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General Global Week in Review 21 March 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:

CAFC: False marking must be pled with particularity: In re BP Lubricants USA Inc (Inventive Step) (IPBiz) (271 Patent Blog) (Gray on Claims) (Patent Law Practice Center) (Patently-O) (IP Spotlight)

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

US IP enforcement ambitions in Trans-Pacific Trade Agreement stir reactions (IP Watch) (LawFont)

Global – Patents

When it comes to the IP wealth of nations, the US is miles ahead of the rest (IAM)

Vancouver takes up the CASE for shared patsearch and exam results (IPKat)

Top 5 Patent Myths (Article One Partners)

The increasing blur between expert and amateur (Article One Partners)

Crowd creation and wisdom (Article One Partners)


Raising the bar on the patent system in Australia (IP Whiteboard)

Patent reform exposed part III – Provisional specifications (Patentology)


Holograms & other non-traditional trade-marks in Canada (IPblog)

Missing appointment of agent proves fatal to patent application: Unicrop Ltd v CIPO (IP Osgoode)

Approval of $45 million Estate of Chet Baker Estate class action settlement is somewhat unsettled (Excess Copyright)

‘Green’ patent amendments now in force (IP Osgoode)


Published rules of the law of neutrality in the network (IP tango)


Beijing’s Silk Market (IP Dragon)

Trademark reality check from Fujian (China Hearsay)


Europe: divided we stand (IPKat)

One EU patent, 27 courts (Patently-O)

Patent costs under the microscope again – EC invites tenders for research into patent costs and impact on innovation (IP finance)

EU report says CETA IP provisions would increase consumer prices, royalty deficit (Michael Geist)


Finland to join London Agreement, relaxing patent translations (inovia)


Germany not too far from Spain to cause prejudice, rules General Court: Ifemy’s Holding GmbH v OHIM, Dada & Co. Kids Srl (IPKat)


Registration in a day – Trademark’s believe it or not! (Spicy India)

The plagiarism parampara and the guru-shishya tradition (Spicy IP)

Supreme Court stays Copyright Board compulsory licensing order (Spicy IP)

Parallel imports, exports and access to education: A numbers game (Spicy IP)

‘Soundbox’ carries interview with Javed Akhtar on the story behind the Copyright Amendment Bill, 2010 (Spicy IP)

Trademark infringement: No confusion just dilution: T.V Venugopal v. Ushodaya Enterprises (Spicy IP)

Shortened Parliament session and IP Bills (Spicy IP) (Spicy IP)


A few more words on ‘Overlap’ (America-Israel Patent Law)


Red dragon vs. red bulls (Class 46)

A letter is not enough (Class 46)

United Kingdom

Innocent … until politely requested to be guilty – Innocent Drinks vs innocent vitamins (IPKat)

Copyright in currency: taking note of the Bank of England (1709 Blog)

Supreme Court – Star Wars: the hearing: Lucasfilm v Ainsworth (1709 Blog)

PCC Page 20: Back to being cautious, and not letting the experts loose (PatLit)

Open justice and access to documents: can the Patents Court lead the way? (PatLit)

United States

US Patent Reform

US Patent Reform: America Invents Act passes Senate with broad support and status update (Maryland IP Law Blog) (IPblog) (Patent Law Practice Center)

Post-disclosure grace period – unique but good policy (Patently-O)

What are the provisions of the proposed ‘First-inventor-to-file’ System in S. 23? (Patent Docs)

Inventor’s interests, if not rights, limited by S. 23 (Patent Docs)

US Patents

USPTO to reset patent re-examination dates for earthquake victims (Patents Post Grant Blog)

False marking settlement updates (Patently-O)

White House issues proposals for IP legislation (IP Watch)

Who is suing for patent infringement? (Patently-O)

Proving accessibility of a publication in patent re-examination (Patents Post Grant Blog)

New quality measure added to February dashboard (Director’s Forum)

US Patents – Decisions

CAFC: False marking must be pled with particularity: In re BP Lubricants USA Inc (Inventive Step) (IPBiz) (271 Patent Blog) (Gray on Claims) (Patent Law Practice Center) (Patently-O) (IP Spotlight)

CAFC urges deference to PTO reexamination determinations: Old Reliable v Cornell (Reexamination Alert) (IPBiz) (Patents Post Grant Blog)

The ‘Hobson’s Choice’ trilogy – Concerns about litigation costs settlements change procedures in multidefendant patent case: Parallel Networks v. Abercrombie & Fitch, et al, (

Accushnet prevails in patent re-examination: Callaway Golf and Acushnet (Patents Post Grant Blog)

Star scientific wins patent reexamination battle, but is the war already lost? (Patents Post Grant Blog)

District Court N D Ohio: Qui Tam provisions of false marking statute are unconstitutional even if considered civil or civil-criminal hybrid: Unique Product Solutions, Limited v. Hy-Grade Valve, Inc (Docket Report)

District Court N D Illinois: Lack of intent to deceive warrants summary judgment of no false marking: Heathcote Holdings Corp., Inc. v. William K. Walthers, Inc (Docket Report) (Gray on Claims)

District Court C D California:  Falsely advertising compliance with patented method constitutes false marking: King Tuna v. Anova Food (Docket Report)

ITC reverses initial determination and finds no violation in Certain Connecting Devices (337-TA-587) (ITC Law Blog)

ITC issues limited exclusion order and cease and desist orders in Certain Automotive Vehicles (337-TA-722) (ITC Law Blog)

US Patents – Lawsuits and strategic steps

Graco – False marking complaint alleging due diligence, prior litigation, and financing activities concerning falsely marked products: Brinkmeier v. Graco Children’s Products Inc (Docket Report)

Hewlett-Packard – ALJ Rogers rules on motion for sanctions in Certain Inkjet Ink Cartridges with Printheads (337-TA-723) (ITC Law Blog) (ITC Law Blog)

Horizon Hobby, Inc – ITC institutes investigation (337-TA-763) regarding Certain Radio Control Hobby Transmitters and Receivers (ITC Law Blog)

Itex – ‘Downstream Sales Information’ not relevant to reasonable royalty or lost profits: Itex, Inc., et. al. v. Westex, Inc (Docket Report)

Loops – Repeated discovery violations warrants terminating sanctions: Loops, LLC, et. al. v. Phoenix Trading, Inc., et. al. (Docket Report)

Raylon – Less-than-cost-of-defense settlements do not warrant Rule 11 sanctions when used to raise capital for litigation: Raylon, LLC v. EZ Tag Corporation, et. al (Docket Report)

Schweitzer-Mauduit – ALJ Gildea sets procedural schedule in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756) (ITC Law Blog)

TecSec – Failure to establish direct infringement by customers sinks indirect infringement claims: TecSec, Incorporated v. International Business Machines, et. al (Docket Report)

Whirpool – Whirlpool challenge to three LG refrigerator patents among the reexamination requests filed week of 2/28/11 (Patent Law Practice Center)

US Copyright – Lawsuits and strategic steps

Supreme Court grants cert: Golan v. Holder (Technology & Marketing Law Blog) (Shades of Gray) (IP Section)

US Trade Marks – Decisions

TTAB decides priority dispute in ZORLAC skateboard clash (Property, intangible) (TTABlog)

Test your TTAB judge-ability: Do you have a beef with this section 2(d) decision? – In re Ridgefield Farm LLC (TTABlog)

TTAB dismisses HOT POCKETS 2(d) opposition due to weakness of POCKETS formative (TTABlog)

WYHA? ALLENS NATURALLY refused registration over ALEN AMERICAS for cleaning preparations (TTABlog)

US Trade Marks – Lawsuits and strategic steps

EB’s Fine Handbags – Seattle seller caught with 33,700 fake handbags (Seattle Trademark Lawyer)

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