General Global Week in Review 15 November 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:

‘There will never be unanimity,’ admits EU presidency as single patent dream dies (IAM) (Visae Patentes) (IP:JUR) (IPKat)

CAFC removes limitations on new evidence in §145 Civil Actions against USPTO: Hyatt v. Kappos (271 Patent Blog) (Patently-O)

Belgian band wins case against theatre for infringing use of CC-licensed song (Creative Commons) (1709 Blog)

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

33 (make that 38) intellectual property mistakes and how to avoid them (IP Think Tank)

Don’t lose freedom of operation (no. 7 in our list of IP mistakes) (IP Think Tank)

IPBC all set for San Francisco as preliminary programme is published for June 2011 (IAM)

Global – Trade Marks / Brands

Trade marks and brands ‘overlooked’ (IPKat)

Nostalgic Brands: Can they be auctioned? (IPKat) (IPBiz)

Meet the trademark troll (IP finance)

Global – Copyright

Copyright Law, Getting in the way of getting copyrighted works (1709 Blog)

Global Copyright Reform: A view from The South in response to Lessig (IP Watch)

Yet another round of ACTA negotiations in sight (IP:JUR)

WIPO Copyright Committee in fight to overcome differences on exceptions, limitations (IP Watch)

Six recent secret ACTA documents (Knowledge Ecology International)

The final conclusions for WIPO SCCR 21 (Knowledge Ecology International)

SCCR21: Proposal for the consideration of the African Group on a Decision on SCCR (Knowledge Ecology International)

WIPO SCCR21: Group B proposal on a work program for Copyright exceptions and limitations (Knowledge Ecology International)

KEI statement at SCCR 21 (Knowledge Ecology International)

Communication to SCCR delegates regarding the beneficiaries of a new WIPO treaty for copyright exceptions for disabilities (Knowledge Ecology International)

Global – Patents

Informal innovators and fostering more access to the patent system (Spicy IP)


Africa and ACTA (Afro-IP)

Expensive textbooks, high levels of infringement and high levels of respect for copyright all common in Africa (Afro-IP)


Storm in a contour bottle? – The Coca-Cola Company v Pepsico Inc & Ors (The Fortnightly Review)


Belgian band wins case against theatre for infringing use of CC-licensed song (Creative Commons) (1709 Blog)


Bulgaria seeks GI protection for Rakia (Class 46)


A short quiz: Guess the source of this fair dealing ‘Guidelines’ document (Excess Copyright)

Access copyright plea to negotiate too little, too late (Michael Geist)

The ‘Group of 99’, access copyright and the Copyright Board – another update (Excess Copyright)


China trade policy and reciprocity (China Hearsay)

Managing IP’s China Trends Survey (Inovia)

Another mass IPR campaign in China: Groundhog day all over again (IP Dragon)


Good news for Greenland, but not the Faroes – Madrid Protocol (Class 46)

Hague will not not apply to Greenland, say Danes, but Faroes remain in the cold (Class 99)


The IPKat goes to see the President (IPKat)

 ‘There will never be unanimity,’ admits EU presidency as single patent dream dies (IAM) (Visae Patentes)

Spanish Government knocking down compromise on EU patent languages regime (IP:JUR) (IPKat)

Yet another approach to reach EU patent compromise (IP:JUR) (Visae Patentes) (IPKat)

IP provisions of the EU-Central America Association Agreement and development issues (jiplp)

National laws on on Community Trade Marks and Designs of the 27 EU countries available in 5 languages (Class 46)

European Parliament crowdsources draft ACTA resolution (Michael Geist)

EU leak on ACTA shows path to completion (IP Watch)

More EPO rule changes – this time it’s good news (mostly) (IPKat)

Technical functionality? Start using the correct fax number! (Class 99)

GRAIN MILLERS go for ruling on ‘more than local significance’ use: Grain Millers, Inc. v OHIM (Class 46)


Fraudulent trade mark filing (Class 46)


Camtek files suit in German Federal Court alleging Rudolph’s edge inspection equipment infringes its patent (IP Factor)


Guzaarish in copyright controversy (Spicy IP)

Preparing for the patent agent exam (Spicy IP)

Bachhan lodges protest not in sotto voce, but in Customary Baritone (Spicy IP)

Compulsory licensing dispute between PPL and radio stations lands up before the Madras High Court (Spicy IP)


No incorporation by reference in Israel patent applications (IP Factor)

Cancelled Israel opposition recancelled (IP Factor)

Patent application successfully opposed as lacking inventive step converted to patent of addition (IP Factor)


Vastedda della valle del Belìce secures PDO protection (Class 46)


District Court of The Hague: Ex parte order Kedge Holding v. Roof Security (EPLAW)

Miffy miffed by Cathy – Kitty the kopy kat’s friend (IP Factor)


Topshop trouble in Norway (Class 46)


GUCCI v. GUCIO (Class 46)



Silence, secrecy and mystery: information on trade mark litigation in Slovakia (IPKat)


Stockholm District Court: Time bars for transfer of patent claims: Björn Persson v. LightAir (EPLAW)


Madonna: no mercy from the highest court (of Switzerland) (Class 46)


Bahrain – new Implementing Regs enter force (Class 99)

United Kingdom

Collecting from charity to be balanced against collecting for charity – new deal between charities and music creators (1709 Blog)

The PCC Page, no.5: taking a look at the road map (PatLit)

UK: Mr Ian Hargreaves to lead independent review into how IP system can better drive growth and innovation (IP:JUR) (Class 99)

Brands, trademarks and their roles as motors of innovation (IAM)

Journalism Professor to lead UK review of IP & growth (IP Watch)

EWPC: To transfer or not to transfer: that is the question: ALK-Abello Ltd v Meridian Medical Technologies (IPKat)

Public sector lost opportunities – the power of the brand – Hector the Taxman (IPKat)

United States

US Patent Reform

Lamar Smith on Patent Reform (IPBiz)

US Patents

Two en banc arguments at Federal Circuit this week: Therasense v. Becton Dickinson; TiVo v. EchoStar (Inventive Step) (Patently-O)

Therasense to amplify demand for patent reexamination? (Patents Post Grant Blog)

Patent reexamination filings at an all time high (Patents Post Grant Blog)

Chisum: Gottschalk v. Benson is a ‘failure’ (271 Patent Blog)

Second peer-to-patent pilot phase has begun – UK-IPO might join later (IP:JUR)

First Action Pendency and RCEs drop in October (Director’s Forum)

USPTO plans to extend ‘Green Technology Pilot Program’ (IPBiz)

UPDATE: Investigating patent law’s presumption of validity (Patently-O)

US Patents – Decisions

CAFC removes limitations on new evidence in §145 Civil Actions against USPTO: Hyatt v. Kappos (271 Patent Blog) (Patently-O)

District Court E D Texas: A bridge too far: Following jury verdict of infringement and invalidity defendant failed to show inequitable conduct by clear and convincing evidence: Mettler-Toledo, Inc v. Fairbanks Scales Inc et al (

District Court W D North Carolina: When an assignor is not stopped: Borgwarmer v Honeywell (Property, intangible)

Bull in Bilski’s china shop: B of A’s financial instrument: Ex Parte Birle (12:01 Tuesday)

District Court S D Florida: Court labels claims transformed in patent reexamination mere disguise: Aspex Eyewear v Marchon Eyewear (Patents Post Grant Blog)

District Court S D California: ‘Unreasonable,’ ‘excessive,’ and wasteful litigation tactics do not warrant award of attorneys’ fees: Allstar Tire & Wheel, Inc. v. Wheel Pros, Inc., et. al.; Mintz v Dietz and Watson (Docket Report)

District Court N D Illinois: False marking case dismissed with prejudice for failure to plead intent: McNamara v. Natural Organics, Inc (Chicago IP Litigation Blog)

BPAI reverses an examiner’s rejection of a razor head for shaving invention as anticipated over pizza cutter art: Ex parte James Richard Colthurst (Anticipate This!)

US Patents – Lawsuits and strategic steps

Hewlett-Packard – ALJ Rogers grants motions to terminate investigation as to certain respondents in Certain Inkjet Ink Cartridges with Printheads (337-TA-723) (ITC Law Blog) (ITC 337 Update)

Lockwood – Sham reexamination requests and Federal pre-emption: Lockwood v. Sheppard Mullin pending before the CAFC (Patently-O) (Patents Post Grant Blog)

Nike – Motion to transfer venue granted: Factors favored transfer & plaintiff’s location ‘recent, ephemeral’: Affinity Labs of Texas, LLC v. Nike, Inc. et al. ( (Docket Report)

Rolls-Royce – New complaint filed by United Technologies Corporation against Rolls-Royce (ITC 337 Update)

United Technologies Corporation – UTC files new 337 complaint regarding Certain Turbomachinery Blades (ITC Law Blog)

US Copyright – Lawsuits and strategic steps

Black Eyed Peas – I Gotta Feeling … that I’ve heard that somewhere before – copyright infringement claims in relation to BEP’s songs ‘I Gotta Feeling’ and ‘Boom Boom Pow’ (IP Whiteboard)

Gaudio, Monica – The Cooks Source case: Public Domain vs. Public Domain (PlagiarismToday) (PlagiarismToday)

Omega – Supreme Court hears arguments regarding first sale doctrine and international purchases: Costco Wholesale Corp. v. Omega S.A. (Filewrapper) (Public Knowledge)

US Trademarks

Fraud and lack of bona fide intent: some thoughts on remedies (TTABlog)

US Trade Marks – Decisions

9th Circuit reverses harsh dismissal of claims, encourages attorney civility: Ahanchian v. Xenon Pictures, Inc (Seattle Trademark Lawyer)

9th Circuit finds insurer had duty to defend trademark infringement claim: NFL Properties LLC v. All Authentic Corp (Seattle Trademark Lawyer)

Test your TTAB judge-ability on this specimen of use for health-care administration services: In re Gateway Health Plan (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Hells Angels – Gang warfare just isn’t what it used to be… trademark complaint: Hells Angels v McQueen (IP Whiteboard)

Major League Baseball – TTAB Bully Watch: Major League Baseball opposes design mark comprising a head wearing a reversed baseball cap (TTABlog)

National Products – Court denies motion to review attorney’s fees records in camera: National Products, Inc. v. Gamber-Johnson LLC (Seattle Trademark Lawyer)

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