General Global Week in Review 3 Apr 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:

Lowest ever total raised at Ocean Tomo IP auction (IAM) (IAM) (The Prior Art) (The Prior Art) (Peter Zura’s 271 Patent Blog)

EPO to limit opportunities to file divisional applications (Patent Docs) (Managing Intellectual Property) (IP Spotlight) (Patent Baristas)

Global – General

US wrestles with transparency as Europeans urge release of ACTA texts (Intellectual Property Watch)

WIPO information meeting on IP financing: some notes (IP finance)

Global – Patents

Cooling the world by misappropriating patent rights (Intellectual Property Watch)

Patent application figures falling Japan, slightly up in China (IAM)

Lowest ever total raised at Ocean Tomo IP auction (IAM) (IAM) (The Prior Art) (The Prior Art) (Peter Zura’s 271 Patent Blog)

WIPO to expand study into defences and client-attorney privilege (PatLit) (WIPO) (Intellectual Property Watch) (Law360)

More ways for inventors to reduce cost of patenting and get better patent application (Inventive Step)

Top ten pitfalls inventors and small companies should avoid when protecting their IP (Maier & Maier)

Global – Copyright

Software raids: court sponsored extortion? (Spicy IP)

April Fools’ Day Jokes

G20 envisions world IP court; WIPO hopeful host (IPKat) (Intellectual Property Watch) (IP Think Tank) (Afro-IP) (Michael Geist) (Excess Copyright) (IP Think Tank)

South Africa to join Madrid Protocol and drop relative grounds examination (Afro-IP)


New trade mark, GI regulations in Albania (Class 46)


Full Federal Court affirms first instance decision to remove E & J Gallo’s BAREFOOT trade mark from the register: E & J Gallo Winery v Lion Nathan Australia Limited (Australian Trade Marks Law Blog)

Minister for Innovation, Industry, Science and Research calls for written submissions on proposed reforms to Australia’s IP system (


Copyright in Chess: IP going a bit too far? (Spicy IP)


Importers no match for Cameroon customs (Afro-IP)


IP licenses and bankruptcy: Royal Bank of Canada v. Body Blue Inc.; Synergism Arithmetically Compounded Inc. v. Parkwood Hills Foodland Inc. (


China IPR tribunals: An update (China Hearsay)

Chinese SIPO received 828,328 Chinese patent applications in 2008 (Maier & Maier)

How brands and competition interact in China (Managing Intellectual Property)


European Commission plans ACTA consultation meeting (Michael Geist)

EPO to limit opportunities to file divisional applications (Patent Docs) (Managing Intellectual Property) (IP Spotlight) (Patent Baristas)

EU copyright term extension battle heats up (EFF) (IPKat)

Exceptional extension of opposition deadline against recently published Community trade mark applications (Class 46)

Mineral water names, descriptions and labels in the EU (Class 46)

Industry gets European Union buy-in at ‘ContraFake 2009’ event against piracy, counterfeiting (Intellectual Property Watch)

EU Commission to prepare draft Regulation on labelling of wine (Class 46)

Applications for PGI status: ČERNÁ HORA Czech beer; GRELOS DE GALICIA Spanish turnip; MOUTARDE DE BOURGOGNE French mustard; ŠTAJERSKO PREKMURSKO BUČNO OLJE Slovenian pumpkin seed oil; RISO DEL DELTA PO Italian brackish rice; SABAO PASIEGO Spanish winged cakes (Class 46) (Class 46) (Class 46)

EPO extends coverage of Latin American countries in bibliographic database – update 2 (EPO)

Changes to EPO fee structure effective 1 April 2009 (Ladas & Parry)

OHIM fee cuts effective from 1 May 2009 (Class 46) (Managing Intellectual Property)

European Qualifying Examinations (EQE) implementing regulations (IPKat)

CFI: Anheuser-Busch suffers defeat over BUDWEISER CTM (Managing Intellectual Property)


Cour d’appel de Paris ruling confirms jurisdiction in IP trials (PatLit)


Chinese brand confident of winning OKAI trade mark dispute appeal in Germany (China View)


Is it unconstitutional for the Patent Office to be the adjudicatory authority deciding oppositions & CL proceedings? (Spicy IP)

Hitchhikers guide to offshoring patent services to India (Spicy IP)


JMB, Factor & Co calls on government to appoint Minister for IP (The IP Factor)


Japan Patent Office offers economic stimulus package (Patent Baristas)

Latin America

McDonalds’ franchise continues to thrive in troubled times (IP tango)


Polish Supreme Court: threshold for similarity of trade marks – OKPOL vs VELUX (Class 46)

South Africa

Indian Premier League to be hosted in South Africa – IP rights (Afro-IP)

United Kingdom

EWHC: Composers get their copyright back despite assignment to third party: Crosstown Music Company v Rive Droite Music Ltd & Ors (IPKat)

EWHC allows appeal against acquittal of alleged counterfeit sports shoe market purveyor: Essex Trading Standards v Wallati Singh (IPKat)

Foreign IP: narrowing the effect of Tyburn’s case: Lucasfilm v Ainsworth (Spicy IP)

G20 IP debates: Britain to get to tougher on tax havens (IP finance)

United States
US General

Gary Locke confirmed as US Commerce Secretary (Managing Intellectual Property)

Former Gov Gary Locke confirmed as Commerce Secretary, who will be PTO Director? (Patent Baristas)

US Energy Secretary drops an IP bombshell (IAM)

Best practices for trade secret protection (Patently-O)

ACTA suppressed for national security? (Spicy IP)

US trade team responds to protectionist pressure in reports on trading partners (Intellectual Property Watch)

US General – Decisions

District Court Arizona finds Sogeti has standing to enforce employment contract between its predecessor and former employee in trade secrets suit (Law360)

US Patent Reform

Senate Judiciary Committee close to agreement on patent reform; huge changes to Senate Patent Reform Bill announced (IP Watchdog) (Inventive Step) (Patent Docs) (Patent Docs) (Peter Zura’s 271 Patent Blog) (Law360)

Alcatel-Lucent v Microsoft: A reason to delay Congressional patent reform? (Washington State Patent Law Blog)

US Patents

US Commerce Secretary Locke on patents (Intellectual Property Watch)

Innovation with lead recovery if patent system allows (IP Watchdog)

‘Judicial Business of the United States Courts’ report – only 3.8% of all patent cases reach court stage (Innovationpartners)

Did you know… existing English language translations of documents must be produces during discovery at the ITC? (ITC 337 Law Blog)

A patent proposal for green technology (IP Watchdog)

Crazy patents in an era of alleged patent quality (IP Watchdog)

US Patents – Decisions

CAFC: Pipeline repair patent invalid by prior use: Clock Spring v Wrapmaster (Law360) (Hal Wegner)

CAFC: No stay of District Court proceedings pending appeal of preliminary injunction: Fairchild Semiconductor v Third Dimension (3D) Semiconductor (non precedential) (Patently-O)

District Court N D Illinois: Ford $23 million puddle lamp infringement is wilful (Law360)

District Court N D Illinois construes sheet as a thin structure: Ledergerber Med. Innovs. LLC v W. L. Gore & Assoc (Chicago Intellectual Property Law Blog)

District Court N D Ohio: False patent marking may not be false advertising: Rainworks Ltd v Mill-Rose Co (Rebecca Tushnet’s 43(B)log)

District Court S D New York: infringement of ‘essential’ patent in patent pool: Koninklijke Philips Electronics N.V. v. Cinram International Inc (Property, intangible)

USPTO rules for Smith & Nephew in suture patent fight with Arthrex (Law360)

USPTO issues mixed decision in re-examination of patent at the centre of battle between Widevine and Verimatrix (Law360)

Supreme Court asked to expand defences to patent infringement: IGT v Aristocrat Tech of Australia (on petition for certiorari) (Patently-O)

CAFC to hear oral argument in Erbe Elektromedizin GmbH v ITC on 3 April (ITC 337 Law Blog)

Tafas v Doll decision; Revival of USPTO rules calls for appeal (Ars Technica) (Law360) (Ladas & Parry)

Ten reasons the Supreme Court should take In re Bilski (Patently-O)

Bilski beatdown: holders of business method patents may be holding ‘worthless stock’: Cybersource Corp v Retail Decisions, Inc (Peter Zura’s 271 Patent Blog)

US Patents – Lawsuits and strategic steps

Aerielle – Aerielle, Philips Electronics settle radio frequency transmitter patent dispute (Law360)

Agere – LSI and Agere’s motion to amend complaint to assert additional patent claims denied in matter concerning semiconductor integrated circuits against Magnachip (ITC 337 Law Blog)

American Medical Systems – Federal judge clears Biolitic as defendant in patent infringement suit brought by AMS over enlarged prostate laser treatment technology (Law360)

Funai Electric Co – Daewoo Electronics seeks stay of execution of $7.2 million patent infringement judgment against it, arguing Funai has used nonfinal judgement to institute ‘sham’ garnishment proceedings against Daewoo (Law360)

Global Hydrofuels Technology – Hydrogen fuel technology ownership spat between GHT and Hydrogen Power stayed for arbitration (Law360)

Honeywell – Purechoice appeals judgement finding claims invalid for indefiniteness in dispute with Honeywell over patent relating to remote environmental monitoring system (PATracer)

Konami Digital Entertainment – Motion to transfer game controller patent dispute between Konami and Harmonix rejected (Law360)

Konica Minolta Business Solutions – Federal judge dismisses patent suit over digital camera technology brought by Papst against Konica (Law360)

Magotteaux – Evidentiary hearing stayed in dispute between Magotteaux and AIA Engineering and Vega Industries over composite wear components (ITC 337 Law Blog)

Oracle Corp – Oracle, Alcatel Lucent strike deal in suit over messaging and call center patents (Law360)

Presstek – Orders issued regarding admissibility of certain exhibits without sponsoring witness in case brought by Presstek against VIM, Hanita Coatings, AteCe Canada, Guaranteed Service & Supplies, Recognition Systems and Spicers Paper (ITC 337 Law Blog)

R J Reynolds Tobacco Co – R J Reynolds fails to stay tobacco-curing patent trial in dispute with Star Scientific (Law360)

Shure – Shure’s patent misuse claims nixed in earphone case brought by Hearing Components (Law360)

Skullcandy – Skullcandy drops ByTech, Case Logic in patent spat over headset integrator (Law360)

Teleconference Systems – TS sues Procter & Gamble, GSBC, Wachovia and others over videoconference patent (Law360)

Toshiba – University of Mexico sues Toshiba over chip patents (Law360)

UTStarcom – Starent trims UTStarcom contract claims, now facing most patent infringement allegations (Law360)

Xerox – Antitrust counterclaim brought by Media Sciences against Xerox tossed in patent suit (Law360)

US Copyright

H.R. 1464 – ‘open educational resources bill’ (Creative Commons)

US Trade Marks – Decisions

Court of Appeal for Second Circuit forbids Consist Software Solutions from prosecuting trade mark claims over soured business agreement with Software AG in South American courts (Law360)

Ninth Circuit affirms trade mark infringement fees award: Invision Production & Media Services, Inc v Glen J Lerner Legal Services (Seattle Trademark Lawyer)

Ninth Circuit affirms findings of jewellery trade dress trial: Cosmos Jewelry, Ltd v Po Sun Hon Co (Seattle Trademark Lawyer)

District Court N D Illinois: La Cafetiere wins trade dress dispute against Bodum over sale of Chamboard-style French press coffeemakers (Law360)

District Court N D Illinois: No dismissal on pleadings for factual trademark defences: DeVry Inc v University of Medicine & Health Sciences – St Kitts (Chicago Intellectual Property Law Blog)

TTAB precedential no 11: Section 2(d) oppose fails to submit registration properly, loses on priority issue: Syngenta Crop Protection, Inc v Bio-Chek, LLC (TTABlog)

TTAB precedential no 10: Irked TTAB sanctions counsel for filing untenable motion to dismiss: Schering-Plough Animal Health Corporation v Aqua Gen AS (TTABlog)

TTAB precedential no 9: TTAB dismisses 2(d) petition to cancel DESIGNED TO SELL registration: Benjamin J Giersch v Scripps Networks, Inc (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Harley-Davidson – Anti-trust suit brought by Packaging Supplies against Harley over its requirement for Harley dealerships to buy plastic shopping bags from Harley survives (Law360)


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