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IP Thinktank Global Week in Review – 19 October 2007

Here is IP Thinktank’s weekly selection of top
intellectual property news breaking in the blogosphere and internet.

Please join the discussion by adding your comments on any
of these stories, and please do let me know if you think we’ve missed something
important, or if there is a source you think should be monitored. You can separately subscribe to the IP Thinktank Global week in Review at http://thinkipstrategy.com/subscribe/


Global

Prominent Critic of Patent System Wins Nobel Prize -US economists Mr Leonid Hurwicz, Mr Eric Maskin and Mr Roger Myerson have won the Nobel prize for economics (BLOG@IPR::JUR),

Red Hat and Novell hit with Linux patent suit (IP Factor), (Patent Prospector),

Google unveils promised video content filtering technology to enable copyright owners to track and block unauthorised posts (IPWars), (Lightbulb), (Justia),

Coalition of major media and Internet companies (but not Google) issue a set of
guidelines for handling copyright-protected videos on large
user-generated sites (Justia),

Fulbright & Jaworski’s annual survey indicates overall litigation on the decline, but patent litigation increasing in the UK and USA (IAM), (Peter Zura),

Australia

IP Australia, has launched its “Strategic Statement” for the period 2007-2012 (LawFont),

Discussion opens on incorporation of Australian Patent Attorney practices (IPWars),

No trade mark exhaustion for separate resale of components (printer drums) sold by trade mark owner to be resold within printers – Brother Industries, Ltd v Dynamic Supplies Pty Ltd [2007] FCA 1490 (IPWars),

For all Australian applications pending as of 22 October 2007, it will
be no longer necessary to provide the details of foreign search results under
Australian practice. (IPAustralia)


China

Excellent overview of protection of software in China (IPDragon), (King & Wood),

Youtube blocked in China (Danwei),

Blogspot and Flickr blocked in China (Danwei),

Organizing committee of the 102nd China Import and Export Fair (commonly known as Canton Fair) will ban IP infringers from future Fairs (IPDragon),

UPdate on the IP enforcement WTO actions against china (brought by the USA and joined by Japan, Canada, Europe, Mexico, and recently Australia), (IPDragon),

Europe

EPO touts ‘new patent information policy’ for Europe, (Blog@IPR::JUR),

Nexium (esomeprazole) patent (EP 0773940) upheld in EPO Opposition by RatioPharm (Delawaretimes), (Pharmalive),

OHIM Launching Public Consultation on Draft Guidelines For Renewing Registered Community Designs. (Blog@IPR::JUR),

OHIM refused to register mark WinDVD Creator, since it was
descriptive. Quite right, said the CFI, dismissing Intervideo’s appeal – CFI decision in Case T-105/06 Intervideo v OHIM, (IPKat)

EPO adds EPC post-grant data to PRS database (EPO),

EU Patent Jurisdiction: Details of New Proposals From Portuguese EU Presidency (Blog@IPR::JUR), (IAM),

Teva invalidates acid metabolite patents for terfenedine, (Teva Pharmaceutical Industries Ltd and another v Merrell Pharmaceuticals Inc, Aventis and Sepracor [2007] EWHC 2276 (Ch) ), (IPKat),

Nice summary of the status of Swiss-Style claims in the UK, (IPKat),

Monsanto’s infamous Roundup ready patent, EP0546090 valid but not infringed in the UK (Monsanto Technology LLC v Cargill International SA). (The patent has previously been the subject of much controversy, and had already been the target of anti-GM groups. (IPKat),

OHIM releases summary of 2006 decisions (IPR-Helpdesk),

First EU senior court judgment on Community Designs could be bad news for Design owners (not infringed) (IAM), (IPKat),


France
French Patent Attorney association decides not to oppose signing of London Agreement (IAM)


India
Delhi High Court dismissed a petition by J K Rowling and
Warner Brothers against a Durga Puja pandal in Kolkata’s Salt Lake area
allegedly replicating Hogwarts Castle. (Spicy IP)

‘Mysore Mallige’ (a variety of jasmine with a unique lingering fragrance) gets Geographican Indication status (SpicyIP),


Phillipines
Phillipines enacts a provision limiting pharmaceutical extension patents which is similar to India’s renouned s 3(d) (Spicy IP)


USA

Amazon’s one-click patent rejected by USPTO (Against Monopoly), (IPBiz), (OUT-LAW), (IP Law Daily),

GSK sues USPTO saying new continuation rules are invalid (IPFactor), (Patent Baristas), (IPBiz), (Philip Brookes), (PLI), (Patently’O),

More complaints over the new USPTO Rules and calls for people to co-sue the USPTO or file amicus briefs in the GSK litigation (PLI), (Patent Prospector), (BustPatents), (Peter Zura’s 271 Blog), (PatentDocs), (I/P Updates),

Wait for the completion of Trademark Trial and Appeal Board (TTAB) proceedings before seeking declaratory relief. (Justia),

Permanent injunction imposed on the distributor of the Morpheus file-sharing software and stronger filtering software required (OUT-LAW),

Ninth Circuit Holds Use in Commerce Only Creates Trademark Rights When the Use is Lawful (Intellectual Property Law Blog)

Apotex Gets Out of Contempt Holding — But Only Because Injunction Didn’t Mention ANDAs (Patent Baristas), (Generic Pharmaceuticals & IP), (Patent Docs),

Why a golden age for US patent owners could be coming to an end (IAM),

USPTO issues obviousness guidelines (Against Monopoly), (PLI),

Sun Pharma announces receipt of ‘Covenant Not to Sue’ from Wyeth over its Effexor (Venlafaxine) ANDA (Generic Pharmaceuticals & IP),

Teva sues company No. 16 in US Carvedilol process patent litigation, (Generic Pharmaceuticals & IP),

Patent Licensee holding Exclusive Rights to a Field of Use Does Not Have Standing to Sue (Patently’O),

6th revision to 8th edition of USPTO’s MPEP (I/P Updates), (Anticipate this), 


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