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General Global Week in Review 31 January 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:

Madras High Court admits petitions challenging the constitutionality of the IPAB and the Copyright Board (Spicy IP) (Patent Circle)

S.23 on patent reform introduced Jan 25, 2011 (IPBiz) (Inventive Step) (Patents Post Grant Blog) (PharmaPatents) (Maryland Intellectual Property Law Blog) (Patently BIOtech) (IAM)

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

Planning without the ideal strategy in mind (no. 42 in our list of IP mistakes) (IP Think Tank)

File too late (no. 10 in our list of IP mistakes) (IP Think Tank)

Global – Patents

Companies adopting open innovation must incorporate patent information at the front end (IP Asset Maximizer Blog)

Global – Copyright

Copyright 2.0 Show Episode 182, including Shepard Fairey/AP settlement, Record labels settle ‘pending list’ lawsuit in Canada etc (Plagiarism Today)


Nollywood takes on New York (and the rest of the US) (Afro-IP)


Who is the Commissioner of Patents? (Patentology)

USPTO renews its IP Australia vows (IPKat)


District Court Gent: Patent on a Speculaas product invalid: Bvba Willems Biscuiterie v. NV Lotus Bakeries and NV ‘T Boerinneke and NV Biscuiterie Jules Destrooper (EPLAW)


Salt Tasting Room – Restaurant Trademarks:  Worth their Salt? Salt Tasting Room v. Salt Wine Room (Canadian Trademark Blog)


Quality is China’s biggest patent challenge (IAM)

Red Bull still fighting (China Law Insight)

PRC courts show improved efficiency in handling foreign-related IP lawsuits (China Law Insight)


Colombia and Madrid: the final Act? (IPtango)


Croatia to join Singapore club in April (Class 46)


Who owns the story of my life? Thomas Skade-Rasmussen Strøbech claims that his life has been portrayed in the book “Suveræn” by author Claus Beck-Nielsen (Innovationpartners)


IP infringers sue public prosecutor… for prosecuting them (IP tango)


Is a copyright registration system to prevent orphan works the way of the future? (IP Whiteboard)

ACTA inconsistent with European law, legal experts say (IP Watch)

EU enhanced co-operation in unitary patent matters to be voted in EU-Parliament (IP:JUR)

EPO filings up 10% in 2010 (271 Patent Blog)

Did the Enforcement Directive make an impact in EU? (Innovationpartners)

OHIM Board of Appeal: likelihood of confusion in the core business – opposition to CORE mark R-0761/2010-1 (Class 46)

Vogue Sapataria case – towards more exigent criteria for genuine use? Advance Magazine Publishers v. OHMI (Class 46)

TOPCOM : Likelihood of confusion: Häfele v OHIM – Topcom Europe (Class 46)

EXECUTIVE EDITION can be freely used: BSH v. OHIM (Class 46)

2011 IP Developments Conference updates: 1 to 4 (IPKat) (IPKat) (IPKat) (IPKat)


Pirate Party general assembly announced (1709 Blog)

Effective measures for securing evidence have been instituted (Kluwer Patent Blog)

Is Heidi the cross-eyed opossum, the new Paul? (IPKat)


Madras High Court admits petitions challenging the constitutionality of the IPAB and the Copyright Board (Spicy IP) (Patent Circle)


Now Korea does it with class – Korea signing up for Locarno Agreement (Class 99)


Mali goes to Singapore when its friends go too … (Afro-IP)


Notaries are now entitled to promote IP related acts before the INPI (Class 46)


Star Wars in Switzerland – Swiss Supreme Court finally settles five year battle over the right to award stars to hotels between Schweizer Hotelier-Verein and Gastrosuisse (IPKat)

Superman crashes in Switzerland (Class 46)

United Kingdom

Damages for infringing invalid patents: a question of symmetry? Coflexip v Stolt (PatLit)

Fuzzy boundaries, woolly limitations and over-broad claims: a case-study in insufficiency: Novartis AG & Cibavision AG v Johnson & Johnson (jiplp)

‘Where there is friendship, there is also fun’: President Bauer speaks to the IPKat (IPKat)

PCC Page 13: Snails and Octopuses (PatLit)

EWHC (Ch) – Galileo and the case of the ventilating hearing officer: Galileo International Technology LLC v European Union (formerly European Community) (IPKat)

United States

US General

President Obama stresses the importance of Intellectual Property with President Hu of China (Patently BIOtech)

PTO Director Kappos remarks at Innovation Alliance Conference: IP leads to job growth (Patently BIOtech)

US Patent Reform

S.23 on patent reform introduced Jan 25, 2011 (IPBiz) (Inventive Step) (Patents Post Grant Blog) (PharmaPatents) (Maryland Intellectual Property Law Blog) (Patently BIOtech) (IAM)

US Patents

Butamax – Gevo’s response to Butamax infringement assertion re: US 7,851,188 (IPBiz)

A few recent USPTO developments (Patentably Defined) (Live Journal)

Reissue patent pendency (Patently-O)

Report reveals surprise patent champ for hybrid cars (Green Patent Blog)

Patentability of traditional knowledge-capsicum this time (Spicy IP)

US Patents – Decisions

Sometimes a pig is just a pig: CAFC decision in Moody v. Morris, PBS, et al. (Patently-O)

CAFC decides inter partes patent reexamination in favor of patentee: Vanguard Identification Systems Inc., v Bank of America Corporation (Docket Report)

CAFC: ‘The specification is the heart of the patent’: Arlington Indus., Inc. v. Bridgeport Fittings, Inc (Patently-O

District Court Delaware: Enhanced damages warranted even though compensatory damages eliminated infringer’s profits from infringing sales: Power Integrations v. Fairchild Semicond., et. al (Docket Report)

District Court W D Tennessee: Continued marking after service of false marking complaint creates ‘rebuttable presumption of intent to deceive’: Baker v. Bausch & Lomb, Inc (Docket Report)

District Court N D Illinois: Release of false marking claims applies to all products marked with patent mumbers: Simonian v. Irwin Industrial Tool Company (Docket Report)

US Copyright

New federal education fund grants $2 billion to create OER resources in community colleges (Creative Commons)

US Copyright – Lawsuits and strategic steps

Jeff Koons – Koons’s Balloon Dog to pop gallery’s bubble? Jeff Koons v. Park Life (IPKat) (Plagiarism Today)

US Trade Marks – Decisions

CAFC affirms in Alcesia appeal (2010-1156): Alcesia SRL v. ITC (ITC Law Blog)

TTAB applies issue preclusion, grants summary judgment that COCOA BUTTER FORMULA lacks acquired distinctiveness: Cococare Products, Inc. v.E.T. Browne Drug Co., Inc (TTABlog)

Don’t forget trade dress in your manufacturing agreements: District Court S D New York decision in Technimed SRL v Kidz-Med, Inc. (Property, intangible)

US Trade Marks – Lawsuits and strategic steps

Fred Beverages – FRED Beverage TTAB case still dormant eight months after CAFC Fee Ruling: Fred Beverages, Inc. v. Fred’s Capital Management Company (TTABlog)

Mattel – Lawyer Barbie back in the Federal Circuit dealing with Bratz: MGA Entertainment v. Mattel (IPKat)

Pacific Rim Winemakers – Joyous trademark dispute pits ‘Sweet Bliss’ against ‘Bliss’: Pacific Rim Winemakers, Inc. v. Brutocao Vineyards, Inc (Seattle Trademark Lawyer)


Progress in Venezuelan trade marks (IPtango)

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