General Global Week in Review 28 February 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:

Australia and New Zealand move one step closer to a single patent examination system (IP Whiteboard) (Patentology) (ipwars)

Northern District of Ohio: Qui Tam provision found unconstitutional: Unique Product Solutions Ltd. v. Hy-Grade Valve Inc (Gray on Claims) (Maier & Maier) (Docket Report) (Inventive Step)

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

IP Hall of Fame inductees for 2011 announced (IAM)

World IP Day, April 26 – This year’s theme: ‘Designing the Future’ (WIPO)

IP audits and assessments: Conventional approaches no longer meet business’s needs! (Business IP and Intangible Asset Blog)

World’s most famous trade secret revealed? (IP Spotlight)

General – Patents

PCT and EP filings on the rise again (Patent Docs)

Global – Trade Marks / Brands

How does it feel to be commoditised? And what to do about it. (IP Think Tank)


Attorney-General announces Australia’s Copyright Agenda (LawFont) (ipwars)

UPDATE: Personal Properties Securities Act commencement deferred to October 2011 (IP Whiteboard)

Ugg Boot making septuagenarian thrown in jail, released on appeal (IP Whiteboard)


CETA and copyright: My appearance before the standing committee on international trade (Michael Geist)

Patent damages & the demise of the 25% rule (IPblog)

Re:Sound proposed tariff for use of soundtracks in theatres & TV nixed (again): Re:Sound v MPTAC (Excess Copyright)


Chilean and NZ proposals for TPP IP Chapter: Counter IP abuse, Support public domain (Michael Geist)

Chile: he is coming, he is coming! President Obama’s visit (IP tango)


China Update (IP Think Tank)

Sotsu assessing whether Floraland, infringes copyrights by displaying huge representation of a Gundam robot (1709 Blog)

Your opinion on draft regulations on patent agency please (IP Dragon)

China trademarks. Do you feel lucky? Do you? Part III (China Law Blog)

Bitter taste avoided: South Korean Zhenjiang Vinegar and Costa Rican Confucius Institute trademarks rejected (IP Dragon)


Ecuador’s ex officio anti-piracy enforcement hits constitutional snag (IP tango)


Stronger IP rights in EU-Korea FTA: Precedent for future FTAs? (IP Watch)

The doctrine of equivalents – where has EPC 2000 taken us? (Kluwer Patent Blog)

IP renaissance and IP baroque: A coda on IP milestones (IP Kat)

Jurisdiction to deal with foreign patents: Solvay goes all the way: Solvay S.A v Honeywell Fluorine Products Europe B.V., Honeywell Belgium N.V. and Honeywell Europe N.V. (IPKat)

The fundamental freedom of furnishings ECJ copyright law reference from Bundesgerichtshof (1709 Blog)

General Court annuls OHIM’s decision finding likelihood of confusion – ANN TAYLOR LOFT and LOFT(Class 46)

General Court confirms likelihood of confusion – Fribo v. Friboi (Class 46)Commission keeps the GIs coming (Class 46)

General Court confirms no likelihood of confusion between PPT and earlier Portuguese mark PPTV (Class 46)

EU to be sued over maintaining secrecy in trade talks with India (Spicy IP)

This little PGI went … all the way to the European Commission – Cornish Pastry (IPKat)


German Federal Court of Justice confirms application of Comvik/Hitachi approach (Kluwer Patent Blog)

Hong Kong

Hong Kong opts for private enterprise whistle-blowing (1709 Blog)


Of missed deadlines and how (not) to kill a patent (Spicy IP)

More IPRS golmaal? Minutes of 37th Annual AGM revealed (Spicy IP)

The broadcast of World Cup Cricket matches and the SBS Act, 2007 – Did the Delhi HC get it right? (Spicy IP)

Manjal removed from trademark registry (Spicy IP)


Coca Cola’s trade secret – alcohol?! – class action by Israeli Moslem Arab (IP Factor)

Israel Ministry of Trade and Industry hosts WTO TRIPS conference (IP Factor)

Israel Central Court judge puts her foot in it! – copyright case 1052-1-08 Zisso vs. Petach Tikva Municipality  (IP Factor)


Japan wanted Canada out of initial ACTA group (Michael Geist)

New Zealand

New Zealand’s drop-dead divisional deadline (Patentology)


Precedential case on non-use of 3D trade mark (Class 46)

Serious reasons of non-use (Class 46)

South Africa

More on Probatter (Afro-IP) (Afro-IP)

United Kingdom

What’s in a (brand) name? (IP Whiteboard)

Summary judgment Delta blow: Virgin Atlantic Airways v Delta Air Lines [2011] EWCA Civ 162; and Virgin Atlantic Airways v Premium Aircraft Interiors (IPKat)

Half a million PCC damages cap likely from 14 June (PatLit)

Pioneers, pirates and parvenus – IP v Innovation (IPKat)

Rockwool fire ads held unlawful: EWHC (Ch) decision in trademark dispute Kingspan Group plc v. Rockwool Limited (Class 46) (IPKat)

Copyright confusion (1709 Blog)

United States

US Patent Reform

Patent Reform legislation moves to senate floor (Patent Docs) (Maryland Intellectual Property Law Blog) (Inventive Step)

How will the new House members handle patent reform? (IPBiz)

‘The office can’t be made efficient in 18 months without a vast increase in finances’ (IPBiz)

US Patent Reform Act of 2011 to enact ‘first-to-file’ system (IP Osgoode)

US Patents

USPTO implements prioritized examination (track 1) (Patently-O)

Federal Circuit dispositions (updated) (Patently-O)

Are patent damages ‘excessive?’ – new study suggests that they aren’t (271 Patent Blog)

Here we go again – Cecil Quillen Jr’s NYT letter to the editor re RCEs (Inventive Step)

Patent secrecy orders increase (Maryland Intellectual Property Law Blog)

US Patents – Decisions

Northern District of Ohio: Qui Tam provision found unconstitutional: Unique Product Solutions Ltd. v. Hy-Grade Valve Inc (Gray on Claims) (Maier & Maier) (Docket Report) (Inventive Step)

District Court E D Texas: Court’s ‘Greater familiarity with the law of false marking due to the hundreds of cases filed’ does not weigh against transfer of venue: Promote Innovation LLC v. Leviton Manufacturing Co., Inc. (Docket Report)

District Court N D Illinois: Attorneys’ fees of $750,000 were not excessive in light of $50,000 damages award: Meyer Intellectual Properties Limited, et. al. v. Bodum, Inc (Docket Report)

District Court N D Illinois:  ‘Prudent’ filing of second suit not sanctionable: DH Holdings, LLC v. MeridianLink. Inc (Chicago IP Litigation)

US Patents – Lawsuits and strategic steps

Argonne Battery Tech – Argonne is a governmental green patent licensing success story (Green Patent Blog)

Becton Dickinson – Another false marking case transferred – false marking defendants now 10 out of 11: Tex Pat, LLC v. Becton, Dickinson and Company, et. al. ( (Docket Report)

Boston Beer – Boston Beer files new 337 complaint regarding Certain Glassware (ITC Law Blog)

Callprod – Court stays attorney’s fees determination pending appeal: Callprod, Inc. v. GN Netcome, Inc (Chicago IP Litigation Blog)

Interactive Life Forms – ITC decides not to review initial determination in Certain Devices Having Elastomeric Gel (337-TA-732) (ITC Law Blog)

Lexmark – ALJ Charneski finds a number of respondents in default in Certain Toner Cartridges (337-TA-740) (ITC Law Blog)

Little Kids – Eastern District of Texas transfers false marking cases lacking connections to the District: Promote Innovation LLC v. Little Kids, Inc. (Docket Report)

MKS Instrument – Motion to transfer denied in infringement case: Brooks Instrument v. MKS Instrument (

Murata – ITC decides to review in part initial determination in Certain Ceramic Capacitors (337-TA-692) (ITC Law Blog)

Sipco – Coulomb and ECOtality targeted as Sipco enforcement expands into EV charging systems (Green Patent Blog)

Solannex – Solannex strikes again,  accuses Nanosolar of patent infringement (Green Patent Blog)

Tompkins – False marking cases against multiple defendants severed into separate cases: Tompkins v. Able Planet, et al (

Trebor – Trebor appeals non-infringement summary judgment: Trebor Indus. v. JL Gory, LLC (PATracer)

Visicu – Visicu hopes to resuscitate its ICU patents: Cerner Corp. v. Visicu, Inc (PATracer)

US Copyright

Work made for hire: When is there contractual abuse? (IPKat)

US Copyright – Decisions

District Court S D New York: Merchandising of Shepard Fairey ‘Obama Hope’ image not fair use; factual issues remain on substantial similarity: Shepard Fairey et al v Associated Press (Copyrights & Campaigns)

Do-over on the writing requirement: Vergara Hermosilla v. The Coca-Cola Company (Property, intangible)

US Copyright – Lawsuits and strategic steps

Rihanna – Rihanna’s raunchy ‘S+M’ music video causes a stir, in more ways than one (IP Whiteboard)

Warner Bros – What is the public domain? 8th Circuit Court of Appeals hears Warner Bros. Entertainment, et al. v. X One X Productions, et al. (Patently-O)

US Trade Marks – Decisions

9th Circuit affirms Western District’s finding that VERICHECK is suggestive: Lahoti v. Vericheck, Inc. (Seattle Trademark Lawyer)

9th Circuit changes dilution standard:  Levi Strauss & Co. v. Abercrombie & Fitch Trading Company (Seattle Trademark Lawyer)

TTAB sustains 2(d) opposition to MYCHEW over HI-CHEW for candy (TTABlog)

WYHA? TTAB affirms refusal of LUVD G & Design over THE LOVED DOG for clothing (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Subway – Casey’s challenges Subway’s trademark claim to FOOTLONG (Las Vegas Trademark Attorney) (Likelihood of Confusion)

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