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General Global Week in Review 27 June 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:

House passes H.R. 1249 America Invents Act (Inventive Step) (Patently-O) (Patent Law Practice Center) (Patent Docs) (Patents Post-Grant) (Patent Baristas) (Trademark Blog of the Trademark Lawyer’s Mind) (IPBiz)

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

Chief IP officers reveal their worst nightmares (IAM)

Global – Trade Marks / Brands

Siren got rid of letters ‘Starbucks’ (IP Dragon)

Global – Patents

Article One executives among IAM top 250 IP Strategists (Patent Quality Matters)

Global – Copyright

KEI statement in opposition to a WIPO Treaty for Broadcasting Organizations (Knowledge Ecology International)

Common text emerges on copyright exceptions for the blind (IP Watch)


Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 introduced in Senate (Patentology) (

Australian government responds to ACIP report on patent enforcement (Patentology)

Is the government being tough enough on post-grant enforcement? (IP Whiteboard)

FCA: Choose your experts well (or how not to run a patent case): VIP Plastic Packaging v BMW Plastics (Patentology) (IP Whiteboard) (


Government agencies retaining IP rights in violation of stated policy (IP Osgoode)

Access Copyright’s desperation: From fair dealing allows everything to it’s too risky to rely upon (Michael Geist)

Copyright Board does not want to hear from Commissioner of Competition at this stage re Access Copyright (Excess Copyright) (Excess Copyright)

Katz time extension request granted: Copyright Board extends schedule re transactional licence issue (Excess Copyright)

Access Copyright backlash grows: Canadian poets pass resolution supporting TWUC motion (Michael Geist)

IP & agriculture – obvious inventions: Bridgeview Manufacturing Inc. v. Central Alberta Hay Centre (IPblog)


Tips for protecting your IP in China (inovia Foreign Filing Blog)

Rationalizing risk: Phantom gray areas in Chinese law (China Hearsay)


OHIM Board of Appeal, the disclaimer and the comparison between the signs (Class 46)

Atlas transports: mind the ..culture gap! Atlas Transport GmbH v. Atlas Air, Inc (Class 46)

The IP war is being won in Europe; it’s now time to help shape the peace (IAM)


Olympic M’s this time, not rings (Class 46)


Patent agent viva: Sense, sensibility and constitutionality (Spicy IP)

Chairman of Raymond Industries under criminal investigation for patent infringement! (Spicy IP)

‘Mutually assured destruction’ through litigation – Sergi Transformers v. CTR Manufacturing Industries (Spicy IP)


Good news: USPTO, ILPTO announce Bilateral Patent Prosecution Highway (PPH) Program (America-Israel Patent Law)

South Africa

SA’s ambush marketing laws – a template for global legislators? (Afro-IP)

South African Minister of Science and Technology and other IP Leaders to speak at conference on ‘accelerating IP and innovation in South Africa’ (Patent Docs)

United Kingdom

Conference report: IBIL’s Annual Hugh Laddie lecture (IPKat)

Tentacles flapping to keep head above the water? Cautious Co v. IPOff Ltd (PatLit)

Mayfair maneouvres and the Caring professions – Mark Birley Holdings and Caring (IPKat)

Incompetent trademark trolling: Edge magazine vs. Timothy Langdell (Innovationpartners)

United States

US Patent Reform

House passes H.R. 1249 America Invents Act (Inventive Step) (Patently-O) (Patent Law Practice Center) (Patent Docs) (Patents Post-Grant) (Patent Baristas) (Trademark Blog of the Trademark Lawyer’s Mind) (IPBiz)

Patent Reform debate begins today in house (Patents Post Grant Blog)

Debate over H.R. 1249 continues (Patent Docs)

Is the end of fee diversion dead in the Leahy-Smith America Invents Act? (Patent Docs) (America-Israel Patent Law) (Inventive Step)

Patent reform update (I – Patent Docs) (II – Patent Docs)

Streamlining petition practice in inter partes reexamination (Patents Post Grant Blog)

Kappos urges the US IP community to ‘see the bigger picture’ on patent reform (IAM)

US patent reform to be decided this week (IAM)

In favour of first to invent: If it ain’t (too) broke, don’t fix it’ (IPKat)

US Patents

Never argue with a fool: On claim status identifiers and AMBER alerts (America-Israel Patent Law)

New pilot program to provide pro-bono legal assistance to independent inventors (Director’s Forum)

Burdick slams Quinn on ‘first to file’ (IPBiz)

Prior user rights ‘would transform our patent system from one that values transparency to one that rewards secrecy’ (IPBiz)

US Patents – Decisions

CAFC introduces strict new inequitable conduct standard in Therasense: Therasense, Inc. v. Becton, Dickinson, & Co (Maier & Maier) (Patently-O)

CAFC reverses District Court’s finding that claim terms not using ‘means’ were subject to § 112 ¶ 6: Inventio AG v. Thyssenkrupp Elevator Americas Corp (Gray on Claims) (Patently-O)

ImageCube loses at CAFC: ImageCube v The Boeing Company (IPBiz)

District Court M D North Carolina: Plaintiff’s settlement agreements with other defendants in the instant litigation are relevant to the calculation of reasonable royalty: Volumetrics Medical Imaging, LLC v. GE Healthcare, Ltd., et. al (Docket Report)

District Court N D Texas: Judge Solis compares false marking to ‘someone who says, ‘I am not married,’ when indeed, they are’: United States of America, ex rel. VendEver LLC v. Intermatic Manufacturing Ltd.  (Docket Report)

US Patents – Lawsuits and strategic steps

Cross Match Technologies – ALJ Luckern issues initial determination in Certain Biometric Scanning Devices (337-TA-720) (ITC Law Blog)

CSP Technologies – ITC institutes investigation (337-TA-779) regarding Certain Flip-Top Vials (ITC Law Blog)

US Copyright

Righthaven ‘troll’ litigation could take toll on more meritorious claims (Excess Copyright)

US Copyright – Lawsuits and strategic steps

Warner Bros – Hangover Cure: Warner Bros. settles copyright suit over Tyson Tattoo (Prior Art) (Spicy IP)

US Trademarks

INTA and ABA sections comment on proposed TTAB involvement in settlement discussions (TTABlog) (TTABlog) (TTABlog)

US Trade Marks – Decisions

District Court New Jersey: Privity as a sword: United Food Imports v. Baroody Imports, Inc. (Property, intangible)

NORTH AMERICAN RANGE primarily geographically descriptive of beef, says TTAB (TTABlog)

TTAB: Two more eco-marks dinged for descriptiveness – MOTIONPOWER and SOLARWINDOW (Green Patent Blog)

US Trade Marks – Lawsuits and strategic steps

AlphaKitty – Alpha Kitty Roars: Seeks District Court Review of TTAB Dismissal of 2(d) Opposition (TTABlog)

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