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General Global Week in Review 21 Feb 11 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:

Australian Advisory Council on Intellectual Property releases Final Report on Patentable Subject Matter (Patentology) ( (IP Whiteboard) (IPKat)

European Parliament gives go-ahead for enhanced cooperation (EPLAW) (IPKat) (IPKat) (Peter Zura’s 271 Patent Blog)

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

Fail to protect associated IC (no. 5 in our list of IP mistakes) (IP Think Tank)

An open approach to IP risks – Onzo approach (IP finance)

WTO GI discussions gather speed, parties watchful until negotiations (IP Watch)

That IP advice for SMEs: the advisers respond (IPKat)

Discovery of Coca-cola’s secret formula? (Anticipate this!) (Spicy IP)

Changing business models: JV evolves into non-exclusive licence (IP finance)

Global – Patents

USPTO and EPO agree to principles of joint patent classification system (Patent Docs)

PCT filing slump continues in US and Europe, but north-east Asia saves the day (IAM) (Foreign Filing Blog)

Patent translation 101 (Patent Baristas)

Ocean Tomo loses yet another big hitter (IAM)

Nanotechnology patents spreading but regulatory framework needed (IP Watch)

Transfer of priority rights (IPKat)

Global – Copyright

Public Knowledge seeks limits on ACTA trade deal (Public Knowledge)

Wikileaks on ACTA’s development (Spicy IP)


Advisory Council on Intellectual Property releases Final Report on Patentable Subject Matter (Patentology) ( (IP Whiteboard) (IPKat)

IP contributes 3.7% to Book Value of ‘Australia, Inc’ (Patentology)

IP Australia’s ‘case management’ of divisional applications (Patentology)

Australia accused of using development aid to push trade agreements (IP Watch)


‘Education’ as the ‘e’ word in Bill C-32 (Excess Copyright)


China’s National Patent Development Strategy (2011-2020) (IP Think Tank)

Should there be trade barriers for Chinese companies buying core global patent portfolios in new technology? (IP Dragon)

China as intellectual property powerhouse? Someday. Maybe. (China Law Blog)

China IP law. Straight from THE judge’s mouth. (China Law Blog)

How to protect you IP in/from China? (China Law Blog)

Splitting your brand in China? Be the funnel. (China Law Blog)

Patents and national security – the shape of things to come (IAM)

Litigating IP in China: A word of advice regarding evidence and proof (IPKat)


European Commission sued on EU-India bilateral trade deal (IP Watch)

European Parliament gives go-ahead for enhanced cooperation (EPLAW) (IPKat) (IPKat) (Peter Zura’s 271 Patent Blog)

The criteria to calculate damages introduced by the Law that implemented Directive 2004/48/EC: does ‘and’ mean ‘or’? (Kluwer Patent Blog)

Looking for the final questions for the ECJ in the Onel case? Here they are! (Class 46)

How to get the wrong invention searched (Tufty the Cat)

Formula One licensing crashes out in TM opposition: Case T-10/09 Formula One Licensing BV v OHIM (IPKat)

Mediterranean airlines safe in Luxembourg – General Court confirms no likelihood of confusion in Case T-194/09 Lan Airlines v OHMI – Air Nostrum (Class 46)

General Court confirms likelihood of confusion between Yorma’s and Norma (Class 46)

General Court rejects INSULATE FOR LIFE: T-157/08 (Class 46)

Piacentinu Ennese PDO for cheese (Class 46)

GI protection for roast goose and alcoholic lemon (Class 46)


German Federal Patent Court decides in Neuschwanstein castle trade mark dispute (IPKat)

He laughs best who laughs first: damages for provisionally enforced judgments (Kluwer Patent Blog)


Summarising the IPRS dispute (Spicy IP)

Controversial MoU between IPRS-PPL-IPI, dated 12 November, 1993 now available on our website (Spicy IP)

The story of how IPRS took both, the Civil Judge, Barasat & the Registrar of Copyrights for a ride (Spicy IP)

Will the Registrar of Copyrights ensure ‘justice for all’ affected by the mismanagement at IPRS? (Spicy IP)

Did the Copyright Office goof up when it recognized IPRS as a Copyright Society back in 1996? (Spicy IP)

The ‘Numbers’ continue to talk – PPL’s revenues from mobile ringtones has zoomed up by 1857% in 6 years; from Rs. 7 crores to Rs. 137 crores (Spicy IP)

Copyright Office provides PPL’s Annual Report for 08-09; Rs. 100 crores earned from ringtone and web streaming! (Spicy IP)

RTIs reveal intense battle between Registrar of Copyrights and IPRS, over release of royalties to lyricists and composers (Spicy IP)

The story of the litigation leading up to the ‘Special Resolution’ which curbed the rights of authors and composers (Spicy IP)

The story of how ‘Big Music Companies’ slowly but surely took over control of IPRS (Spicy IP)

Did the big music companies on IPRS & PPL collude to deny lyricists and composers crores of rupees in ‘ringtone royalties’ – An investigation (Spicy IP)

Enercon litigation gets wings – flies from Madras to Delhi; IPAB hosts Enercon orders on its website (Spicy IP)

IPO publishes Draft Design Manual; seeks comments (Spicy IP)

Liquid sunshine from Scotland gets GI in India (Spicy IP)

Did the Registrar of Trade Marks have the jurisdiction to revoke the MANJAL trademark? (Spicy IP)

MANJAL removed from trademark register (Spicy IP)

Outsourcing Indian patent searches to CSIR: Insourcing conflict? (Spicy IP)

PCT national phase entry into India (Foreign Filing Blog)


IPR enforcement and the Special 301 review (IP Komodo Dragon)


Overdoing it with ‘overlap’: An obvious way the Israel PTO could learn from U.S. ‘obviousness-type’ double patenting practise (America-Israel Patent Law)

Injunction by ORT Israel against World ORT using name in Israel overturned (The IP Factor)

United Kingdom

An epic tale of… erm, patents and trademarks – EWHC (Pat) decides Datacard v Eagle (IPKat) (EPLAW)

EWHC (Ch): Play-Doah ruling goes Hasbro’s way: Hasbro v Nahrmittel (Class 46) (IPKat)

Hargreaves and the SME litigants (Solo Independent IP Practitioners)

The patent attorney’s rights of representation – the English approach – Atrium v DSB (Kluwer Patent Blog)

PCC page 16: How big are the patent attorney’s boots? (PatLit)

United States

US General

Public Knowledge tells USTR: Adopt a more rational trade policy (Public Knowledge)

KEI comments on USTR 2011 Special 301 Review (KEI)

Theft of trade secrets: pinning down a reasonable assessment of damage (IP finance)

US Patent Reform

House Subcommittee hearing on patent reform (Inventive Step)

Judge Michel tells Congress Patent Office should keep fees, provides views from his days on bench (Maryland Intellectual Property Law Blog)

Patent reform efforts target ‘false marking’ lawsuits and tax inventions (Maryland Intellectual Property Law Blog)

This week in patent reform (Patents Post-Grant)

Reaction to Senate Patent Reform Bill (S. 23) (Patent Docs)

US Patents

January patents dashboard changes and COPA (Director’s Forum)

CAFC dispositions – patent infringement appeals (Part I – Patently-O) (Part II – Patently-O)

CAFC dissenting in patent cases (Patently-O)

Empirical study on wilfulness post-Seagate – the more things change, the more they stay the same (Peter Zura’s 271 Patent Blog)

Teresa Stanek Rea takes post as Patent Office Deputy Director (Patently-O)

USPTO requests budget increase, expects rise in applications (IP Watch) (Patently-O) (IPBiz)

USPTO promulgates Guidelines for Applying 35 U.S.C. § 112, 2nd Paragraph (Patent Docs)

Summary of false marking settlements May – December 2010 (GRAY on Claims)

Article One announces $25,000 bonus for 2010 (Article One Partners Blog)

Should I request ex parte or inter partes reexamination? (Reexamination Alert)

Recapture doctrine before the CAFC: In re Mostafazedeh (Patents Post-Grant)

US Patents – Decisions

District Court S D New York: Patentee’s ‘sufficiently plausible’ belief as to the scope of patents negates intent to deceive necessary for false marking claim: Max Impact v Sherwood Group (Docket Report)

District Court E D Texas – Marshall jury verdict for plaintiff; invalidity rejected even under ‘preponderance’ standard: Alexsam v. IDT (

District Court W D Virginia: Virginia Patent Foundation’s motion for reconsideration denied – Intervening rights still absolve GE of damages for activities before reexamination certificate issue date (Reexamination Alert)

US Patents – Lawsuits and strategic steps

Butamax  – BP-DuPont Biofuels JV takes Gevo to court (Green Patent Blog)

Georgia-Pacific Consumer Products – ALJ Gildea grants motion to terminate investigation in Certain Electronic Paper Towel Dispensing Devices (337-TA-718) (ITC 337 Law Blog)

Harlequin – Harlequin kiss patent: an interview with inventor Michelle Renaud (Patent Baristas)

Magotteaux  – ITC issues opinion temporarily rescinding remedial orders in Certain Composite Wear Components (337-TA-644) (ITC 337 Law Blog)

SEB – Induced patent infringement standard to be considered by Supreme Court: Global-Tech Appliances, Inc. v. SEB, S.A (Maier & Maier)

US Copyright

Fair use for poetry: Best practices for parody, satire, remixes, epigraphs and other uses (IP Osgoode)

US Copyright – Decisions

7th Circuit: No copyright, moral rights in flower gardens under VARA: Chapman Kelly v. Chicago Park District (Copyright Litigation Blog) (Property, intangible)

District Court Utah: Nana-na-boo-boo, you can’t sue me – sovereign immunity claim in a copyright infringement suit: Wilcox v Career Step (1709 Copyright Blog)

US Copyright – Lawsuits and strategic steps

Ascalon, D – Holocaust sculpture battle settled (The IP Factor)

Salinger, J D  – Unsettling settlement (Likelihood of Confusion)

US Trademarks

TPAC quarterly meeting summary – Feb 11 2011 (TTABlog)

US Trade Marks – Decisions

TTAB dismisses fraud claim based on fabricated specimen of use: opposer failed to prove fraud ‘to the hilt’: Information Builders, Inc. v. Bristol Technologies, Inc. (TTABlog)

Test your TTAB judge-ability: two cases of beer and wine: In re Upslope LLC (TTABlog)

Test your TTAB judge-ability: two 2(e)(3) refusals for your perusal: In re Jonathan Drew, Inc. d/b/a Drew Estate (TTABlog)

US Trade Marks – Lawsuits and strategic steps

American Humane Society – King’s Speech suffers fresh impediment – dispute over the use of the phrase ‘no animals were harmed’ (IPKat)

Coach – Seattle eBay seller’s lawsuit against Coach gets national attention (Seattle Trademark Lawyer)

Ford Motor Co – Ford files suit against Ferrari for infringing its ‘F-150’ trademark (IPKat) (The IP Factor)

Laham, Tim – The ultimate trademark? – TRADEMARK (TM) (Likelihood of Confusion)

Subway – Iowa chain sues Subway, wants its own ‘Footlong’ (BlawgIT)

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