General Global Week in Review 12 June 2010 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:

Federal Circuit extends scope of 102(e) ‘secret prior art’: In re Giacomini (Patently-O) (Patentology) (Inventive Step)

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

Don’t align IP strategy with business strategy (IP Think Tank)

Welcome to our new site (IP Think Tank)

Valuing intangibles to get mainstream board and investor buy-in – is this the way? (IAM)

UNCITRAL: now’s there’s a supplement (IP finance)

Global – Trade Marks / Brands

Member States address non-traditional marks, advance work on industrial designs (WIPO) (Class 99)

World Cup Special 1 and 2: Bombshells, babes and ambush marketing (IP Whiteboard) (IP Whiteboard)

WIPO launches interactive map of Appellations of Origin registered under the Lisbon system (Class 46)

Global – Patents

The $10 billion market, but it should be much higher (IAM)

Global – Copyright

On the right to read for blind persons and others with print disabilities (Excess Copyright)

ACTA consensus on transparency breaks down (Michael Geist)

The ACTA time: An update (Michael Geist)

Greens/EFA call for ACTA transparency (Michael Geist)

ACTA negotiators vow to mesh with national-level rights; Withhold new text (IP Watch)


Federal Court orders publishers and songwriters of ‘Down Under’ to pay five percent of their royalties to Larrikin Music: Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (IP Whiteboard)

Satellite broadcast and trade mark use – FCA decision in Food Channel Network Pty Ltd v Television Food Network G.P. (ipwars)

Australian patent fees to rise on 1 August 2010 (Patentology)


Fly like a bird or sink like a stone – new names for geographical indications (IP tango)


Copyright Board issues commercial radio decision (Excess Copyright)

Trademark ownership: The legitimacy of the ‘Free-Rider’ argument and its significance in Canadian jurisprudence (IP Osgoode)

Uncovering the IP in eHealth records: Who should own your medical history? (IP Osgoode)

Canada’s intervention to SCCR 20: ‘International instrument on access to protected materials by persons with print disabilities’ (Knowledge Ecology International)


Plum D’Agne – Geographical indication: Chile’s sweet and tasty business (IP tango)


China IP.  I hate cats. – discussion of article concerning Westerners negiotiating with Chinese counterparties about IP (China Law for Business)

China describes TRIPS Council proposal on ACTA and other plurilateral enforcement agreements (Knowledge Ecology International)


EPO implicated in Golden Balls dispute (IPKat)

Peter weathers the peerstorm: Engelhorn KGaA v OHIM (Class 46)

An IP system for the 21st century: Francis Gurry speaks (IPKat)

AirPlus/A+ dispute heads for ultimate appeal: Lufthansa AirPlus Servicekarten GmbH v Office for Harmonisation in the Internal Market, Applus Servicios Tecnológicos, SL (Class 46)

New European patent rules (Intellectual Property Directions)


Springtime IP (in Paris that is) (IP Solutions)


The case of unnecessary confusion and the seemingly innocent notification! (Spicy IP)

Experimental use exception: an Indian perspective (Spicy IP)


Ireland opts to retain relative grounds examinations (Class 46)


Israel Court rules copyright and moral right infringement against publisher: Ardov vs. Betar Jerusalem and Media 41 LTD (IP Factor)

Serving papers in Palestinian Autonomy (IP Factor)

Chinese Commissioner of Patents speaks in Tel Aviv (IP Factor)


Italy signs up for Singapore (Class 46)

A pig’s ear: Soprèssa Vicentina PDO spec amended (Class 46)

South Africa

Slipping through the net: SA loses to fakers (Afro-IP)

‘You say vuvuzela, I say lepatata…’ (IPKat)


Priority in filing: does every minute count? Génesis Seguros Generales Sociedad Anónima de Seguros y Reaseguros (GENESIS) v Boys Toys S.A., Administración del Estado (Class 46)

Montes de Toledo PDO amended (Class 46)

Arbitration ruling on the transfer of the PUMA trade marks in Spain (Class 46) (Property, intangible)


ALTEC LANSING is heard (Class 46)


Interim injunctive relief in Tanzania (Afro-IP)


First Thai agricultural product on its way to get PGI status (Class 46)


WIPO and Ukraine agree on closer collaboration (WIPO)

United Kingdom

EWCA: Contingent invalidity appeal spared by bifurcation: Medtronic CoreValve LLC (formerly CoreValve Inc) v Edwards Lifesciences AG and Edwards Lifesciences PVT Inc (PatLit) (EPLAW)

Does a ‘reverse-Edwards’ strangle priority? Edwards Lifesciences AG v Cook Biotech Incorporated (IPKat)

England’s new shirt sponsors? (IPKat)

United States

US General

Interview with White House ‘IP Czar’, Victoria Espinel (PatLit)

When a school boy’s trick meets strangers in a train (or in the Air) – trade secrets and strangers: E.I. du Pont de Nemours & Co. v Christopher (IPKat)

USPTO invites comments on strategic plan (IP Watch) (USPTO)

US Patent Reform

Unreasonable patent applicant delay and the USPTO backlog (Patently-O)

US Patents

June IP Update podcast: Bilski, Edwards, Flos (SOLO Independent IP Practitioners)

USPTO’s short-term Bilski approach: ‘reject first, ask questions later’ (271 Patent Blog)

PTO reaction to Bilski (Inventive Step)

A PET aversion? Biorenewable monomers take centre stage (IPKat)

US Patents – Decisions

Federal Circuit extends scope of 102(e) ‘secret prior art’: In re Giacomini (Patently-O) (Patentology) (Inventive Step)

District Court erroneously gives claim term two different constructions in a single claim: Haemonetics Corp. v. Baxter Healthcare Corp (Gray on Claims)

District Court E D Texas: Qui tam plaintiff cites Professor Crouch’s question to readers as proof that patent expiration dates are not readily ascertainable: North Texas Patent Group, Inc. v. The Hain Celestial Group, Inc (Docket Report)

District Court N D Texas: False marking intent to deceive may be inferred from marking of expired patent numbers: Patent Compliance Group Inc. v. InterDesign Inc. (Docket Report)

District Court Delaware: Delay seeking inventor’s deposition sinks inequitable conduct defense: MagSil Corp. et al v. Seagate Technology et al. (Docket Report)

US Patents – Lawsuits and strategic steps

Interactive Life Forms LLC – ILF brings patent suit in W D Texas against more than 20 companies concerning sex toy (Patentology)

Interactive Life Forms LLC – ILF files new 337 complaint regarding devices containing elastomeric gel (ITC 337 Law Blog)

Life Technologies – Midland settles with Life Technologies in fluorescence probe infringement suit (Patent Docs)

LSI Corp – ALJ Charneski issues public versions of orders on evidentiary and discovery matters in certain semiconductor integrated circuits using tungsten metallization (337-TA-648) (ITC Law Blog)

WhitServe – Patent owner sues customers of CPi’s annuity and renewal services: WhitServe v Intel Brinks Et Al Patent Docketing (Trademark Blog)

US Copyright

Copyright Law: WSJ column endorses Prof. Lawrence Lessig ‘on the economics’: curse of the copyright holders (Copyright Litigation Blog)

US Copyright Decisions

District Court Massachusetts: Not much hope left – copyright claim time-barred, claim for unjust enrichment pre-empted: Jürek Zamoyski v. Fifty-Six Hope Road Music Limited, Inc. (Property, intangible)

US Trademarks

US rightsholders seek narrower scope of ACTA, clarity on trademark infringement vs. counterfeiting (IP Watch)

US Trade Marks – Decision

CAFC affirms TTAB’s mere descriptiveness ruling in E-LEX case: In re The Lex Group VA (TTABlog)

TTAB Precedential No. 28: Finding lack of bona fide intent, TTAB sustains MITHRIL opposition: The Saul Zaentz Company dba Tolkien Enterprises v. Joseph M. Bumb (TTABlog)

District Court S D New York: YSL v Costco Quality King, et al – Third party practice (Trademark Blog)

US Trade Marks – Lawsuits and strategic steps

Mike Tyson – Trade mark fight with Michael Landrum for the title (Trademark Blog of the Trademark Lawyer’s Mind)

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