General Global Week in Review 18 April 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:

Enhanced cooperation in unitary patent protection: the paperchase begins! (IPKat) (IP:JUR) (EPLAW)

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 – Patents

Patent strategy for China (IP Think Strategy)

US and UK unite for some more sweet patent harmony (IPKat)

Current developments in the Trilateral Patent Offices – EU, Japan and US (Patent Law Practice Center)


Bananas are great – but what about wilt-free patents too? (Afro-IP)


Kookaburra still up the gum tree, but judge feels disquiet – FCAFC judgment in EMI Songs v Larrikin Music (1709 Blog)

More justice, more speed, if you’re small and Australian (Class 99)


Trends in counterfeit trademarks/infringed patents from China: Smaller scale, bigger risks (IP Dragon)

The influence of China’s trade deficit on IP enforcement in China (IP Dragon)

Administrative appeals before the Patent Reexamination Board in China – check your post (PatLit)


Will Croatia’s intention to protect wine and spirit names affect you? (Class 46)


Copyright term directive: latest news (1709 Blog) (1709 Blog)

Enhanced cooperation in unitary patent protection: the paperchase begins! (IPKat) (IP:JUR) (EPLAW)

‘Growth is back’ at the EPO (Inovia)

Association Agreement gets the thumbs-up between the European Union and Central American (IP tango)

ECJ: WEB SHIPPING ruling: CTM injunctions both are and aren’t pan-European: DHL Express France SAS (formerly DHL International SA) v Chronopost SA (IPKat) (Class 46)

If the photo fits, copy it … – AG delivers opinion in Eva-Maria Painer v Standard VerlagsGmbH (IPKat)

Alder/Halder: challenging points not raised on appeal: General Court decision in Alder Capital Ltd v OHIM, Gimv Nederland BV (IPKat)

Update on the Easter Bunny disputes – Austria and Germany (Class 46)

General Court confirms CTM ‘RUN THE GLOBE’ lacks distinctiveness for ‘organisation and providing of sporting activities’ (Class 46)

Deutsche Bahn ‘red and grey’ appeal goes to ECJ: Deutsche Bahn AG v OHIM (Class 46)

CheckMobile’s appeal for Carcheck rejected – General Court confirms CARCHECK lacks distinctive character (Class 46)

General Court upholds finding of likelihood of confusion between word mark COMIT and figurative German trade mark COMET: T-84/08 (Class 46)


Air France’s new logo lacks distinctiveness (Class 46)


ICE, ICE…. – the BGH and the citation of a design: Fraunhofer-Gesellschaft v. Deutsche Bahn AG (IPKat)

Bundesgerichtshof deals with feature of patent claim not originally disclosed but the deletion of which would lead to broadened scope: Winkelmesseinrichtung (Kluwer Patent Blog)

Bundespatentgericht: A simple ‘kiss’ may be enough to make the difference… word mark BUTTERFLY vs figurative mark BUTTERFLY KISS (Class 46)


India will not accept IP talks outside of WTO (Michael Geist)

Justice Sridevan appointed as IPAB Chairman (Spicy IP)


District Court The Hague rules in favour of defendants in summary proceedings: Canusa v. Frans Nooren and Stopaq (EPLAW)

New Zealand

New Zealand, new zeal from Ministry in seeking feedback (Class 99)


Secondary meaning and distinctiveness – the saga continues – TECHNOPOL (Class 46)


Plum GI protection for Romanian marmalade (Class 46)


Supreme Court of Republic of Slovenia: difference in wording of patent description to that of prior art not sufficient for finding of novelty (Kluwer Patent Blog)

United Kingdom

Fake Jake? Up the creek, but not probably not Chinese Cheek – counterfeit wine (IPKat)

EWPCC: Walking fingers in Azerbaijan irrelevant to British action, rules judge: Yell Ltd v Louis Giboin and others (IPKat)

PCC Page 24 – One strike (with a tentacle) – but are you out? Cautious Co v. IPOff Ltd (PatLit)

Do we trivialise inventors, inventions and Government ministers? (IPKat)

Amending goods and services specifications: new UK guidance (Class 46)

United States

US Patent Reform

US patent law reform – Swearing-Back: Dealing with colliding filings under HR 1249 (Canada Patent Blog)

Manager’s Amendment for H.R. 1249 (Inventive Step)

Manager’s amendment for H.R. 1249 – House reverts to Senate inter partes review standard (Patents Post Grant Blog)

Fixing the ‘first inventor to file’ one-year grace-period provision of the Patent Reform Bills (Patently-O)

US Patents

Prioritized examination of patent applications (Ladas & Parry) (Likelihood of Confusion)

PTO FY2011 numbers so far (Inventive Step)

Evidence of patent reexamination in the district court (Patents Post Grant Blog)

US Patents – Decisions

CAFC: The problem-solution approach to written description issues: Crown Packaging Technology Inc. v. Ball Metal Beverage Container Corporation (Patently-O)

District Court W D Wisconsin: The finality of a Patent Reexamination Certificate: Extreme Networks v. Enterasys Networks (Patents Post Grant Blog)

District Court C D California: Fraud theory in parallel litigation defeated by patent reissue: U.S. Rubber Recycling v. ECORE International, et al (Patents Post Grant Blog)

BPAI expands the reach of Agilent doctrine in Ex Parte Smart: Agilent Technologies v. Affymetrix, Inc. (Maier & Maier)

US Patents – Lawsuits and strategic steps

Graco Children’s Products – ALJ Essex sets target date in Certain Strollers and Playards (337-TA-762) (ITC Law Blog)

Hyatt: US Government asks for increased deference when patent applicants challenge BPAI decisions in court: Kappos v. Hyatt (Patently-O)

Leviton – ALJ Bullock grants motions to terminate investigation in Certain Ground Fault Circuit Interrupters (337-TA-739) (ITC Law Blog)

Nuvasive – Failure to allege who withheld information from PTO sinks inequitable conduct counterclaims: minSURG International, Inc. v. Nuvasive, Inc., et. al (Docket Report)

TransData – In smart meter patent suit TransData focuses antennae on Texas utility: TransData v Denton County Electric Cooperative (Green Patent Blog)

US Trade Marks – Decisions

District Court Maryland: Guess confusion isn’t such a big deal: Chattery Interanational v. JoLida (Property, intangible)

TTAB precedential no. 10: TTAB okays opposer’s pre-trial disclosures, denies motion to strike trial testimony: Carl Karcher Enterprises, Inc. v. Carl’s Bar & Delicatessen, Inc. (TTABlog)

TTAB precedential no. 9: Finding wine and beer related, TTAB affirms 2(d) refusal of HB over HB & Crown Design: In re Kysela Pere et Fils, Ltd. (TTABlog)

Petition to cancel backfires when TTAB finds SNAP merely descriptive of syringes: Inviro Medical Devices Ltd. v. DuoProSS Meditech Corporation (TTABlog)

TTAB Finds CALIFORNIA GREEN CLEAN primarily geographically descriptive of janitorial services: In re California Green Clean Development Company, LLC (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Caesars Palace – Caesars World files declaratory judgment action over OCTAVIUS TOWER against Octavius Tower LLC (Las Vegas Trademark Attorney)

Christian Louboutin – Christian Louboutin: a (red) sole proprietor speaks (IPKat) (IP Osgoode)

Glassybaby – Glassybaby sues candle holder sellers for trade dress infringement: Glassybaby, LLC v. Provide Gifts, Inc. (Seattle Trademark Lawyer)

One Comment on “General Global Week in Review 18 April 2011 from IP Think Tank

  1. Here is a similar story

    As a backdrop to World Health Organization members meeting this week in search of a global strategy for future influenza pandemics, the pharmaceutical industry and other actors have been developing a keen interest in patents on influenza genetic resources. A sharp and sustained increase in patent activity on those materials was pointed out by a civil society group in a new report, which it says challenges a recent report by the World Intellectual Property Organization.

    The “wave of intellectual property claims over pandemic influenza vaccines that began in 2006 continues unabated,” said the new report from Third World Network.

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