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General Global Week in Review 7 February 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:

Senate Judiciary Committee passes Patent Reform Act of 2011 (Inventive Step) (Patents Post Grant Blog) (IP Watch) (IP Whiteboard) (Maryland IP Law Blog) (CanadaPatentBlog) (ipeg) (IPBiz) (Patent Baristas) (Patent Docs) (Inventive Step) (Patents Post Grant Blog)  (Patents Post Grant Blog)

The Hargreaves Review – perhaps we don’t have to make heavy weather of this (1709 Blog) (1709 Blog) (IPKat) (Laurence Kaye on Digital Media Law)

CAFC: The teeth of KSR: Obviousness on summary judgment: Tokai Corp. v. Easton Enterprises (Patently-O) (IPBiz) (Reexamination Alert)

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

The Tyranny of the Toos (no. 25 in our list of IP mistakes) (Think IP Strategy)

Your chance to contribute to the 3rd Global IP Index (Think IP Strategy)

IP drives innovation and economic growth, new ICC report claims (IAM)

IP, gender, traditional, cultural expressions (IP Watch)

Management Teams and Boards need to demand that HR data be framed as intangible assets and how they contribute to business performance and risk! (Business IP and Intangible Asset Blog)

Building a reputation risk intelligent company culture…Every company should strive for – Part 1(Business IP and Intangible Asset Blog)

WTO GI register for wines and spirits: the making-of (Class 46)

Global – Patents

WIPO survey reveals strategic points for patents (Innovationpartners)

Global – Copyright

Sixth Global Congress on combating counterfeiting and piracy opens in Paris (WIPO) (IP Watch)


Descriptive use of another’s mark is okay, rules Argentine court (IP tango)


IP Australia introduces new forms, new ‘Corporate Branding’ (Patentology)


Belgian’s popular bread spread not longer protected – Commerical Court of Ghent nullifies Lotus Bakeries’ Belgian patent on ‘speculoospasta’ (Kluwer Patent Blog)


The bad-faith bandit from Banja Luka (IPKat)


National IP Institutes: United we stand (IP tango)


Triangulation: My interview with Leo Laporte and Tom Merritt (Michael Geist)

ACTA: Negotiations my be done, but debate continues (Michael Geist)

Ontario Teachers get a lesson in trademark:  Ontario Teachers’ Pension Plan Board v. Canada (Attorney General) 2011 FC 58 (Trade Mark Blog) (IPblog)

Who must show consent in an intellectual property infringement case? Khan v. Tajdin, 2011 FC 14 (IP Osgoode)

CIPO’s patent prosecution highway (IPblog)

The Access Copyright interim tariff: An excessive or perhaps ‘egg-cessive’ access management fee? (Excess Copyright)


Cease and desist letters for China IP violations. They can work. (China Law Blog)

Why do Chinese academics file so many patents? (IPKat)

LEXUS’ well known mark blues (IP Komodo Dragon)

 IP rights in China (IPblog)


Recognition of GI Parmigiano Reggiano in Colombia pending (Class 46) (IP tango)


Egypt trade mark office upholds ITIMAT opposition (Afro-IP)


Europe calls for radical change on innovation; EU patent in works (IP Watch) (IP Watch)

Are European Think Tanks corporate lobbyists by another name? (IP Watch)

Comments from the Max Planck Institute regarding draft EU instruments (IP Osgoode)

European Commission sued over ACTA secrecy (Michael Geist)

EPO litigation guide now out, but not so fast …! (PatLit) (IP:JUR)

‘Damages for infringing invalid patents’: a comment (PatLit)

The inescapable trap enlarged: EPO Technical Board of Appeal decision in Unilever v. Plasticos and Colgate-Palmolive (EPLAW)

Elio, Edwin in tug-of-love over FIORUCCI name – Case C-263/09  Edwin v OHIM (IPKat)

ONEL edges closer to resolution as Hague Court pops the questions (IPKat)

No abuse, no answers: AG gives Budweiser’s dirty tricks a clean bill of health: Budějovický Budvar, národní podnik v Anheuser-Busch, Inc. (IPKat) (IPKat)

99 mentions of ‘design’ but it’s really a copyright case: Tribunale di Milano  reference to ECJ Flos SpA v Semeraro Casa e Famiglia SpA (Class 99) (1709 Blog) (IPKat)

Combination of yellow and grey colours not distinctive: T-299/09 and T-300/09 Gühring v OHIM (Class 46)

The grace-period trap – or ‘don’t say it’s a copy and you’ll be all right’ (Class 99)


Protection of trade secrets – legislative initiative in France (Tangible IP)


German Epilady – ‘urgency’ in patent infringement cases (Kluwer Patent Blog)

Walzenformgebungsmaschine, Federal Court of Justice (Bundesgerichtshof) on consideration of parallel cases (Kluwer Patent Blog)


Court maintained preliminary injunction after limitation of Patent (EPLAW)


… the Indian Patent Office in Delhi is to become International Searching Authority (ISA)? (Takaoka IP Japan Patent Attorney Library)

The end of Yoga theft (Innovationpartners)

TATA loses trade mark infringement challenge against Greenpeace (Spicy IP) (Spicy IP)

An attempt to ‘balance’ the data exclusivity debate (Spicy IP) (Spicy IP)

Patenting Delays? (Spicy IP)

Amendment to S.2(m) – Copyright Standing Commitee Report (Spicy IP)

Enercon claims IPAB voided 12 patents on grounds of ‘national interest’; MIPR provides us with copy of the Order (Spicy IP)


Retrial granted in patent infringement case following defendant’s lawyer making anti-Semitic slurs (IP Factor)


Landmark decision in Italy on partial revocation for non-use of well known trademarks – DAMIANI (No 11637/2010) (Class 46)

Milan court rejects plaintiffs request for preliminary injunction for lack of urgency: HL Display AB vs. Synco spa (EPLAW)

Court of appeal confirms first judgment finding infringement of plant variety:  Maurizio Bindi vs. Schreurs & Co. Export B.V. (EPLAW)


Re-register those Serbian designs – in Montenegro (Class 99)

New Zealand

Now it’s IPONZ getting a facelift… (Patentology)


The circumstances of bad faith (Class 46)

South East Asia

Geographical Indications in South East Asia – show me the money! (IP Komodo Dragon)


Ideas, tech, experience – how to tie them? – Superintendent of Industry and Commerce signs agreement with Spanish PTO (IP tango)

Does a non-registered licensee have ‘locus standi’? (Kluwer Patent Blog)


Stockholm District Court costs decision – Centraction v. Furåsen and Åss (EPLAW)

United Kingdom

The Hargreaves Review – perhaps we don’t have to make heavy weather of this (1709 Blog) (1709 Blog) (IPKat) (Laurence Kaye on Digital Media Law)

Elvis appears in Court, which is more than can be said for the defendant: EWHC grants summary judgment in favour of EPE – Elvis Presley Enterprises v Carollo (trading as Everness) (IPKat)

Initial interest confusion recognized by the English courts: Och-Ziff Management Europe Ltd and Anor v Och Capital LLP & Ors (jiplp)

Annual spend of £1 million keeps copyists at bay – SUPERDRY brand protection (Class 99)

PCC Page 14: Threats loom larger than the PCC (PatLit)

When oppositions ‘over-succeed’: Armani v Sunrich (Class 46)

United States

US General

Some (still) like it hot: Marilyn Monroe’s publicity rights sold for millions (IP Osgoode)

US Patent Reform

Senate Judiciary Committee passes Patent Reform Act of 2011 (Inventive Step) (Patents Post Grant Blog) (IP Watch) (IP Whiteboard) (Maryland IP Law Blog) (CanadaPatentBlog) (ipeg) (IPBiz) (Patent Baristas) (Patent Docs) (Inventive Step) (Patents Post Grant Blog)  (Patents Post Grant Blog)

US Patents

2010 false marking year in review, looking forward (Gray on Claims)

USPTO to expand work sharing with Australia and Finland (inovia)

USPTO announced proposed ‘track one’ accelerated examination (inovia) (Anticipate This!) (IPBiz)

USPTO backlog and President Obama’s call for innovation (Anticipate This!)

Speed of patent reexamination not so special? (Patents Post Grant Blog)

US Patents – Decisions

CAFC panel disagrees on proper role of specification in claim construction: Arlington v. Bridgeport Fittings (Gray on Claims)

CAFC: The teeth of KSR: Obviousness on summary judgment: Tokai Corp. v. Easton Enterprises (Patently-O) (IPBiz) (Reexamination Alert)

District Court E D Texas: Jury verdict against Johnson & Johnson & Cordis of $482 million in case brought by Saffran (

District Court N D Oklahoma: Tribal sovereign immunity shields Indian nation from liability for patent infringement: Specialty House of Creation, Incorporated v. Quapaw Tribe of Oklahoma (Docket Report)

District Court M D Georgia: Timing of invalidity opinion key to wilfulness analysis: Great Dane Limited Partnership v. Stoughton Trailers, LLC (Docket Report)

District Court E D Texas: Unenforceable patent is ‘unpatented’ for false marking claim purposes: Promote Innovation  v Medtronic (

ITC reverses ALJ, finds no violation in Inv. No. 337-TA-690 in Certain Printing and Imaging Devices and Components Thereof brought by Ricoh against Oki Data (ITC 337 Update) (ITC Law Blog)

US Patents – Lawsuits and strategic steps

Chamberlain Group – Failure to timely disclose third party witness contacts prevents testimony: Chamberlain Group, Inc. v. Lear Corp (Chicago IP Litigation Blog)

Eazypower – Lack of documentation regarding use at the relevant time prevents summary judgment:  Eazypower Corp. v. Jore Corp (Chicago IP Litigation Blog)

Gaumard Scientific Company – ITC institutes investigation (337-TA-759) regarding Certain Birthing Simulators (ITC Law Blog)

Graco – Graco files new 337 complaint regarding Certain Strollers and Playards (ITC Law Blog)

Hewlett-Packard – ITC issues public version of remedy, the public interest, and bonding opinion in Certain Inkjet Ink Supplies (337-TA-691) (ITC Law Blog)

LG – ALJ Gildea grants motion to terminate investigation in Certain Digital Televisions (337-TA-742) based on settlement between LG and respondents Vizio and AmTran (ITC Law Blog) (ITC 337 Update)

LML Patent Corp. – Motion to compel patent licenses granted; Ruling reserved as to admissibility: LML Patent Corporation v. JP Morgan Chase & Co., et. al (

Orvis – False marking case transferred: Americans For Fair Patent Use, LLC v. The Orvis Company, Inc. (

Vizio – ALJ Bullock grants motion to terminate investigation in Certain Flat Panel Digital Televisions (337-TA-733) based on settlement between Vizio and LG(ITC Law Blog)

Voda – Ex parte patent reexamination as an endless loop: District Court W D Oklahoma denies second request for ex parte patent reexam in Voda v. Medtronic Inc., et. al (Patents Post Grant Blog)

US Copyright

2nd Circuit:  Joint authorship in copyright law: Time-barred copyright ownership claims bar later copyright infringement claims: Kwan v. Schlein (Copyright Litigation Blog) (Property, intangible)

US Copyright – Lawsuits and strategic steps

Bellamy Brothers – Bellamy Brother consider suing Britney Spears arguing her song ‘Hold It Against Me’ infringes copyright in their earlier hit ‘If I Said You Have a Beautiful Body Would You Hold It Against Me’ (IP Whiteboard)

Jeff Koons’ balloon dog copyright claim: A dog that wouldn’t hunt (Plagiarism Today)

US Trademarks

The Top Ten TTAB Decisions of 2010 (Part I) (Part 2): (TTABlog) (TTABlog)

US Trade Marks – Decisions

Despite strength of ALARIS and identity of marks, Board dismisses 2(d) proceedings due to lack of evidence that medical goods/services are related (TTABlog)

TTAB allows applicant to amend I.D., but still sustains 2(d) opposition to FINISHPRO for Professional Paint Sprayers (TTABlog)

Test your TTAB judge-ability: Is candy related to chocolate drink mix? Cookies?:  In re Orenda International, LLC (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Fred Beverage – TTAB decides Fred Beverage’s motion to amend, but says it may require fee before deciding (TTABlog)

National Football League – Super Bowl and the NFL’s Trademark Offense (Patently-O)

Procter & Gamble – Court tries Lanham Act case on the papers: RNA Corp. v. The Procter & Gamble Co (Chicago IP Litigation Blog)

Whiting, Denise – Those are my exclusive rights, hon – Baltimore residents protest ‘hon’ trademark registrations (IP Whiteboard)

West Africa

The OAPI Caravan (Afro-IP)

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