General Global Week in Review 18 Oct 10 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:

Supreme Court to hear case on inducing patent infringement: Global-Tech Appliances, Inc. v. SEB S.A (Patently-O) (Inventive Step) (Filewrapper)

New false marking bill introduced in the House (Patent Docs) (271 Patent Blog) (FDA Law Blog)

UK: Court of Appeal gives guidance on enablement: Novartis AG & Cibavision AG v. Johnson & Johnson [2010] EWCA Civ 1039 (IPKat) (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 – General

Reversing may get you going forward (IP Think Tank)

WIPO report shows signs of recovery following economic crisis (Patent Docs)

The search for the world’s leading IP strategists begins again (IAM)

WTO TRIPS consultations tomorrow (IP Watch)

Intellectual property and the moral maze: a rejoinder (jiplp)

IPXI still waiting to announce its first members (IAM)

New database of IP case studies (The Patent Librarian’s Notebook)


Global – Trade Marks / Brands

A new international standard for brand valuation has been created (IAM)


Global – Patents

Patent strategy – static or dynamic defence? (IP Think Tank)

Fulbright report still confident on patent litigation trends (PatLit)

Despite what some might say – patent litigation is very much a minority sport (IAM)

WIPO members search for a negotiating agenda on patent law (IP Watch)

Patents in cosmetics: Disclosure of origin arduous, report says (IP Watch)

WIPO Patent Committee Chair’s text shows possible future work (IP Watch)

WIPO returns to substantive patent law talks after 5 years, with balance (IP Watch)

KEI general statement to the 15th Standing Committee on the Law of Patents (SCP) (Knowledge Ecology International)

SCP15: KEI statement on Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights (Knowledge Ecology International)

Group B proposal on Future Work regarding Patent Quality (Knowledge Ecology International)

SCP 15: State of Play on day four of WIPO’s patent committee (Knowledge Ecology International)

Statement by the EU and its Member States on the preliminary study on standards and patents (SCP/13/2) (Knowledge Ecology International)


Global – Copyright

A sampling of ACTA reactions (Michael Geist)

Privilege and property: Essays on the history of copyright (IP Osgoode)

Do copyrights deserve a longer protection than patents? (ipeg)

Rights-holders’ anti-counterfeiting trade pact could have broad reach (IP Watch)



News from IP Australia – Discontinuing of provision of National Examination Services to Singapore (Patentology)

Does Australia need its own Bayh-Dole style legislation? (Patentology)

The land of saints and sinners? Australia hails Mary – protection of Mary MacKillop’s name (IPKat)



Brazil, India speak out against ACTA (Michael Geist)

Foot tattoo is not worthy (IP tango)

The Brazilian Superior Court of Justice sets the pace for the protection of well known trademarks in Brazil – SKECHERS (IP tango)



Senatorial pursuit: A Canadian perspective on the US Reid-Angle copyright litigations (IP Osgoode)



China trademarks: That pesky perennial pendency problem (China Hearsay)

China update – design related points from seminar on reexamination and invalidation in China (Class 99)


Estonian Supreme court ends pharmacies’ long-standing headache (Class 46)



EU patent stumbling again? (IPKat) (PatLit) (IAM)

EU patent: Translation into ‘language customary in the field of international technological research’ (ip:jur)

EU patent: Italy joining Spain in fight against three-languages-regime (ip:jur)

CJEU – DHL Express (France) v.Chronopost – territorial scope of the injunction granted by a community trademark court (EPLAW)

Database on geographical indications protected in the European Community for spirits (IPKat)



Court of Appeal: Treves v. Renault (EPLAW)


Clarification on Section 107A(b) (Spicy IP)

Best known Indian inventions (Indian Patents)

‘Knock Out’ release on schedule despite copyright infringement suit (Spicy IP)



Israel customs give infringing footballs the boot (IP Factor)



Interim and protective measures in Italy: subtle shifts ahead in patent practice (PatLit)



Now Kosovo accepts availability search requests (Class 46)



Possession against the (Copyright) Law (1709 Blog)



‘Plop’ says the cork: champagne for Champagne against Andrélon’s shampoo (Class 46)



Whose pony is this? – TM battle between Interkobo and Hasbro (Class 46)

Higrosterowanie for all! (Class 46)



Graphene, naturally not patentable (Securing Innovation)



Singapore positive about being founding ACTA signatory (Michael Geist)



Battle of Mariefred leaves both sides free to use ‘Gripsholm’ (Class 46)



Surrealistic copyright infringement during design contest TIPO: Work shattered, but the truth came out (IP Dragon)


United Kingdom

Supreme Court: Evidence ‘not a question of principle’, so no appeal: Molnlycke Health Care v BSN Medical Ltd (PatLit)

UK: Court of Appeal gives guidance on enablement: Novartis AG & Cibavision AG v. Johnson & Johnson [2010] EWCA Civ 1039 (IPKat) (EPLAW)

Breaking news: Willy the Wizard v Harry Potter to go to full trial (IPKat) (1709 Blog)

Rules for calculation of time periods measured in months (Patentology)

Copyright Tribunal ‘small merger announced: not much change’ (1709 Blog)

Costs: Amsterdam ‘nearer Newport’ than other parts of UK, rules IPO: Loadhog Ltd v Polymer Logistics BV (PatLit)

The PCC page, no.1: ‘All change at the Patents County Court’ (PatLit)

So which non-UK patent jurisdictions are ‘leading’? – ESCA judgment in Grimme Landmaschinenfabrik GmbH & Co. KG v Derek Scott (trading as Scotts Potato Machinery) (PatLit)


United States

US General

Reflections on the USPTO dashboard (Director’s Forum)

Dido sued for use of NASA photograph of astronaut Bruce McCandless (IP Whiteboard) (IPKat)


US Patent Reform

Should Europe dictate US patent policy? (IPBiz)

New false marking bill introduced in the House (Patent Docs) (271 Patent Blog) (FDA Law Blog)


US Patents

USPTO adopts new measure of patent examination quality (Patent Docs) (Inventive Step)

USPTO extends enhanced first action interview pilot program (Patent Docs)

USPTO expands and extends Patent Prosecution Highway to Spanish PTO, Austrian Patent Office, Russian Federal Service for IP (Patent Docs)

Clean energy patents on the rise (IPblog)

The ITC end-around District Court stays pending patent re-examination (Patents Post-Grant)

IPO submits commentary on USPTO Bilski interim guidance (Patent Docs)

Examination guidelines update: developments in the obviousness inquiry after KSR v.Teleflex (Patent Docs)

Inducement of infringement: Should we even think of its fault element in Mens Rea Terms? (Patently-O)

Fiscal Year 2010 – Increase in allowance rate over Fiscal Year 2009 (Anticipate This!) (Inventive Step)


US Patents – Decisions

Supreme Court to hear case on inducing patent infringement: Global-Tech Appliances, Inc. v. SEB S.A (Patently-O) (Inventive Step) (Filewrapper)

BPAI decision in Ex parte Regents of the University of California – What to do with an interfering patent in patent reexamination (Patents Post Grant Blog)

District Court W D Wisconsin: Product capable of infringing use did not infringe absent proof of specific instances of such use: PrivaCash, Inc. v. American Express Co. et al. (Docket Report)

District Court Western Pennsylvania: Defendant’s agreement to temporarily discontinue infringing conduct warrants grant of stay pending re-examination: TDY Industries Inc. v. Ingersoll Cutting Tool Co. (Docket Report)

District Court ND Illinois: False marking case transferred to defendant’s home forum, the location of evidence on which ‘liability hinges’: Simonian v. Hunter Fan Co (Docket Report)

District Court S D Florida: Allegations of knowledge and materiality are sufficient to infer intent to deceive: Innovative Biometric Technology, LLC v. Lenovo (United States), Inc. et al. (Docket Report)

District Court N D Illinois: Loosely related state law claims sufficient for supplemental jurisdiction: Von Holdt v. A-1 Tool (Chicago IP Litigation Blog)


US Patents – Lawsuits and strategic steps

Ko-Am Corporation – ALJ grants motion to terminate based on consent order in Electronic Paper Towel Dispenser Investigation (ITC 337 Update)

Leviton Manufacturing – ITC institutes investigation (337-TA-739) regarding Certain Ground Fault Circuit Interrupters (ITC Law Blog)

Lexmark – Commission institutes Inv. No. 337-TA-740 in Certain Toner Cartridges and Components Thereof (ITC 337 Update)

LG Electronics – ITC institutes investigation (337-TA-742) regarding Certain Digital Televisions (ITC Law Blog) (ITC 337 Update)

Medtronics – Medtronic settles with Wall Cardiovascular in stent patent dispute (Patent Docs)

Norgren – ITC decides to review initial determination in Certain Connecting Devices (337-TA-587) (ITC Law Blog)

Novozymes – District Court denies Novozymes motion for preliminary injunction in battle for control of the alpha-amylase market (Holman’s Biotech IP Blog)

Star Scientific – Star avoids untimely termination of their patent reexaminations (Patents Post Grant Blog)

Thomson Licensing – ITC institutes investigation (337-TA-741) regarding Certain Liquid Crystal Display Devices (ITC Law Blog)

US Copyright

US Senator seeks legal review of ACTA (Michael Geist)


US Copyright – Lawsuits and strategic steps

Grayson, Alan Rep – Grayson campaign ad apes ‘Sopranos’ opening; Henley v. DeVore redux? (Copyrights & Campaigns)

National Football League – Sports and politics – copyrights (1709 Blog)

Ohio Democratic Party – Copyright battle in Ohio Gov. race over use of clip to expose ‘steelworker’ as actor (Copyrights & Campaign)


US Trademarks

USPTO seeks comments on trademark bullies you have known (TTABlog)

Shining the spotlight on trademark bullies (a long-delayed recap of a trademark scholars roundtable) (Technology & Marketing Law Blog)

Federal Trade Commission seeks comments on ‘green marketing’ guidelines (IP Spotlight)

US Trade Marks – Decisions

TTAB precedential no. 39: TTAB re-designates ONCE A MARINE… decision as precedential: In re Eagle Crest, Inc (TTABlog)

Parties go ACR: TTAB finds FREDERICK WILLIAM and FREDERICK WILDMAN logo not confusingly similar for wine (TTABlog)

AGAVERITA merely descriptive of non-alcoholic cocktail mixes, says TTAB (TTABlog)

Test your TTAB Judge-ability on this trademark mutilation case: In re AHL, Inc (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Cupcakery – Mélange of Trademark stories – Cupcakery settles case against former employee  and her bakery (Vegas Trademark Attorney)

Gap – Gap’s logo flap: ‘New Coke’ reprised? (IPBiz)

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