General Global Week in Review 14 Feb 11 from IP Think Tank

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

Highlights this week included:

New White House IP Advisory Committees elevate IP enforcement to highest level (IP Watch) (Patent Baristas) (Copyright Alliance) (The Domains)

Leaks show real aim of ACTA, as trade chief declares it binding (IP Watch) (Ars Technica) (KEI)

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.

Global

Global – General

Asymmetrical advantage and the art of giving away IP (IP Think Tank)

Create you competition (no 29 in our list of IP mistakes) (IP Think Tank)

IP milestones: Here’s my list, what’s yours? (IPKat)

Dirty data in IP management, clean them up (IPEG)

Major IP benchmarking project launched today – your chance to take part (IAM)

Counterfeiting and piracy put 2.5 million legitimate jobs at risk each year (PatentlyBIOtech)

A map that makes you think… – Organised crime map, including counterfeiting (Innovationpartners)

Global – Patents

PCT filing slump continues in US and Europe, but north-east Asia saves the day (IAM)

One classification to rule them all? (Patent Librarian)

Cleantech & clean energy: innovation vs patents (ipblog.ca)

Invention extraction made simple (e^(ip))

The sticky situation surrounding Plumpy’nut – patents and humanitarian aid (Afro-IP)

Global – Copyright

Leaks show real aim of ACTA, as trade chief declares it binding (IP Watch) (Ars Technica) (KEI)

Greens/EFA MEPs Engström, Sargentini, Beliér, Albrecht ask question on ACTA and Vienna Convention (KEI)

‘Global Repertoire Database’ proposed as first international copyright compendium (IP Osgoode)

Australia

Patent reform – IP Australia’s underexposed exposure draft (Patentology)

FCA: Innovation patent claims once again construed narrowly: Australian Mud Company v Coretell (Patentology)

FCA: Whiskey war ends with Wild Geese triumph: Austin, Nichols & Co Inc v Lodestar Anstalt (IPNow) (ipwars)

Belgium

Music royalty society collects money for fake artists, bathroom equipment and food – Basta investigation of SABAM (TorrentFreak)

Brazil

Brazil’s copyright reform: Schizophrenia? (IP Watch)

Canada

Déjà vu all over again on copyright and Canada/US trade? An election issue? (Excess Copyright)

Ontario transitions towards knowledge-based economy (ip osgoode)

The $45,000,000 Chet Baker Estate copyright class action settlement – The February 9, 2011 deadline (Excess Copyright)

Trademark summary expungement proceedings: Evidentiary issues: 1459243 Ontario Ltd v Eva Gabor International (Canadian Trademark Blog)

China

To protect in China – or not to protect (Tangible IP)

Denmark

Increase Danish customs seizures (Innovationpartners)

Ecuador

IP rights are Constitutional rights (IP tango)

Europe

ECJ announces its opinion on the Patent Court Agreement (EPLAW)

New EPO disclosure requirements in effect (Foreign Filing Blog)

An innovation lesson for Europe from Portugal (IAM)

A decisive few weeks for the future of the European patent system (IAM)

AG Cruz Villalon opinion in C‑446/09 Koninklijke Philips Electronics NV v Lucheng Meijing Industrial Company Ltd, Far East Sourcing Ltd, Röhlig Hong Kong Ltd and Röhlig Belgium NV and C‑495/09 Nokia Corporation v Her Majesty’s Commissioners of Revenue and Customs (IPKat)

A touch of class: Latest news of IP TRANSLATOR (IPKat)

Beware the ‘own name’ defense – AG opinion in Edwin Co (Property, intangible)

General Court: likelihood of confusion for Oyster and Oystra (Class 46)

OHIM Board of Appeal: nasty decision about the comparison of goods – no likelihood of confusion between MALONE and MALOTE (Class 46)

Can a European divisional poison its parent? (IPKat)

Finland

Finland deposits instrument of accession to The Hague’s Geneva Act (Class 99)

India

Lending an ‘Indian perspective’ to Enercon GmBH’s propaganda in the German Press (Spicy IP)

Enercon GmBH admits to invalid patents before the U.K. Courts but defends the same before the IPAB (Spicy IP)

India must solve its patent problem (IAM)

Indonesia

When licensing meets lizards – dispute between New7Wonders and Indonesian government (IP Komodo Dragon)

Israel

Israel Patent Office refuses to reinstate lapsed design – Claims no authority to do so (The IP Factor)

Ireland

From bad news to worse for prominent Irish newspaper, Sunday Tribune – Irish Mail’s use of Sunday Tribune masthead causes controversy (Class 46)

Italy

Trademark Law Treaty goes live for Italy on World IP Day (Class 46)

United Kingdom

Olympic success: greasy pole meets greasy spoon – dispute over cafe owners’ use of term ‘Olympic’ (IPKat)

PPC Page 15: How secret is my technology? (PatLit)

EWHC (Ch) Looney v Trafigura – a fable of copyright communication (1709 Copyright Blog)

United States

US General

US IP Enforcement Coordinator issues annual report (IP Watch)

US Chamber of Commerce releases 2011 IP policy agenda (IP Watch)

New White House IP Advisory Committees elevate IP enforcement to highest level (IP Watch) (Patent Baristas) (Copyright Alliance) (The Domains)

Jimmie Reyna to finally get confirmation hearing (Inventive Step)

US to refresh two Latin America FTAs (IP tango)

US Patent Reform

Patent Reform Act of 2011: An overview (Patently-O)

House Judiciary previews patent reform debate (Patents Post-Grant)

Patent Reform Act of 2011 passed by Senate Judiciary Committee (Maier & Maier) (Intellectual Property Law Blog) (Patent Docs)

Patent Reform Act of 2011 – to be re-recycled or enacted? (IP Directions)

President Obama’s plan to win the future by catalyzing invention, innovation, and economic growth through patent reform (PatentlyBIOtech)

Tell the White House (directly!) how ‘obstacles to innovation’ can be removed (Peter Zura’s 271 Patent Blog)

US Patents

USPTO’s COPA: ‘Clearing the oldest patent applications’ (IPBiz)

USPTO proposes rules for track 1 accelerated examination (Inventive Step) (IP Spotlight)

USPTO Provides More Details Regarding “Three Track” Examination Proposal (Patent Docs)

USPTO to issue proposal for ‘track one’ accelerated patent examination in flexible ‘three track’ patent processing program (PatentlyBIOtech)

Latest tool to fight BPAI backlog: Laziness? Ex Parte Schmieding (12:01 Tuesday)

A new model for patent and trademark depository libraries (Director’s Forum)

Patent backlog hinders nation’s job creation (PatentlyBIOtech)

US patent counts, 2010 (Patent Librarian’s Notebook)

2011 patent reexamination filings continue uptrend (Patents Post-Grant)

Avoiding a stay pending patent reexamination: Osmose v Arch Chemicals; Richtek v uPI Semiconductor (Patents Post-Grant)

US Patents – Decisions

District Court Minnesota: Prosecution bar should not apply to reexamination, Judge Noel rules (Reexamination Alert)

District Court E D Texas: Product marked with patent previously deemed unenforceable is “unpatented” for purposes of false marking claim: Promote Innovation LLC v. Medtronic, Inc (Docket Report)

District Court Delaware: Infringing manufacturer’s option to relocate to foreign country negates irreparable harm needed for permanent injunction: Edwards Lifesciences v Corevalve (Docket Report)

District Court N D Illinois: Preamble is limiting because it recited essential structure: Tanita v Homedics-USA (Chicago Intellectual Property Law Blog)

ITC: ALJ Rogers issues public version of initial determination in Certain MEMS Devices (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Nectron – ALJ Charneski issues order finding respondent in default in Certain Toner Cartridges and Components Thereof (ITC 337 Update)

OurPet’s Co – US7878151 Infringement suit filed on day of patent issue (IPBiz)

Protecht – ALJ Bullock’s initial determination dismisses several respondents in Certain Ground Fault Circuit Interrupters and Products Containing the Same (ITC 337 Update)

Simonian – False marking claims subject to Rule 9(b) pleading: Simonian v Blistex (Chicago Intellectual Property Law Blog)

Solanex – Miasolé fingered in interconnect patent suit (Green Patent Blog)

US Copyright

EFF files comments with Copyright Office on pre-1972 sound recordings (EFF)

US Copyright – Lawsuits and strategic steps

Koons, Jeff – Jeff Koons balloon dog case settles (Copyright Litigation Blog)

US Trademarks

Prof. McCarthy: ‘Avoid extremes’ in trademark enforcement efforts (Seattle Trademark Lawyer)

US Trade Marks – Decisions

Precedential no. 5: Prompt supplementation of expert disclosure defeats motion to exclude testimony, says TTAB: General Council of the Assemblies of God dba Gospel Publishing House v. Heritage Music Foundation (TTABlog)

Precedential no. 4: TTAB finds that “NKJV” has acquired distinctiveness for bibles: In re Thomas Nelson, Inc (TTABlog)

Precedential no. 3: Finding KUBA KUBA primarily geographically deceptively misdescriptive for cigars, TTAB affirms 2(e)(3) refusal: In re Jonathan Drew, Inc. d/b/a Drew Estate (TTABlog)

Precedential no. 2: TTAB cancels supplemental registration for shape of culvert unit due to functionality: Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc. (TTABlog)

Test your TTAB judge-ability: Is “MONSTER” merely descriptive of automotive accessories? (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Coach – Gina Kim sues Coach for defamation, misrepresentation of trademark infringement etc over false accusation of counterfeit sales: Gina Kim v Coach (IP Litigation Blog)

Palin, Sarah – Sarah Palin trademark thing (Likelihood of Confusion)

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