General Global Week in Review 12 April 2010 from IP Think Tank

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

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Highlights this week included:

300th anniversary of Statute of Anne coming into force (Technology & Marketing Law Blog) (1709 Copyright Blog) ( (Securing Innovation)

Cross retaliation by Brazil succeeds – Brazil, US reach preliminary agreement (Spicy IP) (IP Watch)

USPTO launches Ombudsman pilot program (Inventive Step) (Patentably Defined) (Anticipate This!) (Peter Zura’s 271 Patent Blog) (Daily Dose of IP)

Global – General

CPA’s state of the IP industry survey is ready and waiting (IP Think Tank) (Patent Baristas)

Set aside a little time on 14 April to have your say about CIPOs (IP Think Tank) (IAM)

Secret to blogging success (IP Think Tank)

Intangible assets: Simply knowing what they are should precede valuation and monetization! (Business IP and Intangible Assets Report and Blog)

Categorising intangible assets (Business IP and Intangible Assets Report and Blog)

Intangible assets: Imitation-replication by competitors (Business IP and Intangible Assets Report and Blog)

Global – Patents

One search system to rule them all – IP5 projects (Intellogist)

Global – Copyright

US: No ACTA transparency unless other countries cave on substance (Michael Geist)

WIPO to provide dispute resolution services for TV show format industry (WIPO) (IPKat)


Great IP strategy conference in Australia (IP Think Tank)

Can copyright subsist in a $10,000 suit? (Australian legal position) ‘Madri Gras Indians’ seek copyright protection in their ceremonial costumes… (IP Whiteboard)


Cross retaliation by Brazil succeeds – Brazil, US reach preliminary agreement (Spicy IP) (IP Watch)


Patent publications as non-prejudicial disclosures (IP tango)


IP enforcement in China: myth or reality? (IPKat)

Top patenting companies in China (Securing Innovation)


Europe learns the truth(s) about ACTA – European Parliamentary hearing (IP Watch) (Michael Geist)

Smooth criminal harmonisation: ACTA, EU and IPR enforcement (IP Watch)

Patents in Europe and the EU – Where are we now? (IPKat)


Federal Supreme Court on consequences of not substantiating asserted invalidity claims: Glasflaschenanalysesystem (Glass bottle analysing system) ZR 4/07 (EPLAW)

Federal Supreme Court on determining technical problem and claim interpretation: Gelenkanordnung (hinge arrangement) XR 36/08 (EPLAW)

Federal Supreme Court rules on disclosure in invalidity proceeding: Thermoplastische Zusammensetzung (thermoplastic composition) ZR 100/05 (EPLAW)

Hong Kong

Amendment to Work Manual Chapter on relative grounds for refusal (China Blawg)

HK Court of Appeal upholds Registrar’s rejection of NAKED for condoms (China Blawg)


Israel to join Madrid Protocol (IP Factor)

Nanny court and bad faith negotiations in a publishing contract (IPKat)

South Africa

Tektique to showcase tasty tech transfer prospects (Afro-IP)


Spanish Supreme Court decision concerning weight of evidence in cancellation actions on the grounds of lack of use (Class 46)


District Court Stockholm declares Wonderland’s European patent invalid for Sweden due to lack of inventive step: Hilding Aktiebolag v. Wonderland AS (EPLAW)


Uganda Trademark Bill passes (Afro-IP)

United Kingdom

300th anniversary of Statute of Anne coming into force (Technology & Marketing Law Blog) (1709 Copyright Blog) ( (Securing Innovation)

UK Pirate Party announces 2010 election lineup (TorrentFreak)

United States
US General

US sees spate of IP policy activity (IP Watch)

Justice Stevens to retire from Supreme Court (Inventive Step) (IPKat)

US Patents

USPTO launches Ombudsman pilot program (Inventive Step) (Patentably Defined) (Anticipate This!) (Peter Zura’s 271 Patent Blog) (Daily Dose of IP)

USPTO announces streamlined procedure for appeal brief review (Patent Docs)

Are appeals at the Federal Circuit a ‘coin flip’? (Patently-O)

Five facts about patent quality (Patent Quality Review Blog)

US Patents – Decisions

CAFC: Means-plus-function claims – defining the scope of corresponding structure: Pressure Products Medical Supplies, Inc. v Greatbatch Ltd (Patently-O)

CAFC enforces agree-to but unsigned settlement terms: MedPointe Healthcare v Walter Kozachuk (not precedential) (Patently-O)

Distinguishing MedImmune: CAFC denies declaratory judgment jurisdiction: Innovative Therapies, Inc v Kinetic Concepts, Inc (Patently-O)

District Court N D Texas: Asserting infringement in counterclaim does not excuse patentee’s obligation to conduct pre-filing investigation: Highmark, Inc v. Allcare Health Management System, Inc. (Docket Report)

District Court M D Louisiana: Reexam statistics favour denial of stay pending reexam: Gator Tail, LLC v. Mud Buddy, LLC d/b/a Mud Buddy Manufacturing (Docket Report)

District Court Utah: Post-motion correction of discovery deficiency warrants sanctions: CleanCut v Rug Doctor et al (Docket Report)

District Court C D California answers: May an inventor previously employed by plaintiff’s predecessor-in-interest serve as an expert for defendant?: Everpure, LLC v. Selecto, Inc. (Docket Report)

ITC reverses and remands initial determination in investigation concerning hybrid electric vehicles and components thereof in dispute between Toyota and Paice (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Pequignot – False marking: CAFC holds Pequignot v Solo Cup oral argument (GRAY on Claims)

US Copyright

April 28 TACD meeting on ACTA and consumers, at the US Department of Commerce in Washington, DC (KEI)

US Copyright – Decisions

District Court S D Texas: ‘Impolite’ flea market vendor not liable for contributory copyright infringement: Sony Discos, Inc. v. E.J.C. Family Partnership (Copyright Litigation Blog)

2nd Circuit: Architectural works: Noninfringement of copyright on a Rule 12(b)(6) motion: Peter F Gaito Architecture, LLC v Simone Development Corp. (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Associated Press – AP wins discovery rulings in Shepard Fairey case, hires UCLA’s Doug Lichtman (Copyrights & Campaigns)

DeVore, Chuck – Chuck DeVore moves for summary judgment in Don Henley copyright suit; argues fair use of songs in parody videos (Copyrights & Campaigns)

Swiss Confederation – Another Swiss art dealer stole a Van Gogh from persecuted Jews: Andrew Orkin v Swiss Confederation et al (Copyright Litigation Blog)

US Trade Marks – Decisions

District Court S D New York finds Casino De Monte Carlo has no enforceable trademark rights to CASINO DE MONACO: In re Casino de Monaco Trademark Litigation (Las Vegas Trademark Attorney)

TTAB reverses 2(d) refusal of TITAN for commercial coffee brewers due to sophistication of purchasers: In re Bunn-O-Matic Corporation (not precedential) (TTABlog)

Test your TTAB judge-ability: Is EMIDIO TUCCI confusingly similar to EMILIO PUCCI for overlapping goods?: Emilio Pucci Int. B.V. v El Corte Ingles, S.A. (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Fred Beverages – CAFC hears oral argument in fee payment case: Fred Beverages, Inc v Fred’s Capital Management Company (TTABlog)

Mars – Zorro Productions sues Mars and ad agency BBDO Worldwide over ‘Zorro M&M’ (Trademark Blog of the Trademark Lawyer’s Mind)



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