General Global Week in Review 16 Nov 09 from IP Think Tank

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Highlights this week included:

Putting the USPTO to work for independent inventors (Director’s Forum) (Inventive Step) (IP Asset Maximizer Blog) (Patently-O)

Tafas v Kappos – CAFC dismisses Tafas suit against Rules; leaves lower court ruling in tact (Patent Baristas) (Patently-O) (Patent Docs) (America-Israel Patent Law)

Global – General

Global reactions to ACTA (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist)

ACTA shall be concluded in 2010 – negotiating countries make joint statement (Michael Geist)

WIPO IT Committee’s proposed broad mandate raised questions (IP Watch)

The road to Copenhagen: IP and climate change (JIPLP) (IP Osgoode)

5th International Forum on Creativity and Inventions opens with emphasis on need for balance in IP systems (WIPO)

Global – Patents

Trilateral patent offices to launch new work sharing projects (IP Watch)

Global – Copyright

Panel at WIPO event calls for disclosure of industry methodology assessing losses to piracy for developing countries (IP Watch)

Keeping a global eye on copyright law (EFF) (EFF)


‘Rolex Gang’ gate crashes IP Crammer seminar, thoughts on Kenya Industrial Property Tribunal ruling in Chemserve Cleaning Services v Sanitam Services (Afro-IP)


The whiff of trademarks: scent marks reach Argentina (IP tango)


Government announces it will not change limitations in Copyright Act on parallel import of books (ipwars)

Vegemite iSnack 2.0 – impact from a trade mark or branding perspective (ipwars)

Creole/Oreo biscuits: Coles changes name of biscuit (

IP Australia’s IP tax advice (IP finance)


Incremental patents under criticism (Koury Lopes Advogados)

Sport-related events, counterfeiting and ambush, guerrilla marketing (Koury Lopes Advogados)

New trademark examination procedure guidelines (Koury Lopes Advogados)


Proving a trademark licence – Federal Court decision in Nova Scotia Company v Lang Michener LLP and Registrar of Trademarks (Canadian Trademark Blog)


China emerges as world leader in IP finance (IAM)

China draft law proposes new patent standards (IP Watch)

R&D in China: no genuine research, only development thanks to poor execution of IPR laws (IP Dragon)


ECJ references on customs seizure rules concerning counterfeits in transit through the EU without evidence of likely diversion to EU market: UK case Nokia v HMRC and Belgian case NV Koninklijke Philips Electronics v Far East Sourcing Limited (The IPKat) (The IPKat)

CFI: The mechanics of requesting trade mark proof of use: Harwin International LLC v OHIM, Cuadrado SA (jiplp)

OHIM Board of Appeal: Novelty v individual character– it’s the nose, stupid!: Normann Copenhagen ApS v Paton Calvert Housewares Limted (Class 99)

Third-party observations: new OHIM practice statement (Marques)

The next EPO President – the results are in from IPKat poll (IPKat)

EPO presidency vote – the plot thickens as Swiss candidate claims to be in pole position (IAM)

Inventive step focus in the EPO? (Innovationpartners)


Ferrero v FIFA (in World Cup trade mark dispute) – 1:0 says the German Bundesgerichtshof (IPKat)


WIPO Director General pledges support for India’s visually impaired community (WIPO)

Delhi High Court on working of patents and S 107A(b) Strix Limited v. Maharaja Appliances (Spicy IP)

Amending the Copyright Act to provide justice for all… (Spicy IP)

India will be working as ISA by June 2010: IPO (Spicy IP)


Riverdance: Kelly takes steps to settle – Jen Kelly’s action withdrawn (IPKat)


Italian laws rigidifies discipline of use of MADE IN ITALY (Marques)

La Bella della Daunia: PDO changes approved (Marques)


Israel IP fraud squad supports Maccabi Haifa football team (IP Factor)


Descriptive and distinctive marks – walking a fine line between granting or not granting registration in Peru (IP tango)


Can real food serve as a trade mark? (Marques)


Carrefour, brands and the Russian market (IP finance)

South Africa

Supreme Court of Appeal decision in Mr Video case concerning parallel importation of DVDs (Afro-IP)


Can Sweden bring political IP unity before year’s end? (IPEG)

United Kingdom

EWHC: Registry decision leads to High Court estoppels: William Evans and Susan Mary Evans (trading as Firecraft) v Focal Point Fires plc (Marques)

Lord Hoffmann on patentability of software and business methods (IPKat)

Making life more comfy for designers? (Class 99)

United States
US General

Wisconsin judge vacates $ 1.26 billion judgment in default against PepsiCo (IPKat) (IP Factor)

California Court of Appeal: Von Dutch tradename settlement gives rise to legal malpractice action and questionable mediation confidentiality decision: Michael Cassel v Superior Court of Los Angeles County (The IP ADR Blog)

US Patent Reform

Putting the USPTO to work for independent inventors (Director’s Forum) (Inventive Step) (IP Asset Maximizer Blog) (Patently-O)

No parties for Kappos yet as critics question patent reform legislation (IPKat)

Survey of disruptive impact of first-to-file switch (Patently-O)

US Patents

USPTO proposes Patents Ombudsman pilot program (Patent Docs)

Class 705 reorganised (Patent Librarian’s Notebook)

Latest clean energy patent growth index results announced (IP Frontline)

The Coinco strategy – what can go wrong with ownership of patents within a corporate enterprise Mars, Inc v Coin Acceptors; Novartis Pharmaceuticals v Teva Pharmaceuticals (Property, intangible)

The audacity of the USPTO – PTO Deputy Director speech (

Claiming the benefit of priority, examples of how to do it, and how to correct a failure to make a claim (Patentably Defined)

US patent counts, Q3 2009 (Patent Librarian’s Notebook)

US Patents – Decisions

Tafas v Kappos – CAFC dismisses Tafas suit against Rules; leaves lower court ruling in tact (Patent Baristas) (Patently-O) (Patent Docs) (America-Israel Patent Law)

District Court E D Texas: Patent revival defense could not be based on A § 102(c): Abstrax, Inc v Dell, Inc (IP Frontline)

Marshall Jury finds patent infringed, not invalid, damages of $5 million: Retractable Technologies v. Becton Dickinson (

District Court E D New York: Federal police power trumps patent law: IRIS Corporation v Japan Airlines (IP Frontline)

Delaware Court: Honeywell patents on LCDs nixed: court dismisses claim of patent infringement: Honeywell v Fujifilm and Samsung (Managing IP)

District Court W D of Wisconsin denies motion claim for claim construction in full: Semiconductor Energy Lab Co v Samsung Elecs. (Gray On Claims)

Precedential BPAI opinion rejects functional claim elements as indefinite and not enabled: Ex parte Rodriguez (Patently-O)

BPAI issues opinions on four NTP patent re-examinations (12:01 Tuesday)

ITC decides not to review ALJ’s grant of Rambus’ summary determination motion that its licensing activities satisfy the domestic industry requirement in certain semiconductor chips (337-TA-661) (ITC Law Blog)

ITC issues final determination of no violation in matter concerning probe card assemblies commenced in response to complaint by FormFactor (ITC Law Blog)

ITC issues final determination of violation in matter involving Sharp and Samsung concerning liquid crystal display modules (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Akeena Solar – Akeena DJ and infringement action aims to ease mounting tension: Akeena Solar v Zep Solar, Inc (Green Patent Blog)

B&R Plastics – B&R files new 337 complaint regarding certain foldable stools (ITC Law Blog)

Bilski – Supreme Court hears oral arguments in Bilski v Kappos (The Prior Art) (Ars Technica) (Chicago Intellectual Property Law Blog) (Patent Baristas) (Filewrapper) (Inventive Step) (IPKat)

John Mezzalingua Associates (dba PPC) – ALJ Gildea issues public version of initial determination finding defaulting respondents in violation of s 337 in matter concerning coaxial cable connectors commenced by PPC (ITC Law Blog)

Knowles Electronics – Knowles files new 337 complaint against Analog Devices regarding silicon microphone packages (ITC 337 Law Blog)

Target –Two more patents for retailing giant Target covering: cosmetic case and method for activating stored value cards (12:01 Tuesday)

Thermapure – setting the stage for retrial: Thermapure v Water Out Drying. Corp. (

US Army – More DOA patents (12:01 Tuesday)

US Copyright – Decisions

Reporting on 6th Circuit decision in Bridgeport Music v UMG Recordings concerning copyright in ‘Bow wow wow, yippie yo, yippie yea’ and accompanying musical elements (The 1709 Copyright Blog) (Property, intangible)

District Court W D Washington dismisses Freedom of Information Act suit for information on counterfeit seizures: Watkins v US Bureau of Customs and Border Protection (Seattle Trademark Lawyer)

US Trademarks

Brand Assassins: (ISinIP)

Insurance coverage for trade mark infringement actions: Kim Seng Company v Great American Insurance Co of New York (IP ADR Blog)

US Trade Marks – Decisions

CAFC affirms TTAB genericness ruling re MATTRESS.COM: In re IP, LLC (precedential) (TTABlog)

District Court N D California allows owner to delete unused goods from trademark registration: One True Vine, LLC v The Wine Group (Seattle Trademark Lawyer) (TTABlog)

TTAB Precedential No. 46: TTAB finds two ANTHONY’S marks confusingly similar for pizza restaurant Anthony’s Pizza & Pasta International, Inc v Anthony’s Pizza Holding Company, Inc (TTABlog)

TTAB affirms genericness refusal of GOJI BERRY: In re Bradley Dobos (not precedential) (TTABlog)

Test your TTAB Judge-ability: is the stylisation of JUMBOZ inherently distinctive? In re Dakota Natural Foods, Inc (not precedential)(TTABlog)

US Trade Marks – Lawsuits and strategic steps

Buffer, Michael – ‘Let’s rumble…’ but how much is it worth – ‘Let’s get ready to rumble’ catchphrase slogan has netted owner $400 million (IP finance)

CMG Brands – Marilyn Monroe’s licensing company sues calendar publisher over unauthorised use of ‘name, trademark and image of Marilyn Monroe’: CMG Brands v Moseley Road (Seattle Trademark Lawyer)

Mattel – CAFC hears oral argument in CRASH DUMMIES appeal: Mattel, Inc v The Crash Dummy Movie (TTABlog)

McDonald’s – McDonald’s walks into a naming and branding lion’s den – Lion’s Tap settles trademark suit against McDonald’s over ‘Who’s Your Patty’ slogan (The Product Naming Blog)

Rocky Brands – Topline sues boot designer over use of FLIRT trademark: Topline Corp v Rocky Brands Wholesale LLC (Seattle Trademark Lawyer)

Trump University – General Patent Corporation secures settlement and agreement from Trump University regarding ‘Negotiate to Win’ service mark owned by Common Ground Seminars (IP Frontline)


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