General Global Week in Review 17 Apr 2009 from IP Think Tank

Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

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.

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Highlights this week included:

USTR reveals ACTA information (Michael Geist), (Managing IP), (Michael Geist) (

More insights into ACTA Wikileaks, WIPO threat etc (IPJur), (Lenz Blog), (Michael Geist), (Michael Geist) (TorrentFreak) (ArsTechnica) (Michael Geist) (Michael Geist), (IP Watch)

Schneider Electric v Chint patent case settled, Utility Models in China (China Hearsay) (Law 360) (I/P Updates) (Hal Wegner)

Global – General

Burning the Ships – intellectual property and the transformation of Microsoft (IAM)

Global – Patents

TRIPS, Pharmaceuticals and Manufacture for Export – IP Think Tank Podcast (IP Think Tank)

World Wide Web Consortium (W3C) – patents and standards (IPJUR)

Patenting the business aspects of intellectual property (1201 Tuesday)

Global – Copyright

USTR reveals ACTA information (Michael Geist), (Managing IP), (Michael Geist) (

More insights into ACTA Wikileaks, WIPO threat etc (IPJur), (Lenz Blog), (Michael Geist), (Michael Geist) (TorrentFreak) (ArsTechnica) (Michael Geist) (Michael Geist), (IP Watch)

Deciding the Fate of Music (IP’s What’s Up)

Dispute over Playmobil figurines used to create bible scenes (Lenz Blog)


Botswana to use holograms to dissuade pirates from ripping off local musicians (Afro-IP)

Ethiopia’s new Trade Mark legislation (Afro-IP)

Is the ‘South African Revenue Service’ reducing IP growth by squashing intellectual property arbitrage? (Afro-IP)


USPTO Extends patent prosecution highway pilot with Australia and begins pilot with Germany (Patent Docs)


Copyright Board releases satellite radio royalty decision (Michael Geist)

Canadian Recording Industry Association (CRIA) launching grassroots campaign for Canadian DMCA (Michael Geist)

Goldstein introduces patent reform bill to ease access to medicines (Michael Geist)


US ITC victory over sucralose patents for Chinese manufacturers (IP Dragon)

Ministry of Commerce of the People’s Republic of China (MOFCOM) prohibit the proposed acquisition of China Huiyuan Juice Group Limited by The Coca-Cola Company (China Law Insight)

Silk Market vendors of counterfeit goods (IP Dragon)

China IP and Obama’s Recording Industry Association of America (RIAA) links (China Hearsay)

Schneider Electric v Chint patent case settled, Utility Models in China (China Hearsay) (Law 360) (I/P Updates) (Hal Wegner)

Real pirates take back ‘piracy’ from IP community (China Hearsay)

China, patents and cross-cultural innovation (IP ADR blog)

China’s enforcement of IP (The Trademark Blog)

Do ACTA Member Countries Want to Confront China With A Fait Accompli? (IP Dragon) (IP Dragon)

Zhongnanhai Cigarettes? White House Cigars? Kremlin Wodka? (IP Dragon)


Revised Czech proposal for a Council Regulation on the Community patent (IPJUR) (Managing Intellectual Property)

Impact of the new Council Regulation (Class 46)

European Patent Office (EPO) – dodge around new divisional rules? (IPKat)

Council Regulation (EC) No 207/2009 on trade marks – no change? (IPKat) (Class 46)

Searching of European nanotechnology patents (Competitive info)

Prof. Dietmar harhoff: ‘Economic cost-benefit analysis of a unified and integrated European litigation system’ now published (IP Jur)

OHIM reduces Community Trade Mark (CTM) fees (IPKat)

European Court of Justice needs reform, say Judges (Managing Intellectual Property)


With patents to the stars – a gallery of astronomy related patents to celebrate UNESCO’s International Year of Astronomy 2009 (IPKat)

Patent for pig selection (IPKat), (IP Jur)

German open fight on biotechnology patents and CIIs (IPJUR)

USPTO Extends patent prosecution highway pilot with Australia and begins pilot with Germany (Patent Docs)


A new trade mark Act for Greece? (Class 46)


Warner Bros warn Bollywood about “The Curious Case of Benjamin Button” remake (Spicy IP)

The new Tata Nano – how important are the patents? (IP Finance), (IAM)


Israel Patent Office awards costs against patentee forced to amend claims by third party invalidation proceedings (IP Factor)


Korea passes three-strikes copyright law (Managing IP)

New Zealand

New Zealand Trade Marks Act amended to join Nice, Singapore, Madrid, bolster enforcement (IPKat)

South Africa

South African Revenue Services (SARS) – tainting or tainted IP? (Afro-IP)


Spanish Patents and Trademark Office (SPTO) archives (Class 46)

Spains 350 Super Brands revealed (Class 46)


French luxury goods producer Hermes won a record US $7.5 million in damages in a trade mark infringement case brought against a former employee who had sold four counterfeit handbags (IPKat) (Reuters)

United Kingdom
UK copyright tribunal modernisation (Excess Copyright), (IPKat)

The Patents, Trade Marks and Designs (Address for Service) Rules 2009 (IPKat)

Two new Intellectual Property Regulation Board (IPREG) consultations (IPKat)

United Kingdom has least consumer friendly copyright rules according to survey (Managing Intellectual Property)

United States

US General

Wasted IP assets (IP Asset Maximiser)

What’s in a name? – Rebranding towards Obama (IP Finance)

Motley Rice agrees not to use secret Sherwin-Williams info (Law 360)

Storage firm hopes to cut IP litigation costs with escrow discovery (Out Law)


US General – Lawsuits and strategic steps

Duke University sues Coregis Insurance to recoup costs paid to settle a patent suit (Law 360)


US Patent Reform

First to file, an update (PatentlyO)

Patent Reform Act of 2009 as reported by Senate Judiciary Committee (Promote the Progress)

Two reasons why the Patent Reform Act of 2009 is going nowhere (Promote thee Progress)

The less familiar voices on patent reform (Peter Zura)


US Patents

Who is suing ‘the Watchmen’? (The Trademark Blog)

Lutron Electronics Co. Inc. takes dimmer switch patent suit to International Trade Commission (ITC) (Law 360)

Judge orders ReedHycalog to destroy confidential documents discovered in oil drill patent suit (Law 360)

TransCore ruling may change how licenses are drafted (Law 360)

Is the Coalition for Patent Fairness split over apportionment? (IAM)

US Federal Trade Commission considers issues in patent damages awards (IP Law Blog)

Lockheed case reveals legislative gap in patent law (Law 360)

Pepsi strikes back at Coke over sports drink ads (Law 360)

Automotive Technologies International Inc. drops one of its four patent infringement claims against GM, Ford and others (Law 360)

Judge halts jury trial to hand ADT Security Services Inc. win in an infringement suit brought by Paradox Security Systems Ltd over telephone circuitry patent (Law 360)

Inventor Ronald A. Katz Technology Licensing drops Covington & Burling as counsel (Law 360)

Economic downturn = downturn in patent filings (PatentlyO)

Challenging the strong presumption of patent validity (PatentlyO)

USPTO Extends patent prosecution highway pilot with Australia and begins pilot with Germany (Patent Docs)

US Patents – Decisions

Jury awards Uniloc $388m in patent suit v Microsoft (Law 360) (IP Down Under)

CAFC finds for Honda in defending truck bed patent suit by Kansas inventor (Law 360)

False accusations of patent infringement justify fee award but not damages (Veteran Medical v Bionix) (43(B)log)

CAFC holds subsequent developments OK for double patenting distinction in Takeda case (Peter Zura) (PatentlyO)

Patents exhausted by sale after covenant not to sue (Transcore v Electronic Transaction Consultants) (PatentlyO)

Providing sole feature of a dependant claim does not necessarily get you inventorship of the patent (Nartron v Schukra) (I/P Updates)


US Patents – Lawsuits and strategic steps

Hyundai settles auto entertainment patent suit, case to proceed against BMW (Law 360)

Apple sued by Elan over touch screen patents (ContentAgenda)

Lutron electronics files ITC complaint regarding control devices (ITC Blog)

Gregory Bender adds nine more companies (including AT&T, Sony, Panasonic, Samsung, Toshiba, Hitachi, Seagate) to now total 28 defendants in 22 lawsuits in relation to his US ‘188 patent for circuit architecture (The Prior Art)

Microsoft settles with CSIRO and case goes to trial against remaining defendants (Eastern District of Texas)

Royalty rate set in Boston Scientific v Cordis Corp stent dispute (Law 360)


US Copyright

New working paper on US statutory damages (Excess Copyright)

Obama’s Recording Industry Association of America (RIAA) links (China Hearsay) (The Trademark Blog)

For artists with original works, it’s buy now or pay later (IP Law Blog)

Business fears counterfeiting is set to spiral in first ‘digital recession’ (IP Finance)

US Confidential Information

Threatened misappropriation of trade secrets versus inevitable disclosure doctrine – when is the line crossed? (IP Law Blog)


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