General Global Week in Review 26 Oct 09 from IP Think Tank

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Highlights this week included:

New USPTO procedures likely to delay action in requests for continued examination of patent applications (IP Spotlight) (Patently-O) (Inventive Step)

12 Republican Senators send letter to Senate Majority Leader re concerns about post-grant review provisions in S.515 (Inventive Step) (Peter Zura’s 271 Patent Blog)

Questions on acquiescence for ECJ in Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc (Class 46) (IPKat)

Global – General

Should entrepreneurs care about IP and should IP Offices help them – IP Think Tank podcast, 8 October 2009 (IP Think Tank)

ACTA remains closed: The difference between inclusion and transparency (Public Knowledge)

Can one contract around a trade secret? (IP finance) (IP finance)

Why licensing negotiations fail (Innovationpartners)

Global – Patents

Patent reality check: Litigation not a viable revenue source for most inventors (IP Asset Maximizer Blog)

Dow and Fuji Xerox join Eco-Patent Commons; scheme needs more commitment if it is ever to be a success (Managing IP) (IAM)

The coming explosion of the patent monetization market: Brought to you by Open Innovation and what needs to happen in order to speed up the process (IP Asset Maximizer Blog)

Researchers to unlock codes for open source green energy (Patent Lens)

Perpetual protection of traditional knowledge ‘not on table’ at WIPO (IP Watch)

Global – Copyright

Paranoid Android- sharp divide between the approach of old media and new media to copyright and content   (1709 Copyright Blog)

Copyright and A2K: a useful list (1709 Copyright Blog)


Patent literature and innovation in Africa (Patent Lens) (IP Watch)


Association of East Asian Nations – China: IPR cooperation and standard MOUs (IP Dragon)


Australian Federal Court finds claim is a mere collection of elements in light of claim construction: Smith & Nephew Pty Ltd v Wake Forest University Health Sciences (GRAY On Claims)

Mischa Accessories opposes Mischa Barton’s application to register her own name for goods including handbags (IPKat)


Rio 2016: First English translation of the new law (IP tango)


Towards a parody consensus – push and pull of copyright reform (Excess Copyright)

Departing executives owe continuing fiduciary duty to former employer not to use confidential information or poach business opportunities: Gastops v MxI (

Ontario government to cover retroactive Access Copyright bills (Michael Geist)


Telefonica Chile to operate under trade mark Movistar (IP tango)


US-China Economic and Security Review Commission report to Congress: From visible IPR infringements to undetectable cyber espionage (IP Dragon)

IPR/espionage ping-pong case: Fiat sues Great Wall, Great Wall sues Fiat (IP Dragon) (China Hearsay)

IPR challenges in Geely-Ford talks about Volvo (IP Dragon) (China Hearsay)

Massive Chinese copyright trade at Frankfurt Book Fair (IP Dragon)

Russia to China: Kalashnikov assault rifle copyright should be protected (IP Dragon) (The IP Factor)

China trademark law. It’s all good – discussion of World Trademark Review article ‘Research reveals increased US confidence in China’s rights enforcement regime’ (China Law Blog)

Administrative patent proceedings within the Chinese government (Maier & Maier)

Chinese counterfeit integrated circuits sold to US Navy. How to identify them? (IP Dragon)


Legal victory for Coca Cola over trade mark (IP tango)


Danish Supreme Court affirms decision forcing food stall operator using ORIENTEXPRESSEN to change her trade mark (Class 46)


Questions on acquiescence for ECJ in Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc (Class 46) (IPKat)

EWHC questions referred to ECJ in L’Oréal SA v eBay now available on Curia (Class 46)

Disruptive innovations: aspects of German and European woes (BLOG@IP::JUR)

Another brick in the wall? – Alicante News reports on registered Community design invalidation case ICD 5353 (Class 99)

FORD scores at Spanish CTM Court (Class 46)

Ravioli and beans get GI status (Class 46)


Lappish beer migrating south – Lapin Kulta (Class 46)


SFR loses right to French trade mark Texto (Class 46)

Court of Cologne upholds preliminary action lodged by Consorzio del Formaggio Parmigiano Regganio and grants seizure of Argentinian ‘parmesano’ and ‘reggianito’ cheese at the international Anuga food and beverage trade fair (Class 46)


Is this a setback for NPEs thinking about moving into Germany? (IAM)

Jack Wolfskin gets some heat in Germany over its aggressive enforcement of trade mark rights in its ‘paw’ sign (Class 46)


Patenting landscape in India (Patent Baristas) (India Patents)

Patent application filing (graphs) (ipmINDs)

India’s pre-grant patent oppositions – a true remedy? (IP Osgoode)

Changing trends in grant of temporary injunctions in IP cases (Spicy IP)


Irish make IP-friendly amendments to Finance Act (IP finance)


Israel Supreme Court allows generic Apropo snack (IP Factor)

Does a mark give rights to an opposite word by association? SMALL TALK vs BIG TALK (The IP Factor)

Serbia joins Hague Agreement on International Designs (Class 99)
South Africa

Bad faith and bona fide intentions (Afro-IP)


No sweet success for Wander against Dr Oetker in trade dress dispute over caramel puddings (Class 46)

United Kingdom

EWHC: Committal for contempt not fit for ‘grey area’ disputes: Grisbrook v MGN Ltd & Ors (IPKat) (PatLit)

EWCA: Skilled reader ‘taken to know patent law’; patent valid and infringed; design right issue not raised in appeal: Virgin Atlantic v Premium Aircraft Interiors due Thursday 22 Oct(IPKat) (Class 99) (Class 99)

Sex Pistols threaten boutique ice-cream maker Icecreamists with actions for passing off and trade mark and copyright infringement over their ‘God Save the Cream’ slogan (IPKat)

Hundred years war or merely thirty? Goalless draws and penalty shoot-outs – Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc (IPKat)

PPL’s efforts to secure via Copyright Tribunal appropriate licence fees from bars, cafes, shops and offices frustrated by Tribunal’s ‘one-size-fits-all’ fee ruling (1709 Copyright Blog)

Charity chips and dodgy patent claims – ActionAid’s unsuccessful patent application (IPKat)

United States
US General

USPTO schedules roundtable discussion on worksharing (Patent Docs)

US General – Decisions

First Circuit takes novel view of attorney work product privilege: United States v Textron Inc (Patent Docs)

US Patent Reform

12 Republican Senators send letter to Senate Majority Leader re concerns about post-grant review provisions in S.515 (Inventive Step) (Peter Zura’s 271 Patent Blog)

Hewlett Packard pulls out of patent reform group Coalition for Patent Fairness, according to reports (IAM)

US Patents

New USPTO procedures likely to delay action in requests for continued examination of patent applications (IP Spotlight) (Patently-O) (Inventive Step)

USPTO expands and ‘enhances’ first action interview pilot program (I/P Updates)

Arti Rai appears to be on her way to becoming UPSTO’s next Administrator for External Affairs (Peter Zura’s 271 Patent Blog)

Federal Circuit may offer patent, tech policy guidance for High Court (IP Watch) (PatLit)

Second pair of eyes review – is the wicked witch really dead? (Patents4Life)

Role of Washington DC District Court in patent cases (Patently-O)

Did you know… the prevailing party in a section 337 investigation is not automatically a party on appeal at the Federal Circuit? (ITC 337 Law Blog)

Revealed! How much money a ‘patent troll’ makes (The Prior Art)

Hospital TTO takes a different path to commercialisation with private sale of IP (Technology Transfer Tactics)

US Patents – Decisions

CAFC: Attendance at single trade show to display infringing product sufficient for personal jurisdiction: Synthes (U.S.A.) v G.M. Dos Reis Jr. Ind. Com. de Equip. Medico (Filewrapper)

BPAI finds claim indefinite and not directed to patentable subject under Bilski: Ex parte Hemmat (GRAY On Claims)

District Court N D Illinois: KSR obviousness does not require prior art from the same field: Se-Kure Controls, Inc v Diam USA, Inc (Chicago Intellectual Property Law Blog)

District Court E D Texas finds plaintiff has standing; agreement transfers ownership and simultaneously a conditional purchase by transferor from transferee: Balsam Coffee Solutions Inc v Folgers Coffee Co (Property intangible) (Property intangible)

US Patents – Lawsuits and strategic steps

Amsted – Initial determination of s 337 violation by respondents Standard Car Truck Co and others in investigation concerning cast steel railway wheels (ITC 337 Law Blog)

General Electric – Public version of recommended determination on remedy and bonding in investigation concerning variable speed wind turbines brought by General Electric against Mitsubishi (ITC 337 Law Blog)

Hewlett Packard – ITC to investigate importation and sale of inkjet supplies in response to complaint by HP against numerous respondents including Zhuhai Gree Magneto-Electric,, Mipo International and others (ITC 337 Law Blog)

MEI – It’s alive! Or on life support, at least – MEI v JCM American Corp stayed pending outcome of Mars v Coin Acceptors (Property, intangible)

O2 Micro – ITC judge grants in part O2’s motion for summary determination of importation by ASUSTeK in investigation concerning cold cathode fluorescent lamp inverter circuits (ITC 337 Law Blog)

Ricoh – ITC institutes investigation concerning printing and imaging devices against Oki Data (ITC 337 Law Blog)

Safe Skies – ITC institutes investigation regarding dual access locks following complaint by Safe Skies against numerous respondents including C&C Luggage, Formosa Tai Rank Industrial and others (ITC 337 Law Blog)

US Army – US Army’s purchase of three pre-expired patents (12:01 Tuesday) (12:01 Tuesday)

Qimonda – Initial determination of no s 337 violation by respondents LSI, Seagate in investigation concerning semiconductor integrated circuits (ITC 337 Law Blog)

US Copyright

Denying DVD consumers what they want – LA Times discusses initiatives by some studios to perpetuate in DVD rental market classic tiered release schedule for movies (Moral Panics and the Copyright Wars)

US Copyright – Lawsuits and strategic steps

Rock Art – Rock Art uses social media campaign to fend off copyright challenge by Monster (IP ADR Blog)

US Trademarks

David Kappos comments on fraud and other trademark issues (TTABlog)

Thoughts from the TTABlog: Fraud in the post-Bose era (TTABlog)

Stephen Feingold on ‘Why you should think twice before accepting a 2(f) registration’ (TTABlog)

US Trade Marks – Decisions

District Court N D Illinois: Owner can be personally liable for corporate trademark infringement: More Cupcakes, LLC v Lovemore, LLC (Chicago Intellectual Property Law Blog)

District Court M D Florida: Logo designer loses (and should have): FSC Franchise v Express Corporate Apparel (Property, intangible) (Property, intangible)

Ninth Circuit affirms injunction against nutritional supplement seller in trademark and trade dress infringement case: CytoSport v Vital Pharmaceuticals (Seattle Trademark Lawyer)

District Court Oregon declines to adopt Magistrate’s decision as inconsistent: Adidas America v Calmese (Seattle Trademark Lawyer)

District Court E D California finds ex parte temporary restraining order not justified in trade dress case: Ruiz Food Products v Camino Real Foods (Seattle Trademark Lawyer)

TTAB precedential no 41: Applicant loses third party registration battle, TTAB finds floor tiles and roof tiles related: In re G.B.I. Tile and Stone, Inc (TTABlog)

TTAB reverses Board’s s 2(d) refusal: TRINITY & Des vs TRINITY CLASSIC & Des: In re Trinity Episcopal Church of Baton Rouge (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Green Building Initiative – GBI sues Green Globe International over use of GREEN GLOBE mark (Green Patent Blog)

North Face – Parody defense to trade mark infringement: North Face vs South Butt (The IP Law Blog)

World Wrestling Entertainment – WWE oppose Philadelphia Wine School’s attempt to register ‘Sommelier Smackdown’ for food and wine event (IPKat)



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