ITC Law Blog)

Kodak - ITC institutes investigation regarding certain mobile telephones and wireless communication devices featuring digital cameras against RIM, Apple (ITC Law Blog)

Microsoft - Microsoft enters into another license with an OSS implementer – this time with I-O Data (SiNApSE)

RealNetworks - Beaten and bloodied, Real agrees to settle RealDVD fight (Ars Technica)

Samsung - ITC investigation concerning hand held wireless communication devices terminated on basis of settlement agreement between Saxon, Samsung and Palm (ITC Law Blog)

Toshiba - ITC institutes investigation regarding certain notebook computer products against Wistron (ITC Law Blog)

Verizon - Verizon borrows Intellectual Venture’s IP (IP Finance)

The weakest link redux: How a DMCA takedown for one item can result in removal of lots of lawful material (Electronic Frontier Foundation)

Google removes BTJunkie from search results (TorrentFreak)

Big Content condemns foreign governments that endorse FOSS (Ars Technica)

Unintended consequences: Twelve years under the DMCA (Electronic Frontier Foundation) (Electronic Frontier Foundation)

Thousands sign petition protesting net neutrality loopholes for copyright enforcement (Electronic Frontier Foundation)

How balanced copyright gives us as many freaky Alice in Wonderlands as we can handle (Public Knowledge)

US jurisdiction of Canadian website: Columbia Pictures Industries Inc. v. Fung (IPblog)

Court of Appeal for the 5^th Circuit: You can't claim ‘innocence’ of musical copyrights: Maverick Recording Company v Whitney Harper (Ars Technica)

District Court Massachusetts: Tenenbaum and Nesson ordered to pay labels’ fees over discovery dispute; court finds ‘no extenuating circumstances’: Sony BMG v Tenenbaum (Copyright & Campaigns) (Ars Technics)

District Court N D California: Dancing tot prevails over UMG in YouTube fair use case: Lenz Blog v Universal Music Group (Ars Technica) (Technology & Marketing Law Blog) (IP Directions)

Google – Google Book fairness hearing (IPKat)

Microsoft – Microsoft’s DMCA takedown notice over copy of compliance manual and Network Solutions subsequent takedown of entire Cryptome.org domain (Electronic Frontier Foundation)

Viacom - Viacom: ‘Fair use works for us’, unlikely to sue bloggers (Ars Technica)

YouTube - You Tube’s content ID (C)ensorship problem illustrated –‘silencing’ of Larry Lessig lecture (Electronic Frontier Foundation)

YouTube – YouTube: Keep summary judgment papers sealed for months; Viacom ‘the time has come for transparency and public access: Viacom v YouTube (Copyrights & Campaigns) (Copyrights & Campaigns)

9th Circuit: Domains are property subject to levy where the registry is located Office Depot v. Zuccarini (The Gray Blog) (Seattle Trademark Lawyer) (Technology & Marketing Law Blog) (ipwars) (Las Vegas Trademark Attorney)

District Court E D Michigan: Gripe site prevails in domain cybersquatting case: Career Agents Network, Inc v careeragentsnetwork.biz (Ars Technica)

Google - Google dismisses some claims and gets some attorneys’ fees: Jurin v. Google (Technology & Marketing Law Blog)

Pharma & Biotech Global Week in Review 3 March 2010 from IP Think Tank

Copyright Wednesday, March 3, 2010 Duncan Bucknell Company

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/

Cozaar (Losartan), Hyzaar (Hydrochlorothiazide; Losartan) – US: Teva prevails in generic Cozaar/Hyzaar 180-day exclusivity forfeiture litigation: Teva v Kathleen Sebelius (FDA Law Blog) (SmartBrief)

Nexavar (Sorafenib) - India: More on Bayer patent linkage - Supreme Court admits special leave petition filed by Bayer (Spicy IP) (Generic Pharmaceuticals and IP) (Spicy IP) (Spicy IP)

Aranesp (Darbepoetin alfa) – EU: Advocate General opines Kirin cannot be granted SPC because they had not obtained a Lithuanian MA for Aranesp before accession date: Kirin Amgen v Lietuvos Respublikos; (The SPC Blog) (EPLAW)

Colombia/EU/Peru: Tough IP health provisions in Europe’s Colombia/Peru trade deal (IP Watch) (IP tango)

WTO TRIPS Council considers workshop on public health amendment (IP Watch)

Efficacy of TRIPS public health amendment in question at WTO (IP Watch)

International treaties and national legislation – How far can they go to protect local and Indigenous farmers’ IP rights? (IP Osgoode)

Australia: University of Western Australia’s application to appeal FCAFC’s decision in University of Western Australia v Gray fails (IP Whiteboard)

Colombia/EU/Peru: Tough IP health provisions in Europe’s Colombia/Peru trade deal (IP Watch) (IP tango)

EU: Something more about Swiss type claims: G02/08 (SiNApSE) (SiNApSE)

US: Pharmaceutical patent settlements – and what about patients? (IP Think Tank)

US: Reverse payments in generic drug settlements (Part II - Patent Docs) (Part III - Patent Docs) (Part IV - Patent Docs)

US: Inability of patent examiner and Board to correctly read prior art reference necessitates intervention by Federal Circuit: In re Chapman (Holman's Biotech IP Blog) (Patent Docs)

US: Patent infringement suit between NexMed and Beta Technologies stayed following determination that plaintiff NexMed may not own one of the patents-in-suit related to method of herpes lesion treatment (Patent Docs)

US: Bio-Reference seeks declaratory judgment of invalidity and noninfringement based on its JAK2 diagnostic testing: Bio-Reference Laboratories, Inc. v. Assistance Publique - Hopitaux De Paris et al. (Patent Docs)

US: Court report – Numerous false marking suits filed by Simonian against various respondents concerning products including: Claritin-D, Hypo Tears, Interceptor, Prevacid, Advil, Heartguard Heartworm Canine Medication (Patent Docs)

US: False marking suit brought over marking of Accu-Chek products: O’Neill v Roche Diagnostics Corp (Patent Docs)

US: President’s health care plan includes pay-for-delay ban and biosimilar regulatory pathway (Patent Docs)

US: OGD’s ANDA backlog and media ANDA approval times are up – way up! ‘The solution lies in resources’ says FDA Commissioner Hamburg (FDA Law Blog)

Actoplus MET (Pioglitazone) – US: Takeda files patent infringement suit against Aurobindo following Para IV certification as part of ANDA to manufacture generic Actoplus MET (Patent Docs)

Advair diskus (Fluticasone, Salmeterol) – US: PTO denies PTE for Advair diskus patent; Office again clarifies that PTEs are not availabile for ‘synergistic combinations’ containing previously approved drugs: (FDA Law Blog)

Aldara (Imiquimod) – US: Graceway files patent infringement complaint following Para IV challenge by Perrigo (Patent Docs)

Androgel – US: District Court dismisses FTC challenge to Androgel settlement agreements; President’s Proposed Health Reform Bill would adopt a senate measure to curb settlement agreements (FDA Law Blog)

Aplenzin (Buproprion) – US: Biovail files infringement complaints before Delaware and S D Florida following Para IV challenge by Watson (Patent Docs)

Aranesp (Darbepoetin alfa) – EU: Advocate General opines Kirin cannot be granted SPC because they had not obtained a Lithuanian MA for Aranesp before accession date: Kirin Amgen v Lietuvos Respublikos; (The SPC Blog) (EPLAW)

Clobex (Clobetasol) – US: Galderma files patent infringement complaint following Para IV challenge by Taro (Patent Docs)

Cozaar (Losartan) – UK: EWCA provides first clear guidance on timing and substantive requirements for applying for and obtaining paediatric extension to an existing SPC: EI Du Pont Nemours & Co. v United Kingdom Intellectual Property Office (JIPLP)

Cozaar (Losartan), Hyzaar (Hydrochlorothiazide; Losartan) – US: Teva prevails in generic Cozaar/Hyzaar 180-day exclusivity forfeiture litigation: Teva v Kathleen Sebelius (FDA Law Blog) (SmartBrief)

Detrol (Tolterodine) – US: Teva appeals ruling that Pfizer’s patent covering Detrol is valid and enforceable (Patent Docs)

Erbitux (Cetuximab), Irinotecan – UK: IPO rejects SPC applications for Cetuximab-Irinotecan combination and Cetuxamib alone in accordance with Article 10(4) after applicant was provided with opportunity to correct irregularities in applications (The SPC Blog)

Fentora (Fentanyl) – US: Cephalon files patent infringement complaint following Para IV challenge by Sandoz (Patent Docs)

Fortamet (Metformin) – US: Shionogi files patent infringement suit against Mylan following Para IV challenge (Patent Docs)

Integrilin (Eptifibatide) - US: Millennium Pharmaceuticals files patent infringement complaint following Para IV challenge by Teva (Patent Docs)

Lidoderm (Lidocaine) - US: Endo files patent infringement complaint following Para IV challenge by Watson (Patent Docs)

Mirapex (Pramipexole) – US: CAFC: Ending the doctrine of non-statutory double patenting: Boehringer Ingelheim Int’l v Barr Labs & Mylan Pharma (Patently-O)

Nexavar (Sorafenib) - India: More on Bayer patent linkage - Supreme Court admits special leave petition filed by Bayer (Spicy IP) (Generic Pharmaceuticals and IP) (Spicy IP) (Spicy IP)

Plavix (Clopidogrel) – US: USPTO tentatively rejects claims in key patent for Plavix which is co-marketed by Sanofi-Aventis and Bristol-Myers Squibb (GenericsWeb)

Seasonique (Levonorgestrel/Ethinyl estradiol) – US: Watson seeks declaratory judgment of invalidity and infringement of patent based filing of ANDA to manufacture generic of Teva’s Seasonique (Patent Docs) (The IP Factor)

Januvia (Sitagliptin) – EU: German Federal Patent Court decides to refer question for preliminary ruling on negative term SPCs to ECJ in Sitaglipin case (The SPC Blog)

Tarceva (Erlotinib) – US: OSI gets re-issued patent (Generic Pharmaceuticals and IP)

Tasigna (Nilotinib) – India: Pre-grant opposition rejected (Indian Patent Oppositions)

TriCyclen (Norgestimate, Ethinyl estradiol) – US: Lupin files counterclaims against Ortho-McNeil-Janssen alleging Tri-Cyclen patent invalidity (Patent Docs)

Ultravate (Polyhalogeno steroids) – US: False marking suit based on marking of Ultravate products: Hollander v Ranbaxy Laboratories (Patent Docs)

Viepax (Venlafaxine) – Israel: Wyeth accuses Teva of widening grounds of opposition, but Israel Patent Office Adjudicator refuses to dismiss claims in interim ruling (The IP Factor)

Zinacef (Cefuroxime) – Kenya: SynerMed’s SYNERCEF registration cancelled based on Glaxo’s ZINACEF mark (Afro-IP)