General Global Week in Review 24 May 2010 from IP Think Tank

Here is Think IP Strategy’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:

USPTO opens Application Exchange Program to all applicants (Anticipate This!) (Inventive Step) (IPKat) (Maier & Maier)

New USPTO fee-setting bill introduced in House (Patent Docs) (271 Patent Blog) (Inventive Step) (Patent Docs)

EWCA (Civ): Strong criticism for the European Court of Justice: L’Oréal SA & Ors v Bellure NV & Ors (Class 46) (IPKat) (JIPLP)

Global
Global – General

Software patents, customs seizure and European design skull duggery (IP Think Tank)

IP valuation: don’t underestimate the endowment effect (IP finance)

VI European Union-Latin America and the Caribbean: the Madrid summits (IP tango)

Intangible asset risk mitigation: Getting the attention of management team and board! (Business IP and Intangible Asset Blog)

Global – Trade Marks / Brands

Madrid filings rebound in 2010 (Managing IP)

Meet WIPO’s new Madrid team (Managing IP)

Tales of nuns, boats, apples and brand protection (IP Whiteboard)

Global – Patents

Fear and trembling: The MBA slide on ‘Why do people patent?’ (IPKat)

One translation: multiple countries (Inovia IP)

What is Open Innovation? (IP Solutions Blog)

Trade secrets are intangible assets: Questions management teams and boards should ask? (Business IP and Intangible Asset Blog)

Global – Copyright

Obama and Calderon back quick conclusion to ACTA talks (Michael Geist)

Argentina

Argentina: Stop plagiarism, with plagiarism? (IP tango)

Australia

Copyright Tribunal orders hefty increase in licence fees payable by fitness clubs for use of recorded music (ipwars.com) (Ars Technica)

High Court allows appeal in Barefoot case: E. & J. Gallo Winery v. Lion Nathan Australia Pty Limited (ipwars.com)

Austria

Employee inventions and flat-rate compensation in Austria (IP finance)

Canada

National post reports ‘heavy handed’ copyright law coming next week (Michael Geist)

Canada to fast-track CleanTech patents (IPblog)

Documentary Organization of Canada on fair dealing (Michael Geist)

CRTC of old re-emerges in music station case (Michael Geist)

‘Copyright law is tort law, too’ (IP Osgoode)

China

What is so special about Special 301 vis-a-vis China? Parts 1, 2, 3 and 4 (IP Dragon) IP (Dragon) (IP Dragon) (IP Dragon)

Don’t feed the patent trolls in China and start your own IP team (IP Dragon)

Geertje Hesseling’s thesis about intellectual property rights in fashion in China (IP Dragon)

Denmark

Danish survey on the strongest Danish brands (Innovation Partners)

Europe

Community designs – disclosures outside the EU: Holey Soles v Crocs (Class 99) (Class 99)

To name a car – not so easy after all – Renault faces obstacles to ZOE mark (Class 46)

India

Suggestions invited on the Copyright (Amendment) Bill, 2010 by the Standing Committee on HRD (Spicy IP) (Spicy IP)

FICCI-IP Facilitation Centre opens in Delhi (Spicy IP)

Delhi High Court refuses to give the interim nod to Noddy in trade mark infringement and passing off case: Chorion Rights v M/S Ishan Apparel (Spicy IP)

Anticipation under Section 31(d) (Spicy IP)

Netherlands

District Court The Hague rejects requests in preliminary injunction proceedings: Agfa Graphics v. Chendu Xingraphics and A. Ten Cate Offsetprodukten (EPLAW)

District Court The Hague refers to ‘free-beer’ claims explaining disclosure insufficiently clear for skilled person to reach desired results: Novozymes v. DSM Food Specialties (EPLAW)

Court of Appeal The Hague: No indirect infringement  by delivering ‘stealth rope’ to trawl net makers: Van Beelen Industrie en Handel v. Otter Ultra Low Drag (EPLAW)

Poland

Poland: protect your trade marks and brands or… (Class 46)

Spain

Do not mess with the city of Tarragona (unless the Municipality let you do it) – refusal of MOSTRA TARRAGONA PESCADORA / MARINERA (‘Fishing and Maritime Tarragona Fair’) (Class 46)

Swaziland

Swaziland Cabinet approves new Copyright Bill: Copyright and Neighbouring Rights Bill of 2010 (Afro-IP)

Switzerland

Switzerland: Gillette seeks to register a stylised letter ‘G’ but it wasn’t stylish enough (Class 46)

United Kingdom

EWCA (Civ): Strong criticism for the European Court of Justice: L’Oréal SA & Ors v Bellure NV & Ors (Class 46) (IPKat) (JIPLP)

EWHC (Pat): Holding company should not have been joined – Perini appeals dismissed: Fabio Perini SPA v LPC Group Plc & others (PatLit)

Cannonballs and footballs – a judicial comparison: Future Investments SA v FIFA – High Court considers interplay between copyright and common law tort of causing loss by unlawful means (1709 Copyright Blog)

UK IP Minister appointed: Baroness Wilcox (Managing IP)

Proposals for CFCs: how will they affect IP? (IP finance)

Withdrawing patent applications – a matter of priority (IPKat)

United States
US General

U.S. Trade Representative releases Special 301 Report on global IPR (Patent Docs)

The buyers at the Ocean Tomo auctions revealed (IAM)

US General – Lawsuits and strategic steps

California Court takes on trade-secret preemption of other civil claims (IP Law Blog)

US Patent Reform

Patent reform flounders as House debates giving USPTO fee raising powers – Updated (IAM)

2010 Proposed Patent Reform legislation series – False Marking; Fee Setting Authority; Damages (Maier & Maier) (Maier & Maier) (Maier & Maier)

New USPTO fee-setting bill introduced in House (Patent Docs) (271 Patent Blog) (Inventive Step) (Patent Docs)

A different patent law proposal: U.S. utility models? (Anticipate This!)

US Patents

USPTO opens Application Exchange Program to all applicants (Anticipate This!) (Inventive Step) (IPKat) (Maier & Maier)

USPTO makes it easier to be green (Green Patent Blog)

Chien: Recent history suggests that Supreme Court will rule Bilski’s claim unpatentable (Patently-O)

Ricoh undercuts NPE profit potential (PatLit)
US Patents – Decisions

CAFC: ‘Common sense’ still requires logical explanation: In re Vaidyanathan (not precedential) (IP Spotlight)

Very helpful Federal Circuit explication of standing analysis: Alfred E. Mann Foundation for Scientific Research v. Cochlear Corp (Property, intangible)

District Court N D Illinois: Patentee’s ‘policy and practice’ of marking was insufficient to establish compliance with marking requirement: von Holdt v. A-1 Tool Corp. (Docket Report)

District Court N D Illinois: Change to ‘consisting of’ language during reexam limits damages: Kim v. The Earthgrains Co. (Chicago IP Litigation Blog)

District Court W D New York: Patent requiring ‘trial and error’ and ‘working backwards’ to calculate the value of a claimed variable was invalid for lack of enablement: Tailored Lighting, Inc. v. Osram Sylvania Products, Inc. (Docket Report)

District Court W D Wisconsin: Motion to stay pending the Federal Circuit’s decision denied in false marking case: Hy Cite Corporation v. Regal Ware, Inc et al (Docket Report)

ITC decides not to review initial determination on invalidity in certain printing and imaging devices involving Ricoh and Oki Data (ITC Law Blog)

ITC decides not to review enforcement initial determination in certain voltage regulators (337-TA-564) involving Linear Technology and Advanced Analogic Technologies (ITC Law Blog)

Defending yourself in inequitable conduct proceedings – CAFC en banc hearing pending: Therasense, Inc. v. Becton, Dickinson & Co. (Patently-O) (TTABlog)

US Patents – Lawsuits and strategic steps

Chrysler – Chrysler files new 337 complaint regarding certain automotive vehicles against numerous respondents including Xingyue Group, Shanghai Tandem Industrial, Excaliber Motorsports and others (ITC Law Blog)

Georgia-Pacific Consumer Products – ITC institutes investigation against Kruger, KTG USA and others (337-TA-718) regarding certain electronic paper towel dispensing devices (ITC Law Blog) (ITC Law Blog)

GreenShift – Don’t mess with GS: GreenShift’s ethanol patent enforcement roadshow (Green Patent Blog)

Hewlett-Packard – ALJ Essex grants motion to terminate the investigation as to SmartOne in certain inkjet ink supplies (337-TA-691) (ITC Law Blog)

Ryders Eyewear – Oakley sued for false marking: Oakley, Inc. v. Ryders Eyewear (Docket Report)

US Copyright

Obama signals support for ACTA treaty (Copyright Litigation Blog)

Copyright, TM and counterfeit chic: Fordham Law launches Fashion Law Institute (Copyright Litigation Blog)

US Copyright – Decisions

1st Cir: Implied non-exclusive license survives death of architect: Estate of Robert Hevia et al v Portrio Corporation et al (Copyright Litigation Blog)

2d Cir: Tortious interference and conversion claims pre-empted by Copyright Act: Miller v. Holtzbrinck Publishers, L.L.C. (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Henley, Don – Henley, DeVore file reply briefs in ‘parody’ battle (Copyrights & Campaigns)

US Trademarks

50% successful with jus tertii defense: Golden Temple of Oregon, LLC v Wai Lana Productions, LLC and United Food Imports, Inc v Baroody Imports, Inc (Property, intangible)

‘Fraud and the TTAB: What hath Bose wrought?’ (TTABlog)

US Trade Marks – Decisions

In stinging reversal, TTAB finds SOLIGA FOREST HONEY not confusingly similar to FOREST HONEY design mark (not precedential) (TTABlog)

Finding BORN=OFFICIAL & Design and BØRN too dissimilar, TTAB dismisses 2(d) opposition (not precedential): Columbia Insurance Company v. Eric J. Delfyette (TTABlog)

ITC decides not to review initial determination in certain energy drink products (337-TA-678) concerning Red Bull’s registered trademarks and copyright (ITC Law Blog)

District Court W D Washington: Prevailing party denied Lanham Act fees but gets Consumer Protection Act fees: Nature’s Footprint, Inc.v. Providnet Co Trust (Seattle Trademark Lawyer)

US Trade Marks – Lawsuits and strategic steps

Saks Fifth Avenue – Saks Fifth Avenue cries foul over Olympia’s salon Fifth Avenue (Seattle Trademark Lawyer)

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