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General Global Week in Review 17 Oct 2011 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:

US Senator questions Constitutionality of ACTA (IP Watch) (Michael Geist)

Draft agreement on a Unified Patent Court and draft Statute (EPLAW) (IPKat)


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

KPO’s Global LPO Conference (IP Think Tank)

Development of an intellectual property-based investment strategy (Ocean Tomo Insights)

ACTA signed by 8 of 11 countries – now what? (EFF)

Trading knowledge as a public good: A proposal for the WTO (IP Watch)

Help us to find the world’s leading IP strategists (IAM)


Global – Patents

The great patent bubble of 2011 (IPEG)

Revealed – the top patent licensing practitioners and firms in 25 key jurisdictions (IAM) (IP Spotlight)

Top 5: Non-US universities for PCT patent applications (Patent Quality Matters)

Featured resource: Gallica digital library (Patent Quality Matters)


Global – Copyright

What happens when music enters a house of worship? (IPKat)



Men at Work lose final chance to appeal: EMI v Larrikin (IP Whiteboard)



Brazil upholds trade mark applicant’s entitlement to relief (IP tango)



Federal Court of Canada: Trademark interlocutory injunction denied to Target: Target Brands v. Fairweather (Canadian Trademark Blog)



You want to see the Arc de Triomphe? Come to Huaxi Village (IP Dragon)

SIPO issues Amendments to Compulsory Patent Licensing Measures (China Law Insight)

Coca-Cola plays it smart in its IP fight with Nongfu Spring (China Hearsay)



FTA between Colombia and US (IP tango)



Should costs be awarded for patent attorney assistance in patent litigation? (Kluwer Patent Blog)



WIPO signs MoU with the Egyptian Trademarks and Industrial Designs Office (WIPO)



A to Z of African official IP websites no.18: Eritrea (Afro-IP)



Draft agreement on a Unified Patent Court and draft Statute (EPLAW) (IPKat)

The potential for an NPE-friendly EU patent court (IAM)

Pirates rise in European Parliament (1709 Copyright Blog)

Copyright term extension: here’s the new Directive (1709 Copyright Blog)

More opinions from the EPO, fewer from the UKIPO (IPKat)

First RCD decision from ECJ: Case C-281/10 PepsiCo v Grupo Promer Mon Graphic (Class 99)

Inherency – a reduction of protection for IVARS? – General Court rejects appeal concerning speed reducing gearbox Case T-246/10 Francisco Ivars v OHIM – Motive intervening (Class 99)

Nike in General Court: DYNAMIC SUPPORT and VICTORY RED: T-512/10, T-356/10 (Class 46)

General Court: PIPELINE and absolute grounds: T-87/10 (Class 46)

Is territoriality dead? (Laurence Kaye on Digital Media Law)

General Court: Galileo trumps Galileo in battle of the Galileos over Community trade mark (IPKat)

What’s the point of designs – point of sale or point of use? (Class 99)



Translation requirements loosened for Finnish validations (Foreign Filing Blog)



The gathering of evidence abroad in support of French infringement proceedings (Kluwer Patent Blog)



Once again the law of people sharing the same name” (“Recht der Gleichnamigen”) (Class 46)

Bavarian Beer battle still raging … (Class46)

Actual decisions regarding the two calculation methods “infringer’s profit” and “license analogy” (Kluwer Patent Blog)



Examination of patent applications at the Indian patent office. (Spicy IP)

AK 47 needs copyright to fire? (IIPRD Blog)

Reflecting on the transparency crusade (Spicy IP)



IP law changes – consolidation of 3 main laws into a Copyrights Law and Industrial Property law (covering patents, trademarks and industrial designs) (IP Komodo)



Israel Supreme Court reverses Eve – Eva trademark decision: Philip Morris Products S.A. vs. Akisionerno Droujestvo (The IP Factor)

Cheap versions of Bakugan game imported from Far East: Spinmaster v Hai Omra Ltd and Israel Customs Authority (The IP Factor)

Israel Patent Office denies authority to retroactively restore the priority period for design registration (The IP Factor)



KIPI onwards and upwards – Decision on pre-grant entitlement actions in relation to pending patent applications at the Kenyan Patent registry (Afro-IP)



Life’s good for BMW and Audi in Korea? – LG sues over importation of cars incorporating allegedly patent infringing LED lights (IP finance)



District Court of The Hague: Potveer v Total Systems (EPLAW)



Sunflowers and the sun: Adjudicative Board of the Polish Patent Office dismisses BP’s claim to invalidate KEA SYSTEM’s figurative sun trademark (Class 46)



Implementation of Project Seniority (Class 46)

CC Portugal launches second localized suite of CC licenses (Creative Commons)



Unitary patent: The Spanish view (PatLit)

Court of Appeals of Barcelona dismisses appeal filed by Red Cross in trade mark infringement case filed against Happy Pills over pink cross mark for candies (Class 46)


United Kingdom

PCC Page 41: Limiting damages and “family” disputes (PatLit)

Are you a Patents County Court user? If so, have your say! (PatLit)


United States

US General

US Senator questions Constitutionality of ACTA (IP Watch) (Michael Geist)

US IP rights holders hail new FTAs with Colombia, Panama, Korea (IP Watch)

Telegram for the Federal Circuit: Electronic case filing is now available (Patently-O)


US Patent Reform

America Invents Act – Filing and disclosure strategies (IP Think Tank)

America Invents: what do litigators need to know? (PatLit)

America Invents Act: New section 102 (Inventive Step)

America Invents Act goal: reduce patent litigation (Maryland Intellectual Property Law Blog)

First patent reform, now trade secret reform? (Patently-O)

AIA overview: First-inventor-to-file provisions (Patent Docs)

USPTO seeking comment on AIA mandated studies (Patent Docs)


US Patents

Austria and USPTO extend PPH program (Foreign Filing Blog)

USPTO extends Patent Prosecution Highway Pilot Programs (Patent Docs)

How much will post grant proceedings at the USPTO cost? (Patents Post-Grant)

How long will inter partes review really take? (Patents Post-Grant)

New Mexico politicians lobby for satellite patent office (IPBiz)


US Patents – Decisions

CAFC: Bosch v. Pylon: Jettisoning the presumption of irreparable harm in injunction relief (Patently-O) (IPBiz)

CAFC: BPAI’s ex parte decision based upon new factual findings constitutes a new ground of rejection: In re Stepan Co. (Patently-O)

CAFC: Not “one and only one”: IGT v Bally (IPBiz)

CAFC affirms ITC decision in Inv. No. 337-TA-655: TianRui v. ITC (ITC 337 Update)

District Court E D Pennsylvania: Stay pending reissue: Timing and blog reliability: Tyco Fire Products v Victaulic (Patently-O)

District Court E D Texas: Defense win on fringement & invalidity in Judge Davis’ court: Alcatel-Lucent v. Overstock & (

Amgen gets whacked in inter partes re-exam of US Pat. No. 7,381,804 (IPBiz)


US Patents – Lawsuits and strategic steps

ADA Solutions – Stay pending reexam denied where parties were direct competitors in developing market: ADA Solutions v. Engineered Plastics (Docket Report)

Asahi Glass – Expert testimony on anticipation barred for failure to conduct limitation-by-limitation comparison in report: Asahi Glass v Guardian Industries (Docket Report)

Asahi Glass – Judge Robinson allows late reliance on reference: Asahi Glass v Guardian Industries (WDHA)

Conceptus – Failure to identify noninfringing substitute during summary judgment precludes such evidence at trial: Conceptus v. Hologic (Docket Report)

Intematix – New Intematix LED patent has its customers covered (Green Patent Blog)

Stambler- First post-bench/bar order on e-mail discovery limits: Stambler v. Atmos Energy (


US Trademarks

Strategies to consider while your trademark application is pending (Seattle Trademark Lawyer)


US Trade Marks – Decisions

Precedential no. 26: TTAB grants motion to exclude 26 belatedly-identified trial witnesses:  Great Seats, Inc. v. Great Seats, Ltd. (TTABlog)

TTAB affirms refusal to register shape of temperature control device due to lack of acquired distinctiveness: In re Johnson Controls, Inc. (TTABlog)

TTAB finds no violation of section 10 in assignment of intent-to-use application for YING YANG VODKA: Philip Restifo v. Power Beverages (TTABlog)

Test your TTAB judge-ability on this specimen of use for financial advisory services: In re R & B Receivables Management (TTABlog)


US Trade Marks – Lawsuits and strategic steps

Estwing – Denying statements for which defendant lacks information or belief is “oxymoronic”: Estwing Manufacturing v CTT Tools (Chicago Intellectual Property Law Blog)

Procter & Gamble – NYT again discusses trademark bullying as parties settle “Wella” vs. “Willa” suit (Seattle Trademark Lawyer)

Tavern on the Green – An assignment that works like a license (Property, intangible)

Youngblood Timepieces – Youngblood serves trade dress and trademark infringement lawsuit on Fossil Watches (Trademark Blog of the Trademark Lawyer’s Mind)

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