General Global Week in Review 20 June 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:

The UK Patent Box – more details, not necessarily much more clarification (IP finance) (IP finance) (Solo IP) (IP finance) (Intellectual Property Tax)

TTAB Precedential No. 14: Applying collateral estoppel to the ownership issue, TTAB enters summary judgment in “WINNIE THE POOH” trademark dispute: Stephen Slesinger Inc. v. Disney Enterprises Inc. (TTABlog) (Patent Arcade) (Property, intangible)


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

The WIPO ePCT Pilot Program: The present and future (inovia)

Rating inventions and patents (ipeg)

A startup company’s experiences with open innovation – Part 1: Dealing with a large company having small innovation goals (IP Asset Maximizer Blog)

What would you say to research and development types about patents? (IPKat)

PatentScope Mobile (Patent Librarian’s Notebook)


Global – Copyright

25 top Copyright Blogs of all time – Justia (Copyright Litigation Blog)

Report from SCCR 22 discussions of WIPO treaty for persons who are blind or have other disabilities (KEI)

Non paper distributed at SCCR 22 at 1pm on Friday, on disabilities (KEI)

Why can’t a copyright be more like a patent – or vise versa? (IPKat)



A to Z of African official IP websites: no. 1 Algeria (Afro-IP)



FCA awards ‘additional damages’ for HSV design infringement: GM Holden Ltd v Paine (Patentology)

Australian R&D tax credit to commence on 1 July 2011 (Patentology)



Brazil introduces OER into federal legislation and adopts local government policy (Creative Commons)

TV in bars to pay royalties (IP tango)



Access Copyright & transactional licenses – The goose and the gander? (Excess Copyright)

Trade-mark Update (Part 2): Masterpiece v. Alavida (IPblog)



Lessons learned from technology transfer and essential IP in China/HK (Part I – IP Dragon) (Part II – IP Dragon) (Part III – IP Dragon)



Colombia to Madrid: latest news (IP tango)


Costa Rica

Costa Rica approves Free Trade Agreement with China (China Law Blog)



Europe considers using CETA to create ‘Anti-Counterfeiting Trade Agreement Plus’ (Michael Geist)

General Court: Punch lands home on watch designs: Sphere Time v OHMI – Punch (Class 99)

Links to national GI databases: a table (Class 46)

EU wine sector GI rules amended (Class 46)

Segovian sausage name safely secured (Class 46)

Beans, apricots and carp join Europe’s protected GIs (Class 46)



France gets in on the patent fund act – but will it work? (IAM)



District Court Munich: Calculation of damages for patent infringement on the basis of a substantially “increased” royalty rate: Case no. 7 O 17716/09 (EPLAW)

Higher Regional Court of Karlsruhe: Use of ‘SUPER illu’ qualifies as use of ‘ILLU’ (Class 46)



Should the Registrar of Copyrights be investigating even PPL? (Spicy IP)

The ‘Original Sin’ of recognizing IPRS as a Copyright Society (Spicy IP) (Spicy IP)

Patent litigation and standards of injunctions (Spicy IP)

P.H. Kurian – the Patent Office’s ‘knight in shining armour’ – resigns as the Controller General (Spicy IP)

Reforming the patents & trademarks adjudication mechanism in India – Why does the Indian IP Bar continue to sleep? (Spicy IP)



Indonesian Supreme Court to hear trademark infringement case – NEOMILD (IP Komodo)



The registerability of an article of manufacture as a 3D trademark revisited (IP Factor)



Tribunal’s decision on non-revocation of ARIPO patents revoked by High Court (Afro-IP)



Philippines IP office improvements (IP Komodo)



Voivodeship Administrative Court: During trade mark invalidation proceedings, applicant required to participate actively in evidence proceedings (Class 46)



Customs pact affects trade marks in Russia, Belarus and Kazakhstan (Class 46)



Rwanda presses on with IP plan, signs up to PCT and Hague (Afro-IP) (Class 99)


United Kingdom

EWHC (Ch): Oral licence gives power to sue; oral use infringes: Jean Christian Perfumes Ltd & Anor v Thakrar (t/a Brand Distributor or Brand Distributors Ltd) (Class 46)

EWCA (Civ): Omega TM coexistence agreement dispute: have we heard the last word on the last letter? Omega SA v Omega Engineering Incorporated (IPKat)

PCC Page 30: Managing your tentacles: Cautious Co and IPOff Ltd (PatLit) (PatLit)

The UK Patent Box – more details, not necessarily much more clarification (IP finance) (IP finance) (Solo IP) (IP finance) (Intellectual Property Tax)

Gaston Kroub on the UKIPO ‘Green Channel’ initiative two years In (Part I – Green Patent Blog) (Part II – Green Patent Blog)


United States

US Patent Reform

Patent Reform Act stumbles over control of money (Patent Baristas) (Patent Baristas) (Patent Baristas)

Patent Reform – The Remix (Patents Post Grant Blog)

Amendments to America Invents Act (Inventive Step)

Commerce Secretary provides Administration’s views on America Invents Act (Patent Docs)


US Patents

Professor Kieff: Problems with first-to-file (Patently-O)

N.D. Illinois chosen for Patent Pilot Program (Chicago IP Litigation)

Encouraging Patentee Cooperation in ex parte patent reexamination (Patents Post Grant Blog)

A modest proposal? Identifying the invention within the patent application (Patently-O)

indentifying the invention as part of the claims (Patently-O)

Fundamentals of patent prosecution highlights claim drafting preparation of patent application (Patent Law Center)

BPAI judicial diversity and appeal win rate (Patently-O)

Obviousness decisions at the BPAI (Patently-O)


US Patents – Decisions

CAFC establishes new standard for inequitable conduct: Theresense v Becton, Dickinson (Filewrapper) (Patents Post-Grant)

CAFC: The jury black box; teaching away; commercial success; and treble damages: Spectralytics v. Cordis (Patently-O)

BPAI considers patent reissue oath directed only to new claims: Ex Parte Kuiacose Joseph et al (Patents Post Grant Blog)

‘Broadest reasonable claim construction’ in Reexamination: Does it really matter?: BPAI decision in Ex parte Lacks Industries (WHDA)

District Court E D Virginia: Non-practicing entity’s  choice of forum not entitled to deference: Adiscov, L.L.C. v. Autonomy Corp., PLC, et. al. (Docket Report)

District Court E D Texas: Plaintiff’s concession of invalidity following claim construction undermines Defendant’s claim for Attorneys’ Fees: BarTex Research LLC v. FedEx Corporation, et. al (Docket Report)


US Patents – Lawsuits and strategic steps

Boston Beer Corporation – ALJ Gildea grants motion to terminate investigation in Certain Glassware (337-TA-767) (ITC 337 Law Blog)

Learning Curve Brands – False patent marking: Filed settlement agreement: Heathcote Holdings Corp. v. Learning Curve Brands, Inc. (Chicago IP Litigation)

SimpleAir – E D Texas denies motion to transfer: SimpleAir v AWS Convergence (

Smith & Wesson Corp. – ITC institutes investigation (337-TA-777) regarding Certain Muzzle-Loading Firearms and Components Thereof (ITC Law Blog) (ITC 337 Law Blog)


US Copyright – Decisions

1st Circuit: Ownership of a copyright in a television show governed by work for hire agreement confirming earlier oral agreement: TMTV Corp. v. Mass Productions Inc. (Copyright Litigation Blog)


US Copyright – Lawsuits and strategic steps

Marvel Enterprises – 2nd Circuit brief: The Spiderman Copyright : Lee v Marvel (Copyright Litigation Blog)


US Trade Marks – Decisions

CAFC affirms TTAB’s DEALERDASHBOARD mere descriptiveness decision: Dalton v Honda Motor Co (TTABlog)

TTAB Precedential No. 14: Applying collateral estoppel to the ownership issue, TTAB enters summary judgment in “WINNIE THE POOH” trademark dispute: Stephen Slesinger Inc. v. Disney Enterprises Inc. (TTABlog) (Patent Arcade) (Property, intangible)

District Court Connecticut: When are you a “distributor”?: Country Fare v Lucerne Farms (Property, intangible)


US Trade Marks – Lawsuits and strategic steps

Adidas – Brooks sues Adidas over PUREPROJECT shoe trademark (Seattle Trademark Lawyer)

Pusser’s – Seattle bartenders join boycott of perceived trademark bully (Seattle Trademark Lawyer)

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