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General Global Week in Review 4 April 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: EMI loses Men at Work ‘Down Under’ decision to gum-tree sitting Kookaburra  (IP Whiteboard) (ipwars)

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

Duncan in India in April – please get in touch (IP Think Tank)

Another day, another bunch of scams (IPKat)

Avoid jointly owned intellectual property (ipeg)

IP standards and the real world: a reader writes (IP finance)

Global – Patents

Top 5 unexpected places to find prior art (Article One Partners)

World cities ranked by patent productivity (The Patent Librarian’s Notebook)

Global – Copyright

‘Do bad things happen when works fall into the public domain?’ presentation (1709 Blog)


EMI loses Men at Work ‘Down Under’ decision to gum-tree sitting Kookaburra (IP Whiteboard) (ipwars)

Patent reform exposed Part V and VI (Patentology) (Patentology)

Civil Dispute Resolution [Bill] Act (ipwars)


Tropicalization time in Brazil? (IP tango)

Brazil and Portugal: reaffirming cooperation between national Institutes of Industrial Property (IP tango)

Patent Cooperation System – Data Acquisition System PCT (IP tango)


China trademark emails. It’s a scam! (China Law Blog)

Queer eye for the straight blog, or how to spot a counterfeit perfume (China Hearsay)

On the state of Intellectual Property in China (China Law Blog)

Landmark in China: Law on intangible cultural heritages (TK Community)


Global dispute with only local significance: Anheuser-Busch, Inc. v Budějovický Budvar (IPKat) (Class 46)

Did you ‘Meister’ the subtle art of CTM comparison?: General Court judgment T-372/09 (Class 46)

Latest EU list of mineral water names now out (Class 46)


Tatort – no ‘fairness compensation’ for co-creator of TV series intro (IPKat)

Federal Patent Court finds ‘Trademarker’ not registrable due to lack of distinctiveness (Class 46)

German Federal Supreme Court: Invention related to movement of one component not lacking an inventive step, if specific way of movement requires material redesign of the components : Walzgerüst II (Rolling Stand II) (EPLAW)

Federal Court of Justice confirms Kreiselegge II in X ZR69/08 concerning patent protection for gather curtain (Kluwer Patent Blog)

Federal Supreme Court: Gleitlagerüberwachung (plain bearing monitoring) (EPLAW)

Federal Supreme Court: Mere presentation of goods at trade fair not automatically viewed as putting goods on the market – Pralinenform II (trade mark case) (EPLAW)


Manual of Patent Office practice and procedure: released (Generic Pharmaceuticals & IP) (Spicy IP)

‘International Press’ covers Enercon dispute; Indian media continues to give it the royal ignore (Spicy IP) (Spicy IP)

Chris Ohly and Sal Patel on inequitable conduct (Spicy IP)


Ripping off rings – Another confused decision by the Israel Court (IP Factor)


Kazakhstan takes Steppes to prevent MS misappropriation (1709 Blog)


‘Proudly Kenyan’ protectable? – High Court speaks out: Mathew Ashers Ochieng  v. Kenya Oil Company Limited & Kobil Petroleum Limited (Afro-IP)

Trademark dispute: Tuskys v. Tusker (Afro-IP)

New CEO for Kenya IP Office (Afro-IP)


GIs for Paraguay? Maybe this year … (IP tango)


TRI- should be free (Class 46)

If you have any doubts… (Class 46)


Portugal takes steps to warn about trade mark scams (Class 46)

The creation of an IP court (Class 46)


Classified Russian patents (Russian Patents Blog)

Rospatent says ‘nyet’ to Putin-Medvedev Vodka (Class 46)

United Kingdom

EWCA: Following United Wire court says a repair is making and therefore an infringement: Schütz v. Werit (EPLAW) (IPKat)

EWHC (Ch): Not acte clair, but easy as A, B … see! Football Dataco Ltd, The Scottish Premier League Limited, The Scottish Football League Limited and PA Sport UK Limited v Sportradar GmbH & and Sportradar AG (IPKat)

EWHC (Ch): Of access and excess: security for wizard costs: Allen (trustee of Adrian Jacobs) v Bloomsbury Publishing Ltd and J. K. Murray (IP finance)

United States

US Patent Reform

America Invents Act: First to Invent v. First to File system (Patent Law Practice Center)

House to take up patent reform next week (Inventive Step) (Patents Post Grant Blog)

Patent Reform Act 2011 gets Senate’s thumbs-up (IPKat)

House not going to accept S.23 ‘as is’? (IPBiz)

Coalition urges enactment of patent reform legislation to drive job growth and innovation (Patently BIOtech)

US Patents

Director David Kappos discusses future of USPTO (Inovia)

Notorious troll patents reconsidered by USPTO (Patents Post Grant Blog)

US IP trends for 2011 and global patenting strategies (inovia)

Did you know … ITC remedial orders can be modified or rescinded? (ITC Law Blog)

High rate of patent throughput continues in 2011(Patently-O)

Should the PTO’S reexamination analysis impact ITC cases? (Patent Law Practice Center)

US Patents – Decisions

CAFC refuses to require examiners to articulate a claim construction as part of the examination/rejection process: In re Jung (IPBiz) (Patently-O)

District Court S D New York weighs in on constitutionality of false marking statute: Public Patent Foundation, Inc. v. Glaxosmithkline Consumer Healthcare, L.P.  (Docket Report)

Third District Court rules false marking statute is not unconstitutional – N D Illinois decision in Luka v Proctor and Gamble Company (Docket Report)

BPAI: Deficient means-plus-function claims broadened in patent reexamination: Ex Parte Avid Identifications Systems Inc (Patents Post Grant Blog)

US Patents – Lawsuits and strategic steps

InnovaSystems – InnovaSystems requests re-examination after being held in contempt for violating injunction not to infringe Proveris Patent (WHDA)

Invacare – ALJ Charneski rules on motions to compel and motion to quash in Certain Adjustable-Height Beds (337-TA-734) (ITC Law Blog)

LML Patent – Name of an accused product and elements of induced and contributory infringement not required to be included in complaint: LML Patent Corp. v. National Bank of Daingerfield, et al. (

Otis – Repeated failure to comply with discovery obligations warrants terminating and evidentiary sanctions: Shindler Elevator Corp. v. Otis Elevator Co (Docket Report)

Remy – ALJ Rogers denies motion to terminate investigation based on consent order in Certain Starter Motors and Alternators (337-TA-755) (ITC Law Blog) (ITC 337 Update)

Trading Technologies – ‘Mirror Image’ patent counterclaims struck sua sponte as ‘meaningless’: Trading Technologies Int’l, Inc. v. CQG, Inc (Chicago IP Litigation Blog)

US Copyright

The problem with the fifth fair use factor (Plagiarism Today)

US Copyright – Decisions

New York Court of Appeals to Second Circuit: Copyright owners suffered injury in New York for long arm jurisdiction: Penguin Group (USA) Inc. v. American Buddha (Copyright Litigation Blog) (1709 Blog)

District Court E D Pennsylvania: Oprah Winfrey wins copyright battle over chubbiest US President: Harris v. Winfrey (Copyright Litigation Blog)

US Trade Marks – Decisions

CAFC affirms TTAB’s dismissal of CITIBANK’s opposition to CAPITAL CITY BANK (TTABlog) (IPBiz)

District Court E D Louisiana upholds TTAB’s ORCHID CREAM VANILLA snowball decision (TTABlog)

TTAB nixes Powertech’s HYBRID GREEN mark (Green Patent Blog)

US Trade Marks – Lawsuits and strategic steps

Blackhorse – TTAB issues pre-trial order in new REDSKINS cancellation battle: Blackhorse v Pro Football (TTABlog)

Evan Conklin Plumbing – Hey, that’s my descriptive trademark! (Seattle Trademark Lawyer)

Mars Hill Graduate School – Confusion over Mars Hill name spurs Seattle School’s name change (Seattle Trademark Lawyer)

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