General Global Week in Review 5 April 2010 from IP Think Tank

Here is Think IP Strategy’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

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Highlights this week included:

Delayed examination: USPTO proposes 12-month optional fee-deferral (and examination delay) (Patently-O) (inovia’s Foreign Filing Blog) (Peter Zura’s 271 Patent Blog) (Inventive Step) (IP Spotlight) (The Invent Blog) (Patent Docs)

USPTO announces plan to reduce the time required for appeals in patent applications (IP Spotlight) (Director’s Forum) (Patently-O)

April Fools’ Day Fun

Semicolon leads to breakthrough in long-stalled negotiations (IP Watch)

Coke goes green in Germany – literally (Class 46)

Global – General

A simple structure for analysing your IP strategy (IP Think Tank)

Why YOU should join the Chief IP Officer online innovation game on 14 April 2010 IP Think Tank podcast 31 Mar 2010 (IP Think Tank)

Do you have to play against someone to be strategic? (IP Think Tank)

The world’s first IP exchange moves closer following successful meeting in Dallas (IAM)

Lamy: ‘Not where we wanted to be’ in WTO Round (IP Watch)

Leaked ACTA text shows possible contradictions with national laws (IP Watch)

Intellectual capital management includes protecting ideas and innovation! (Business IP and Intangible Assets Report and Blog)

Which is more valuable: Invention or imitation? (IP Directions)

Can there be too much IP with the organisation? (IP finance)

Managing and protecting intellectual capital: It’s a necessity, not an option (Business IP and Intangible Assets Report and Blog)

Global – Trade Marks / Brands

Time to teach about branding; or is it? (IPKat)

Global – Patents

What if a patent settlement agreement risks being illegal? (IP ADR Blog)

Innovation professionals – take charge of patents to ensure ROI of your efforts (includes case study) (IP Asset Maximizer Blog)

Ignoring IP assets when the liquidator comes in… (Tangible IP)

The research exemption to patent rights – towards a minimum global standard? (IP Osgoode)

Are your patent search strings confidential? (Intellogist)


FCA: ‘To authorise’ has the same meaning for patents and copyright: Inverness Medical Switzerland GmBH v MDS Diagnostics Pty Ltd (IP Whiteboard)


Brazil looking forward to increase creation by innovation and technology – MOU on Cooperation of Science, Technology and Innovation (IP tango)


FCC allows opposition to VIBETRAIN registration: Vibe Media Group LLC v Lewis Craig t/a VIBETRAIN (Canadian Trademark Blog)

Federal Court: Special circumstances excuse non-use of trademark: Cobalt Brands, LLC v Gowling Lafleur Henderson LLP (Canadian Trademark Blog)


National People’s Congress passes second amendments to copyright law (China Blawg)

Intellectual Property Rights Customs Protection Regulations amended in China (China Blawg)

Eastern migration: Patent filing and protection in China (inovia’s Foreign Filing Blog)

China’s latest draft disposal rules for patents in standards: A step forward? (IP Watch)

Costa Rica

Costa Rica IP law reform (IP tango)


AG’s opinion in Barbara Becker’s appeal against CFI’s decision that her full name is confusingly similar to her husband’s surname (IPKat)

EPO appeal board don’t have to consider grounds in the order in which the appellant raises them: Case T 0911/06 – 3.5.02 Hybrid generator apparatus/DA PONTE (PatLit)

EPO: No show at oral proceedings before Board of Appeal in order to save costs may turn out to be expensive: Ancon CCL Limited v Normteq BV (EPLAW)

EPO: Petition for review rejected as clearly inadmissible because objection to procedural effect was not raised during appeal proceedings as required by Rule 106 EPC – R9/09 (EPLAW)

General Court finds similarity between red cups: Nestlé / OHMI – Master Beverage Industries (Golden Eagle) (Class 46)

EU holds strong as Madrid system filings drop (Class 46)

EU: The enemy within? (JIPLP)

Harmonisation spreads westwards – Canada-EU Comprehensive Economic and Trade Agreement (1709 Copyright Blog)

In the pipeline: Future revision of the trade mark system in the EU (BLOG@IP::JUR)

European Commission opts for Benelux-first registration policy (Class 46)

New GIs: Alubia de La Bañeza-León PGI for Spanish bean; Colline Pontine PDO for Italian olive oil; Chirimoya de la Costa tropical de Granada-Málaga PDO for Spanish custard-apple (Class 46)


Court of Appeal: Document Security anti-counterfeiting technology patent found invalid: Document Security Systems Inc and Trebuchet Capital Partners v. European Central Bank (EPLAW)


The ‘new’ DPMA website – some helpful links (IPKat)


IPAB’s power of review (Spicy IP)

Controversial section 3(d) of the Indian Patent Act finally under the lens – FICCI Roundtable (SiNApSE)

To belong or not to belong? Toyota suffers setback in trademark battle before the Delhi High Court: Toyota Jidosha Kabushiki Kaisha v. Deepak Mangal & Others (Spicy IP)

STEM and AUTM collaborate to build sustainable technology transfer systems in India (SiNApSE)


Amendments to Mexican Industrial Property Statute make trademark filings less formal, but also raise some concerns (RelatIP)


The Hague Court of Appeal on Dutch patents limited by claim amendment: Bébécar-Utilidades Para Crianca LDA v. Maxi Miliaan B.V. (EPLAW)

District Court of The Hague: Ex parte order based on misleading information: Franz Grimme Landmaschinenfabrik GmbH & Co, KG v. Steenvoorden Constructie B.V. and F.R.Steenvoorden Industrial Equipment B.V. (EPLAW)

District Court The Hague rules Dutch part of Ezendam’s European patent concerning cutting technology is novel and involves inventive step: Vastgoedmaatschappij Gebr. Ezendam B.V. v. Lommers-Van Eijken Tuinbouwmachines B.V. (EPLAW)

Dutch return Corot painting looted by Nazis from a Jewish banker (Copyright Litigation Blog)


Problems with agents and representatives (Class 46)


Moscow Federal Arbitration Court refuses protection for KREMLYOVSKAYA – consumers may think that Kremlin is behind production of vodka (Class 46)

ARKADA found in breach of Russian anti-monopoly legislation due to unauthorised use of Olympic symbol (Class 46)

Adidas in Russia: same claims, different decisions (Class 46)


Serbia gets new law on geographical indications (Class 46)

South Africa

Ownership of IP derived from publicly funded research: the State steps in (JIPLP)

Chameleon controversy – Judge Bozalek rules on Xhose translation of trade mark (Afro-IP)


Public ‘strategic’ plan for the promotion of IP (Class 46)

United Kingdom

EWHC (Pat): Patents valid, not infringed: Schütz (UK) Limited v. Werit UK Limited and Protechna SA (EPLAW)

No half measures, except for retiring staff measures – Coca-Cola Company’s appeal to Appointed Person relating to NO HALF MEASURES application (IPKat)

UK IPO, ACCA release technical paper ‘Intellectual Property and the Practising Accountant (IP finance) (IAM)

Developing countries, moral rights and cultural heritage (IPKat)

United States
US General

PIJIP summary of USTR’s global IP complaints (Michael Geist)

US Patents

Delayed examination: USPTO proposes 12-month optional fee-deferral (and examination delay) (Patently-O) (inovia’s Foreign Filing Blog) (Peter Zura’s 271 Patent Blog) (Inventive Step) (IP Spotlight) (The Invent Blog) (Patent Docs)

Director Kappos testifies before House Subcommittee regarding USPTO budget (Patent Docs)

Despite low participation, PTO set to expand peer-to-patent program (Inventive Step)

USPTO announces plan to reduce the time required for appeals in patent applications (IP Spotlight) (Director’s Forum) (Patently-O)

Information resource on false marking litigation: (Patently-O)

False marking – update on number and type of new cases, pending legislation (GRAY on Claims)

Will the Federal Circuit’s decision in Pequignot v Solo Cup Co impact the number of new false marking cases? (Docket Report)

Update to recent patent damages article (Patently-O)

US patent counts, Q1 2010 (Patent Librarian’s Notebook)

Bilski predictions: Justice Stevens (Patently-O)

US Patents – Decisions

CAFC reverses District Court finding of indefiniteness: Hearing Components, Inc. v. Shure, Inc (GRAY on Claims) (Patently-O) (

CAFC on relative claim terminology: Power-One, Inc v Artesyn Technologies, Inc (Peter Zura’s 271 Patent Blog) (

CAFC: Panel disagrees regarding use of incorporation by reference to identify structure for means-plus-function claims: Pressure Products Medical Supplies, Inc. v. Greatbatch Ltd. (GRAY on Claims)

District Court E D Texas finds Applied Medical Resources liable for infringement of Covidien’s surgical device patent (Patent Docs)

District Court E D Texas limits number of patent claims and prior art references asserted in case: SynQor, Inc v Artesyn Technologies, Inc et al (Docket Report)

District Court W D Pennsylvania: Non-practising entity entitled to permanent injunction where infringed patent was the subject of prior exclusive license: Judkins v. HT Window Fashions Corp (Docket Report)

District Court N D Ohio: Deliberate copying, litigation conduct warrant $10 million enhanced damages award: Saint Gobain Autover USA, Inc. et al v. Xinyi Automobile Glass Co. et al. (Docket Report)

District Court N D Illinois enters final judgment as to one defendant and stays case pending appeal: ImageCube, LLC v The Boeing Co. (Chicago Intellectual Property Law Blog)

ITC: Summary determination of non-infringement in certain dual access locks investigation based on complaint by SafeSkies (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Elan Microelectronics – Elan files new 337 complaint regarding multi-touch enabled touchpads and touchscreen devices (ITC 337 Law Blog)

FedEx – FedEx sends Scott Harris patent packing (The Prior Art)

FreeScale – ITC institutes investigation regarding certain integrated circuits based on complaint by FreeScale against Panasonic, Funai, JVC etc (ITC 337 Law Blog)

Hewlett-Packard – ITC institutes investigation regarding certain inkjet cartridges following complaint by HP against MicroJet, Mipo Technology and others (ITC 337 Law Blog)

McCabe, Geoffrey – ITC institutes investigation regarding certain stringed musical instruments based on complaint by Mr McCabe against Floyd Rose, Davitt & Hanser, Ibanez (ITC 337 Law Blog)

Paice – ITC grants Paice motion for summary determination on infringement, validity and enforceability in investigation of Toyota (ITC 337 Law Blog) (ITC 337 Law Blog)

Panasonic – Panasonic files new 337 complaint against Freescale and others over importation and sale of large scale integrated circuit semiconductor chips (ITC 337 Law Blog)

Samsung – Samsung, Toshiba et al. accused of infringing energy conservation circuit patent (Green Patent Blog)

US Copyright

Another ACTA leak: Will the USTR ever listen to public interest concerns? (Public Knowledge)

Obama admin: It’s time to make radio pay for its music (Ars Technica) (Copyright & Campaigns)

US Copyright – Lawsuits and strategic steps

Green Day – Artist files complaint in C D Los Angeles over use of his art as backdrop in Green Day concert (Trademark Blog of the Trademark Lawyer’s Mind)

US Trade Marks – Decisions

TTAB precedential no 12: TTAB sustains HERE’S JOHNNY portable toilets opposition on two grounds: Res judicata and no bona fide intent: The John W Carson Foundation v, Inc (TTABlog)

TTAB finds GREEN CEMENT merely descriptive of environmentally-friendly cement products: In re Calera Corporation (not precedential) (TTABlog)

TTAB finds TOESOX generic for… guess what?: In re ToeSox, Inc (not precedential) (TTABlog)

Test your TTAB judge-ability: Are THE CLOSET GUY and THE CLOSET LADY confusingly similar for closet-related services?: In re The Closet Guy, Inc (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Colliander, Kristen – Who owns ‘Angels’ show trademark and trade dress? W D Washington to decide: Colliander v Natfzger (Seattle Trademark Lawyer)

Omega – DOJ files amicus brief supporting controversial use of copyright claim to block parallel trade of Omega watches (KEI)

United Black Fund – TTAB resumes proceedings in oldest pending case: United Black Fund v National Black United Fund, Inc (TTABlog)



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