General Global Week in Review 13 July 09 from IP Think Tank

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Highlights this week included:

CAFC to hear claim and continuation rule case en banc; litigation schedule set: Tafas v Doll (Filewrapper) (Patent Docs) (Peter Zura’s 271 Patent Blog) (Patently-O) (IP Watchdog) (Inventive Step) (IP Spotlight) (Gray on Claims) (Managing Intellectual Property) (Inventive Step)

District Court S D New York: Unauthorised sequel to J D Salinger’s ‘The Catcher in the Rye’ preliminary enjoined (Managing Intellectual Property) (Creative Commons) (Intellectual Property Watch) (The IP Law Blog)

Secretary Locke appoints Godici to assess USPTO challenges, assist transition to new director (Patent Docs) (IP Watchdog) (IP Watchdog) (Anticipate This!) (IAM) (Inventive Step)

Global – General

Intellectual Ventures Microsoft GSK and elephants – Thoughts on IAM magazine issue 36 Jul Aug 09 (IP Think Tank)

Video interviews with IP Hall of Fame inductees Dolores Hanna, Michael Kirk and Niels Reimers (IAM)

Next ACTA meeting 16-17 July, Morocco (Intellectual Property Watch)

World Customs Organisation meeting 25-27 June: Counterfeiting and Piracy (CAP) committee replaces controversial SECURE group, new mandate on health (Intellectual Property Watch)

WIPO becomes priority document exchange participant office (Patent Docs)

Mediator’s proposal: Take it or leave it by Robert J Rose of Sheldon Mak (IP ADR Blog)

The Piratenpartei and other aspects of IP war (BLOG@IP::JUR)

Insolvency, registered and unregistered design rights (IP finance)

Making aggressive opening offers (IP ADR Blog)

Getting deep inside the chief IP officer role (IAM)

Global – Trade Marks / Brands

Trade marks in corporate management structure: a further view (IP finance)

Global – Patents

The world’s most popular free patent search engines are… (IP Think Tank)

Pope Benedict VI on patents (Excess Copyright) (Michael Geist) (Patently-O) (I/P Updates Updates) (IAM) (The IP Factor)

Do patents really promote useful progress? – ‘Patents and the Regress of Useful Arts’ paper (Copyfight)

G8: Amid talks of climate, economy, food and health lies IP and innovation (Intellectual Property Watch)

Patent trolls: public business enemy no 1? (IP finance)

Patent perishables – The effects on a company’s patent portfolio when it goes bust (IPEG)


Supreme Court rejects application to appeal procedural ruling in copyright case over photos showing marijuana plants growing in the plaintiff’s residence: Agnieska Wojtanowska, et al v Daniel Mustard, et al (Excess Copyright)

Federal Court sets high standard of evidentiary detail, reaffirms local distinctiveness in trademark expungement case: Kamsut Inc v Jaymei Enterprises (Global IP Watch)

Royalties owed to bankrupt musician not ‘wages’: Re Friedman (IP finance)

Joining the fight against IP theft (IP Osgoode)


EU Customs Report 2008 about IPR enforcement activities not IPR infringements from China (IP Dragon)

Beijing district court repeals motorcycle maker Chongqing Lifan Industry Group Co’s ‘Hongda’ trade mark (The IP Factor)

Chinese companies understand the value of trademarks, YOUR trademark (China Law Blog)

Is nothing sacred? Trademark vs branding – Sci Fi Channel will now be called Syfy (China Hearsay)


CFI: Mars loses CTM right in 3D shape for chocolate snacks: Mars v OHIM, Ludwig Schokolade (Class 46) (The IP Factor)

CFI: James Bond fails again to defeat DR. NO CTM application: Danjaq v OHIM (Las Vegas Trademark Attorney)

‘Customs: Commission publishes 2008 statistics of Customs actions to enforce intellectual property rights at the EU’s external border’ – EU IPR border detentions up (IPKat)

Draft Rules of Procedure for a Unified Patent Litigation (BLOG@IP::JUR)

Fröhlinger review: MARQUES and other organisations send joint letter (Class 46)

Disputed balsamic vinegar among latest GI names to secure protection (Class 46)

Record year for EU Customs seizures (Managing Intellectual Property)


Berlin zoo and Neumünster zoo settlement dispute over ‘Knut polar bear brand’ (Class 46)


Greek courts raise the bar for ‘average consumer’? (Class 46)


An example from our Chinese neighbours – collective responsibility to guard against bad patents (Spicy IP)

Indian Patent Office to issue electronic notifications to patent applicants (Patent Circle)


Should the Association of Israel Patent Attorneys be a voluntary regulatory body? (The IP Factor)

The danger of non-regulated IP practitioners in Israel (The IP Factor)


Swiss-Kenyan project on GI launched (Afro-IP)

South Africa

‘Non-IP’ public lending right for South African authors? (Afro-IP)


Trade mark cancellation and damages: a matter of (bad) faith (Class 46)

United Kingdom

EWHC (Pat): No ruling on hypothetical issue: MMI Research Ltd v Cellxion Ltd (IPKat)

EWHC (Pat): EP 258 valid in Netherlands but not UK: Novartis AG and Cibavision AG v Johnson & Johnson Medical Ltd & Ors (PatLit)

EWHC: Trial judge says ‘Boileau’ to patent licence; appeal court agrees: Oxonica Energy Ltd v Neuftec Ltd (IPKat)

Company Names Tribunal Practice Notice 02/09 – joining co-respondents in name-change proceedings (Class 46)

Las Vegas Review Journal article covers US resident Panch Prasad’s trademark battle in England over DUBARRY for cosmetics (Las Vegas Trademark Attorney)

IPO’s 2008/09 IP Crime Report (IPKat)

Birmingham City Council considers applying for GI for ‘Balti’ (Spicy IP)

IPO press release ‘New trade mark services from the IPO make it cheaper and faster to kick start small businesses’ (IPKat)

United States
US General

Secretary Locke appoints Godici to assess USPTO challenges, assist transition to new director (Patent Docs) (IP Watchdog) (IP Watchdog) (Anticipate This!) (IAM) (Inventive Step)

House passes HR 3114 which permits patent side of the PTO to ‘borrow’ money from the trademark side (Inventive Step)

US Patent Reform

‘Reasonable royalty payments’ in need of a reform (IP Osgoode)

US Patents

USPTO initiates patent prosecution highway pilot program with Finland (Patent Docs)

Appeals ‘skyrocket’ at the USPTO (Peter Zura’s 271 Patent Blog)

Changing nature of inventing: collaborative inventing (Patently-O)

Ex parte re-examination pendency (Patently-O)

Inter partes re-examination statistics (Patently-O)

BPAI reversal rate set to jump, isn’t it? (IAM)

Office actions – page-count increasing (Patently-O)

Revision of procedures relating to amending PCT applications (Patent Docs)

Did you know how claim construction is handled in patent-based section 337 investigations? (ITC 337 Law Blog)

GOOD magazine article on Erich Spangenberg: The ethics of patent trolling (The Prior Art)

US Patents – Decisions

CAFC to hear claim and continuation rule case en banc; litigation schedule set: Tafas v Doll (Filewrapper) (Patent Docs) (Peter Zura’s 271 Patent Blog) (Patently-O) (IP Watchdog) (Inventive Step) (IP Spotlight) (Gray on Claims) (Managing Intellectual Property) (Inventive Step)

CAFC: Properly construed claims failed to read on preferred embodiment and were found indefinite: Purechoice v Honeywell Int’l (Gray on Claims)

CAFC rejects claim construction that was contrary to the patent specification: Cartner v Alamo Group (not precedential) (Gray on Claims)

CAFC: Prosecution history used to limit method claim to performing steps in specific order claimed: Fraser v High Liner Foods (USA) Inc (not precedential) (Gray on Claims) (Patently-O)

CAFC: Patent claim does not require meat to be safe for immediate raw consumption: Ecolab, Inc v FMC Corp (Gray on Claims)

District Court E D Texas: How not to follow an order granting a motion in limine – counsel gets 48 hours jail sentence: O2 Micro v Beyond Innovation (

District Court E D Texas: Jury finds wilful infringement, damages set at $52 million: LaserDynamics v Asus Computer International (

District court E D Virginia: ‘Patent marking’ case against solo cup dismissed: Matther A Pequignot v Solo Cup Co (Peter Zura’s 271 Patent Blog) (Patently-O)

ITC issues general exclusion order in certain hair iron investigation commenced in response to complaint by Farouk Systems against CHI Systems, Princess Silk and others (ITC 337 Law Blog)

ITC modifies certain claim constructions and remands investigation to ALJ Essex in matter concerning refrigerators and components involving complainants, Whirlpool companies and respondents, LG companies (ITC 337 Law Blog)

ITC decides not to review initial determination in investigation regarding composite wear components involving AIAE Engineering Limited and Vega Industries as respondents (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Einstruction Corporation – Einstruction files new 337 complaint regarding collaborative system products against Qomo HiteVision (ITC 337 Law Blog)

Fish & Richardson – Ex-Fish lawyer, Choongsoo Park, turns ‘troll’, taps former firm for suits (The Prior Art)

US Copyright – Decisions

District Court S D New York: Unauthorised sequel to J D Salinger’s ‘The Catcher in the Rye’ preliminary enjoined (Managing Intellectual Property) (Creative Commons) (Intellectual Property Watch) (The IP Law Blog)

US Copyright – Lawsuits and strategic steps

Beatles – Death of Michael Jackson leads to legal questions regarding future ownership of Beatles’ catalogue publishing rights (IP Osgoode)

US Trade Marks – Decisions

CAFC rules on whether SEED TO PLATE design marks are confusingly similar: In re Northland Organic Foods Corp (not precedential) (TTABlog)

District Court W D Washington finds use of Hendrix name fair but use of signature infringing: Experience Hendrix LLC v LTD (Seattle Trademark Lawyer)

9th Circuit adopts standard for recalls in trade mark infringement cases: Marlyn Nutraceuticals v Mucos Pharma (Seattle Trademark Lawyer)

TTAB affirms failure-to-function refusal of folded brochure as service mark: In re Sayah (not precedential) (TTABlog)

TTAB: Antler trade dress fails to function as a trademark for ammunition: In re Alliant Techsystems Inc (not precedential) (TTABlog)

TTAB dismisses 2(d) opposition: marks similar but goods and services, trade channels, and purchasers too different: General Cable Technologies Corporation v. National Rural Electric Cooperative Association (not precedential) (TTABlog)

TTAB says no and no to NAP OF THE CARIBBEAN double entendre argument: In re Centennial Communications Corp (not precedential) (TTABlog)

WYHA? TTAB affirms 2(e)(1) mere descriptiveness refusal of SENSOR DOME for kitchen cooktops: In re BSH Home Appliances Corporation (not precedential) (TTABlog)

WYHA? TTAB affirms 2(e)(4) surname refusal of MERIWETHER for cabinetry: In re Masco Builder Cabinet Group (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Amazon – Daigle Design claims infringes its WINDOW SHOPPING trademark (Seattle Trademark Lawyer)

Gosling’s Export (Bermuda) – Gosling’s protects its rights in the ‘Dark ‘n Stormy’ cocktail name, NYT reports (Seattle Trademark Lawyer)

Patrafico – Maker of Pez candy, Patrafico, sues Burlingname Museum of Pez Memorabilia for trade mark infringement (The IP Factor)



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