General Global Week in Review 6 October 2009 from IP Think Tank
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet.
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.
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Highlights this week included:
$388 million verdict against Microsoft overturned (Ars Technica) (IP Law Observer)
Briefs filed at US Supreme Court in Bilski v. Kappos (AwakenIP) (EFF) (Inventive Step) (Patently’O) (Patently O)
Changes proposed to USPTO examiner count system (patentably defined) (Patently O) (Anticipate This) (Inventive Step) (IP Spotlight) (Just a Patent Examiner)
Victoria Espinel nominated to be US’s first ever IP Enforcement Coordinator (1709 Copyright Blog) (IAM) (Managing IP) (Managing Intellectual Property)
Global
Global – General
Intellectual property Consensus – The world of IP is not always in sync with the rest of the world – (IP Think Tank Blog)
What if the solution to global warming was known, patented and withheld? (IP Think Tank Blog)
New York Times, Adwords, China and the European Court of Justice (IP Think Tank podcast)
Global – Trade Marks / Brands
Interbrand’s Best Global Brands 2009: The Expected and Unexpected (IP Osgoode)
Are green brands the future? (IP Solutions)
Global – Patents
Why being an independent inventor is like dating (IP Asset Maximiser)
IP protection no barrier to green technology transfer (IP Watch)
Global – Copyright
Bill Patry’s response to Tom Syndor’s book ‘review’ (Moral Panics and the Copyright Wars)
Africa
Are copycat businesses best fought on dilution grounds (Afro-IP)
Supreme Court of Appeal handed down its decision – Mr Video Appeal (Afro-IP)
Good news for ARIPO as United States rides to the rescue (Afro-IP)
Australia
Anti-Piracy group drops ridiculous claim against ISP (TorrentFreak)
Canada
Local school boards owe thousands in retroactive access copyright fees (Michael Geist)
Stanford researcher gets six-figure settlement from James Joyce Estate for copyright infringement (Stanford Uni)
Canadian IP Office looking to change Extension of time practice (Canadian TM Blog)
China
Third revision of Patent Law in China (Part II) (Intellectual Property Watch)
Europe
Member States simplify international design registration system (WIPO) (Class 99)
Latest version of the proposed European and Community Patent Court is ECPC (PatLit)
Compulsory licences for all? Latest Community patent plans (IPKat)
! is not a trade mark says the CFI (IPKat)
France
Evian revamps its bottle with a little joywashing, teams up with designer Paul Smith (Class 99)
Second HADOPI law faces constitutionality test by French Socialists (Intellectual Property Watch)
Germany
Good news for copyright infringers or a Trapp to Tripp designers? (Class 99)
India
Video pirates, preventive detention and the constitution of India (SPICY IP)
Dancing to tune of Garba and Dandiya: Gujarat High Court says "No Fair"? (SPICY IP)
Print impairment and copyrights – proposed changes (SPICY IP)
Montblanc’s ‘Ghandi pen’ lands in court (Spicy IP)
Prof. Anil Kumar Gupta on the cross pollination of innovation and its promotion (Spicy IP)
ICANN renders ‘domain tasting’ unpalatable (Spicy IP)
United Kingdom
Drinks giant Diageo and Sainsbury’s have reached agreement in their dispute (IPKat) (IPKat)
Patent litigation costs and SMEs a judge speaks (PatLit) (PatLit)
United States
US General
US Industry Campaign: IP needed to address climate change, economy (Intellectual Property Watch)
David Kappos outlines objectives and challenges for USPTO (Intellectual Property Lawyers)
NJ Website designed to encourage technology research, innovation (Technology Transfer Tactics)
US General – Decisions
ITC determines not to review termination based on settlement agreement in video game machines (ITC Law)
Interactive websites can only create specific jurisdiction (Chicago IP)
US Patents
$388 million verdict against Microsoft overturned (Ars Technica) (IP Law Observer)
Briefs filed at US Supreme Court in Bilski v. Kappos (AwakenIP) (EFF) (Inventive Step) (Patently’O) (Patently O)
Analysis of N.D. Illinios local patent rules (Chicago IP)
Double standards for Business Method Patents? (IP Osgoode)
Using Re-examination to avoid wilfulness damages (Patently O)
Claim construction – a structured framework (Patently O)
Do assignments require express language to cover CIP patents? (Peter Zura’s 271 Blog)
Changes proposed to USPTO examiner count system (patentably defined) (Patently O) (Anticipate This) (Inventive Step) (IP Spotlight) (Just a Patent Examiner)
Northern District of Illinois issues local patent rules and local rules generally (Peter Zura) (Chicago IP Litigation Blog) (Gray on Claims) (Chicago IP Litigation Blog)
New PTO Deputy Director Sharon Barner (Patently O) (Chicago IP Litigation Blog)
US Patents – Decisions
Court invalidates ten claims of a patent on EFF’s most wanted list (EFF)
Federal Circuit uses claim differentiation declines limiting claims to preferred embodiment (Gray on Claims)
Summary judgment of non-infringement granted in Abstrax v Dell (ED Texas Fed Crt Practice)
Stanford loses rights based on Researcher’s side agreement (Patently O)
US Patents – Lawsuits and strategic steps
GE asserts wind power patents against Mitsubishi again (Green Patent Blog)
Philips withdraws ITC case as LED patent term wanes (Green Patent Blog)
US Copyright
Victoria Espinel nominated to be US’s first ever IP Enforcement Coordinator (1709 Copyright Blog) (IAM) (Managing IP) (Managing Intellectual Property)
You destroy evidence, you lose – Ninth Circuit judgment against counterfeiter (Seattle Trademark Lawyer)
US Copyright – Decisions
Judge dismisses Jim Brown avatar case on First Amendment grounds (Trademark Blog)
US Trade Marks – Decisions
TTAb finds Luca’s chophouse confusingly similar to Luca Pizza (TTABlog)
US Trade Marks – Lawsuits and strategic steps
Philadelphia Eagles sue radio station for ticket giveaways (The Trademark Blog)
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