General Global Week in Review 8 June 09 from IP Think Tank

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.

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Highlights this week included:

GSK, Tafas file petitions for rehearing in Tafas v Doll (Patent Docs) (Patent Docs) (Peter Zura’s 271 Patent Blog) (Patently-O) (Inventive Step) (IP Watchdog)

Supreme Court grants certiorari for Bilski (Peter Zura’s 271 Patent Blog) (Patently-O) (The Prior Art) (IP Watchdog) (Inventive Step) (Chicago Intellectual Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) (IAM) (Intellectual Property Watch) (Technology Transfer Tactics) (The IP Factor) (Patent Baristas) (ISinIP) (Managing Intellectual Property)

Conference Board of Canada ‘cut and paste’ caper; CBC recalls three reports (Michael Geist) (Michael Geist) (Excess Copyright) (Michael Geist) (Michael Geist) (Michael Geist) (Ars Technica) (Copyfight)

J D Salinger sues over unauthorised sequel to ‘Catcher in the Rye’ (Excess Copyright) (1709 Copyright Blog) (The IP Factor) (IPKat)

 
Global
Global – General

An IP manifesto to remember – the role of the CIPO (IP Think Tank)

Africa insights and INTA highlights IP Think Tank podcast 1 June 2009 (IP Think Tank)

Intellectual Property M&A opportunities (IP Think Tank)

Communicating IP to the world (IP Think Tank)

The world’s leading IP strategists revealed (IAM) (Tangible IP)

WIPO launches Japanese-funded program for Africa and LDCs (WIPO) (Afro-IP)

WIPO names first ever Chief Economist (Intellectual Property Watch)

CVs of WIPO leadership nominees now available (Intellectual Property Watch)

Online legal documents offer dozens of templates for licensing language (Technology Transfer Tactics)

 
Global – Trade Marks / Brands

Madrid system users unite! You have nothing to lose but your delays… (IPKat)

Lessons from brand history – evolution of the Kellogg’s corn flakes packet (Class 46)

 
Global – Patents

Where in the world… ? Second Taylor Wessing Global IP Index reviews 24 places to litigate patents (PatLit)

Discussion of ‘IFI Patent Intelligence Analysis of 2008’s Top US-Patent Recipients Suggests America May be Losing Dominance: Companies Outside the U.S. Tip Scales to 51 Percent Share of New Patents’ (IP finance)

 
Global – Copyright

Copyright treaty backing e-books for visually impaired readers survives US and EU resistance (Out-Law) (WIPO) (IPKat)

 
Brazil

Brazilian Patent and Trademark Office new fee schedule (IP tango)

 
Canada

Canadian Trademarks Opposition Board finds colour green not distinctive of applicant: 3M Company v Tape Specialities Limited (ipblog.ca)

Conference Board of Canada ‘cut and paste’ caper; CBC recalls three reports (Michael Geist) (Michael Geist) (Excess Copyright) (Michael Geist) (Michael Geist) (Michael Geist) (Ars Technica) (Copyfight)

Billboard reports Canadian copyright consultation this summer (Michael Geist)

Department of Foreign Affairs posts ACTA consultation responses (Michael Geist)

Patent protection and financial institutions – Patent trends in banking industries Canada, US (IP Frontline)

 
China

Nantong Intermediate People’s Court: L’OIYIR must stop using L’Oreal’s Chinese name and claiming its part of L’Oreal (IP Dragon) (S&F)

ABA comments on the new draft Chinese antimonopoly and antitrust regulations (China Blawg)

Working Group must protect against flood of Chinese IPR infringements of Japanese products (IP Dragon)

China’s top court offers warning over injunctions (Managing Intellectual Property)

 
Estonia

Estonian courts can invalidate opponent’s mark even in the absence of a request (Class 46)

 
Europe

ECJ Advocate General recommends OHIM appeal be granted in maple leaf CTM dispute on the basis that Art 6ter Paris Convention should apply to goods and Community Regulation 40/94 should apply to services (Canadian Trademark Blog)

Greek Supreme Court seeks further clarification from the ECJ on whether installation of TV sets in hotel rooms constitutes ‘communication to the public’ (1709 Copyright Blog)

Member States agree to ask ECJ to rule on whether ‘draft plans to cut the cost of defending patents in a new system of courts would be compatible with EU law’ (PatLit)

CFI to hear appeal filed by DELTA against OHIM decision upholding Kraft Foods opposition to ‘MILKO ΔΕΛΤΑ & device’ (Class 46)

OHIM Cancellation Division: DER ROTE BARON not use of RED BARON mark: Sierra Entertainment Inc v Davilex Games BV (Class 46)

If you’re happy and you know it… – OHIM communication re staff satisfaction survey (IPKat)

Amendments to OHIMs Manual of Trade Mark Practice (Class 46)

 
Finland

Cake fight cease fire? (Class 46)

 
India

Chennai IP Appellate Board: Well-known trademarks – consumer recollection is key: Societe des Produits Nestle SA v Jai ram (International Law Office)

Bombay High Court rules on the infringement of copyright in drawings: Indiana Gratings Private Limited & Anr v Anand Udyog Fabricators Private Limited & Ors (Spicy IP)

Is ‘science’ essential for creating patent lawyers: some ‘general’ thoughts (Spicy IP)

 
Israel

Israel Patent Office clarifies grounds for 3D marks (The IP Factor)

AIPI general meeting – 5 July 2009, but who can vote? (The IP Factor)

AIPI endorses Israel Commissioner of Patents for further term of office (The IP Factor)

Israel Patent Office rules judicial estoppels to prevent post decision amendment (The IP Factor)

 
Nigeria

Nigerian Copyright Commission to stay under Ministry of Justice (Afro-IP)

 
Serbia

Serbia IPO invalidates BULLDOG ENERGY DRINK recognising RED BULL as famous mark (The IP Factor)

 
South Africa

Advertising Standards Authority denies iBurst protection for colour orange (Afro-IP)

Proposed rules on public research in South Africa stir debate (Intellectual Property Watch)

Content industry marches over dispute with SABC (IP finance)

 
Switzerland

Supreme Court: Swiss town of Calvi isn’t Yukon, extension of protection for ‘Calvi’ to Switzerland refused (Class 46)

 
Uganda

Commercial Court orders Uganda Revenue Authority to detain consignments of ‘Collage Herbal Toothpaste’ until trade mark infringement case brought by Colgate-Palmolive is heard (Afro-IP)

 
United Arab Emirates

Court of First Instance: Judgment issued against trafficker of counterfeit cigarettes (civil action attached to criminal charges) (International Law Office)

 
United Kingdom

Featured Artists’ Coalition objects to political song use (IPKat) (1709 Copyright Blog)

US moves to leave ‘axis of evil’ poses Phonographic Performance Ltd a problem (1709 Copyright Blog)

Copyright dispute over Procol Harum’s ‘A Whiter Shade of Pale’ appealed to the House of Lords (IPKat)

Trade marks as assets of a liquidation (IP finance)

 
United States
US General

Waiting on the naming of USPTO Director (Peter Zura’s 271 Patent Blog) (Patently-O) (Inventive Step)

David Kappos in line for USPTO Director job, apparently (IAM)

USPTO launches online interface for practitioner changes of address (Patent Docs)

 
US Patent Reform

Former House Economist sets sights on inequitable conduct ‘reform’ (Patent Docs)

A response to Mr Brill, and a modest proposal regarding inequitable conduct (Patent Docs)

 
US Patents

Getting to allowance – seven habits of highly effective clients (Patents4Life)

Endangered species: the Jepson claim (12:01 Tuesday)

Assertion of military and state secrets privilege by government in patent cases on the rise (Maryland Intellectual Property Law Blog)

Appealing BPAI rejections (Part 1 – Patently-O)

Chief Justice Roberts’ recent comment on the Federal Circuit (The Prior Art)

William and Mary Law Review publishes study by Prof D L Schwartz comparing claim construction decisions rendered by the District Courts and the ITC (ITC 337 Law Blog)

Consider these recent court decisions when drafting patent licenses: Corebrace v Star Seismic; Ronald A Katz Technology Licensing v Earthlink (IP Spotlight)

Patent ignorance shows regarding inequitable conduct (IP Watchdog)

 
US Patents – Decisions

Supreme Court grants certiorari for Bilski (Peter Zura’s 271 Patent Blog) (Patently-O) (The Prior Art) (IP Watchdog) (Inventive Step) (Chicago Intellectual Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) (IAM) (Intellectual Property Watch) (Technology Transfer Tactics) (The IP Factor) (Patent Baristas) (ISinIP) (Managing Intellectual Property)

GSK, Tafas file petitions for rehearing in Tafas v Doll (Patent Docs) (Patent Docs) (Peter Zura’s 271 Patent Blog) (Patently-O) (Inventive Step) (IP Watchdog)

Entire Federal Circuit hears argument on whether 271(f) applies to method claims: Cardiac Pacemakers v St Jude Medical (Inventive Step)

District Court E D Texas grants TiVo’s motion to have Echostar declared in contempt of permanent injunction, ordered to pay further $103M (EDTexweblog.com) (Ars Technica) (IAM) (Out-Law)

District Court E D Texas grants protective order limiting patent owner’s counsel’s access to confidential information; prosecution bar included: Hyundai Motor America v Clear With Computers (EDTexweblog.com)

District Court E D Texas: Motion to transfer venue denied in ‘national’ patent case: Intellectual Capital Holdings v NEC Corporation of America et al (EDTexweblog.com)

District Court N D Illinois: Thou shalt not convey away just before reckoning day (ISinIP)

 
US Patents – Lawsuits and strategic steps

INEOS Fluor – ITC to review remand initial determination in investigation of coolant commenced by complaint from INEOS Fluor companies against Sinochem companies (ITC 337 Law Blog)

JDS Uniphase – ITC will not review initial determination in investigation relating to a complaint by JDS Uniphase against Bookham and others concerning tunable laser chips (ITC 337 Law Blog)

Qimonda – ITC denies motions for summary determination on economic prong in investigation concerning semiconductor integrated circuits in response to complain by Qimonda against Seagate (ITC 337 Law Blog)

Qimonda – ITC denies respondent LSI’s motion for summary determination of non-infringement in investigation relating to semiconductor integrated circuits (ITC 337 Law Blog)

Qualcomm – Does Qualcomm’s value chain licensing system survive its settlement with Broadcom (part 1 – IP Osgoode) (part 2 – IP Osgoode)

 
 
US Copyright

Senate Judiciary prioritises Performance Rights Bill (Intellectual Property Watch)

Copyright Office issues response to backlog reports (Silicon Valley IP Licensing Law Blog)

Copyright Office announces fee increases effective 1 August 2009 (Silicon Valley IP Licensing Law Blog)  

 
US Copyright – Lawsuits and strategic steps

Cosmic Debris – Emily the Strange, or Emily the plagiarised?: copyright dispute between Cosmic Debris and Sharmat and Simont (IP Osgoode)

MGA – Unsurprising speculation on Bratz litigation resolution: Licensing agreement in the works (The IP ADR Blog)

Salinger J D – J D Salinger sues over unauthorised sequel to ‘Catcher in the Rye’ (Excess Copyright) (1709 Copyright Blog) (The IP Factor) (IPKat)

 
US Trade Marks – Decisions

CAFC hears oral argument in Shinnecock Smoke Shop appeal (not precedential) (TTABlog)

TTAB: Teenie Weenie wins split decision over Paddington in TTAB 2(d) battle-of-the-bear-designs: Paddington & Company, Ltd v Lead Co., Ltd (not precedential) (TTABlog)

TTAB says a principle is not a service, affirm PTO rejection of specimens of use: In re LaBellarte (not precedential) (TTABlog)

TTAB affirms mere descriptiveness refusal of AUTOPROBE for soil sampling machines and related services: In re AgRobotic, LLC (not precedential) (TTABlog)

TTABlog WYHA: Would you have appealed this 2(d) refusal? – GIO vs GEO & Design: In re Liberty Hardware Mfg Corp (not precedential) (TTABlog)

 
US Trade Marks – Lawsuits and strategic steps

Allied Safe & Vault Co – ASV sues Allied Fire Sprinklers alleging its use of ‘Allied’ infringes ASV’s ALLIED FIRE & SECURITY mark (Seattle Trademark Lawyer)

Ozzy Osbourne – Ozzy Osbourne files lawsuit against Anthony Iommi over BLACK SABBATH trade mark (Las Vegas Trademark Attorney) (IPKat)

Ride the Ducks International – Ride the Ducks files lawsuit against Bay Quackers over alleged infringement of duck call sound trade mark (Las Vegas Trademark Attorney)

 

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