General Global Week in Review 28 Sept 09 from IP Think Tank

Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

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Highlights this week included:

Former USTR Official Espinel nominated as US IP ‘Czar’ (Intellectual Property Watch) (Public Knowledge)

Troll Tracker suit settles after malice bar raised: Albritton v Cisco (Patent Baristas) (IPEG)( (The Prior Art) (IAM)

CAFC: Public accessibility of prior art: PTO must provide evidence of indexing date: In re Lister (Patent Law Blog) (Patents4Life) (Filewrapper) (Patents4Life)

Global – General

Hold everything guys isn’t IP already clearly understood and important? (IP Think Tank)

Discussion regarding ‘WIPO Intellectual Property Indicators 2009’ (Patent Docs) (Peter Zura’s 271 Patent Blog) (IP finance) (IP finance)

How many ministers does it take to make a High Level Segment? – discussion of WIPO press release (IPKat)

WIPO Director General underlines role of IP in meeting global public policy challenges (WIPO)

On teaching ‘IP as a cost’; ‘IP as a profit centre’ (IP finance)

Global – Patents

NY Times is wrong: Patent auctions do not provide independent inventors with ‘protection’ (IP Asset Maximizer Blog)


USPTO announces bilateral agreement with ARIPO (Intellectual Property Watch)


Brazil, UK set to continue administrative cooperation (IP tango)

Brazilian Patent Office: ‘third parties’ under grace period provision of Brazilian patent law does not include foreign IP offices (IP Factor)


Fast-tracking clean tech patents: What choice is there? (IP Osgoode)

Changes to Canada’s bankruptcy laws – IP licences and bankruptcy (


China Appeals WTO DS 363 about market access of copyrighted goods (IP Dragon)


ECJ: Be circumspect about your salami: Alberto Severi, in his own name and representing Cavazzuti e figli SpA, now known as Grandi Salumifici Italiani SpA v Regione Emilia-Romagna (IPKat)

CFI: shape of handle not distinctive: Alfons Alber v OHIM (Class 46)

CFI: …you can’t patent a trade mark either – Evets’ unsuccessful attempt to base trade mark appeal on patent law: Evets Corp v OHIM (IPKat)

The ECJ’s President sounds the alarm on workload: a separate ECJ court for trade mark cases? (Class 46)

Member States simplify international design registration system (WIPO) (Class 99)


Court of Appeal of Thessaloniki: Trying to claim damages in Greece: RP ABEE ALL DAY vs ALL DAY (Class 46)


Indian ‘Bayh Dole’ Bill keeps stirring a hornet’s nest (Spicy IP)

India’s Bayh Dole: A blind legal transplant? (Spicy IP)

Re-clarifying the aims and conclusions of the Mashelkar Committee Report (Spicy IP)

India: will IP litigation be both ‘punctual’ and ‘faithful’? Bajaj Auto Limited v TVS Motors Limited (IPKat)


Israel to become an international search and examination authority for PCT (The IP Factor)


Kenya, WIPO to intensify collaboration on patent info (IP Frontline) (Afro-IP)

South Africa

Passing off – Is Caterham retrospective?: Mayo Foundation for Medical Education and Research v Theatre Mayo Clinic Company (Afro-IP)


Thailand to join PCT Treaty (The IP Factor)

United Kingdom

UK IP minister hopeful of ‘significant progress’ on Community patent and court (IAM)

EWHC: Woolworths woolly IP agreements don’t hold value: Butters & Ors v BBC Worldwide & Ors (IP finance)

If you liked the Rule, you’ll love the Practice Direction – significant changes to Part 63 CPR (PatLit) (PatLit)

Citroën mini brand name ‘Revolte’: brilliant or revolting? (Class 46)

Latest news on petitions by Anti Copying in Design group (Class 99)

United States
US General

ABA’s top legal blogs – don’t forget to post your nominations (IP Think Tank)

President Obama’s strategy for American innovation (Patently-O)

New York Times article on patent auctions (Inventive Step) (IAM)

David Kappos outlines objectives and challenges for the USPTO in 2010 and beyond (Maier & Maier)

Former USTR Official Espinel nominated as US IP ‘Czar’ (Intellectual Property Watch) (Public Knowledge)

US Patent Reform

Companies turning to Congress on patent reform issues (Peter Zura’s 271 Patent Blog)

US Patents

USPTO seeking comments on Interim Patentable Subject Matter Guidelines (The 271 Patent Blog)

USPTO and EPO announce extension of trial period for patent prosecution highway (Patent Docs)

Interactive graphic illustrates how US patent system has driven American economy (Patent Docs)

BPAI statistics (Patently-O)

Did you know… parties may obtain clearance to import redesigned products after issuance of an exclusion order? (ITC 337 Law Blog)

What every transactional counsel should know – consequences of missing provisions in M&A documents: Carotek v Kobayashi Ventures; Gerber Scientific International v Satisloh (Property intangible)

Troll Tracker suit settles after malice bar raised: Albritton v Cisco(Patent Baristas) (IPEG)( (The Prior Art) (IAM)

US Patents – Decisions

CAFC construes term found in specification but not in the claims: Edwards Lifesciences LLC v Cook Inc (Gray on Claims) (Patent Docs) (Patent Law Blog)

CAFC: Public accessibility of prior art: PTO must provide evidence of indexing date: In re Lister (Patent Law Blog) (Patents4Life) (Filewrapper) (Patents4Life)

Disrict Court N D Illinois: nondisclosure arbitration clause does not include patent infringement claims: The Ticketreserve, Inc. v. Viagogo, IncI (Chicago IP Litigation)

BPAI: 101 rejections shouldn’t be based on implication if hardware is disclosed: Ex Parte Azuma (Peter Zura’s 271 Patent Blog)

ITC issues final determination affirming s 337 violation by Alcesia in matter concerning cigarettes brought by Philip Morris (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Hewlett-Packard – HP files new 337 complaint regarding inkjet ink supplies against numerous respondents including Zhuhai Gree, and others (ITC 337 Law Blog)

INEOS – ITC reverses remand initial determination which found nonobviousness of claim 1 of ‘276 patent in matter concerning coolant involving INEOS and Sinochem; enforcement initial determination finds no violation of consent order (ITC 337 Law Blog) (ITC 337 Law Blog)

Nokia – ITC issues public version of initial determination finding no violation by Nokia in matter brought by InterDigital concerning 3G mobile handsets (ITC Law Blog)

Phicom – ITC to review initial determination finding no s 337 violation by Phicom, Phiam, Micronics and MJC Electronics in matter concerning probe card assemblies (ITC 337 Law Blog)

Presstik – ITC to review initial determination finding s 337 violation in laser imageable lithographic printing plates investigation against Hanita, VIM, AteCe, Spicers and Recognitions Systems (ITC 337 Law Blog)

Ricoh – Ricoh files 337 complaint against Oki Data regarding printing and image devices (ITC 337 Law Blog)

Toyota – Paice ITC action seeks Prius importation ban (Green Patent Blog)

US Copyright
US government CTO on creative commons (Creative Commons)
US Copyright – Decisions

9th Circuit: Copyright and trade dress claims for spoiled brat characters fall due to failure to show access and secondary meaning: Art Attack v MGA Entertainment (IP Law Observer)

7th Circuit: Notice requirement to Copyright Office when registration refused not jurisdictional; copyright does not extend to ideas: Brooks-Ngwenya v Indianapolis Public School (Filewrapper)

US Trade Marks – Decisions

Washington Court of Appeals: City lacks nexus required to collect tax on trade mark royalties: Blistex Bracken v City of Seattle (Seattle Trademark Lawyer)

TTAB dismisses 2(d) opposition finding COTT and COtea for soft drinks too different: Cott Beverages Inc v Travis Ryan Barbieri (not precedential) (TTABlog)

TTAB says MEDITERRANEAN MELT not merely descriptive of sandwiches: In re Dikran M Iskenderian (not precedential) (TTABlog)

TTAB finds E-LEX merely descriptive of litigation support services: In re The Lex Group VA (not precedential) (TTABlog)


US Trade Marks – Lawsuits and strategic steps

Abercrombie & Fitch – Abercrombie files trade mark infringement suit against Coty over upcoming launch of Beyonce’s fragrance ‘Sasha Fierce’ (IPKat)

Albrecht-Piazza – TTAB requires amendment of fraud counterclaim in light of Bose: Societe Cooperative Vigneronne Des Grandes Caves Richon-Lezion and Zicron-Jacob Ltd. v Albrecht-Piazza, LLC (TTABlog)

Budweiser – Colleges aren’t happy with Bud’s school spirit – could universities stop Budweiser from selling ‘fan cans’, and should they be able to? (IP Osgoode)

DCI – Trade dress suit over Danish cookie tins: DCI v Danco Import (The Trademark Blog)

Nordic Windpower – Nordic files trade mark infringement suit against Nordic Turbines (Green Patent Blog)

Paris Hilton – Hallmark raises unique defence to Paris Hilton’s right of publicity claim (IPKat) (IP Law Blog)

US Olympic Committee – Despite sending many letters, USOC has only brought three suits since 2008: USOC v Official Ticket Ltd; USOC v Asics America Corp; USOC v Olympic Supply, Inc (Seattle Trademark Lawyer)


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