General Global Week in Review 25 July 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:

USPTO proposes to modify applicants duty to disclose, following Therasense in limiting the scope of materiality (Patently-O) (Patent Docs) (Patents Post-Grant)

European Commission publishes report on EU customs enforcement of intellectual property rights (PatLit) (IPR Helpdesk) (IP Dragon) (Innovationpartners)


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

What has IP reputation done for you? (IP Think Tank)

Scientific American on BRIC’s IP environment (BIOtechNOW)


Global – Patents

Considerations about applying for a patent (Inventive Step)



Access Copyright’s responds to motion and submissions re alleged refusal to provide transactional licenses (Excess Copyright)

Ariel Katz’s reply to Access Copyright’s submission re transactional licensing issue (Excess Copyright)

Target vs Target: Battle of the brands: Target Brands Inc. v. Fairweather Ltd (IPblog)

Judgement against counterfeiters: Louis Vuitton Malletier S.A. et al. and Singga Enterprises (Canada) Inc. (IPblog)



No shelter for Chinese IP infringers as Special Action Programme strikes home (IPKat)

85% of all products seized at EU border originate from China (IP Dragon)

Fangchenggang fairytale: How a magic Mercedes-Benz became a humble Honda (IP Dragon)

Honda succeed in China – but should they be careful what they wish for? – Supreme Court allows registration of car design (Class 99)

Press conference: DaVinci Furniture GM’s nose grows longer than Pinocchio’s – export-and-import scheme to sell China made furniture as Italian made (IP Dragon)

Anti-monopoly law and practice in China: A must read (China Law Blog)



EU announces €7B for innovation, RD (IP Watch)

Europe falling further behind in innovation says new Commission’s ‘Innovation Union Competitiveness Report 2011’ (IAM)

Parliament study: ACTA not fully in line with EU rules (IP Watch) (Michael Geist)

European Commission ‘Report on EU customs enforcement of intellectual property rights’: not much news on patents (PatLit) (IPR Helpdesk)

European Commission ‘Report on EU customs enforcement of intellectual property rights’: Customs enforcement of IP – Huge success (Innovationpartners)

Long-awaited EU unitary patent possible as prospects brighten (Patent Law Practice Center)

Ikea’s appeal rejected at a glance: General Court confirms likelihood of confusion between GLÄNSA and community trademark GLANZ (Class 46)



Infringement by depiction – right to cite derailed in Germany – BGH decision in design dispute between Deutsche Bahn and Fraunhofer Institute (Class 99)



Indian granted patents…diminishing focus on future enforceability? (Spicy IP)

Patents granted in Indian Patent Office plunge (Patent Baristas)

Govt. repeats same mistakes with new Copyright Board (Spicy IP)

Guest Post: Bollywood battles over scripts (Spicy IP)

An RTI (right to information) wake-up call for the IPO (Spicy IP)



Report: Conference on IP in Jewish Law (IP Factor)

Madrid – One year on (IP Factor)


Latin America

Teamwork & collaboration – does it work? – PROSUR collaborative actions in patent examination project pilot (IP tango)



District Court Amsterdam: Judge denies protection for slogan ‘Turn Up The Bass’ in summary proceedings (Class 46)



Nations as brands (IP tango)



These are not precedents in similar cases (Class 46)


Sierra Leone

Sierra Leone celebrates New Copyright Act (Afro-IP)



Patent invalidity in Singapore – is it a black and white issue?: Dien Ghin Electronic (S) Pte Ltd v Khek Tai Ting (PatLit)


South Africa

Protecting image rights (IP finance)


South Sudan

South Sudan: no IP change yet (Afro-IP)


United Kingdom

EWHC (Pat) finds Select exclusive licensee of patent but patent invalid and not infringed: Select v. Cromptons (EPLAW)

Harry Potter and the idea/expression dichotomy (1709 Blog)

‘Trade Mark Incentives’: new official report from the UK IPO (Class 46)

When negotiations don’t end in a done deal Ebden v News International Ltd (1709 Blog)


United States

US General

US Chamber urges highest IP standards in trans-pacific trade pact (IP Watch)

Federal judiciary: Kennedy nominees still serving country – from The Federal Lawyer (Copyright Litigation Blog)


US Patent Reform

The impact of Therasense on patent reform (Patents Post Grant Blog)

America Invents Act Remix (IPKat)

What Congress should do to improve the patent system, step 5 (Patenthink)

BIO 2011: Remarks by Under Secretary of Commerce & Director of the USPTO David Kappos (Patent Baristas)


US Patents

USPTO proposes to modify applicants duty to disclose, following Therasense in limiting the scope of materiality (Patently-O) (Patent Docs) (Patents Post-Grant)

USPTO revises requirements for Patent Prosecution Highway Programs (Patent Docs)

USPTO begins MOTTAINAI Pilot for the Patent Prosecution Highway (Maier & Maier)

AIPLA comments on USPTO’s reexamination proposals (Patents Post Grant Blog)

Resolving differences: How the Federal Circuit treats divergent USPTO and District Court Rulings (Patent Law Practice Center)

What the US Commerce Department Tweet didn’t say about patent applications … (IAM)

Tees & Radar: Patent Pendency 2011 (Patently-O)


US Patents – Decisions

District Court S D New York: ‘Rorschach-image -style complaint’ fails to state a claim for infringement: Lyda v. Fremantlemedia North America (Docket Report)

When the reverse triangular merger comes to save the beta male – Chancery Court Delaware decision in Meso Scale Diagnostics, LLC. v Roche Diagnostics GMBH (IPKat)


US Patents – Lawsuits and strategic steps

Crocs – ITC terminates investigation and issues general exclusion and cease and desist orders in Certain Foam Footwear (337-TA-567) (ITC Law Blog)

Heathcote Holdings – False marking action stayed pending legislative action on America Invents Act: Heathcote Holdings Corp., Inc. v. Suncast Corporation (Docket Report)

Precision Links – Inadequate pre-filing investigation, unsupportable claims construction and unreliable infringement opinion justify award of attorneys’ fees: Precision Links, Inc. v. USA Products Group Inc., et. al. (Docket Report)

Rembrandt Vision Technologies – Judge Ward’s announced retirement “shifts the private and public interest factors more in the direction of transferring venue”: Rembrandt Vision Technologies LP v. Johnson & Johnson Vision Care, Inc. (Docket Report) (

Twin-Star – ITC institutes investigation (337-TA-791) regarding Certain Electric Fireplaces (ITC Law Blog) (ITC 337 Update)


US Copyright

The Innovative Design Protection and Piracy Prevention Act: Litigation, uncertainty, and economic harm (Public Knowledge)


US Copyright – Decisions

2nd Circuit affirms summary judgment of no copyright infringement in dispute over movie about crime fighting hairdresser: Robert W Cabell v Sony Entertainment (Patent Arcade)

District Court E D Wisconsin: A motion for fair use: Brownmark Films, LLC v. Comedy Partners (1709 Blog)


US Copyright – Lawsuits and strategic steps

Church of God – Church of God sues Sony Pictures and Comcast for copyright infringement (TorrentFreak)


US Trademarks

Trademarks dashboard overview (Director’s Forum)

Recommended listening: Anne Gilson LaLonde on ‘Trademarks laid bare – marks that may be scandalous or immoral’ (TTABlog)

An ‘Excellent’ example of a descriptive trademark (Seattle Trademark Lawyer)


US Trade Marks – Decisions

TTAB Precedential No. 15: Finding lack of bona fide intent, TTAB sustains MOSKONISI opposition (TTABlog)

WYHA? TTAB affirms 2(e) mere descriptiveness refusal of MUSCLE MAIZE for supplements (TTABlog)



US Trade Marks – Lawsuits and strategic steps

Lamborghini – Lamborghini launches trademark infringement lawsuit over Dal Toro logo: Lamborghini v. Palazzo Resort (Trademark Blog of the Trademark Lawyer’s Mind )

Sprinkles Cupcakes – Sprinkles Cupcakes wages trademark lawsuit: Sprinkles Cupcakes v. Pink Sprinkles (Trademark Blog of the Trademark Lawyer’s Mind )

Starbucks – Starbucks sues for declaration of no trademark infringement over SDN mark: Starbucks Corp. v. South Dakota Network, LLC (Seattle Trademark Lawyer)

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