General Global Week in Review 11 April 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 to begin 12-month fast track examination on May 4, 2011(Maier & Maier) (Anticipate This!) (Inovia) (Inventive Step) (IP Spotlight) (Patently-O) (Patent Law Practice Center)

House debates patent reform – H. R.1249 (Patent Law Center) (IPBiz) (Inventive Step) (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 – General

Bureaucracy, naivety and professional obligation – ‘Don’t file a patent’ book review (IP Think Tank)

The greatest overlooked risk in IP Strategy (IP Think Tank)

An introduction to US antitrust law (IP Think Tank)

IP and IC- Best mates or ships in the night? (IPKat)

CIPO: Keep up your IP Data Management System (ipeg)

Global – Trade Marks / Brands

WIPO: Trademark filings up again; Now, think design! (IP Watch) (Seattle Trademark Lawyer)

Premium brands and private label products: The inflation challenge (IP finance)

Global – Patents

Patent issues for foreign products (Inventive Step)

Three heads, one mind – USPTO head David Kappos, UK IPO Head John Alty and his colleague, Patent Head Sean Dennehy promote harmony, cooperation   (IPKat)

Global – Copyright

5 mistakes ‘anti-copyrights’ constantly make (Plagiarism Today)


Australian Patent Reform – wrap-up (Patentology)

Patent Reform Exposed Part VII and VIII  – ‘Search to sealing, and beyond…’ ; ‘Transition’ (Patentology) (Patentology)

IP Laws Amendment (Raising the Bar) Bill – the whole kit and caboodle all in one exciting bill (LawFont)

IP Australia launches enhanced patent search with online file history (Patentology)

Federal Government releases draft tobacco plain packaging legislation (IP Whiteboard)


Third Chamber of the Superior Court of Justice excludes the collection of copyright royalties in relation to religious event (IP tango)


New trade mark, design laws in force in Bulgaria (Class 46) (Class 99)


Canada launches Green Patent Fast Track Program (Green Patent Blog)

PETA’s use of Canadian Club trademark gets whacked (Canadian Trademark Blog)

Canadian Election attracts attention in India…Over copyright (Michael Geist)

IP Law and Fashion Week: Is Canada un-fashionably late? (IP Osgoode)


IP Dragon checks international clothes market in Beijing: ‘Waterbedding’ effect of trademark enforcement (IP Dragon)

Unoriginal trademarks unpopular in Quanzhou. Good news or wishful thinking? (IP Dragon)

DuPont learns that global IP theft doesn’t stop at the border (China Hearsay)


The chocolate menagerie: General Court decides on bunny, reindeer and mouse shapes: Chocoladefabriken Lindt & Sprüngli AG v OHIM (jiplp)

ECJ rules on legislative limitations on copyright protection for designs in Europe: Flos SpA v Semeraro Casa e Famiglia SpA (jiplp)

AG delivers opinion in Viking Gas A/S v BP Gas A/S concerning trade mark law and refilling of gas bottles (IPKat)

Hours and minutes – time of filing: the Advocate General speaks: Génesis Seguros Generales Sociedad Anónima de Seguros y Reaseguros (GENESIS) v Boys Toys SA and Administración del Estado (IPKat)

Preparatory documentation on the EPC 1973 available on EPO’s website (EPLAW)

Little Hope for an EU Patent Court after the CJ Opinion (EPLAW) (ipeg)

Economic Community of West African States  and the Community trade mark (Afro-IP)


Supreme Administrative Court decision concerning trademarks with a reputation (Class 46)

Paris Court of Appeal rules appeal by third party against Patent Office Director’s decision to limit French patent not admissible: Teisseire France S.A.S. v. La Societe Routin (EPLAW)


Much ado about kindergarten – debate over use of sheet music in nursery schools (1709 Blog) (1709 Blog)


Judicial determination of a ‘well-known’ Indian mark- TATA: Tata Sons Ltd. vs Mr. Md. Jawed & Anr (Spicy IP)

Spike in Indian IP filing numbers and revenues (Spicy IP)

Supreme Court lifts stay in radio compulsory licensing dispute (Spicy IP)

Delhi HC ejects petitions against Copyright Societies & Copyright Act (Spicy IP)

Parallel import clause may be dropped in Indian Copyright Act (Spicy IP)

Delhi High Court slams the Trade Mark Registries for losing 44,000 files over the last 5 years (Spicy IP)


Designs for Rubber Seals? (IP Factor)

Copyrights and wrongs when Israel partnerships dissolve (IP Factor)


Opposition proceedings in Italy most likely entering into force in May 2011 (Class 46)


Frizzled trademark in Korea – MAGIC SCHOOL BUS (Likelihood of Confusion)


OHIM expert to help Kosovo (Class 99)


Lucky number 7 – is it really? Denomination of origin granted for Machu Picchu Coffee – Huadquina (IP tango)


Courts note differences between wine and vodka (Class 46)


More fashion apparel companies seeking to register trademark in Russia (Russian Patents Blog)


The new Swiss patent litigation system (EPLAW)

United Kingdom

PCC Page 23: IPOff’s tentacles get some cross-examination? (PatLit)

UK Supreme Court – The final battle in Star Wars copyright dispute (IP Osgoode)

United States

US Patent Reform

The time for global harmonisation is now: so says David Kappos, Director of the USPTO (IPKat)

Kappos seeks to fight patent reform opposition with facts (IAM)

Why the Americans should leave Europe out of their first-to-invent debate – UPDATED (IAM)

House debates patent reform – H. R.1249 (Patent Law Center) (IPBiz) (Inventive Step) (Inventive Step) (Patently-O)

The additional grounds of post grant review (Patents Post Grant Blog)

House version of inter partes review wasted time (Patent Law Practice Center)

US Patents

USPTO to begin 12-month fast track examination on May 4, 2011(Maier & Maier) (Anticipate This!) (Inovia) (Inventive Step) (IP Spotlight) (Patently-O) (Patent Law Practice Center)

USPTO/AIPLA Roundtable Report: Chinese utility models and design patents (IPKat)

FTC report gives NPEs a new name (PAE), recommends that Courts and the PTO improve patent notice and damages (Patently-O)

Uncle Sam v False Patent Marking (PatLit)

Challenging USPTO decisions in the Courts (Patently-O)

Decrease in new false marking cases filed post In re BP Lubricants (Gray on Claims)

US Patents – Decisions

CAFC: Patent examiners not required to make on-the-record claim constructions: In re Jung (Gray on Claims)

District Court E D Texas: Opinion of counsel ‘carries little to no weight’ in determining enhanced ongoing royalty: Affinity Labs of Texas, LLC v. BMW North America, LLC, et. al. (Docket Report)

District Court E D Texas: Judge Ward affirms $482,000,000 damages award, but overturns willfulness finding: Saffran, M.D., Ph.D., v. Johnson & Johnson, et. al. (Docket Report)

District Court Delaware: Infringement expert must analyze every asserted claim limitation even if opposing discovery responses indicate certain limitations are not disputed: Medtronic Inc. v. Boston Scientific Corporation, et. al. (Docket Report)

District Court E D Washington: False marking claim defeated at summary judgment – Employee mistakes do not constitute false marking: Bow Jax Inc. v. Sims Vibration Laboratory Inc., et. al. (Docket Report)

US Patents – Lawsuits and strategic steps

Canon Inc – ALJ Gildea grants motion to terminate investigation in Certain Toner Cartridges (337-TA-731) (ITC Law Blog)

Crocs Inc – ALJ Bullock issues initial determination on enforceability in Certain Foam Footwear (337-TA-567) (ITC Law Blog)

Kaneka – Kaneka files new 337 complaint regarding Certain Polyimide Films (ITC Law Blog)

Philips – Philips asserts five LED Patents; Tries to K.O. Seoul’s ‘fundamental’ LED Patent (Green Patent Blog)

Reflex – Sue where the assets are: Reflex Packaging is suing former client Lenovo for patent infringement in US (IP Dragon)

Remy – J Rogers denies respondent’s motion to compel amendment of complaint in Certain Starter Motors and Alternators (Inv. No. 337-TA-755) (ITC Law Blog)

US Copyright

US provides misleading answer to WIPO questionnaire on export of accessible works under US law (Knowledge Ecology International)

US Copyright – Decisions

Court of Appeals 11th Circuit: Saregama’s lack of standing to sue: Saregama India Ltd v Timothy Mosley (Spicy IP)

US Copyright – Lawsuits and strategic steps

Kanye West wins copyright battle – N D Illinois grants motion to dismiss infringement complaint in Vincent Peters v Kanye West (IP Osgoode)

2nd Circuit: Fair use doctrine protects submission of entire copyrighted work in judicial proceeding: Hollander v. Steinberg (Copyright Litigation Blog)

US Trade Marks – Decisions

TTAB dismisses ALPHA KITTY Section 2(d) Opposition: Opposer failed to prove standing, priority (TTABlog)

WYHA? TTAB affirms Section 2(e)(1) mere descriptiveness refusal of STRETCH FIT for incontinence briefs (TTABlog)

WYHA? TTAB affirms 2(d) refusal of LOWFARES.COM over LOWESTFARE.COM for travel-related services (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Christian Louboutin  – Louboutin sues Yves Saint Laurent over red shoe sole (IPKat)

Hyro-gliff Corporation – I am not bi-polar, I am bi-winning – 24 trademark applications including VATICAN ASSASSIN, VIOLENT TORPEDO OF TRUTH, and LIVING THE SHEEN DREAM filed by company linked to Charlie Sheen  (IP Whiteboard)

The Slants – USPTO denies registration for THE SLANTS for band on grounds that it is ‘disparaging to people of Asian ethnicity’ (Likelihood of Confusion)

Under Armour – Saying its marks are famous, Under Armour sues to protect them – files complaints against Armorline, Armosales and Real Wear, Tiffani Denise Diggs Lewis (Maryland Intellectual Property Law Blog)


Vatican State enacts new copyright law (IPKat)

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