General Global Week in Review 4 July 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:

U.S. House of Representatives passes Patent Reform Bill (IP Spotlight) (Maier & Maier) (Maryland IP Law) (Patents Post Grant Blog) (IAM)

EU patent deal agreed by 25 of 27 member states (IAM) (EPLAW) (

Australia: Property Laws Amendment (Raising the Bar) Bill introduced to Senate (IP Whiteboard) (Patentology) (ipwars)

Tobacco trademarks move towards oblivion in Australia – Phillip Morris plans to sue under the Australia-Hong Kong (SA) Bilateral Investment Treaty (ipwars) (IP Dragon) (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

What (some of us) do on the weekend (IP Think Tank)

The Broader Role of an IP Strategist (IP Think Tank)

Global Innovation Index 2011 – Switzerland ranks first among 125 economies on innovation levels (WIPO)

A promise betrayed? Rethinking the clerical natures of IPRs practice in the Third World (IP Osgoode)

UNCITRAL, IP and security interests (IP finance)


Global – Copyright

Performers to get new instrument, but will it still be the same old tune? (1709 Blog)

The broadcast treaty vs. broadcast law (Public Knowledge)

WIPO Committee sees breakthrough on Audiovisual Treaty after 11-year delay (IP Watch) (IP Watch)



PIIPA aims to establish IP centres in African universities (Afro-IP)



A to Z of African official IP websites: no. 2 Angola (Afro-IP)



Property Laws Amendment (Raising the Bar) Bill introduced to Senate (IP Whiteboard) (Patentology) (ipwars)

Tobacco trademarks move towards oblivion in Australia – Phillip Morris plans to sue under the Australia-Hong Kong (SA) Bilateral Investment Treaty (ipwars) (IP Dragon) (IAM)

Court says case too complex for summary judgment: Expo-Net Danmark A/S v Buono-Net Australia Pty Ltd (No 2) (IP Whiteboard)

How much to pay for an infringement (ipwars)

Will unsuccessful opponents be estopped?: Genetics Institute v Kirin-Amgen (ipwars)



Brazil patents: speeding up the process (IP tango)



Federal Court awards $2.5 million in counterfeit Louis Vuitton and Burberry handbag case (Michael Geist)

Ariel Katz: AUCC makes right diagnosis but prescribes wrong remedy re Access Copyright transactional license issue at Copyright Board (Excess Copyright)

Possible impact of Supreme Court arguments in SOCAN previews case on Access Copyright post secondary Copyright Board tariff application (Excess Copyright)



China’s banks lend cash against IP, but are they right to do so? (IAM)

Protecting your Intellectual Property in China, Part I and II (China Law Blog) (China Law Blog)



Toothpick patent invalidated (Kluwer Patent Blog)



EU patent deal agreed by 25 of 27 member states (IAM) (EPLAW) (

EPLAW resolution on unitary patent and the European Patent Court (EPLAW)

Rising from the ashes of the ECJ ruling: the Unified Patent Court (PatLit)

ACTA ratification in Europe to require approval from all 27 member states (Michael Geist)

Open Justice in Europe: IP practitioners speak out (IPKat)

Compensation for Irish bedroom shenanigans: a matter of Opinion – Trstenjak AG renders Opinion in Case C-162/10 Phonographic Performance (Ireland) Ltd v Ireland and Others (IPKat)

General Court finds no likelihood of confusion between word marks BONFAIT and BUONFATTI (Class 46)

General Court upholds findings of likelihood of confusion between figurative marks Mundi Pharma Farmaceuticos and Farma Mundi (Class 46)

Trade Marks: Insulate for life: how not to be appealing: Paroc Oy AB v OHIM (jiplp)

Change of products in design specs: OHIM proclaims! (Class 99)

Of pigs and honey: more GIs for Europe (Class 46)



Federal Supreme Court on claim construction – ‘Okklusionsvorrichtung’(Kluwer Patent Blog)



National phase fee changes in India (inovia’s Foreign Filing Blog)

India ranks low on Innovation Index (Spicy IP)

IPRS continues to sue with impunity before Delhi High Court (SPICY IP)

Do the Bombay & Delhi HCs violate SC guidelines while reviewing IPAB decisions? (Spicy IP)

Delhi HC on remedies pertaining to trademark infringement and passing off: M/S Mahashian Di Hatti Ltd. vs Mr. Raj Niwas, Proprietor of MHS (Spicy IP)

Presumption of validity of a (an Indian) patent (Spicy IP)



Israel and US Patent Offices announce a superhighway – But so what??? (IP Factor)



Defending your mark against dodgy filing practices by trademark bullies now easier in Italy thanks to opposition proceedings (Class 46)




Mexican senate urges rejection of ACTA (IP Watch) (Michael Geist)

Rice and… DOs (IP tango)



District Court of The Hague finds patent valid and infringed in Danisco v. Novozymes (EPLAW)



Polish court against monopolization of scouting symbols (Class 46)



Portugal: the creation of an IP Court – II (Class 46)


South Africa

Fake cigarette busts – South Africa (Afro-IP)



Tunisia: out of London, but where to go next? (Class 99) (Afro-IP)


United Kingdom

EWHC (Ch): Plane users can’t tell airlines from airways: United Airlines Inc v United Airways Limited (IPKat)

PPC page 32: Quickstep – are there difficulties changing course with 8 tentacles? (PatLit)

Laughing all the way to the Banksy? Graffiti guru opts for tapioca trade mark (IPKat)

UK government admits to including design in its plans for innovation and growth (Class 99)


United States

US Patent Reform

Senate judiciary chief seeks fast track of patent reform legislation to President Obama (IAM)

U.S. House of Representatives Passes Patent Reform Bill (IP Spotlight) (Maier & Maier) (Maryland IP Law) (Patents Post Grant Blog) (IAM)

US Patent reform: fears to changes (PatLit)

The Big Government Patent Bill: Guest essay by John Duffy (Patently-O)

The USA doesn’t have a monopoly on duplicity when it comes to patent reform (America-Israel Patent Law)

Rep. Conyers’ Dear Colleague letter opposing patent legislation (Patent Baristas) (Patent Baristas)


US Patents

USPTO launches three Patent Prosecution Highway Pilot programs – Israel, the Nordic Patent Institute and expansion of existing program with Korea (inovia)

Universities & micro entities to receive 75% reduction in Patent Office fees (Patently-O)

EFF files comments with PTO in support of streamlining reexamination procedures (Electronic Frontier Foundation)

What Congress should do to improve the patent system, step 4 (Patent Think)

Reigning in patent reexamination grant rates (Patents Post Grant Blog)

Judge-by-Judge statistics on stays pending patent reexamination (Patents Post Grant Blog)

Webinar recap: Best practices to avoid patent litigation (Patent Quality Matters)


US Patents – Decisions

Calcar v. Honda: CAFC’s first post-Therasense inequitable conduct opinion (Patently-O)


US Patents – Lawsuits and strategic steps

Hyatt – Supreme Court takes two more patent cases – Kappos v. Hyatt; Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S (Patently-O)

Lexmark – ALJ Charneski issues public version of initial determination granting summary determination in Certain Toner Cartridges (337-TA-740) (ITC Law Blog)

Otter Products – ITC institutes investigation (337-TA-780) regarding Certain Protective Cases (ITC Law Blog) (ITC Law Blog)

Rally Manufacturing – Court finds product is falsely marked, however a factual dispute regarding intent remains: Rally Manufacturing, Inc. v. Federal-Mogul Corporation (Docket Report)

Siemens – Rotary clubbed: Siemens hit with water filter patent suit: Veolia Water Solutions & Technologies Support v. Siemens (Green Patent Blog)

Smith & Wesson – ALJ Rogers sets target date in Certain Muzzle-Loading Firearms (337-TA-777) (ITC Law Blog)

Wham-O – FLFMC v. Wham-O appeal set for July 7th oral argument at Federal Circuit (Gray on Claims)


US Copyright – Decisions

2nd Circuit: Zohan messes with Jaymes Blonde crime fighting hairdresser, a concept not protected by copyright: Cabell v Sony Pictures (Copyright Litigation Blog)


US Copyright – Lawsuits and strategic steps

Healix – Allegations of defendant’s acts as a group sufficient to plead copyright and trademark infringement: Healix Infusion Therapy, Inc. v. HHI Infusion Servs., Inc (Chicago IP Litigation Blog)


US Trademarks

‘You’re so vain; you probably think this plate is about you’ – trade marks and customised license plates (IPKat)


US Trade Marks – Decisions

SOLARWINDOW merely descriptive of solar energy devices, says TTAB: In re Kinetic Energy Corporation (TTABlog)

WYHA? TTAB affirms trifusal of NATIONAL QUICK SALE for Real Estate Services: In re National Real Estate Solutions, Inc. (TTABlog)

District Court Columbia: Sibling rivalry: John C. Flood of Virginia, Inc. v. John C. Flood, Inc. (Property, intangible)

11th Circuit: How to steal a trademark – band name ownership decision in Crystal Enter. & Filmworks, Inc. v. Jurado (Property, intangible)

Test your TTAB Judge-Ability: Is MOTIONPOWER merely descriptive of electrical generation?: In re Kinetic Energy Corporation (TTABlog)


US Trade Marks – Lawsuits and strategic steps

Skinny Dip Yogurt – Seattle Shop sued over frozen yogurt trademark: The Skinny Dip, Inc. v. Skinny Dip Yogurt, LLC (Seattle Trademark Lawyer)

Snowizard – New Orleans snowball fight rages on: SnoWizard seeks review of TTAB mere descriptiveness rulings (TTABlog)

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