General Global Week in Review 29 August 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: ACIP reviews innovation patents (ipwars) (IP Whiteboard)


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

How to be a better IP Strategist (IP Think Tank)

Benchmarking is not strategy (IP Think Tank)


Global – Patents

Foreign filing tips for small companies and sole inventors (Inovia)

Intellectual Property & Antitrust Issues: Licensing Practices (Patent Baristas)

Five tips for getting patent claims indemnified (Patent Law Practice Center)



House committee recommends Parliament pass the tobacco plain packaging legislation (IPWars)

Senate sends Tobacco Plain Packaging Bill to Legal and Constitutional Affairs Committee (IPWars)

ACIP reviews innovation patents (ipwars) (IP Whiteboard)

Successful appeal of opposition but patent claims narrowed by Commissioner of Patents: Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd (Mallesons)

Coffee wars plunge into shape protection: Bodum v. DKSH (IPKat)



INPI receives GI application for ‘biscoitos de São Tiago’ (IP tango)



The Copyright Board’s August 18, 2011 rulings on AC’s interrogatories, etc. – summertime is over (Excess Copyright)

Ruling of the Copyright Board re AC’s proposed tariff: The Province of Alberta’s ‘status as intervenor is terminated’ (Excess Copyright)

Copyright in concepts – something to ponder when you’re stranded on a desert island – France Animation SA v Cinar Corporation (IP Whiteboard)



China strengthens quality supervision of six types of exports (China Blawg)

Measures for the recordal of patent license contract promulgated by SIPO (China Blawg)

Which administrative organ shall the right holder request when encountering an IP infringement in China? (China Blawg)

IP research – discussion of counter measures against trademark limitation (China Law Blawg)



A to Z of African official IP websites: no. 11: Comoros (Afro-IP)



Italy as well as Spain against the decision to proceed with enhanced cooperation for the creation of the EU unitary patent (Kluwer Patent Blog)

EPO Board of Appeal: Method claim comprising a step of “providing a donor flow channel for conveying fluid to and from a donor” found to be excluded from patentability as treatment by surgery and therapy: T1075/06 (Kluwer)

Grate expectations for cheese GI (IPKat)



German Federal Patent Court: ‘Deutsches Institut für Menschenrechte’ (German Institute of Human Rights) (Class 46)



TenXC patent litigation-arguments concluded (Spicy IP)

CIC fines CPIO of Trade Marks Registry Rs. 25,000: Shri Kamal Kishore Arora v. Central Public Information Officer (CPIO) (Spicy IP)

Rajya Sabha to vote on radical judicial reforms for high value IP disputes (Spicy IP)

Rajya Sabha to debate and vote on the Copyright Amendment Bill tomorrow (Spicy IP)

Darjeeling Lounge survives: Tea Board loses appeal before Calcutta High Court (Spicy IP)



Intellectual property and development: Closing the conceptual gap (IP Osgoode)



Olm: another re-fill in a Heineken cask bites the dust: Heineken v. Olm (Class 46)



The trials and tribulations of IP enforcement in the Philippines (IP Komodo)



Lexus v Lexus (Class 46)



Recipe for candied almonds insufficient to describe smell of candied almonds (Class 46)



USPTO and Taiwan Intellectual Property Office launch Patent Prosecution Highway Pilot Program (Maier & Maier)


United States

US Patents

Deputy Director Teresa Stanek Rea – Report from China and a look at our “China Team” (Director’s Forum)

Tim Knight talks to Mark Lemley about patent law (Patentology)

USPTO revises patent reissue practice (Patents Post-Grant Blog)

Inter partes patent reexamination standard to tighten (Patents Post-Grant Blog)

How much does patent reexamination cost? (Patents Post-Grant)

PTO begins to implement Tanaka reissue standard (WHDA)


US Patents – Decisions

CAFC: APA waives federal sovereign immunity to declaratory judgment challenges against federally owned patents: Delano v. California Table Grape Commission and US Dep’t of Agriculture (USDA) (Patently-O)

CAFC: Offer for sale before invention occurs may bar patentability: August Technology Corp. v. Camtek, Ltd. (IP Spotlight)

District Court N D Illinois: Accused infringer need not test prior art patented products to prove invalidity: Viskase Cos., Inc. v. World Pac Int’l AG (Chicago IP Litigation Blog)

District Court N D Illinois: Dependent claim is not invalid under § 112 ¶ 4 merely because it recites only structural limitations of independent method claim: McDavid Knee Guard, Inc., et. al. v. Nike USA, Inc (Docket Report)

District Court N D Illinois will not import limitations from the specification: Morningware v Hearthware Home Products (Chicago Intellectual Property Law Blog)

District Court S D Carolina: Plaintiff’s purchase of accused product in forum state does not support exercise of personal jurisdiction over defendant: Van Romer et al v Argonaut Inflatable Research and Engineering (Docket Report)


US Patents – Lawsuits and strategic steps

Cross Match – ITC decides to review in part initial determination in Certain Biometric Scanning Devices (337-TA-720) (ITC Law Blog)

Remy – ITC determines not to review ID terminating respondent (ITC 337 Update)

SWM – ALJ Gildea denies motion for summary determination on indefiniteness in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756) (ITC Law Blog)

Toyota – Toyota gets a jump on Efficient Drivetrains Inc with DJ over hybrid vehicle patents (Green Patent Blog)


US Trade Marks – Decisions

Christian Louboutin sees Red—New York Court refuses to stop Yves Saint Laurent’s use of red! (Spicy IP)

TTAB precedential no. 20: Madrid opposer limited to single ground designated in ESTTA form: Hunt Control Sys. Inc. v. Koninklijke Philips Elec. N.V. (TTABlog)

Test your TTAB judge-ability on these three section 2(d) appeals – HOMESEAL & Design, EQUINOX ARCHITECTURAL PERFORMANCE LIGHTING, REEF SAFE (TTABlog)


US Trade Marks – Lawsuits and strategic steps

Cantine Riondo – Opposer fails to serve proper and timely pre-trial disclosures, TTAB strikes testimony: Cantine Riondo S.p.A. v. Renu Sood (TTABlog)

Hells Angels – Hells Angels sues clothing manufacturer Wildfox Couture for trademark infringement (Trademark Blog of the Trademark Lawyer’s Mind)

Louis Vuitton – ALJ Luckern grants motions to terminate investigation as to various respondents in Certain Handbags and Luggage (337-TA-754) (ITC Law Blog)

Odin Brewing Company – Odin Brewing to change “Ruby” beer name at rival’s behest (Seattle Trademark Lawyer)

Tropicana Hotel & Casino – Another epic trademark battle prematurely ends with amicable, reasonable settlement (Las Vegas Trademark Attorney)

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