General Global Week in Review 7 March 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:

Patent reform – first-to-invent vs first-to-file debate (Patentology) (Inventive Step) (IPBiz) (Patents Post Grant Blog) (Inventive Step) (Inventive Step) (Patently-O) (Patently-O) (Patently-O)

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

Think IP Strategy event: Last registration, workshop schedule update (IP Think Tank)

Top 50 IP Blawgs of all time (IPBiz)

Never mind the Oscars: it’s IP fame and fortune 2011 (IPKat)

US Trade Representative names ‘notorious markets’ for IP infringement (IP Spotlight)

Scams and payment demands: useful information (Class 46) (IPKat) (Class 46)

Global – Patents

The Basis of Patent Portfolio Value (IP Think Tank)

New study: Global patent filing trends (IP Spotlight)

The structure of the law of patentable subject matter (IP Osgoode)

Global – Copyright

Francis Gurry (DG – WIPO) on ‘Future Directions in Copyright Law’ (Excess Copyright)


Is IP Australia the envy of the patent world? (Patentology)

IP Australia’s exposure draft exposed! (Patentology)

Building the case for fair use in Australia – one specific exception at a time (LawFont)

Australian Council on Intellectual Property publishes report into patentable subject matter (Mallesons) (IP Osgoode) 


Center for Intellectual Property Protection: a new Organization in town (IP tango)


Copyright in “art”: Ateliers Tango Argentin Inc. v. Festival d’Espagne et d’Amerique Latine Inc (IPblog)


China Update: 5 March 2011 (IP Think Tank)

Cognac and Scotch Whisky obtain GI Protection in China (China Law Insight)

Cadbury argues in court against registration of “吉百利”(Cadbury in Chinese) for fertilizers (China Law Insight)

The lizard’s weekly China news roundup – Silk Market fight against fakes, Intangible Cultural Heritage draft law review (IP Dragon)

China Daily defends Beijing’s Silk Market (China Hearsay)

 Jissbon’s trademark license head fake (China Hearsay)


OHIM Board of Appeal and the rules of chivalry: R 1262/2010-1 (Class 46)

It doesn’t pay to toy around with Autec: OHIM decision in Adam Opel v Autec (Class 99)

European NPE celebrates a significant milestone (IAM)

Michel Barnier tells the European Blind Union the EU does not support a treaty for persons with disabilities (Knowledge Ecology International)

WBU suspends participation in WIPO & EU Stakeholder discussions, pending agreement at WIPO on legal framework (Knowledge Ecology International)


German Federal Patent Court finds Herzchen (little heart) not distinctive enough for registration for ice cream and flan (Class 46)


The (copyright) remainders of the day (Spicy IP)

ICC-Cricket World Cup and IP enforcement (Spicy IP)

Punitive damages in IP cases are here to stay: Proctor and Gamble v. Joy Creators (Spicy IP)

Breaking News: CBI raids Trademark Registrar’s house (Spicy IP) (Spicy IP)

March 2nd marks aggravated protests against India-EU FTA (Spicy IP)


Ireland license draft enters public discussion (Creative Commons)


Israel trademarks – Use them or lose them (IP Factor)


Court of Appeal of The Hague overturns lower court decision finding the sorting apparatus not covered by the claims: Van Riet v. Van der Land (EPLAW)

District Court of The Hague finds patent covering method for affixing and removing hair-extensions to and from natural hair obvious:  SES v. [X] (EPLAW)


INDECOPI names a Regulatory Council for Pisco (IP tango)


PIONEER v. PIONER (Class 46)


Nespresso coffee capsules suit runs out of steam (Class 46)


Swedish Supreme Court clarifies the law on distressed patents (EPLAW)


Taiwan Patent Office Fees (NAIP Patent Blog)

United Kingdom

Coming up to scratch: an early ruling on the unfair trading regs: EWHC (Ch) decision in Office of Fair Trading v Purely Creative (IPKat)

IP commercialisation: a matter of standards? (IP finance)

EWCA (Civ) orders cases to go to full trial: Virgin v. Delta and Virgin v. Premium (EPLAW)

Patents Court finds invalidity and no infringement in Mölnlycke v. Brightwake (EPLAW)

Automatic reversion clauses in copyright assignments: do they work? Crosstown Music Company 1, LLC v Rive Droite Music Limited, Mark Taylor and Paul Barry (jiplp)

Doh! We need another tag line for our edible dough: EWHC (Ch) decision in Hasbro v Nahrmittel (IP Whiteboard)

UK IPO: Updated examination guide and new forms TM7 and TM26(i) (Class 46)

 British Brads Group plea on ‘unnecessary similarity packaging’ (Class 46) (IPKat)

The system’s fine, but where’s the money? (IPKat)

United States

US Patent Reform

Patent Reform  Act – Senate patent reform debate (Maier & Maier) (IPBiz) (Inventive Step) (Maryland IP Law Blog) (Washington State Patent Law Blog) (Patents Post Grant Blog)

Patent reform – first-to-invent vs first-to-file debate (Patentology) (Inventive Step) (IPBiz) (Patents Post Grant Blog) (Inventive Step) (Inventive Step) (Patently-O) (Patently-O) (Patently-O)

Patent Reform: Good for Innovation. Good for Small Business. Good for America  (Director’s Forum)

Byproduct of Patent Reform Act – More satellite offices (Denver, you may be next) (271 Patent Blog)

Patent damages and the need to reform (Patently-O)

The America Invents Act of 2011: Reform or Regression? (Patent Law Practice Center)

US Patents

Reduced patent budgets remain the US norm, according to report (IAM)

Today’s study: The BPAI’s response to its backlog (Patently-O)

US Patents – Decisions

CAFC: KSR and common sense crush patent: Cimline v. Crafco (IPBiz)

CAFC refuses to hear appeal of stay pending re-examination: Sorensen v. Lexar Media (Patently-O)

District Court W D Louisiana: What nunc pro tunc means: Epic Sporting Goods, Inc. v. Fungoman LLC (Property, intangible)

District Court M D Florida: Patentee entitled to permanent injunction despite granting earlier licenses where licensees and infringing party compete: Harris Corporation v. Federal Express Corporation (Docket Report)

District Court N D Ohio: $2.6 million attorneys’ fee award in $300,000 case warranted due to complexity of case and value of permanent injunction: Bendix Commercial Vehicle Systems LLC, et. al. v. Haldex Brake Products Corporation (Docket Report)

 District Court S D California: Certificates of correction can overreach: Multimedia Patent Trust v. The Walt Disney Company, et. al. (Patents Post Grant Blog)

US Patents – Lawsuits and strategic steps

Chamberlain Group – Federal Circuit’s claim constructions control in remanded patent case: The Chamberlain Group, Inc. v. Lear Corp. (Chicago IP Litigation Blog)

Graco Children’s Products – ITC institutes investigation (337-TA-762) regarding Certain Strollers and Playards (ITC Law 337 Blog) (ITC Law 337 Blog)

Remy International – ALJ Rogers rules on motion for clarification of the ground rules regarding settlement in Certain Starter Motors and Alternators (337-TA-755) (ITC Law Blog)

US Copyright

Seven being considered for new US Register of Copyrights (Knowledge Ecology International)

IP Law Professors: Obama secret Anti-counterfeiting Treaty unconstitutional without Congressional approval (Copyright Litigation Blog)

US Trademarks

INTA, ABA, AIPLA, IPO respond to USPTO request for comments on ‘trademark bullying’ (TTABlog)

US Trade Marks – Decisions

Precedential No. 6: With proof of ‘something more’ lacking, TTAB finds barbecue sauce and catering services not related – JUMPIN’ JACKS v JUMPIN JACK’S (TTABlog)

Rejecting opposer’s CD-ROM Testimony, TTAB dismisses SWATCH opposition to SWAP for watch bands (TTABlog)

9th Circuit: Depiction of Betty Boop cartoon aesthetically functional, not infringing: Fleischer Studios, Inc. v. A.V.E.L.A., Inc (Seattle Trademark Lawyer) (Property, intangible)

Test your TTAB judge-ability on this ‘Fur Rondy’ jewellery design (TTABlog)

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