General Global Week in Review 25 October 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:

USPTO announces launch of second peer to patent pilot program (Inovia IP) (IP Watch) (IP: KCE) (Patently-O) (Article One Partners)

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

Simple steps to rev your innovation engine (IP Think Tank)

Is IP ultimately not about rights but about trust? (IPKat)

OECD to get its claws sunk into intangible assets (IAM)

Statement of the Holy See at 48th WIPO General Assembly (Knowledge Ecology International)

Global – Trade Marks / Brands

Coming (maybe): A tide dry cleaner near you? (IP finance)

Global – Patents

A coda to ‘Patent data and innovation: Once again, so much and yet so little’ (IP finance)

SCP agrees on future work on patent-related issues (WIPO)

Time to draw a line under trolls (Tangible IP)

Global – Copyright

The odd case of Dennis the Menace (PlagiarismToday)

WIPO releases program for ‘Global Meeting on Emerging Copyright Licensing Modalities’ (Knowledge Ecology International)


Algeria curries flavour with Gurry (Afro-IP)


Boo hoo to you, no new MOU – MOU between IP Australia and the IP Office Singapore ceases 6 December (IPKat) 

Coke, Pepsi and the shape of the bottle (ipwars)


WIENER WERKSTÄTTE, or the Austrian exception? (Class 46)


Bloc MP seeking Canadian hearings on ACTA (Michael Geist)


‘Los 33’ – alive, but how healthy are the brand’s prospects? (IPKat) (IP tango)


Acrobats show the way of doing business in China: Register IPRs and join competition (no need to be contortionist though) (IP Dragon)

China trademarks and litigation and speed as the enemy of accuracy. Get me Goldilocks (China Law Blog)

IP rights and antitrust – awaiting guidelines (and the Tsum-Sony Case): Tsum (Shanghai) Technology Co Ltd v Sony (China Law Insight)

Trademark infringement in parallel importation: Michelin Group vs. Tan Guoqiang and Ou Can (China Law Insight)

China’s real challenge is innovation not patents (IAM) (ipeg)


Innovation Union – 2020 foresight, or time for some Union-bashing? (IPKat)

First speech of new OHIM President António Campinos (Class 46) (Class 99)

The best possible Association Agreement? The EU and Central America negotiations (IP tango)


German Federal Supreme Court on staying infringement proceedings in cases in which patentee asserts only limited claim version as compared with granted claim – Maschinensatz (Machine assembly) (EPLAW)

German Federal Patent Court: Annual Report 2009 (Class 46)

Hong Kong

International Intellectual Property Summit in Hong Kong (IP Dragon)


Bifurcation system (EPLAW)


Madrid System & Indian trademark owners – Part I & 2 (Spicy IP) (Spicy IP)

Madras High Court dismisses Dr. Wobben’s appeal against the IPAB’s Order (Spicy IP)

Thou shalt be heard: says Bombay High Court in patent abandonment case (Spicy IP)

Delhi High Court raises the threshold for trademark dilution suits – KAMADHENU (Spicy IP)

India update – Compulsory licenses and how to lose a patent by not disclosing progress of foreign equivalents (IP Think Tank)


Israeli Hospital inventors to receive royalties for their inventions (IP Factor)

Israel Commissioner of Patents criticized by Chairman of the Knesset Constitution, Law and Justice Committee (IP Factor) (IP Factor)

Injunction issued against performance of Karius and Bactus: Golan Avirama and others v. Gal Duby and others (IP Factor)


Kenya launches ‘virtual’ courts (Afro-IP)


APAA, the Asian Patent Attorneys Association: Design Committee meeting: Asian applications – an analysis (Class 99)


Patent infringement on fairground attraction – Ronald Bussink Amusement Design v. Otten (EPLAW)

Non-infringement case: Safeway v. Kedge Holding (EPLAW)

Infringement of medical device: AGA Medical Corporation v. Occlutech (EPLAW)

Nijntje (Miffy) sees Cathy in Court (Class 46)


WIPO gatherings in Nigeria (Afro-IP)


Confusion with regard to ENERGY (Class 46)


Slovakian cheese gets TSG treatment (Class 46)

South Africa

Cape Town graffiti code: some implications for copyright (Afro-IP)


Flavour of the month: this time it’s Spain (Class 99)

United Kingdom

ACTA in the UK (Techno Llama)

Has Harry Potter crossed the line? Allen v Bloomsbury Publishing Plc & Anor (1709 Blog) (IP Whiteboard)

The chips are down in spud-separator shoot-off – EWCA judgment in Grimme Landmaschinenfabrik GmbH & Co KG v Derek Scott (trading as Scotts Potato Machinery) (IPKat) (EPLAW)

Tate & Lyle v Roquette Frères: meticulous verbal analysis? (IPKat)

Sudden outbreak of common sense? ‘Initial interest confusion’ part of EU trade mark law, says judge – EWCH decision in Och-Ziff Management Europe Ltd & Anor v Och Capital LLP & Anor (IPKat)

Rooney: will his image rights income wax or wayne? – EWHC (QB) judgment in Proactive Sports Management v Wayne Rooney (IPKat)

The PCC Page, no.2: ‘PCC Tips: Is the PCC my cup of tea?’ (PatLit)

PCC Update 1: new regime, new judge, old case, old rules: Technical Fibre Products Ltd & Anor v Bell & Ors (PatLit)

Formula 1 fight for right to race as Nelumbo Nucifera (IPKat)

Summary judgment, but no quick fix on costs: Patents County Court decision in Nike International Ltd & Ors v Bateman (IP finance)

United States

US Patents

USPTO announces launch of second peer to patent pilot program (Inovia IP) (IP Watch) (IP: KCE) (Patently-O) (Article One Partners)

Taking steps to improve patent quality (Director’s Forum)

USPTO 2010-2015 strategic plan released (Director’s Forum)

New examiner performance appraisal plans (just_n_examiner)

Getting a patent examiner job through peer-to-patent volunteerism (Patently-O)

False marking – Over 500 suits filed in 2010; New Bill proposed to ‘fend off’ such suits (Gray on Claims)

How complete is the USTPO patent database? (The Patent Librarian’s Notebook)

Patent #8,000,000 in 2011? (The Patent Librarian’s Notebook)

Broadening patent reissue pendency (Patents Post Grant Blog)

Is the Western District of Wisconsin ‘fast’ for patent litigation cases? (Docket Report)

Fast tracking inter partes patent re-examination by agreement (Patents Post Grant Blog)

Fixing indirect infringement problems in patent reexamination? (Patents Post Grant Blog)

Trends in motions to stay pending patent reexamination (Patents Post Grant Blog)

US Patents – Decisions

CAFC: Patent reissue oath impacts claim interpretation: Lucky Litter v ITC (Patents Post Grant Blog)

District Court W D Washington: Toyota tends Gardner with hybrid vehicle patent win (Green Patent Blog)

District Court S D New York: Court’s ruling that LCD television claims are method of use and not method of manufacture under Section 271(g) impacts numerous related customer lawsuits and warrants certification for interlocutory appeal: Anvik Corporation v. Sharp Corporation, et. al (Docket Report)

Stays pending patent reexamination: Sweetening the deal: TDY Industries v Ingersoll Cutting Tool Co (Patents Post Grant Blog)

District Court E D California: False marking complaint alleging defendant had ‘no reasonable basis to believe’ its products were patented sufficiently pled intent to deceive: Hallstrom v. Aqua Flora, Inc. et al. (Docket Report)

District Court Delaware: Prosecution Counsel’s knowledge of related litigation and timing of disclosure justify inference of intent to deceive at summary judgment: Soitec Silicon On Insulator Technologies SA et al v. MEMC Electronic Materials Inc. (Docket Report)

District Court E D Texas: Compliance with Court Order requiring election of claims does not bar later assertion of non-elected claims: LML Patent Corp. v. JP Morgan Chase & Co. et al (Docket Report)

District Court N D Illinois: Marking with expired patent sufficient for pleading intent: Simonian v. Bunn-O-Matic Corp. (Chicago IP Litigation Blog)

District Court N D Illinois: Court will not rewrite claims to avoid nonsensical results: Viskase Cos., Inc. v. World Pac Int’l AG (Chicago IP Litigation Blog)

US Patents – Lawsuits and strategic steps

BP Lubricants – US sides with false marking defendants and urges strict compliance with fraud pleading requirements (Docket Report)

Nichia – Nichia sues US toolmaker over led patents: Nichia v. Wilmar Cooperation (Green Patent Blog)

Numark Industries – Numark seeks 337 investigation for DJ Equipment (ITC 337 Update)

US Copyright

Senators Sanders and Brown write to Kappos at USPTO, ask if ACTA is consistent with US law (Knowledge Ecology International)

Access to orphan works, and ACTA provisions on damages (Knowledge Ecology International)

USTR’s implausible claim that ACTA Article 1.2 is an all purpose loophole, and the ramifications if true (Knowledge Ecology International)

US Copyright – Lawsuits and strategic steps

Getty Images – ‘A picture’s worth a thousand words …’ Really? – Getty pursues copyright claim against US Senate candidates over use of image (IPKat)

Golan – Going for five? Golan tries again: Golan v Holder (1709 Blog)

Whitley, Keith – It’s all (hopefully) coming back to me now – family of late Keith Whitley sue Sony Music Entertainment for allegedly failing to pay bonus royalties (1709 Blog)

US Trademarks

USPTO to stop trade mark bullies? (IPKat)

Recommended reading – Anthony Fletcher’s article ‘The Product with the Parody Trademark: what’s wrong with CHEWY VUITON?’ (TTABlog)

US Trade Marks – Decisions

TTAB affirms genericness refusal of ‘JOC’ for… Guess what? (TTABlog)

TTAB cancels EQUINE BODY WORKER registration for lack of acquired distinctiveness (TTABlog)

INVENT! INVENT! INVENT! PATENT IT! confusingly similar to PATENT IT!, says TTAB (TTABlog)

Pamela Chestek explains the TTAB’s recent NITELIFE ownership decision (TTABlog)

TTAB sustains opposition to registration of Carroll Shelby’s ‘Cobra 427 S/C Vehicle Shape’ due to lack of acquired distinctiveness (TTABlog)

And the answer is…. Who owns the ‘Walter Mercado’ mark, Mercado or Bart Enterprises?’ District Court Puerto Rico judgment in Mercado-Salinas v Bart Enterprises; District Court S D Florida judgment in Walter Int’l Prods, Inc. v. Mercado Salinas (Property, intangible)

US Trade Marks – Lawsuits and strategic steps

Marvel Comics – Marvel sues tool manufacturer for use of ‘Hulk’ brand (IPKat)


Cure for an Ache: Light Years away – protection of tribal name (IPKat)

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