General Global Week in Review 5 July 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.

Highlights this week included:

Supreme Court re-opens door for patentability of business methods in Bilski v. Kappos, but offers little guidance for patent applicants (IP Spotlight) (IP:JUR) (Awaken IP) (IPKat) (EPLAW) (The Prior Art) (Inventive Step) (Spicy IP) (Patently-O) (271 Patent Blog) (BlawgIT) (Maryland IP Law) (Filewrapper) (271 Patent Blog) (Patently-O) (BlawgIT) (Patent Baristas) (Patent Baristas) (Patent Docs) (Patent Docs) (Electronic Frontier Foundation) (Article One Partners) (Patentology) (Intellectual Property Law Blog) (IAM) (IAM) (Patent Arcade) (PatLit) (IPKat) (IPKat) (IP Directions) (IPEG) (IP Watch) (Maier & Maier) (Maier & Maier) (Maier & Maier) (IP Factor) (Spicy IP) (Spicy IP) (Spicy IP) (Spicy IP) (Inventive Step) (Anticipate This!) (Live Journal) (Patently-O) (Invent Blog) (Filewrapper) (Article One Partners) (IP Whiteboard)

EU Commission publishes Proposal for a Council Regulation (EU) on the translation arrangements for the European Union patent (IP:JUR) (IAM) (IP Watch)

Global
Global – General

The OECD on innovation: Once again (IP finance)

IP risks in perspective – recent press release from parent company of Cambridge nanotech company Owlstone (IP finance)

Global – Trade Marks / Brands

Vuvuzela as trade mark (Intellectual Property Planet)

Global – Copyright

International experts find that ACTA threatens public interests (Spicy IP)

ACTA risks long-term damage to democratic public policymaking, NGOs say (IP Watch)

ACTA a sign of weakness in multilateral system, WIPO head says (IP Watch)

ACTA round of talks concludes: next meeting in US (Michael Geist) (ArsTechnica)

Report on meeting with ACTA negotiators in Lucerne (Michael Geist)

Developing country opposition to ACTA mounts (Michael Geist) (Michael Geist)

Do the visually impaired need their own ACTA? (Public Knowledge)

Michael Geist presentation: ACTA – The state of play (Michael Geist)

Australia

I thought cats were colour blind… Federal Court confirms Mars has exclusive right to use colour ‘Whiskas purple’ for cat food: Mars Australia Pty Ltd (formerly Effem Foods Pty Ltd) v Société des Produits Nestlé SA (Australian Trade Marks Law Blog)

FCAFC: On appeal, simulated flames from direct light found infringing: Bitech Engineering v Garth Living Pty Ltd (Patentology) (Mallesons Stephen Jaques)

Prison for infringement of IP rights in Australia! – FCA orders jail time for contempt of court on basis of disobedience of earlier injunctions: Deckers Outdoor Corporation Inc. v Farley (No 8) (Patentology) (IPKat)

FCA: Copyright in medical records: Primary Health Care Ltd v Commissioner of Taxation (IP Whiteboard)

Are those real? – Victoria Supreme Court damages judgment in Blackman & Ors v Gant & Anor concerning counterfeit art (IP Whiteboard)

Practice Note for proceedings under the Patents Act – Effective 1 July 2010 (IP Whiteboard)

Peer-to-patent Australia trial completes community review phase (Patentology)

IP Australia to increase fees for patent filings from 1 August 2010 (IP Whiteboard)

Bolivia

Bolivia and revalidation patents: can anyone help? (IP tango)

Colombia

The Madrid Protocol: is it all over? (IP tango) (IP tango)

Ecuador
Giant fee increases for Ecuador (IP tango)
Europe

European perspective on Bilski (Innovation Partners)

New EPO President takes the reins (IAM)

EU Commission publishes Proposal for a Council Regulation (EU) on the translation arrangements for the European Union patent (IP:JUR) (IAM) (IP Watch)

Help is at hand! AG Yve Bot’s opinion in Flos SpA v Semeraro Casa e Famiglia SpA (Class 99)(Class 99)

Breton flour: from peasant tradition to GI protection (Class 46)

Germany

The Zappanale goes on! – Oberlandesgericht Düsseldorf decision in Zappa Family Trust trade mark infringement action against Zappa fans (Class 46) (IPKat)

A map, a copyright dispute and the Bundesverfassungsgericht (IPKat)

Bundespatentgericht decides on registrability of ‘Speicherstadt’ (city of warehouses) (Class 46)

Bundespatentgericht headnote on registrability of shape mark depicting a firearm (‘Schusswaffe’) (Class 46)

India

National Conference on building next practices of IP Management – 15 – 16 July, 2010 (Spicy IP)

Indian Patent office releases details on patent prosecution (Generic Pharmaceuticals and IP)

Patent marking: Is Forest Group a Solo or start of a flood? – Indian law on false patent marking (Spicy IP)

Israel

Israel Patent Office refuses reinstatement appeal for design (IP Factor)

Japan

Louis Vuitton locusts removed from art exhibition (Innovation Partners) (Copyright Litigation Blog)

Kenya

Kenya’s proposed constitution gives IP a mention (Afro-IP)

Libya
Modern look for Libya’s trade mark law (Afro-IP)
Mexico

Damages in Mexico: a helpful explanation (IP finance)

Mexican Congress amends IP Law (Patent Docs)

Poland

Strong, weak, distinctive trade marks for alcohol products (Class 46)

Spain

Spanish MATRATZEN still fends off figurative challenger (Class 46)

Turkey

Turkey’s intervention at SCCR 20 making the case for a WIPO treaty for reading disabled persons (Knowledge Ecology International)

United Kingdom

Negative pressure, positive outcome: EWHC ruling in KCI Licensing Inc and others v Smith and Nephew plc and others (IPKat)

EWCA dismisses appeal against first instance decision, finding patent invalid: Cook Biotech v. Edwards Lifesciences(EPLAW) (IPKat)

EWCA dismisses appeal against decision of Patents Court finding non-infringement: Occlutech GmbH v. AGA Medical Corporation & Ors (EPLAW) (IPKat)

The Budget reopens the ‘Patent Box’ (EPLAW)

United States
US General

Obama introduces IP enforcement plan (PatLit)

US Patent Reform

Leahy post-Bilski comments and patent reform (271 Patent Blog)

US Patents

Ten tips for streamlining patent prosecution (Director’s Forum)

USPTO expands patent application backlog reduction stimulus plan to all applicants (IP Spotlight)

USPTO requests comments regarding proposed changes to restriction practice (Patent Docs)

Statutory guidelines for inequitable conduct – TheraSense amicus brief by Prof Hricik (Patently-O)

Why Bilski benefits start up companies (Patently-O)

Is 101 redundant? (American IPA)

US Patents – Decisions

Supreme Court re-opens door for patentability of business methods in Bilski v. Kappos, but offers little guidance for patent applicants (IP Spotlight) (IP:JUR) (Awaken IP) (IPKat) (EPLAW) (The Prior Art) (Inventive Step) (Spicy IP) (Patently-O) (271 Patent Blog) (BlawgIT) (Maryland IP Law) (Filewrapper) (271 Patent Blog) (Patently-O) (BlawgIT) (Patent Baristas) (Patent Baristas) (Patent Docs) (Patent Docs) (Electronic Frontier Foundation) (Article One Partners) (Patentology) (Intellectual Property Law Blog) (IAM) (IAM) (Patent Arcade) (PatLit) (IPKat) (IPKat) (IP Directions) (IPEG) (IP Watch) (Maier & Maier) (Maier & Maier) (Maier & Maier) (IP Factor) (Spicy IP) (Spicy IP) (Spicy IP) (Spicy IP) (Inventive Step) (Anticipate This!) (Live Journal) (Patently-O) (Invent Blog) (Filewrapper) (Article One Partners) (IP Whiteboard)

District Court S D Iowa: Delay from stay pending reexam not ‘inherently prejudicial’: Middleton Inc. v. MN Mining and Mfg (Docket Report)

District Court Massachusetts: Delay alone does not establish prejudice necessary for prosecution laches defense: The Holmes Group, Inc. v. RPS Products, Inc. (Docket Report)

US Patents – Lawsuits and strategic steps

Avago – ALJ Essex denies respondent Emcore’s motion for reconsideration in certain optoelectronic devices (ITC Law Blog)

Canon – Canon files new 337 complaint regarding certain toner cartridges against Ninestar group of companies and others (ITC Law Blog)

Hewlett-Packard – HP files new 337 complaint regarding certain inkjet ink supplies against Mipo International, Mextec Group, Shanghai Angel Printers and others (ITC Law Blog)

Knowles Electronics – ALJ Rogers issues public version of order denying respondent Analogue Devices’ motion to compel in certain silicon microphones (337-TA-695) (ITC Law Blog)

Paice – ALJ Essex issues public version of order denying Toyota’s renewed notion for summary determination in certain hybrid electric vehicles (337-TA-688) (ITC Law Blog)

Ricoh – ALJ Rogers denies respondents Oki Data Corporation and Oki Data Americas’ motion for summary determination of non-infringement in certain printing and imaging devices (337-TA-690) (ITC Law Blog) (ITC Law Blog)

Sloane Valve Co – Declaratory judgment claim dismissed as to unasserted patent claims: Sloane Valve Co v Zurn Indus (Chicago IP Litigation Blog)

US Copyright
What does ‘copyright registration’ mean and why does it matter? (IP Law Blog)
US Copyright – Decisions

District Court C D California: Politico’s use of Henley songs copyright infringement – not fair use: Henley v Devore (Copyright Litigation Blog) (Electronic Frontier Foundation)

8th Cir: Famous Dave’s magic words: copyright assignments and settlement agreements: Thomsen v. Famous Dave’s of America (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Playboy – Playboy sues Drake for copyright infringement (Trademark Blog of the Trademark Lawyer’s Mind)

US Trademarks

TTAB quarterly index – April to June 2010 (TTABlog)

Cease and desist letters: The attack on Unicorn meat (Copyright Litigation Blog)

A brand symbolises a seller’s credibility – media reporting on UFA Holdings, Inc. v. Performance Acquisition Group Company (Seattle Trademark Lawyer)

US Trade Marks – Decisions

Precedential No. 26: OSMODEX specimens fail to show use as service mark, TTAB rules (TTABlog)

Precedential No. 25: CLOTHING FACTS not functioning as a trademark, says TTAB (TTABlog)

Ninth Circuit finds use of ordinary word in trademark still can dilute: Visa Int’l Serv. Assoc v. JSL Corp (Seattle Trademark Lawyer)

TTAB affirms rejection of catalogue specimen for CELLAR 360 for wine (TTABlog)

Don’t expressly abandoned a trademark you allege is infringed – Commerce Bancorp LLC v. Hill (Property, intangible)

US Trade Marks – Lawsuits and strategic steps

Gucci – Gucci’s attempt to extend trade mark infringement liability to credit card merchant service providers survives motion to dismiss: Gucci America, Inc. v. Frontline Processing Corp. (IP Law Blog) (Trademark Blog)

Lady GaGa – Lady GaGa John Doe complaint (Trademark Blog)

UFA Holdings – Who will win – doctrine or pragmatism? UFA Holdings, Inc. v. Performance Acquisition Group Company (Property, intangible)

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