General Global Week in Review 26 September 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:

Pirate Party board Berlin Parliament (ArsTechnica) (1709 Blog) (IPKat) (TorrentFreak) (TorrentFreak) (IAM)

President signs AIA into Law; USPTO begins implementation of Act (Patent Docs) (Patently-O) (IP Spotlight) (Patent Baristas)


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

WIPO General Assembly begins week long meeting (KEI)

Professional listings: When less is more (IPKat)


Global – Trade Marks / Brands

What’s the situation with negative brand association? (IP Whiteboard)


Global – Patents

An issue of focus (IP Think Tank)

Would you take a patent dispute to the ICC for an arbitration? (PatLit)

WIPO releases compilation of recent IP statistics (WIPO)

Five important points to control IP costs (inovia’s Foreign Filing Blog)

New paper claims to show link between patenting and GDP growth (I think) (IAM)

The cost of trolls (PatLit) (IAM)

IP experts provide insight into changing patent landscape (Patent Quality Matters)



Australian appeals court further clarifies ‘purposive construction’: Australian Mud Company v Coretell (Patentology)

Coke v Pepsi shape of bottle war wages on – FCA hears arguments re discovery (

Australia and New Zealand agree to streamline patent applications (Patent Librarian’s Notebook)



e-patents is not enough (IP tango)

Getting ready for the 2014 World Cup (IP tango)



Copyright Board refuses to require transactional licenses from Access Copyright or its rights holders (Excess Copyright)

Copyright Board sets schedule for private copying tariff, 2012-2013 (Excess Copyright)

Dealing with the Access Copyright opt-out: the rest of the story (Michael Geist)



Chinese trademarks visible, but have by far not met their potential (IP Dragon)

Lianliankan goes with royalty free trademark strategy (China Hearsay)

Geithner talks tough on China IP (for some reason) (China Hearsay)

Arbitration in China. Get used to it. (China Law Blog)

Innovation in China. It’s happening, but not how you think. (China Law Blog)

Why should China take the theft of US IP as seriously as it could if US IP owners won’t? (IAM)

Chinese brands: Does privatisation matter? (IP finance)



6th EPIP conference explores the current IP debate (Innovationpartners)



A to Z of African official IP websites no.15: Republic of Djibouti (Afro-IP)


Dominican Republic

Trademark Law Treaty gets a new member (IP tango)



Cost of Europe’s 20-year copyright extension? (ArsTechnica)

Consumers will lose out following extension of performers’ copyrights, academic claims (Out-Law)

Unitary patent “would advantage the English, French and Germans” (PatLit)

What is the current status of the proposal for a new regulation on customs action? (Kluwer Patent Blog)

The pirates across Europe (IAM)

IPKat threatens European and judicial serenity (IPKat)

That dirty trick: The ECJ says “no!”: Case C‑482/09 Budějovický Budvar, národní podnik v Anheuser-Busch, Inc. (IPKat)

EPO BoA on public prior use and burden of proof: Circular fluorescent lamp / Osram (Kluwer Patent Blog)

General Court annuls BoA’s decision for errors of law, OD was wrong to rule out absence of likelihood of confusion: Deutsche Bahn v OHIM – DSB (IC4) (Class 46)

General Court on time-limit for filing appeal against OD decision where the latter is the object of a revocation procedure initiated by OHIM: Case T-36/09 (Class 46)

TM assignment, CTM & the Poteen: General Court and the Craic of EU law interpreting: T-83/09 (Class 46)

Baveno: post-scriptum (Class 46)



EU, Georgia, agree GI pact (Class 46)



Pirate Party board Berlin Parliament (ArsTechnica) (1709 Blog) (IPKat) (TorrentFreak) (TorrentFreak) (IAM)

German Federal Patent Court and the changing principles of morality – F*CKEN can be registered for beverages (IPKat)

Landgericht München I: Fairness Compensation for Elvis Presley Enterprises?: Elvis Presley v Arista (1709 Copyright Blog)

Munich District Court: Licence analogy back in the game – with the worse licensee you can imagine (PatLit)

Bundesgerichtshof on discrepancies between claim language and patent description: Okklusionsvorrichtung (Kluwer Patent Blog)

Bundesgerichtshof on scope of obligation to concentrate actions in one case if directed against the same defendant regarding the same infringing device, but based on different patents: Raffvorhang (Kluwer Patent Blog)

Values in patent litigation – a follow up – Düsseldorf Court of Appeal judgment in Streitwertheraufsetzung II (Kluwer Patent Blog)



IPAB on a roll – Creates a new logo and slogan! (Spicy IP)

Delhi HC: Issuing interim orders under s.31 Copyright Act: Music Broadcast v Super Cassette (Spicy IP)



Cautionary trademark tale concerning car wash business: Gilad Binyamin vs. Menashe Ramaze (The IP Factor)



Court of Appeal The Hague finds patent validity and infringement in case concerning method for production of curved glazing: BRS v Portal (EPLAW)


New Zealand

27-28 September: Major outage of online systems leads to NZ Patent Office closure! (Patentology)



The role of IP in nation building (Afro-IP)



Guest Post: Oscar Montezuma on innovation, technology transfer and IP in Peru (IP tango)


South Africa

‘Shaky and ill-prepared’: public performance law in South Africa (1709 Blog)

Accelerating IP and Innovation conference – thoughts on the SA patent registration system (Afro-IP)



New trade mark law in Sweden (Class 46)

Sweden deposits instrument of accession to Singapore Treaty (Class 46)


United Kingdom

The altar of expediency – EU Patent Reform Consultation Group subgroup concerns on Draft agreement on a Unified Patent Court and draft Statute (IPKat)

More calls for evidence (on how UK IP system can better support design industry): are they really needed? (Class 46)


United States

US General

Can the ITC keep pace? (Patent Law Practice Center)

How much is a secret worth? – Virginia District Court awards damages of US$919 million for trade secret misappropriation: Kolon Industries v. DuPont (IPKat)


US Patent Reform

President signs AIA into Law; USPTO begins implementation of Act (Patent Docs) (Patently-O) (IP Spotlight) (Patent Baristas)

America Invents Act: PTO fees (Inventive Step) (Ladas & Parry) (Patent Baristas) (Patent Law Practice Center)

America Invents Act: an overview (Spicy IP)

What the America Invents Act means for inventors/small companies (inovia’s Foreign Filing Blog)

Commissioner Stoll talks on AIA at All Ohio Annual Institute on IP (Patent Baristas)

America Invents Act: Prior use defense (Inventive Step)

Not quite first to file (IPEG)

Disclosure under the AIA: introducing the poor man’s provisional patent application (Patently-O)

Guest Post: Preclusive inventor disclosure under Leahy-Smith (Patently-O)

Rush to judgment: New dis-joinder rules and non-practicing entities (Patently-O)

35 U.S.C. § 102 (newly amended by the Leahy-Smith America Invents Act of 2011) (Patently-O)

New Inter Partes Reexamination Rules (WHDA) (Patents Post-Grant)


US Patents

August Patents Dashboard Overview (Director’s Blog)

First Action Interview Pilot Program – A PTO pilot program worth considering! (IP Directions)

Things are looking up! (Aren’t they?) (Just an Examiner)

Clean tech in court: Green patent complaint update (Green Patent Blog)

Guest post: Mark Twain’s patent interference (Patently-O)


US Patents – Decisions

CAFC on BPAI in In re Leithem: “This conclusory analysis is hardly persuasive (IPBiz)

CAFC finds construction of term unnecessary: Respironics v Invacare (nonprecedential) (GRAY on Claims)

District Court N D Illinois: False patent marking statute is constitutional: Luka v. The Proctor & Gamble Co (Chicago Intellectual Property Law Blog)

District Court N D Illinois: Pre-BP Lubricant case allows general pleading for intent to deceive: Heathcote Holdings v Maybelline (Chicago Intellectual Property Law Blog)

District Court E D Texas dismisses false marking case sua sponte in light of America Invents Act: Kilts Resources v Uniden Direct (GRAY on Claims)

District Court Nebraska: Misrepresenting necessity of obtaining patent quickly is not material misrepresentation sufficient to support inequitable conduct claim: Exmark Manufacturing Company v Briggs & Stratton Power Products (Docket Report)

ITC issues general exclusion order in Certain Coaxial Cable Connectors (337-TA-650) (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Adrive – Plaintiff ordered to reduce asserted claims from “between 88 to 121 claims” to “31 claims across the four patents-in-suit”: Oasis Research v Adrive (Docket Report)

Otter Products – ALJ Essex grants motion to terminate investigation in Certain Protective Cases (337-TA-780) (ITC 337 Law Blog)

Remy – ALJ Rogers denies Remy’s motion for sanctions for improper conduct by counsel for Wetherill Associates in Certain Starter Motors and Alternators (337-TA-755) (ITC 337 Law Blog)

Schweitzer-Mauduit International – ALJ Gildea rules on motions to supplement notice of prior art and to exclude expert reports in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756) (ITC 337 Law Blog)


US Trade Marks – Decisions

Building immunity: Are green skills certifiers untouchable after LEED win?: S D New York judgment in Gifford et al v US Green Building Council (Green Patent Blog)

District Court N D Illinois: Party cannot lack standing to be sued: Richards v Burgett (Chicago Intellectual Property Law Blog)



Vietnam accuses Chinese company of GI theft (IP Komodo)



ARIPO trade mark registrations now also enforceable in Zimbabwe (Bowman Gilfillan)


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