General Global Week in Review 2 August 2010 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:

A new approach to business method patents Down Under?: Invention Pathways Pty Ltd ( (Australian Patent Law) (Patentology) (Patent Baristas) (IP Spotlight)

USPTO publishes interim guidance for assessing patentable subject matter post-Bilski (Filewrapper) (AwakenIP) (Inventive Step) (IP Spotlight) (Patentably Defined)

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

Benchmarking IP, Dragon’s Den, Dickens and Golden Balls – Podcast 22 July 2010 (IP Think Tank)

IP is to Gates what Oil was to Rockefeller (IP Think Tank)

Intangible Capital top 5 things and a must read (IP Think Tank)

IP Management in Australia – a worthwhile conference (IP Think Tank)

RCE filings: the facts (Director’s Forum) (Patently-O)

Identifying CIPO best practices (IAM)

International IP Strategists Association moves closer to launch (IAM)

Interviews with top CIPOs available to view (IAM)

WIPO sees first real progress in 10 years on text for protection of folklore (IP Watch)

IP Education: A requisite to business management! (Business IP and Intangible Asset Blog)

Intangible assets: The 900 pound overlooked economic gurerrilla… (Business IP and Intangible Asset Blog)

Global – Patents

Do poor people like different patents to rich people? (IPKat)

Patent trolling is bad business… for the trolls (Innovationpartners)

What Marshall did next… Marshall Phelps involvement with Article One Partners (IAM)

CLIR (cross lingual info retrieval) in Production for PatentScope (WIPO)

Global – Copyright

Next ACTA meeting ‘Intercessional Meeting’ not formal round (Michael Geist)

From Wellington to Lucerne: Tracking the major ACTA changes (Michael Geist)


PCT national stage entry for the African region (InoviaIP)

ARIPO’s voice and a counterfeit reminder (Afro-IP)


A trade mark that is contrary to public order/morality – is there really an objective test? (IP tango)

Argentine Patent Office issues regulation restricting divisional filings (Patent Docs)


A new approach to business method patents Down Under?: Invention Pathways Pty Ltd ( (Australian Patent Law) (Patentology) (Patent Baristas) (IP Spotlight)

Federal Court reprimands time-wasting litigants: Hunter Douglas Inc v. MarketMakers (Aust) Pty Ltd (Patentology)

The (Virgin) empire strikes back: Virgin Enterprises Limited v Virgin International Pty Ltd (IP Whiteboard)


Brazilian Copyright Law for public consultation – new deadline (IP tango)


Industry Canada on US IP watch list (Michael Geist)

Federal Court ruling shows fair dealing fears greatly exaggerated – K-12 case (Michael Geist)


Chinese brand. From Moribund to….? (China Law Blog)

How China companies can build global brands (China Hearsay)

JCB’s Chairman compares China’s IPR enforcement to disease at banquet with Premier Wen (IP Dragon)

Parallel market trends in China (The Gray Blog)

One last time: US-China WTO AV products case (China Hearsay)

Interim provisions on the administration of intellectual property of major national science and technology projects has been released (China Law Blog)

State Administration for Industry and Commerce (SAIC) publishes Trademark Agency Rules (China Law Blog)

IPO seeks advice on regulation on electronic applications for patents (China Blawg)


Civil Society Groups warn EU on ACTA (IP Watch)

The trade mark’s a killer for Eugenia Padilla: Eugenia Montero Padilla v. OHIM, José María Padilla Requena (1709 Blog)

Inbev loses Budweiser CTM appeal: Anheuser-Busch Inc. v OHIM, Budějovický Budvar, národní podnik (IPKat)

Invisible goods CJEU reference arising from IP TRANSLATOR class-heading dispute (IPKat)

Communication questions: Romania asks the oracle: Circ & Variete Globus Bucureşti v Uniunea Compozitorilor şi Muzicologilor din România – Asociaţia pentru Drepturi de Autor – U.C.M.R. – A.D.A. (1709 Blog)

Conference systems and informed users: Shenzhen Taiden Industrial Co Ltd v OHIM (Class 99)


Conflict between trademark and name of a rock band – ‘Hurriganes’ (Class 46)


The Tour De France – an inspiring anti-climax (Afro-IP)


German Federal Patent Court: ALLFAcolor v ALPHA (Class 46)

A brief update on Paul – psychic octopus and trade marks (Class 46)

Regional Court of Cologne (LG Köln) had to decide what constitutes a so-called official work (1709 Blog)


Rajasthan HC refuses to ‘stay’ the operation of permanent injunction case: Hilltone v. Hilton (Spicy IP) (Spicy IP)

Ten suggestions for the better functioning of the IPOs website/workings (Spicy IP)


Buffalo by-product goes all the ‘whey’ to protection (Class 46)


District Court The Hague finds infringement of awning patent in summary judgment proceedings: Lewens Sonnenschutz-Systeme v. A.V.Z (EPLAW)


Observations, oppositions, invalidations – who’s the party? (Class 46)

One cross for all scouts (Class 46)


Serious damages – copyright infringement: Astrel v Terra (1709 Blog)


Serbia accedes to the European Patent Convention (EPO)


Spain reduces penal sanctions in the hope of more condemnatory orders (Class 46)

Spain – fighting the pirates.  Year 2009 in numbers. (Class 46)


Butter: not that unique (Class 46)

United Kingdom

Latest report on British IP crime 2009/10 (IPKat)

Breaking news: Vodkat appeal dismissed: Diageo v Intercontinental Brands (IPKat)

The cost of a Hendrix covermount: Experience Hendrix Llc & Anor v Times Newspapers Ltd (1709 Blog)

EWCA allows appeal of Patent Court’s decision to revoke patents: Schlumberger Holdings Ltd v Electromagnetic Geoservices AS (PatLit) (IPKat) (EPLAW)

IP attorney litigators: will they fly or die? (PatLit) (Solo IP)

EWHC: Is the apprehension of a threat by a ‘reasonable businessman’ different from a ‘reasonable person’? Best Buy Co. Inc v Worldwide Sales Corporation España S.L. (IP Whiteboard)

A blueprint to nurture the creatives: it takes Brains… (IPKat)

Pigs and protection: Old Spots get the TSG treatment (Class 46)

United States

US General

Court of Appeals for the Third Circuit: Injunction in Bimbo Bakeries case maintained; secret muffin formula still safe? (IPBiz) (Excess Copyright)

US Patent Reform

Is USPTO 3-track plan TRIPS non-compliant? (IP Watch)

US jobs bill would restrict foreign access to patent applications (IP Watch) (SOLO Independent IP Practitioners)

House passes supplemental PTO Funding Bill (Inventive Step)

US Patents

USPTO publishes interim guidance for assessing patentable subject matter post-Bilski (Filewrapper) (AwakenIP) (Inventive Step) (IP Spotlight) (Patentably Defined)

USPTO seeks comments on post-Bilski guidelines (IP Watch) (just_n_examiner)

Ten ways to improve the USPTO website – Numbers 1 and 2 (The Invent Blog) (The Invent Blog)

Effects on false marking type statistics by increased new case filings (Docket Report)

US Patents – Decisions

Federal Circuit panel disagrees concerning whether claim required two distinct structures: Becton, Dickinson and Company v. Tyco Healthcare Group, LP (Gray on Claims)

District Court E D Virginia: Plaintiff’s counsel’s prior prosecution work concerning defendant’s accused products warrants disqualification: Sunbeam Products, Inc. v. Hamilton Beach Brands, Inc., et al. (Docket Report)

ITC issues limited exclusion order and cease & desist order against Emcore in optoelectronic devices investigation (ITC 337 Update) (ITC Law Blog)

ITC issues final determination of no violation in Certain Encapsulated Integrated Circuit Devices (337-TA-501) brought by Amkor (ITC Law Blog)

US Patents – Lawsuits and strategic steps

ACQIS – Inequitable conduct defense dismissed, with leave to replead consistent with Exergen: ACQIS LLC v. Appro International, Inc. et al (

Cannon – Investigation 337-TA-731 instituted, assigned to ALJ Gildea for Certain Toner Cartridges and Components Thereof (ITC 337 Update) (ITC Law Blog)

Hewlett-Packard – New investigation 337-TA-730 instituted for Certain Inkjet Ink Supplies and Components Thereof (ITC 337 Update) (ITC Law Blog) (ITC Law Blog)

Intellectual Ventures – Vlingo Corporation enters into license agreement and patent sale agreement with Intellectual Ventures (IAM)

Murata Manufacturing – ALJ Gildea denies motion for summary determination of invalidity in Certain Ceramic Capacitors (337-TA-692) (ITC Law Blog) (ITC Law Blog) (ITC Law Blog)

San Francisco Technology – False marking action dismissed where another qui tam relator had filed an earlier suit against defendant: San Francisco Technology, Inc. v. The Glad Products Company et al (Docket Report)

Simonian – False patent marking standing motion decided without briefing: Simonian v. Merck & Co. (Chicago IP Litigation Blog)

STC.UNM – ITC institutes investigation (337-TA-729) regarding certain Semiconductor Products (ITC Law Blog)

TheraSense – PSA for TheraSense amici: Filing permission must be requested (Patently-O)

TheraSense – Changing the law of inequitable conduct – Abbot briefs its case: TheraSense v Becton Dickinson (Patently-O)

US Copyright

Bratz v. Barbie – what does copyright protect? (Public Knowledge)

US Second Circuit decision opens questions of transformative and fair use: Salinger v. Colting (IP Watch)

Don’t let ASCAP’s president be silenced (Creative Commons)

US Copyright – Lawsuits and strategic steps

Nova Design Build, Inc – Attorney’s fees petition must be tailored to resolved claims: Nova Design Build, Inc. v. Grace Hotels, LLC (Chicago IP Litigation Blog)

US Trademarks

A line in the sand is drawn: Trademark dilution or ordinary use? Visa Int’l Serv. Assoc v. JSL Corp. (IP Osgoode)

Marijuana trademarks (BlawgIT)

US Trade Marks – Decisions

District Court Minnesota – On remand, CRISTAL champagne maker seals victory against CRISTALINO sparkling wine: Champagne Louis Roederer v J Garcia Carrion (Las Vegas Trademark Attorney)

District Court N D Illinois: awards costs to prevailing party: AutoZone, Inc. v. Strick (Chicago IP Litigation Blog)

WYHA? TTAB Affirms 2(d) refusal of RIPPLE KIDS & Design over RIPPLE & Design, both for stationery (not precedential) (TTABlog)

Finding no claim or issue preclusion, TTAB denies MAJOR TAYLOR summary judgment motion: Dallas C. Brown Jr. v. Courtney L. Bishop (not precedential) (TTABlog)

TTAB finds GOLF SPORT and GOLFINO, both with Golfer Designs and both for clothing, confusingly similar (TTABlog)

TTAB sides with VALENTINO in section 2(d) fashion designer dispute (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Osbourne, Ozzy – Black Sabbath trade mark dispute settled on good terms: Ozzy v. Iommi (Trademark Blog of the Trademark Lawyer’s Mind)

Select Sector SPDR Trust: Ticker symbol lawsuit: Select Sector SPDR Trust v Invesco Ltd (Trademark Blog)

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