General Global Week in Review 13 December 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:

Enhanced cooperation the way forward for EU patent (EPLAW) (IP:Jur) (PatLit) (IPKat) (IPKat) (IAM)

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

Vale Muffin, Vale EU Patent, IP auctions and Royal weddings – IP Think Tank podcast (IP Think Tank)

File too early (no. 9 in our list of IP mistakes) (IP Think Tank)

Fail to leverage innovation created outside the organization (no. 20 in our list of IP mistakes) (IP Think Tank)

Does IP contribute to business growth? (Innovationpartners)

WTO session on GIs, Part of Doha ‘final countdown’ (IP Watch)

Global – Copyright

Final version of ACTA posted (Michael Geist) (IP Watch)


AusPat beta launched (The Patent Librarian’s Notebook)


FIFA, INPI meet re World Cup 2014 and trademarks (IP tango)


AC’s ‘Draft Statement of Interim Royalties to Be Collected by the Canadian Copyright Licensing Agency (Access Copyright)’ (Excess Copyright) (Excess Copright) (Excess Copyright)

Copyright Board responds to Katz and AUCC’s requests for delays in AC matter (Excess Copyright) (Excess Copyright) (Excess Copyright) (Excess Copyright)

Objections to the AC’s proposed interim tariff (Excess Copyright)


Co-branding to associate China products with Western quality (IP Dragon)

China companies favor China IPOs (India Patents)

Innovative Copycats – should they be protected? (IP Dragon)

China’s IP exchange – real potential (IAM)

32 Senators urge Vice-Premier State Council to fix IPR and indigenous innovation policy in China (IP Dragon)

UK Border Agency seizes Nike counterfeit shoes originating from China (IP Osgoode)


Introduction of LATIPAT PRS data in the EPO worldwide legal status database (EPO)

Denomination of Origin granted to Peruvian ceramics and Mexican Tequila (IP tango)

Colombia and Peru moving towards free trade agreement with the European Union (IP tango)


Enhanced cooperation the way forward for EU patent (EPLAW) (IP:Jur) (PatLit) (IPKat) (IPKat) (IAM)

Good news regarding Rule 141 EPC (IPKat)

Proposal for new PDO/PGI Regulation published (Class 46)

General Court decides in La Perla’s favour in T-59/08 (Class 46)

General Court: Casing of a motor of heating pump: 3-D Shape not distinctive: T-253/09, T-254/09 (Class 46)

General Court: NATURALLY ACTIVE lacks distinctive character: T-307/09 (Class 46)

CERN Library releases book catalogue into public domain via CC0 (Creative Commons)


Court of Appeal Paris: Patent for ophthalmically compatible extended wear contact lenses valid and infringed: Novartis v. Johnson & Johnson (Kluwer Patent Blog)


Federal Court hands down judgment in copyright dispute concerning publication of book abstracts between newspapers FAZ and SZ and culture magazine Perlentaucher (1709 Blog)


Bacardi keeps Kleanthis MARTINI clothes off the Greek market: Bacardi & Company Limited v Michael Kleanthis & Sons OE (Class 46)


London Agreement to come into effect for Hungary (Inovia IP)


WIPO Director General meets Vice President of Guatemala and addresses Ministerial meeting (WIPO)


Does EU-India FTA serve mutual interests? Policymakers, NGOs disagree (IP Watch)

New Bollywood copyright proposals (1709 Blog)

Radio Broadcasters request to consolidate appeals in compulsory licensing dispute (Spicy IP)

Parmar vs Rengaswamy for IPAB ‘technical member’ position (Spicy IP)


Proposed new expedited examination program to make examination in Israel more attractive (America-Israel Patent Law)

Will Israel be joining the U.S. Patent Prosecution Highway? (America-Israel Patent Law)

More on the ILPTO’s notice re PCT priority claims in the USA (America-Israel Patent Law)

Commissioner of Patents admits to flouting the law; Status of thousands of patents questionable (America-Israel Patent Law)

Rejection of EASYLABOUR for birthing equipment upheld (IP Factor)


Patent tax exemption removed (IP finance)


Korean appeal statistics (PatLit)


District Court of The Hague rejects preliminary injunction request: Global Factories v. Ziuz (EPLAW)

District Court of The Hague refuses to lift injunction: Middenweg v. Multispike (EPLAW)


Reputed trade marks and likelihood of obtaining unfair advantage (Class 46)

South Africa

SCA clarify procedure under the Counterfeit Goods Act (Afro-IP)

South Gauteng High Court interim decision in reverse engineering copyright case Honda Giken Kogyo Kabushiki Kaisha v. Hoffmann International (Pty) Ltd (Afro-IP)


Federal Administrative Court: LOUIS BOSTON not a geographic indication (Class 46)

United Kingdom

Notes from ‘Comparative Perspectives on Protecting Products by Patents’ seminar (PatLit)

Music and IP Conference report (IPKat) (IPKat) (IPKat) (IPKat)

Benefits of new British tax patent incentive (IAM) (IP finance)

Panel of experts to lead independent review into IP and growth announced (IPKat) (IPKat)

Chris Ryan reports on the CIPA Seminar (PatLit)

EWPCC: Merely allowing others to infringe is not an infringement: Media C.A.T. Ltd v A to H (1709 Blog)

EWHC(Ch) denies application for copies of documents on court file in confidentiality case ABC Ltd v Y (IPKat)

United States

US General

New House Judiciary Chairman Smith vows to protect IP (Copyrights & Campaigns)

US Patents

Design patents and the fashion industry (Patently-O)

30th Anniversary for Bayh-Dole Act – Senator Bayh’s Speech (Patently BIOtech) (IPKat) (Patently BIOtech) interview of Bayh-Dole insider (Patently BIOtech)

USPTO issues mea culpa: Some patent application information made available too early (and not through Wikileaks) (America-Israel Patent Law)

US patent legislation – compare and contrast (IAM)

PTO implements 24 month provisional program (Inventive Step)

PwC publishes 2010 Patent Litigation Study (271 Patent Blog)

The USPTO’s consistent inconsistency (America-Israel Patent Law)

US Patents – Decisions

CAFC: Even in the world’s only first-to-invent jurisdiction, you don’t have to be the first to invent: Solvay v Honeywell International (America-Israel Patent Law)

CAFC uses prosecution disclaimer; rejects claim differentiation argument: ERBE Elecktromedizin GmbH v. Canady Tech. LLC (Gray on Claims)

District Court E D Texas: Filing privileged documents under seal and serving opposing parties waives privilege: First American CoreLogic, Inc. v. Fiserv, Inc., et. al. (Docket Report) (

District Court E D Texas: Acts of inducement may be inferred from defendant’s pre-issuance conduct: SynQor, Inc. v. Artesyn Technologies, Inc., et. al. (Docket Report)

District Court N D California: False advertisement through third parties may constitute false marking, but facts must be pled with particularity: United States of America, ex. rel., et. al. v. Factor Nutrition Labs, LLC (Docket Report)

US Patents – Lawsuits and strategic steps

BP Lubricants – United States files amicus curiae brief arguing that Rule 9(b) should apply in false marking cases – In re BP Lubricants USA Inc (Gray on Claims)

Butterball – False marking plaintiffs get creative and dig deeper to support intent to deceive allegations: Buyers v. Butterball, LLC (Docket Report)

Draco Hygienic Products – ALJ Gildea grants motion terminating Draco respondents from Inv. No. 337-TA-718 Certain Electronic Paper Towel Dispensing Devices and Components Thereof (ITC 337 Update)

Louis Vuitton – LV files new 337 complaint regarding Certain Handbags (ITC Law Blog) (ITC 337 Update)

Radiodetection – ALJ Bullock grants motion to terminate investigation in Certain Underground Cable and Pipe Locators (337-TA-727) (ITC Law Blog)

SEB – Amicus briefs for Global-Tech v. SEB (Patently-O)

United Technologies Corporation – ITC institutes investigation (337-TA-751) regarding Certain Turbomachinery Blades, Engines (ITC Law Blog)

US Copyright

Public Knowledge proposes plan to modernize copyright office (Public Knowledge)

University of Michigan releases bibliographic records into public domain via CC0 (Creative Commons)

US Copyright – Decisions

District Court Massachusetts grants summary judgment in cook book copyright case: Hassett v Hasselbeck (The Docket)

US Copyright – Lawsuits and strategic steps

Clarke However they are styled, claims involving copyright ownership are federal questions – motion to remand to state court denied: Clarke v. Gregory (Chicago IP Litigation Blog)

Healix – Discovery motion denied for failure to meet and confer: Healix Infusion Therapy, Inc. v. HHI Infusion Servs., Inc. (Chicago IP Litigation Blog)

International Game Technology – Department of Justice busts planned counterfeit slot machines operation (ArsTechnica)

US Trademarks

Enhancing electronic communications for trademarks (Director’s Forum)

US Trade Marks – Decisions

9th Circuit: Naked license in trademark leads to abandonment: FreeCycle Sunnyvale v. The FreeCycle Network (IPBiz) (IP Spotlight)

District Court E D North Carolina grants defendant summary judgment on federal and state law trade mark infringement claims in The Daniel Group v. Service Performance Group, Inc. (Property, intangible)

TTAB sustains 2(d) and 2(a) opposition, finding USPS Blue Mailbox famous (TTABlog)

TTAB affirms FIRSTAIDE generic for bandages and kits(TTABlog)

US Trade Marks – Lawsuits and strategic steps

Home Depot – Home Depot seeking to stop other ‘Depots’ (Vegas Trademark Attorney)

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