IP Think Tank Global Week in Review – 20 June 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 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 Thinktank Global week in Review at the Subscribe page: http://thinkipstrategy.com/subscribe/


Highlights this week included:

Associated Press – AP files seven DMCA takedowns against Drudge Retort blog over users linking to its stories: (The Trademark Blog), (Techdirt), (Out-Law), (Electronic Frontier Foundation), (IPKat), (The Trademark Blog),

ECJ rules trade mark holders cannot stop honest comparative advertising: O2 Holdings Limited and O2 (UK) Limited v Hutchinson 3G UK Limited: (Techdirt), (Managing Intellectual Property), (Rouse & Co International)

Pfizer, Ranbaxy settle Lipitor patent litigation worldwide: (IP ThinkTank), (SmartBrief), (SmartBrief), (IPBiz), (IP Law360), (GenericsWeb),



Global – General

IP valuation – the basics!: (IP finance),

Technical assistance a key point of discussion at TRIPS Council: (Intellectual Property Watch),

WIPO turmoil as new DG’s future comes under threat: (IAM),

WIPO to host inter-regional forum to explore strategies to enhance development and service-orientation of IP offices: (WIPO),

Controversy over lack of transparency and overreaching enforcement provisions in ACTA: (Spicy IP), (Spicy IP)


Global – Trade Marks / Domain Names / Brands

World anti-counterfeiting day: (IPKat), (IPKat),

Free speech and trade mark rights collide in dispute over Allos domains: Pankajkumar Patel v Allos Therapeutics Inc: (IPKat),

Dispute between estate of CS Lewis and Scottish couple over narnia.mobi domain: (IPKat)


Global – Patents

Patent sharks (trolls?) – insightful or missing the point?: (IP ThinkTank),

Patent expiry dates – how hard can it be?: (IP ThinkTank),

Standing committee on the law of patents to reconvene after two year hiatus: (Intellectual Property Watch),

IP Menu News – PDF download of patent documents: (IP Menu News),

Changes to PCT filing fees: (Patent Docs),

The OOXML standard: a paper tiger?: (Spicy IP)


Global – Copyright

Audio books: is there a brave new world after DRM? –World Media Law Report article by M P McCabe and K Sirola: (IP finance),

Help put fair use and transparency on the OECD internet agenda!: (Electronic Frontier Foundation)



1 July: US PLI: ‘Prior art & obviousness 2008: The PTO and CAFC perspective on patent law sections 102 & 103’ – New York: (Patent Docs),

23 June: US LSI: ‘Multilateral patents’ – San Francisco: (Patent Docs),

23 June: STEP / Committee on National Statistics conference on ‘Intangible assets: measuring and enhancing their contribution to corporate value and economic growth’ – Washington:  (IP finance), (IPKat),

24 June: ACID licensing seminar – London: (IPKat),

24 June: Creative commons salon – Brisbane: (creativecommons.org),

25-26 June: IP Business Congress – Amsterdam: (IP Business Congress 2008), (IAM),

26-27 June: C5 conference on pharma patent lifecycles – London: (Orange Book Blog),

26-27 June: Hellenic Copyright Organization/USPTO International conference on copyright policies and the role of stakeholders – Athens: (IPKat),

30 June: IPI guest lecture by Jon Dudas, head of the USPTO – London: (IPKat),

30 June – 1 July: International conference on public domain in the digital age – Louvain-la-Neuve: (IPR-Helpdesk), (creativecommons.org),

30 June – 4 July: EU: Seminar on IP and entrepreneurship competitiveness – Santander: (IPR-Helpdesk),

1-2 July – C5 conference on intellectual asset management for high-tech industries – Paris: (c5-online.com),

2 July, 30 October: IBC Informa conference on ‘intangible assets: maximising shareholder value’- London: (IPKat),

3 July – C5 master class on maximising efficiency of your patent mining operations – Paris: (c5-online.com),

3, 4 July: Management Forum ‘Intellectual Property Conference 2008’ – London: (IPKat),

4 July: Proton Europe workshop on ‘valorisation of IP’ – Brussels: (IPR-Helpdesk),

7 July: PLI briefing webcast ‘Life after Quanta v LGE: What every patent lawyer needs to know’: (PLI),

7-15 July/16-18 July: 2nd Transatlantic IP summer academy, modules one and two – Alicante/Milan: (IPKat),

11 July: CIPA moot to improve participants’ understanding of procedures of EPO Technical Boards of Appeal – London: (IPKat),

16 July: US LSI: Patent claim construction workshop – Seattle: (Patent Docs),

21-23 July: EU ATRIP meeting on future of European patent system – Munich: (IPR-Helpdesk),

24-25 July / 11-12 August: US PLI: ‘Advanced patent prosecution workshop 2008: Claim drafting & amendment writing’: New York / San Francisco: (Patent Docs),

30-31 July: IACCM ‘ask the expert’ call; Duncan Bucknell leading discussion on IP strategy: (IP ThinkTank),

11-12 September: US LSI: 4th annual conference on ‘Current issues in complex IP licensing’ – Philadelphia: (Patent Docs),

11 September/15 October: PLI seminar on developments in pharmaceutical and biotech patent law – New York/San Francisco: (Patent Docs),

15-16 September: UniForum & SAIIPL domain name ADR workshop – Centurion (South Africa): (Afro-IP),

15-16 September: US ACI 10th advanced forum on biotech patents – Boston: (Generic Pharmaceuticals & IP), (Patent Docs),

16-19 September: 22nd MARQUES annual conference – Noordwijk: (IPKat),

22-23 September: US: ACI FDA boot camp conference – Boston: (Patent Docs),

22-23 September: ACI USPTO boot camp: patent edition conference – Alexandria: (Patent Docs),

22-23 September / 6-7 October / 23-24 October / 10-11 November / 17-18 November – PLI patent litigation 2008 seminar – San Francisco / McLean / Chicago / Atlanta / New York: (Patent Docs),

23 September: CLT 3rd annual IP law and the fashion industry conference – London: (IPKat),

24 September: 2008 INTA/WIPO international forum on trade marks and industrial designs – Brussels: (IPKat),

1-3 October: University of Helsinki ‘One right system for IP – vision impossible’ – Finland: (IPKat),

15-16 October: ACI 9th annual maximising pharmaceutical patent life cycles – New York: (Patent Baristas),

23-28 October: EPO patent information conference – Stockholm: (EPO),

26 November: CLT conference on copying without infringing – London: (IPKat)


Pharma & Biotech

Pharma & Biotech – General

Will risk aversion stymie R&D into new drug development? – Marks & Clerk Biotechnology Report 2008: (IP finance),

Pfizer and Daiichi-Sankyo’s bidding for Ranbaxy: (IP ThinkTank), (IAM), (Managing Intellectual Property), (GenericsWeb),

Cutting Edge Information study reveals 53% of pharma patents approach expiration before litigation strategies are implemented: (Peter Zura’s 271 Patent Blog),

Quanta and agricultural biotechnology: (Holman’s Biotech IP Blog),

Breakthough by WHO will give poor countries better access to drugs: (Afro-IP),

Argentina: Patentability of second medical uses: (International Law Office),

Brazil: Supreme Court ruling on embryonic stem cell research and its impact on patent filing practice: (IP tango),

Canada: Canadians getting fleeced on generic drugs according to Fraser Institute report: (GenericsWeb),

Egypt: First Egyptian approval of genetically modified corn raises questions: (Intellectual Property Watch),

Europe: European Generic Medicines Association publishes report on patent system and generic drugs: (IPR-Helpdesk),

Europe: EPO hearing on stem cells next week: T 1374/04 patent application by Wisconsin Alumni Research Foundation: (IPKat),

Germany: Oberlandesgericht Düsseldorf: a bitter row with Federal Patents Court over patent validity? – Comments on IPEG post on Zyprexa patent case: (BLOG@IP::JUR)

India takes open source approach to drug discovery: (Patent Lens),

India: Is the Indian Drug Controller participating in the ACTA negotiations?: (Spicy IP),

Latin America: Merck Serono signs distribution agreement with Bristol-Myers Squibb for portfolio of established pharmaceutical brands in Latin America: (IP tango),

US: Biotech industry growth to slow due to funding pressures and competition from biosimilars: (Managing Intellectual Property),

US: House Commerce Committee posts responses to its questions on biogenerics; not surprisingly, the views run the gamut: (FDA Law Blog),

US: Biosimilar debate heats up at BIO: (Managing Intellectual Property),

US: Briefs for In re Kubin filed by Amgen and BIO: (Patent Docs),

US: Steve Burrill’s State of the Biotechnology Industry Report 2008 at BIO2008: (Patent Docs),

US: Reports on BIO2008: (Patent Baristas), (Patent Baristas),

US: FDA regulatory filings and IP: (Securing Innovation),

US: FDA generic drug reviews routinely delayed according to Department of Health and Human Services study: (IP Law360),

US: Attempt to concede priority and appeal from BPAI backfires: Human Genome v Immunex: (Patent Appeal Tracer),

US: District Court rules University of Pittsburgh owns stem cell patent dealing blow to University of California: (IP Law360)


Pharma & Biotech – Products

Abraxane (Paclitaxel) – US: Elan wins $55M from Abraxis in Abraxane patent suit: (IP Law360),

Actonel (Risedronate sodium) – US: Teva appeals judgment finding Procter & Gamble’s Actonel patent valid and infringed: (Patent Appeal Tracer),

Benicar (Omesartan) – India: Daiichi granted two patents for Benicar and Benicar HCT or Olmitec: (GenericsWeb),

Copaxone (Glatiramer acetate) – Mylan Laboratories announce agreement with Natco Pharma to distribute generic version of Teva’s Copaxone; Teva share price falls: (The IP Factor),

Coreg (Carvedilol) – US: Mutual Pharma appeals judgment finding Mutual’s ANDA Paragraph IV Notice to GSK was premature and did not trigger 45-day period to file lawsuit under 21 USC § 355: (Patent Appeal Tracer),

Cydectin (Moxidectin) – US: Wyeth sues FDA and PTO over regulatory review period determination for Cydectin patent term extension: (FDA Law Blog),

Lipitor (Atorvastatin) – Global: Pfizer, Ranbaxy settle Lipitor patent litigation worldwide: (IP ThinkTank), (SmartBrief), (SmartBrief), (IPBiz), (IP Law360), (GenericsWeb),

MAXY-G34 (Next-generation G-CSF) – US: Amgen may file patent infringement suit against Maxygen when it starts seeking approval for MAXY-G34: (IP Law360),

Norvasc (Amlodipine) – US: CAFC upholds inequitable conduct ruling against Synthon in Norvasc patent case against Pfizer: (IP Law360),

Prilosec (Omeprazole) – US: CAFC rules Mylan’s generic version of Prilosec does not infringe AstraZeneca’s patents: (Managing Intellectual Property),

Protonix (Pantoprazole) – US: Wyeth and Nycomed file patent lawsuit to stop Teva from marketing generic Protonix: (IP Law360),

Razadyne (Galantamine) – US: Janssen files patent suit against Sandoz over Galantamine ANDA: (IP Law360),

Thalomid (Thalidomide) – US: Celgene loses bid to stay Barr’s antitrust cross-claims in Thalomid patent suit: (IP Law360),

Uroxatral (Alfuzosin) – US: Sanofi asserts second Uroxatral patent against Sun Pharmaceuticals Industries: (IP Law360),

Xyzal (Levocetrizine) – US: Sepracor and UCB sue Sandoz  over Xyzal: (IP Law360)



Prospects for African signatures on EPAs diminish: (Afro-IP),

Masters Degree in IP jointly offered by WIPO Academy, ARIPO and Africa University: (WIPO),

OAPI (African Intellectual Property Organisation) signs up for Geneva Act of Hague Agreement Concerning International Registration of Industrial Designs: (Afro-IP), (WIPO),

Ghana: African Cup of Nations organising committee reminder that commercial use of photos of the tournament is forbidden: (Afro-IP),

Kenya: 2008 Budget: 300 million fund to promote science, technology and innovation: (IP Kenya),

Nigeria: Nigerian Road Safety Commission accuses Lagos state government of criminal software infringement: (Afro-IP),

South Africa: More on traditional knowledge – IP Amendment Bill: (Afro-IP)



INPI in Argentina shifts stance on trade mark coexistence agreements: (IP tango)



EE Times Asia on rise of Asia’s patent applications: (Philip Brooks)



IP included in Chile-Australia Free Trade Agreement: (IP tango),

Facebook wins dispute over Australian domain name: Facebook, Inc v Callverse Pty Ltd: (Australian Trade Marks Law Blog),

IP Australia: improvement to Australian patent system: (IPRoo),

IP Australia: proposal for affordable validity and infringement advice: (IPRoo),

Plant Breeder’s Rights: improving the current system: (IPRoo)



Brazil plans to plunder US patents if cotton subsidy is held unlawful: (IP tango), (IP finance), (IAM),

Brazil opens up com.br domains to ordinary folk: (IP tango)



US Consul-General claims Canadian copyright weakest in G-8: (Michael Geist),

Prentice responds to copyright column: (Michael Geist),

Prentice commits to private copying consultation: (Michael Geist),

Michael Geist on Canadian DMCA: (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist),

A week in the life of the Canadian DMCA – hypothetical case study illustrating how DMCA could affect average family: (Part 1 – Michael Geist), (Part 2 – Michael Geist), (Part 3 – Michael Geist), (Part 4 – Michael Geist),

Songwriters Association of Canada disappointed that Bill C-61 closes door on monetising P2P: (Michael Geist),

Education and Library Groups speak out against Bill C-61: (Michael Geist),

Ministers Angus and Prentice face off during question period: (Michael Geist),

CBC Search Engine – interview with Jim Prentice regarding Bill C-61 (podcast): (Michael Geist),

Public protest against Canadian DMCA: (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist),

Press reporting, analysis and opinion on DMCA: (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist),

New .ca whois policy now in place – with a twist: (Canadian Trademark Blog),

Best Canadian Brands 2008 report: (ipblog.ca)



Reports of SIPO antitrust investigation into Microsoft; Microsoft and SIPO deny reports: (Ars Technica), (Managing Intellectual Property), (IPKat), (Ars Technica), (China Law Blog), (John Carroll),

China State Council promulgates ‘Compendium of China National Intellectual Property Strategy’: (IPR-Helpdesk), (Managing Intellectual Property),

Free Chinese patent machine translation service: (IP Updates),

More China patent statistics from Evalueserve: (Philip Brooks), (Peter Zura’s 271 Patent Blog)



Danish Court pro pirate??: (Innovationpartners)


El Salvador

ACC in El Salvador releases survey results on public perception of counterfeiting and piracy: (IP tango)



More mutual recognition talk as patent harmonisation efforts intensify: (IAM),

EPO pendency continues to grow: (Peter Zura’s 271 Patent Blog), (IPKat),

Wines are different, CFI tells Coke: The Coca-Cola Company v OHIM, San Polo Srl: (Class 46),

New stirrings on EU patent front in name of small business: (Intellectual Property Watch),

Levy, first-sale price or DRM? What the MBG wants – Frank Jennings’ World Media Law Report article: (IP finance),

Opposition to Boomerang TV figurative CTM fails before CFI in El Corte Inglés, SA v OHIM, José Matías Abril Sánchez: (Class 46), (Catch Us If You Can!!!), (IPKat),

SOFT BLUE appeal before CFI fails: Novartis v OHIM: (Class 46),

ECJ rules trade mark holders cannot stop honest comparative advertising: O2 Holdings Limited and O2 (UK) Limited v Hutchinson 3G UK Limited: (Techdirt), (Managing Intellectual Property), (Rouse & Co International)



eBay defends anti-counterfeiting actions: (Managing Intellectual Property)



Appeals Court in Koblenz rules brothel cannot adopt same name ‘Club Pearls’ as existing competitor: (Class 46)



Hungarian Patent Office’s annual report for 2007 available for download: (Class 46)



Iceland designations – new fees from 19 July 2008: (Class 46), (Catch Us If You Can!!!)



Supreme Court judgment in trade mark case Khoday Distilleries Limited v The Scotch Whisky Association: (International Law Office)



Iran’s new law on IP protection moves it onto international stage: (Intellectual Property Watch)



Irish Music Rights Organisation suing POD concerts for €432,741 in alleged outstanding royalties relating to music festivals: (IPKat)



Free Japanese patent machine translation service: (IP Updates)



Korea using copyright law to crack down on protests it doesn’t like?: (Techdirt)



More time to file trade mark revalidations: (Class 46)



EU flag gets Art 6 protection in Lithuania in EC opposition to EURO-FARMERS figurative mark application by Juustutoeoestus OUE: (Class 46)


New Zealand

New Zealand to be ‘consulted’ on ACTA (Industry Standard): (IP Justice),

IP provisions in NewZealand-China Free Trade Agreement: (International Law Office)



Paraguay fakes in the spotlight: (IP tango)



District Administration Court in Warsaw holds that PRYMUS sign may lead to consumer confusion over origin and previous conclusions on Nice Classification are correct: (Class 46),

Polish PDO problems – counterfeits of OSCYPEK cheese: (Class 46),

No similarity, no detriment: Polish Patent Office issues decision granting trade mark right for MILEA figurative word mark: (Class 46)



Musician uses blank media ‘pirate ta&xrsquo; to fund new ‘pirate’ album: (Techdirt)


United Kingdom

British Music Rights sponsored survey finds young people happy to pay for music on their terms: (Ars Technica),

TV psychiatrist Dr Raj Persaud admits plagiarism before General Medical Council hearing: (IPKat),

IPKat member in search of AdWord Keyword help: (IPKat),

ACID helps Robert Welch reach settlement with Marks & Spencer in lookalike packaging dispute: (IPKat),

From when must a threat be compensated?: LB Europe Ltd (t/a DuPont Liquid Packaging Systems) & Anor v Smurfit Bag In A Box SA & Anor: (IPKat),

Are mod chips legal now?: (IPKat),

Court finds patent valid and infringed in Alan Nuttall Ltd v Fri-Jado UK Ltd & Anor: (IPKat),

Summary judgment of trade mark infringement and passing off granted in Alm Manufacturing & Ors v ALM Imp EXP Ltd: (IPKat),

Virgin-BPI alliance against file-sharers seen as not synced with UK policy: (Intellectual Property Watch),

Virgin sends file-sharing warnings to customers: (IPKat), (Out-Law),

Federation of Small Business weighs in on music in the workplace: (BriefBlog),

Performing Rights Society accuses Lancashire police of copyright infringement by playing music in police stations and to callers on hold without appropriate licence: (Ars Technica)


United States

US General

Stephen Colbert on the perils of IP over-enforcement: (43(B)log)


US Patent Reform

Whealan speaks out on patent rules and reform: (Managing Intellectual Property),

Obama on the USPTO: Reading from the CPF playbook?: (Peter Zura’s 271 Patent Blog), (Patent Prospector),

One forward, two back – patent system unravelling as USPTO clings to telework thread for reducing pendency: (Patent Prospector),

Director Dudas answers Senator Berman’s questions: (Patent Docs), (Patent Prospector), (Patent Docs),

Privatising and fixing the USPTO: (PLI),

PTO is watching and reading PLI blog: (PLI),

Translogic v Dudas – Intervenor argues FC judges are correctly appointed rendering moot the question of whether Board judges were properly appointed: (Hal Wegner),


US Patents

How the GPL defangs patent trolls: (Techdirt),

Patent auctions invite new opportunities, risks: (IP Law360),

Review says peer-to-patent first year a success: (IP Law360),

USPTO: PCT fees going up: (Peter Zura’s 271 Patent Blog), (IP Law360), (Patent Docs),

EEF report ‘Patents and the public domain: improving patent quality upon reexamination’: (Securing Innovation),

Josh Lerner on who’s jumping into patent pools: (Securing Innovation),

LinuxWorld opines on Red Hat settlement: (IPBiz),

US clean-tech patents on the slide: (IAM),

USPTO implements new rules on patent appeals: (Managing Intellectual Property), (Intellectual Property Watch),

Rambus general counsel J Danforth says FTC patent reform is needed: (Peter Zura’s 271 Patent Blog),

Patent Office can’t do it all alone: public participation is key to ensuring patent quality: (Electronic Frontier Foundation),

USPTO critics must provide hard evidence of the sharp practices they write about: (IAM),

The snake – criticism of USPTO reaching comical proportions: (Patent Prospector),

Lewis & Clark Law School forum on obviousness and KSR: (Patent Prospector), (Patent Prospector)


US Copyright

US internet radio royalties hit further obstacles: (IP finance),

A first sale question: (Patry Copyright Blog),

Perhaps ‘Happy Birthday to You’ is in the public domain: (The Trademark Blog),

KISS member Gene Simmons blames fans, P2P for killing music industry: (Ars Technica),

The 21st Century version of copyright notice: (Copyfight),

James Grimmelmann’s essay on copyright in, and access to, law: (The Fire of Genius),

Post-registration statutory damages awards: (Patry Copyright Blog),

Josh Wattles’ guest blog on compulsory licensing: (Patry Copyright Blog),

University of Washington have released report ‘Tracking the Trackers’ on current copyright enforcement strategy regarding P2P networks: (Copyfight),

Discussion of Cato Institute’s online debate over future of copyright: (Techdirt), (Techdirt),

Orphan works and the adoption process: (Counterfeit Chic),

Orphan works: Problems with ‘notice of use archive’: (Public Knowledge),

Yes, DMCA safe harbours apply to websites: (Techdirt),

New article: User-generated discontent: (43(B)log)


US Trademarks

USPTO changes trade mark grace period practice: (Daily Dose of IP),

USPTO proposes trade mark rule changes, comments due 11 August 2008: (IP Updates)


US – Companies / Entities

ADC Telecommunications – Deciding infringement during claim construction: ADC Telecommunications v Switchcraft (nonprecedential): (Patently-O), (IP Law360),

Advanced Cardiac Solutions – CAFC reverses after lower court denies patentee opportunity to present new infringement argument on remand: (Patently-O), (IP Law360),

Apple – Klausner Technology settles patent lawsuits against Apple and AT&T over iPhone’s visual voicemail feature: (Ars Technica), (Techdirt), (IP Law360),

Apple – Clear With Computers (formerly Orion IP) sues Apple and Hewlett-Packard over online sales patents: (IP Law360),

Asics – Asics sues Steve Madden for allegedly selling shoes that infringe on Asics’ trade mark and violate previous agreements: (IP Law360), (The Trademark Blog),

Associated Press – AP files seven DMCA takedowns against Drudge Retort blog over users linking to its stories: (The Trademark Blog), (Techdirt), (Out-Law), (Electronic Frontier Foundation), (IPKat), (The Trademark Blog),

Baychar – CAFC vacates validity holding based on agreement by parties: Baychar v Salomon North America: (Patently-O),

Boston Duck Tours – CAFC decides sightseeing vehicles that travel on land and water can legally be called ‘duck tours’ and no company can claim trade mark rights in the phrase in battle between Boston Duck Tours and Super Duck Tours: (IP Law360),

Broadcom – Broadcom found not to infringe SiRF patents in ITC ruling: (Philip Brooks),

Burnett, Burnett & Allen – Seyfarth Shaw and Burnett, Burnett & Allen’s counterclaims dismissed in lawsuit accusing the law firms of malpractice in prosecution of patent infringement action: (IP Law360),

Dell – Convolve files patent suit against Dell, Western Digital Corp, Hitachi and Hitachi Global Storage Technologies over machine vibration control technology: (IP Law360),

Dial Corp – Dial sues SC Johnson & Son over air freshener patent: (IP Law360),

Digisound – No nationwide service for Lanham Act: Digisound-WIE v BeStar Techs: (Chicago IP Litigation Blog),

Discovery – Discovery agrees to pay $2.5M to settle defamation counterclaims airing from trade secret and contract case it launched against RIA Database: (IP Law360),

eSpeed – No attorney’s fees in patent infringement case Trading Technologies v eSpeed: (Chicago IP Litigation Blog),

Gibbs Group – Irwin Industrial Tool Co files suit against Gibbs Group claiming infringement of two utility knife patents: (IP Law360),

Grantley – Postverdict rulings in patent case Grantley v Clear Channel – 25% damages enhancement but no fees; judgment entered: (EDTexweblog.com),

Hearst Corp – Hearst, publisher of ‘Cosmopolitan’ women’s magazine, files trade mark infringement lawsuit against developers of Las Vegas resort and casino using the same name: (The IP Factor),

Hewlett-Packard – StreamServe sues Exstream Software and HP alleging infringement of data stream patent: (IP Law360),

Innovation Technologies – District Court must provide underlying reasoning for ‘exceptional case’ determination: Innovation Technologies v Splash! Medical Devices: (Patently-O), (Patent Prospector), (IP Law360),

Intel – Fast Memory Erase sues Intel, Nokia, STMicroelectronics, Sony Ericsson, Spansion, Numonyx and Motorola for wilful infringement of two patents covering flash memory chips: (IP Law360),

Lorillard Technology Co – Opinions beyond expert’s expertise struck in counterfeit cigarettes case Lorillard Tobacco Co v Elston Self Service Wholesale Groceries, Inc: (Chicago IP Litigation Blog),

Merit Industries – Merit wins $1.6M award from JVL Corp in patent suit: (IP Law360),

Microsoft – Department of Justice says room for improvement on Microsoft antitrust compliance: (Ars Technica),

Monsanto – North Carolina Farmers’ Assistance Fund sues Monsanto for false patent marking: (IP Law360),

Motorola – Memorylink Corp files suit against Motorola claiming it attempted to steal wireless video technology: (IP Law360),

Motorola – Motorola may face more sanctions in $10Bn case against SPS Technologies over whether Motorola stole idea for a satellite vehicle-tracking device: (IP Law360),

Nilssen – CAFC affirms exceptional case attorney fees based on multiplicity of minor acts of misconduct: Nilssen v Osram Sylvania: (Patently-O), (Patent Prospector), (IP Law360), (Hal Wegner),

Nilssen – Magnatek, Nilssen settle patent spat for $19M: (IP Law360),

Nintendo – Nintendo sues Nyko for trade mark and patent infringement relating to videogame controls: (IP Law360), (Patent Prospector),

Norgren – Norgren appeals ITC’s ruling that SMC Corporation did not infringe its patent for connecting devices used in modular compressed air conditioning units: (Patent Appeal Tracer),

Nuance – Nuance sues Vlingo for alleged infringement of voice recognition patent: (IP Law360),

Paramount – ‘Godfather’ author’s son sues Paramount over game: (IP Law360),

Poof Apparel – Statutory damages not available for series of infringements where work was registered after first infringement: Derek Andrew, Inc v Poof Apparel Corp: (IP Law Observer),

Pressure Products Medical Supplies – Jury finds infringement of all asserted claims but no wilful infringement, assesses damages at $1.1M: Pressure Products Medical Supplies v Quan Emerteq Corp: (EDTexweblog.com), (IP Law360),

Quanta – Supreme Court reverses CAFC decision in Quanta v LG Electronics; method patents exhaustible: (IP Law Observer), (IP Spotlight), (Philip Brooks), (IP Law360),

Red Cross – Johnson & Johnson and American Red Cross settle trade mark dispute over red cross sign: (The IP Factor), (Canadian Trademark Blog),

RIAA – RIAA drops Warner v Cassin, replaces it with Warner v Does 1-4 assigned to different judge: (Techdirt), (Ars Technica),

RIAA – RIAA unexpectedly drops file-sharing case UMG v Lindor: (Ars Technica),

RIAA – Copyright professors tell Thomas judge ‘making available’ isn’t distribution: (Ars Technica),

RIAA – Will RIAA sue Judge Kozinski for sharing MP3?: (Techdirt),

Ronald A Katz Technology Licensing – Premiere Global Service and Ronald A Katz settle patent litigation over interactive voice applications: (IP Law360),

Samsung – Samsung sues Polaroid Corp and Westinghouse Digital Electronics claiming their digital television products infringe four of its patents: (IP Law360),

Scanner Technologies Corp – Inequitable conduct based on petition to make special: Scanner Technologies Corp v ICOS Vision Systems: (Patently-O), (Hal Wegner),

Smith & Nephew – Facing $14.7M judgment, Arthrex sued again by Smith & Nephew over same patent for suture anchors: (IP Law360),

Stanford University – CAFC finds patent case brought by Stanford Uni and delayed for four years should not have been dismissed for failure to prosecute: (IP Law360),

Symbol Technologies – Symbol files suit over Janam Technologies hand-held computers: (IP Law360),

Timex – Monster Cable sues Timex for infringement of patented package design: (Patent Prospector),

TIP Systems – CAFC affirms lower court’s finding of no patent infringement: TIP Systems v Phillips & Brooks: (Patently-O), (Patent Prospector), (IP Law360),

Toyota – No copyright in digital models of cars: Meshwerks v Toyota: (IPKat), (The Trademark Blog), (Patry Copyright Blog), (IP Law360),

Trill Entertainment – Section 411(a) revisited Trill Entertainment v B C D Music Group: (Patry Copyright Blog),

Universal Music Group – UMG to appeal ruling on sale of promo CDs: (IP Law360),

Varian Medical Systems – University of Pittsburgh files suit against Varian in California over radiation treatment patents on same day it lost right to pursue similar case in Pennsylvania: (IP Law360),

VTran Media Technologies – Vtran’s 10 lawsuits over two video-on-demand patents against 22 cable industry defendants including Time Warner, Comcast and Verizon have been consolidated into single multidistrict litigation: (IP Law360),

Wal-Mart – Patentee RFID appeals from summary judgment of noninfringement based on Judge Davis’ order on claim construction: (Patent Appeal Tracer),

Warner – Warner tells Kid Rock to denounce file sharing; he denounces Warner instead: (Techdirt),

Whirlpool – ITC dismisses part of patent case between LG Electronics and Whirlpool, ruling two of Whirlpools patents for refrigerator technology are invalid: (IP Law360)

YouTube – Prince demands removal of song from YouTube, Radiohead demands it is put back online; lawyers confused about what’s legal or not: (Techdirt), (Technology & Marketing Law Blog)



Uruguay commits to WIPO Performances and Phonograms Treaty in late August: (IP tango)



Guidance issues in relation to civil IP infringement proceedings: (Rouse & Co International)



%d bloggers like this: