Global Week in Review 1 August 2012 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:

Lower Regional Court of Mannheim finds Motorola phones violate Microsoft’s file allocation table (FAT) patents, issues injunction (Ars Technica) (FOSS Patents)

USPTO issues proposed first-to-file rules and guidelines (Pharma Patents) (Inventive Step) (Patently-O)

 

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

Use questionable ethics (No. 49 in our list of IP mistakes) (IP Think Tank)

 

Global – Trade Marks / Brands / Domain Names

Global Pharma calls on ICANN to act against online counterfeits (IP Watch)

 

Global – Patents

How to improve your innovation ROI with early stage patent expertise: In depth management article (IP Asset Maximiser Blog)

Mega-patent portfolio sales: chimera or here to stay? (IP finance)

Apple-Samsung patent fight is not about pushing competition off the market (IPEG)

 

Global – Copyright

WIPO’s proposed exception for the blind and visually impaired stalls again (The 1709 Blog)

 

Australia

Technological protection measures exceptions review (ipwars.com)

Apple v Samsung – Trial commences, but will it matter? (Patentology)

 

Belgium

Escitalopram – Brussels court of appeal grants preliminary injunction based on EP annulled at first instance: Lundbeck / Eurogenics (EPLAW)

 

Cyprus

IP tax – Cyprus offers 2% (IP finance)

 

Europe

European Commission starts Citalopram ‘pay for delay’ case against Lundbeck, Merck, Ranbaxy and others (EPLAW) (Out-Law)

Will unified patent litigation affect the generic medicine market? (PatLit)

CJEU rules supplementary protection certificates available for “new medical use”: Neurim Pharmaceuticals v Comptroller-General of Patents (Circadin® / Melatonin) (Patent Docs)

 

Germany

Lower Regional Court of Mannheim finds Motorola phones violate Microsoft’s file allocation table (FAT) patents, issues injunction (Ars Technica) (FOSS Patents)

 

India

Patent Office publishes list of applications deemed as traditional knowledge (Spicy IP)

 

Indonesia

Indonesia’s R&D problems (IP Komodo)

 

Israel

Supreme Court of Israel decision in Football Assoc Premier League v John Doe – Streaming of a live sporting event is not a user right (IP Osgoode)

Changes to Israel Patent Law – 18 month publication, third party submissions, filing on electronic media and accelerated examination (The IP Factor)

 

Netherlands

District Court of The Hague denies Actavis’ invalidation and cost claims against AstraZeneca over abandoned Dutch parts of European patents covering formulation of omeprazole and its enantiomers (EPLAW)

Zofran (Ondansetron) – Supreme Court finds submitting generic product for listing in G-Standard constitutes “offering” under Art 51(1)(b) of the Patent Act in Pharmachemie v Glaxo Group (Kluwer Patent Blog)

Chief IPO Philips: The quality of patents should improve: only focus on inventions which matter (EPLAW)

 

Philippines

Madrid begins in Philippines (IP Komodo)

 

Sweden

Music labels won’t share Pirate Bay loot with artists (TorrentFreak)

 

United Kingdom

UK seeks to lead the world with proposed copyright licensing exchange (IAM)

Copaxone (Glatiramer) – EWHC (Pat) considers obviousness and lack of technical merit/effect in Mylan v Yeda (Kluwer Patent Blog) (EPLAW)

HENLEY, HENLEYS and “wrong way round” confusion – EWCA decision in Woolley & Anor v Ultimate Products & Anor (Class 46)

Replica alloys seller infringes BMW Community design and trade mark rights, EWHC (Pat) rules in Bayerische Motoren Werke v Round and Metal & Anor (Out-Law)

 

United States

US General

ITC publishes new proposed rules of practice and procedure (ITC 337 Law Blog)

 

US Patents

Some thoughts on patentability (Director’s Forum)

Ongoing debate: Is software patentable?: Bankcorp Services v Sun Assur. Co and CLS Bank v Alice Corp (Patently-O) (Ars Technica)

Patent trolls: As American as apple pie? (Patentology)

USPTO expands and extends patent prosecution highway programs (Patent Docs)

USPTO issues final rule for implementing statute of limitations provisions for office disciplinary proceedings (Patent Docs)

USPTO issues proposed first-to-file rules and guidelines (Pharma Patents) (Inventive Step) (Patently-O)

A different challenge to the post-notice of appeal patent term adjustment problem (Pharma Patents)

Myriad and Prometheus: Do patents “preempt” follow-on research? (Patent Docs)

Gaston Kroub on cleantech patent litigation after Apple v. Motorola (Green Patent Blog)

 

US Patents – Decisions

CAFC: Pior art enablement – burden on patent applicant to prove non-enablement: In re Antor Media Group (Patently-O)

CAFC looks at intellectual property terms of employment agreement to decide patent ownership: Preston v Marathon Oil (Pharma Patents)

CAFC extends stay of Samsung Galaxy Nexus injunction – for the time being: Apple v Samsung (FOSS Patents)

Delaware: Membership in defensive patent aggregator service established knowledge of patents sufficient to support indirect infringement and willfulness claims: SoftView v Apple (Docket Report)

Utah: America Invents Act does not preclude pretrial consolidation: CR Bard v Medical Components (Docket Report)

ITC issues final determination of no violation by LSI, STMicroelectronics and others in Certain Semiconductor Chips (337-TA-753) brought by Rambus (ITC 337 Law Blog)

 

US Patents – Lawsuits and strategic steps

Alcon Pharmaceuticals – Alcon files patent infringement suit against Lupin in response to Para IV certification as part of ANDA to manufacture generic Moxeza (Moxifloxacin) (Patent Docs)

Alcon Pharmaceuticals – Alcon files patent infringement suit against Apotex in response to Para IV certification as part of ANDA to manufacture generic Vigamox (Moxifloxacin) (Patent Docs)

Apple – Apple stands ready to execute a FRAND license agreement with Google’s Motorola Mobility (FOSS Patents)

Apple – Miami court grants HTC request to transfer Apple’s claims to Delaware – Motorola might benefit (FOSS Patents)

Celgene – Celgene files patent infringement suit against Natco Pharma, Arrow and Watson in response to Para IV certification as part of ANDA to manufacture generic Revlimid (Lenalidomide) (Patent Docs)

HTC – HTC withdraws another patent from second ITC case against Apple – down from 8 to 2 (FOSS Patents)

Nokia – HTC asks ITC to let Google join as co-defendant against Nokia (FOSS Patents)

ObjectVideo – ITC institutes investigation (337-TA-852) against Pelco regarding Certain Video Analytics Software (ITC 337 Law Blog)

 

US Copyright

Leaked RIAA report: SOPA/PIPA “ineffective tool” against music piracy (TorrentFreak)

 

US Copyright – Lawsuits and strategic steps

Megaupload – Government: we can freeze Mega assets even if case is dismissed – Judge weighs argument that Megaupload is beyond reach of US criminal law (Ars Technica)

Flava Works – FileSonic, Oron and their users hit with piracy lawsuit (TorrentFreak)

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