IP Think Tank Global Week in Review – 21 December 2007

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

Highlights this week included: talk of Thailand’s
potential move to compulsory licences for anticancer drugs, Canada’s DMCA put off until ’08 and China’s retialiatory blockade of Hollywood films.

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://feeds.feedburner.com/DuncanBucknellsGlobalWeekInReview

Global

• Events in Bali heap further pressure on all IP owners: (IAM),
• Velcro defies generic
  claim in domain name battle: (OUT-LAW),
• ICANN forms group to
  hasten non-English domain names: (IP
  Justice)
• WTO members continue
  debate on geographical indications register: (Intellectual
  Property Watch),
• Creative Commons launches
  CCo and CC programs: (World IP Day),
• Green IP Strategy – risks
  and opportunities: (IP
  ThinkTank),
• Shaping the terrain and
  IP strategy: (IPThinkTank),
• WIPO consults on
  protecting traditional knowledge, genetic resources: (Intellectual
  Property Watch),
• Aligning IP strategy and
  business strategy: (Financial
  Aspects of IP),
• Open innovation and IP
  strategy: (IPThinkTank),
• International
  implications of Red Cross trade mark fight unclear: (Intellectual
  Property Watch),

Pharma

• Notes from the biotech
  sector – ties between San Diego
  and the PRC: (China Hearsay),
• ‘Microbesoft’ patents
  could put the squeeze on synthetic life: (Ars
  Technica),
• The Economic Times
  reports that out of the 8000 drug patent applications filed in between
  95-04 about 40% are by Indian companies: (Spicy
  IP),
• Year 2007 in Pharmaceuticals:
  (Profitability
  through Simplicity),
• Depomed Inc. won summary
  judgment in its patent suit against a Teva subsidiary over 2 patents for
  AcuForm controlled-release technology: (IPLaw360),
• Guidelines for
  examination of Pharma patents – a developing country’s perspective: (Generic
  Pharmaceuticals & IP)
• Patented research tools
  and the 271(e)(1) exemption: (Holman),
• Invitrogen and Genetic
  Applications have settled the patent infringement suit over reissued patent
  directed to methods of transplanting DNA into a eukaryotic genome to yield
  hematopoietic cell lines: (Patent
  Docs),
• Wyeth v Impax
  Laboratories, Inc: ‘Extended release formulation’ and other terms defined
  in ANDA case: (Delaware IP
  Law)

 

• Busulfex (Busulfan) –
  Otsuka Pharmeceutical Co and PDL BioPharma strike deal for IV Busulfex: (Patent
  Docs),
• Celzentry – Pfizer
  recently granted patent, by the Indian Patent office, for its HIV/AIDS
  treatment drug Celzentry: (Spicy
  IP),
• Cialis (Tadalafil) – Eli
  Lilly’s patent application for an erectile dysfunction drug Cialis
  rejected by the Indian Patent Office although this drug has been
  successfully patented in the US, EU and Japan: (Spicy
  IP),
• Detrol (Tolteradine) –
  Generic company’s Detrol Polymorph patent highlights ongoing quality
  issues in USPTO: (IPThinkTank),
• Gleevec / Glivec
  (Imatinib) – Natco appeals to Supreme Court from High Court decision on
  IPAB composition: (Generic
  Pharmaceuticals & IP)
• Insulin – Wockhardt’s
  pre-grant opposition to Lilly’s Human Insulin patent application was
  rejected by the Kolkata Patent Office: (Generic
  Pharmaceuticals & IP)
• Iressa (Gefitinib) – Astra’s
  patent application for its lung cancer drug Iressa rejected by the Indian
  Patent Office on grounds of ‘known prior use’: (Spicy
  IP),
• Lyrica (Pregabalin) – Northwestern
  University has sold part of its royalty rights to the pain therapy Lyrica
  to Royalty Pharma for $700 million: (IP
  Law360),
• Neopogen (Filgrastim) – Sloan-Kettering
  Institute for Cancer Research sues Amgen Inc. for allegedly evading
  royalty payments on infection preventative drugs, Neupogen and Neulasta: (IP
  Law360),
• Seasonale
  (ethinylestradiol) – Barr sues to block generic Seasonale: (IP
  Law360),
• Sular (Nisoldipine) –
  Sciele sues Mylan over ANDA filing: (Generic
  Pharmaceuticals & IP)
• Tarka (Trandolapril &
  Verapamil) – Sanofi-Aventis SA and Abbott Laboratories have jointly filed
  a lawsuit against Glenmark to prevent the Indian company from selling a
  generic version of its hypertension drug Tarka in the US: (Spicy
  IP),

 

Canada

• Canada’s DMCA and surrounding
  controversy: (Now why didn’t I
  think of that?),

• Canadian Association of
  University Teachers on copyright reform: (Michael Geist),

• Cisco on copyright in Canada:
  (Michael Geist),

• The new copyright debate:
  (Michael Geist),
• Media coverage of
  copyright debate: (Michael Geist),
  (more from Michael
  Geist), (and more from Michael Geist),
  (and more from Michael
  Geist),
• Copyright delay
  demonstrates power of Facebook: (Michael Geist),
• Access Copyright claims
  copyright reforms may be on hold ‘indefinitely’: (Michael Geist),
• Canadian Independent
  Records Production Association criticizes copyright delay: (Michael Geist),
• Growing calls for
  Copyright Commission: (Michael Geist)
• Update on gray marketing:
  (Mondaq.com),
• Canadian Patent Office issues
  Practice Notice regarding signal claims: (Mondaq.com),
• Official marks
  developments: (Mondaq.com),
• Canadian porn spammers’
  lust for Facebook data lands them in court: (Ars
  Technica),
• Amendments to the Trade
  Marks Regulations: (Mondaq.com),
• Amendments to the Patent
  Rules: (Mondaq.com),
• Fasken Martineau’s The IP
  Year 2007 in Review: Trade Marks: (Mondaq.com),
• Fasken Martineau’s The IP
  Year 2007 in Review: Patents: (Mondaq.com),
• Fasken Martineau’s The IP
  Year 2007 in Review: Copyright: (Mondaq.com),

 

China

• China hits back by banning Hollywood films in
  ongoing IP dispute: (IAM),
  (Ars
  Technica), 

• Tech transfer and the
  environment: (China Hearsay),
• A brave new future for China
  in science: (ajc.com),
• Lack of Chinese patent
  costs Schneider Electric dearly: (IP
  Dragon)
• China IT outsourcing rising
  (including discussion of associated IP issues): (China
  Law Blog),
• Cheng Yongshun’s critique
  on US Patent Reform Act ammunition to opposites: (IP
  Dragon),
• IP litigation data: what it
  means (interpretation of statistics collected from Beijing People’s
  Courts’ decisions in IP disputes): (Experience
  not logic), and related commentary (China
  Law Blog), (IP
  Dragon), (IAM),
  (Peter
  Zura’s 271 Patent Blog)
• Writers sue Beijing Sursen
  Electronic Technology Company for copyright infringement on its website: (China Hearsay),

• China does its part re: TRIPs
  & compulsory licensing: (China
  Hearsay),

• Analysis of Danone v Wahaha:
  (China
  Law Blog), (Spicy
  IP)

• China a victim of Basmati Rice
  Syndrome: (China Hearsay),

• Data key on road to IPR
  transparency: (IP
  Dragon),
• GOOG v Guge: Chinese
  company sues Google over name: (Ars
  Technica),

• China, US hold high-level
  discussions on IP issues: (Intellectual
  Property Watch),

• Wembley Gypsum Products v
  MST Industrial Systems: (Mondaq.com),
• Fake pens in China write/writ large –China’s current status
  regarding counterfeiting: (China
  Law Blog),
• Yahoo! found guilty of mass
  copyright infringement: (TorrentFreak),

Europe

• EPOrg Administrative
  Council on a strategic approach towards EPO 2.0: (BLOG@IP::JUR),
• Last chance for patent
  litigation reform in Europe?: (IPKat),
• Spare part design
  protection: the European Parliament’s view: (IPKat),
  (Catch
  us if you can)

• Cyprus fails to delight Turkey –  Cyprus is to gain PGI
  recognition for Turkish delight: (IPKat),

• Mewsings on the word
  ‘technical’ (What does the EPO mean when it uses the word ‘technical’?): (IPKat),
• Amazon gift ordering
  patent revoked by the EPO: (OUT-LAW), (IP
  Law360)
• Legal protection for
  databases: case report on dispute between the British Horseracing Board
  and William Hill: (OUT-LAW),
• Court of First Instance
  rejects Enercon’s appeal to register a football-shaped wind turbine as a
  Community trade mark: (Mondaq.com),
• More on registrability of
  Tarzan’s yell as a trade mark at OHIM: (OUT-LAW), (more from OUT-LAW),
• Gateway Inc. cannot stop
  Fujitsu-Siemens’ registration of the words ACTIVY Media Gateway, the ECJ
  ruled: (OUT-LAW),
• European Patent
  Convention 2000 in force: (IPEG),
  (Patent
  Baristas), (IMPACT),
• Adoption of company name
  tantamount to use of mark in relation to goods and services: (Mondaq.com),
• Microsoft faces new antitrust
  challenge in Europe over its tying
  Internet Explorer to its dominant operating system, Windows: (OUT-LAW), (Ars
  Technica),
• How much effect has
  patenting on innovation?: (IPEG),
• More on the
  implementation of the London Agreement and patent cost reduction in Europe: (Patent
  Baristas),
• ECJ rules that EU
  legislative obligations cannot be enforced in any Member State if that legislation has not
  been published in the Official Journal in the language of that Member State
  (Case C-161/06  OlomoucSkoma-Lux sro v Celni reditelstvi Olumouc): (IPKat),
• EPO fighting complex
  applications by setting prohibitive claim fees: (BLOG@IP::JUR),
• EPO: two Administrative
  Council decisions will increase the cost of European applications: (IPKat),
  (CA/D 15/07 from EPO),
  (CA/D 16/07 EPO),
  (IAM),
• IBM could be the next big
  technology company to be scrutinized by the EC over the way it uses IP
  rights: (IAM)

Finland

• Employee
  inventions: main rule regarding inventions: (Mondaq.com)

France

• Profession of patent
  attorneys to be abolished?: (BLOG@IP::JUR)

India

• India trumpets her patent
  success: (IPKat),

• New push emerges for
  Indian patent database: (Intellectual
  Property Watch),
• Indian Supreme Court reiterates
  that creativity is required when claiming copyright: (Spicy
  IP),
• Amul agrees to stop using
  ‘American Dry Fruit’ trade mark: (Spicy
  IP),
• Basmati redux: the
  Pashmina story: (Spicy
  IP),
• Moral rights under
  Copyright Laws: A peepr into policy – 2 (Spicy
  IP)

Korea

• South
  Korea extends copyright term from 50 to 70
  years: (Michael Geist),
  (Against Monopoly)

Malaysia

• Music Authors Copyright Protection Bhd has
  called on 100 entertainment outlets to settle their outstanding royalty
  payments: (Mondaq.com),

• Malaysia has established an Intellectual
  Property Court: (Mondaq.com),

Netherlands

• Amendment to Netherlands Patent Act 1995:
  Abandonment of 6-years-patent and other changes: (BLOG@IP::JUR)

Thailand

• Thailand moves to amend Copyright Law to regulate royalties: (Intellectual Property
  Watch)

• Thailand looks to compulsory licences for cancer medicines: (Generic
  Pharmaceuticals & IP)

United Kingdom

• UK-IPO/EPO patentability
  rift widens: (IPKat),
• It’s official: buying
  fakes can damage your health (according to a UK government warning): (IPKat),
• Shaping policy; changing
  policy – the UK IPO establishment of the Strategic Advisory Board on IP
  Policy: (IPKat),
• Warring parties wave
  their weapons when IP licences come unstuck – the High Court’s decision in
  design and copyright infringement case Societa Esplosivi Industriali
  SpA v Ordinance Technologies (UK) Limited: (IPKat);
• Tech firms challenge
  software patent barrier in High Court: (OUT-LAW),
• Data protection law will
  be reviewed: (OUT-LAW),
• Developer keeps software
  rights as implied term argument fails in court (Meridian International
  Services Ltd v Ian Richardson & Ors): (OUT-LAW),
• World Cup Willie company
  loses case on own evidence – High Court rules goodwill in trade marks can
  last for 40 years even if the mark is rarely used in that time: (OUT-LAW),

United States

• Shaping policy; changing
  policy – US Dept of Justice rejects plans to strengthen its IP
  enforcement: (IPKat),
• Consumer groups urge
  Supreme Court not to make it illegal to sell second-hand patented goods: (OUT-LAW),
• Blogger warned to delete
  Avis logo: (OUT-LAW),
• Cover version was too
  close to the original, argues Guitar Hero lawsuit: (OUT-LAW),
• No licence required to
  run a fantasy league – in US or UK: (OUT-LAW), (IP
  Law Blog)
• Business should fund
  domain name police, says expert: (OUT-LAW),
• Simultaneous publication:
  (Patry
  Copyright Blog),
• Sampling without a
  licence results in damages – but how punitive should they be?: (Mondaq.com),
• Kinsella way off on
  patent reform (and continuing debate): (IPBiz),
  (more from IPBiz),
  (and more from IPBiz)
• Orbitz answers Global
  Patent Holdings’ JPEG-on-a-website complaint, explains why infringement is
  impossible: (Patent
  Troll Tracker),
• Statute of Limitations
  for actions between co-owners: (Patry
  Copyright Blog),
• USPTO Rules changes
  stopped by injunction: (Mondaq.com),
  (more from Mondaq.com)
• Statute of limitations
  for trade secrets misappropriation begins accruing on the date injury
  occurs: (Mondaq.com),
• A ‘reconstruction’ does
  not fulfill copyright application deposit requirement: (Mondaq.com),
• Paper: disregard for
  customers, DMCA led to Sony CD rootkit: (Ars
  Technica),
• The shifting scope of
  patentable subject matter: (IP
  Law360),
• Famous marks doctrine not
  recognized by a New York
  appellate court: (IP
  Law360),
• Arising under
  jurisdiction, copyright, and community property: (Patry
  Copyright Blog),
• Patent reform legislation
  stalled: (Mondaq.com),
• Guestbridge settles
  internet reservations patent suit against Online Reservations: (IP
  Law360),
• The global garrottig of
  the public domain: (Patry
  Copyright Blog),
• Congress considers Bill
  to make radio ‘pay to play’: (Ars
  Technica), (IP
  Law360),
• Recommended reading: Scot
  Duvall on the Trademark Dilution Revision Act of 2006: (TTABlog),
• Neil Netanel’s “Why has
  copyright expanded?’: (Patry),
• US Federal Court throws
  out lawsuit challenging Margaret Peterlin’s appointment as deputy director
  of the USPTO: (Intellectual
  Property Watch),
• Top ten patent trolls of
  2007: (Patent
  Troll Tracker),
• 9 th Circuit:
  No attorneys fees when plaintiff elects to recover statutory damages for
  trade mark counterfeiting: (ADR
  Blog),
• Should Yahoo! Be able to
  patent ‘smart drag and drop’? How you can help the US Patent Office reject
  a bogus patent claim: (LawGeek),
• Should copyright owners
  have to give notice about their use of technical protection measures? (LawGeek),
• Peer to Patent Project: (The Legal Thing),
• US approves
  Google/DoubleClick deal; EU still deciding: (Ars
  Technica),
• Crafty strategy needed
  for new IDS rules at USPTO?:  (IPBiz)
• Will Seattle become a favoured forum for
  patent litigation?: (Washington
  State Patent Law Blog),
• Five more suggestions for
  a better patent system: (PLI
  Patent Practice Center),
• Chinese IP Judge
  discusses implications of US Patent Reform Bill and two congressman heed
  warning: (Patent
  Docs),
• Comparison of defensive
  publication mechanisms: (IP
  Updates),
• When is an electronic
  document a printed publication for prior art purposes?: (Patently–O),
• Does size matter?
  Counting words in patent specifications: (Patently-O)
• Which top NYSE 100
  companies were sued the most in 2007 for patent infringement?: (Patent
  Troll Tracker),

 

• Summary judgment denied
  in 3M’s water filter patent suit against Brita, Sears
  Roebuck & Co: (IP
  Law360),
• Accenture sues Guidewire
  Software for patent infringement and misappropriation of trade
  secrets relating to insurance claims management software: (IP
  Law360), (Philip
  Brooks)
• Amazon.com has
  proposed changes to its controversial patent for shopping with a single
  mouse click that will narrow its monopoly to websites that also offer a
  shopping cart model: (OUT-LAW),
• Antor Media Corp.
  ordered to hand over data on prior suit in its patent infringement case
  against Sony Ericsson Mobile Communications Inc: (IP
  Law360),
• Apple Inc settles
  with ‘Think Secret’ blogger over alleged disclosure of trade secrets: (IP
  Law360), (Ars
  Technica)
• B3ta served DMCA
  notice for photoshop Prince challenge: (OUT-LAW),
• Cement-Lock v Gas Tech
  Institute: Court considers IP-elated alleged breach of fiduciary duty:
  (Chicago
  IP Litigation Blog),
• Biamp loses bid to
  toss trade secret claims: (IP
  Law360),
• Claim constructions
  adopted in catheter patent suit between Medtronic Inc and Boston
  Scientific Corp: (IP
  Law360),
• Broadcom gets over $9m in
  fees and interest in Qualcomm suit: (IPLaw360),
• A former employee of Control
  Systemation Inc. who is accusing the semiconductor testing company of
  stealing his trade secrets and unfairly patenting a device he created now
  faces claims that he has admitted to infringing the same patent through
  his lawsuit: (IP
  Law360),
• Dura allows auto
  rival’s IP counterclaims: (IP
  Law360),
• eBay scores
  victory in patent infringement case first brought by Netcraft Corp.
  alleging patent infringement related to Internet billing methods; (IP
  Law360),
• Informatica has
  received $1.7 million in prejudgment interest following its victory in its
  patent suit against Business Objects Data Integration: (IP
  Law360),
• Intergraph Hardware
  Technologies Corp has reached settlement with Toshiba Corp in its
  patent suit over devices for a high-speed microprocessor system: (IP
  Law360),
• Marvell fails to
  stay cases of CSIRO patent: (IP
  Law360),
• MercExchange v eBay:
  Injunction denied again: (Patently),
  (Patent
  Prospector)
• Nortel files
  counterclaims against Vonage in patent infringement case involving
  voice-over internet protocol technology: (IP
  Law360),

• Northeast University suing Google over core search technology: (OUT-LAW),

• Perfect 10
  v Amazon: 9 th Circuit Court reversed a district court
  preliminary injunction stopping Google from displaying thumbnail images of
  plaintiff’s copyrighted nude photographs because Google was likely to
  prevail on its fair use defense: (IP
  Law Observer),
• Law firm, Pillsbury
  Winthrop Shaw Pittman LLP, has been granted a patent for a business
  method used in its global sourcing practice: (IP
  Law360),
• Perfumebay,com v eBay:
  Is there really only room for one ‘bay’ on the internet?: (IP
  Law Blog),
• US International Trade
  Commission opening investigation into Qualcomm Inc. to determine
  whether the company is violating a ban on importing chips that allegedly
  infringe patents held by rival Broadcom Inc: (IP
  Law360),
• Red Hot Chilli Peppers
  could struggle in ‘Californication’ lawsuit: (OUT-LAW),
• RIM faces another
  patent suit over blackberry: (IPLaw360),
• Silicon Space
  Technology has been awarded $18 million its trade secrets dispute with
  LSI Logic Corp: (IP
  Law360),
• Sutura’s patent
  infringement suit against Abbot Laboratories regarding suturing technology
  has come to a close: (IP
  Law360),
• Tiffany v eBay: Is
  eBay responsible for trade mark infringements?: (IP
  Law Blog),
• TorrentSpy loses
  in copyright infringement case due to destruction of evidence: (IPKat),
  (Ars
  Technica)
• Toshiba, Matsushita,
  JVC, NEC, settle Microchip suit with Technology
  Properties Limited: (IP
  Law360), (Philip
  Brooks)
• Universal, XM
  settle suit over receiver’s ability to record: (Ars
  Technica), (IP
  Law360)
• Vizio dropped from
  Zenith’s HDTV patent suit: (IP
  Law360),
• Wi-LAN files
  patent infringement suit against Dell, Apple, Sony and Intel and others
  over Wi-Fi technology: (OUT-LAW),
• Wleklinski (dba
  Comfort Strapp) v Targus: Continued vitiation of the doctrine of
  equivalents: (Patently-O),
  (IP
  Updates), (Patent
  Prospector),
• Zila v Tinnell:
  Revisiting Brulotte and royalty agreements for patented inventions: (IP
  Law Blog),