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General Global Week in Review 23 May 2011 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:

USPTO expands first action interview pilot program (inovia) (Patent Docs) (IP Spotlight) (Inventive Step) (Patently-O)

US ITC report on China piracy shows billions in losses: Senators demand action (IP Watch) (IP Dragon)

Human rights trump design rights – District Court of The Hague lifts ex parte injunction against artist in Nadja Plesner v Louis Vuitton (IPKat) (Class 99)

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 – General

Misunderstand the strength of IP (no. 16 in our list of IP mistakes) (IP Think Tank)

New reports on TRIPS and tech transfer, LDC needs (IP Watch)

Emerging IP monetisation solutions: Institutionalisation of an IP exchange (IP finance)

Global – Trade Marks / Brands

How trademarks are key to driving innovation (IAM)

Parallel market and the MERCOSUR countries (The Gray Blog)

Global – Patents

WIPO patent committee discusses exception and limitations to patent rights (Knowledge Ecology International)


Australia has third best IP regime in the world, says survey (Patentology)

Review of 2010 patent cases (IP Whiteboard)

Attorneys beware – Hospitalisation, holidays no excuse for delay! Woven Image Pty Limited v Autex Industries Limited (Patentology)


INPI postpones request for GI (IP tango)

Modernization of the Copyright Act (IP tango)


US ITC report on China piracy shows billions in losses: Senators demand action (IP Watch) (IP Dragon)

China launches International Patent Database (IP Dragon)

Whitebook on IP Protection in 2010: Is white the new black? (IP Dragon)

Bridgestone v Bull – prior design defence in China (Class 99)

Yao Ming wants to reign supreme over Yao Ming era (IP Dragon)

An SME handbook for China. It’s really good and it’s free. (China Law Blog)

Enforcement of foreign court judgments in China. (China Law Blog)

China IP: Painters vs photographers (China Hearsay)

Reaction to Professor Navarro’s China bashing: We get what we paid for – counterfeiting and importer responsibility (IP Dragon)


Commission non-paper – Solutions for a unified patent litigation system (EPLAW)

Patent enforcement using Customs (Kluwer Patent Blog)

OHIM – more on opposition procedure rules – Case T-488/09 (Class 46)


L’Oreal haunted by parallel market scheme – now a criminal complaint (The Gray Blog)


Germany takes number one slot in ranking of patent systems (IAM)


Shortly -A new TM law for Greece (Class 46)


Claim construction issues in the TenXC patent litigation (Spicy IP)

Determination of prima facie validity of registered mark: Bhole Baba Milk Food Industries Ltd v. Parul Food Specialities (P) Ltd. (Spicy IP)

DIPP releases discussion paper on utility models (Spicy IP)


The USTR’s rite of Spring – Special 301 Report (America-Israel Patent Law)


Forged alcohol beverages receive more than a hangover (IP tango)


Human rights trump design rights – District Court of The Hague lifts ex parte injunction against artist in Nadja Plesner v Louis Vuitton (IPKat) (Class 99)

District Court of The Hague invalidates Fritsch’s patent relating to an apparatus for rolling dough for lack of inventive step: Rademaker v Fritsch (EPLAW)

United Kingdom

UK attorneys give opponents of patent reform in the US a helping hand (IAM)

PCC Page 27: Two more bricks in the wall (PatLit)

EWPCC: Applying the new cost capping provisions: Westwood v. Knight (EPLAW) (IPKat)

INTA special reports: Sir Robin Jacob’s speech; a century of trade mark law; damages in Europe (IPKat) (IPKat) (IPKat)

United States

US Patent Reform

What Congress should do to fix the patent system, step 1 (Patenthink)

Patent Reform Update: Summer debate ahead for America Invents Act (Patent Law Practice Center)

How Article One relates to patent quality and reform (Patent Quality Matters)

US Patents

USPTO expands first action interview pilot program (inovia) (Patent Docs) (IP Spotlight) (Inventive Step) (Patently-O)

Pilot Error:  Sarah Tran critiques the USPTO green patent fast track (Green Patent Blog)

Appeal results in patent reexamination (Patents Post-Grant)

Person(s) skilled in the art: Should the now established model of team-based inventing impact the obviousness analysis? (Patently-O)

Why patentees should avoid exceeding page limits (Patents Post Grant)

Congress considered changes to Rule 11 sanctions (Patent Law Practice Center)

US Patents – Decisions

8th Circuit: Who is the client? Advising inventors, their spouses, and their start-up companies: James Joyce v Armstrong Teasdale (Patently-O)

District Court N D California: Use of patent reexamination evidence in parallel litigation: Volterra Semiconductor Corporation v Primarion Inc (Patents Post-Grant)

District Court E D California: Government’s approval of false marking settlement precludes later challenge that settlement was “staged” and therefore lacks preclusive effect: Champion Laboratories, Inc v Parker-Hannifin Corp. et al (Docket Report)

District Court E D Missouri: Disclosure of concerns leading to reissue application waives privilege as to such concerns: Monsanto v E I Dupont (Docket Report)

District Court E D California orders former GE employee to cease wind patent licensing activity: General Electric Company v Thomas Wilkins (Green Patent Blog)

BPAI: Proprietary publications as prior art: Ex Parte ePlus (Patent Post-Grant)

ITC issues public version of opinion of no Section 337 violation in Certain Ceramic Capacitors (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

CPS Technologies – CSP Technologies files new 337 complaint regarding certain flip-top vials (ITC 337 Law Blog)

Lutron Electronics – Lutron files new 337 complaint regarding certain lighting control devices (ITC 337 Law Blog) (ITC 337 Update)

Thompson/Center Arms Co – Thompson/Center and Smith & Wesson file new 337 complaint regarding certain muzzle-loading firearms (ITC Law Blog)

US Trade Marks – Decisions

TTAB precedential no. 12: TTAB issues pre-trial order in new REDSKINS disparagement case: Amanda Blackhorse, Marcus Briggs, Phillip Gover, Jillian Pappan, and Courtney Tsotigh v. Pro Football, Inc. (TTABlog)

TTAB affirms mere descriptiveness refusal of JEWELRYSUPPLY.COM: No tacking and not enough 2(f): In re Jewelry Supply Inc (TTABlog)

TTAB affirms refusal of the “Eddie Bauer Guarantee” for failure to function as a service mark: In re Eddie Bauer Licensing Services LLC (TTABlog)

TTAB dismisses fraud-based opposition for failure to prove intent to deceive: Daniel Ryan Way and CMDW, Inc. v. Anthony R. Falwell (TTABlog)

Test your TTAB judge-ability on this service mark specimen of use: In re Health Fusion Brands, Inc (TTABlog)

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