General Global Week in Review 8 August 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 2011: House Bill coming to the Senate in September (Patently-O) (IP Watch) (Inventive Step) (Patents Post Grant) (Patently BioTech)


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

Failure to Protect IP (No.1 in our list of IP mistakes) (IP Think Tank)

An elephant in the room? (IP Think Tank)


Global – Trade Marks / Brands

Those scams again: signs of progress (IPKat)


Global – Patents

Getting the most value from your patent claims (IP Watch)


Global – Copyright

Creative Commons at the Society for Economic Research on Copyright Issues Congress (Creative Commons)



Contemporary African art promotion – AfricanColours: can it, will it, make an IP impact? (Afro-IP)



VSC: Mitre 10 refused interlocutory injunction to stop “Masters” using a blue, white and grey get-up for hardware store: Mitre 10 Australia Pty Ltd v Masters Home Improvement Australia Pty Ltd (ipwars)

Bennett J holds Zetco patent for hot water heater valves valid and infringed by Austworld Commodities (IP Whiteboard)



A to Z of African official IP websites: no. 6: Cameroon (Afro-IP)



Good faith: The atomic bomb of patent law? – FCA decision in Corlac v Weatherford Canada (

Federal Court posts “model” bifurcation order for IP matters (IP Osgoode)

AUCC’s reply to Access Copyright on transactional licenses (Excess Copyright)

Federal Court upholds Setanta’s monopoly on the UFC in Canada (IP Osgoode)

Wire Report on the Music Canada (CRIA) “challenge of the scope of the Supreme Court’s CCH precedent” (Excess Copyright)



Is China’s anti-monopoly law used to get hold of foreign IP? (IP Dragon)

China IP problem? Just dial up President Obama. Yeah, that’s the ticket. (China Hearsay)

China takes knock-offs to new level with fake American news bureau (China Hearsay) (IP Dragon)

IKEA drama: Second tier cities cannot wait for well known brands: enter the copycat (IP Dragon)

Wrong reasons, right conclusion: Why China imitates western brands (IP Dragon)



General Court upholds findings of likelihood of confusion for identical goods: Ergo v Urgo (Class 46)

Summer: the season for catching up on GIs (Class 46)



The Greek Communication Review Board, sales and national symbols (Class 46)



Landmark judgment: SC issues guidelines for grant of ex parte orders: Ramrameshwari Devi & Ors. vs Nirmala Devi & Ors (Spicy IP)

IIM-Calcutta in a copyright mess involving educational courses (Spicy IP)

“Manual of Geographical Indications Practice and Procedure” released (Spicy IP)

Performing wrongs: Music Broadcast Pvt. Ltd. v Indian Performing Right Society; Indian Performing Right Society v Aditya Pandey (Spicy IP)

Lost in relocation?  No more: Long arm of Trade Mark registry hunts down missing applications (Spicy IP)

Silencing the song (Spicy IP)



Harry Potter, royalties, taxes and monopolies (IP Komodo)



HaTikvah – A hopeless copyright case (IP Factor)

Super-heroes get statutory damages under the wrong law: DC Comics vs. Polo Publicity and Trade LTD; Marvel Comics vs. Polo Publicity and Trade LTD (IP Factor)



Refill a Heineken cask with Olm: trade mark infringement? (Class 46)

District Court of The Hague: Legal costs: Vetus v Inno Nautic (EPLAW)

District Court of The Hague awards claim for ‘rest damage’: ABK Kunststoffen v Snoeks Automotive B.V (EPLAW)


New Zealand

NZ High Court clears patent attorneys of negligence: The Baby Hammock Co Limited v AJ Park Law (Patentology)


Northern Ireland

Ploughing a lonely furrow? IP practice in Northern Island (SOLO Independent IP Practitioners)



Court of Session tells Schuh to Shush: Schuh Limited v Shhh… Limited (IPKat)


South Africa

CIPC TM filings set for a record year (Afro-IP)



Busy Asian patent examiners (IP Komodo)


United Kingdom

Provision potentially “toothless” and “not very well thought-out”: a less than ringing endorsement for s68 PA 1977 – EWCA judgment in Schütz v Werit (IPKat)

UK IPO report estimates economic contribution of intellectual property rights (IP Osgoode)

Oh, to be in England – More copyright tourism on the way? Lucas v. Ainsworth (Excess Copyright)

EWHC (Pat) dismisses claim for infringement and holds patent partially invalid: ConvaTec v Smith & Nephew (EPLAW)

PCC Page 34: After the case management conference, choosing an expert witness (PatLit)

Ye olde trade mark dispute: when a rose, is but a rose, just not that rose – EWHC hears trade mark dispute between two Yorkshire breweries (IP Whiteboard)

PCC Page 35: rowing against the tide of expert enthusiasm: Cautious Co v IPOff Ltd (PatLit)


United States

US Patent Reform

Patent Reform 2011: House Bill coming to the Senate in September (Patently-O) (IP Watch) (Inventive Step) (Patents Post Grant) (Patently BioTech)

Let’s reform patent reexamination (IP Directions)

The impact of Therasense on Patent Reform (Patent Law Center)


US Patents

PTO to match materiality standard to Therasense (Inventive Step) (IP Spotlight)

Patents ombudsman pilot program to go permanent (Director’s Forum)

False marking – New case update (Gray On Claims)

Scholarship roundup: Crouch and Merges, operating efficiently post-Bilski by ordering patent doctrine decision-making (Patently-O)

Unforeseeability a slender reed for rebutting presumption of prosecution history estoppels (Patently-O)

Dashboard Update: Office of policy and external affairs (Director’s Forum)


US Patents – Decisions

CAFC: Patent licenses are presumed to cover continuation applications (absent clear indication to the contrary): General Protecht Gp. (Zh. Dongzheng) v. Leviton Mfg (Patently-O)

District Court N D Georgia: Twombly and Iqbal do not apply to counterclaims and affirmative defenses: Graphic Packaging International, Inc. v. C.W. Zumbiel Co. (Docket Report)

District Court N D Illinois: Collective Scienter does not apply to false patent marking: Heathcote Holdings Corp. v. William K. Walthers, Inc. d/b/a Darda Toys (Chicago IP Litigation Blog)

District Court E D Virginia: Can a forum selection clause prevent patent reexamination? Callaway Golf v. Kappos (Patents Post Grant Blog)

Marshall jury renders verdict in patent case: Convolve v. Hitachi et al (

CAFC sets new test for ‘inequitable’ patent prosecution: Therasense v Becton, Dickinson & Co (JIPLP)

CAFC validity determination undone by appellant via patent reexamination? – CAFC hears oral argument in In re Construction Equipment (Patents Post-Grant)


US Patents – Lawsuits and strategic steps

Duggal Dimensions – ALJ Gildea grants motion to terminate investigation in Certain Wind And Solar-Powered Light Posts And Street Lamps (337-TA-736) (ITC 337 Law Blog)

Georgia-Pacific – ALJ Gildea grants summary determination and recommends general exclusion orders in Certain Electronic Paper Towel Dispensing Devices (337-TA-718) (ITC Law Blog)

Louis Vuitton – ALJ Luckern grants motion to compel in Certain Handbags and Luggage (337-TA-754) (ITC Law Blog)

Sud Chemie – ALJ Luckern sets procedural schedule in Certain Flip-Top Vials (337-TA-779) (ITC 337 Law Blog)


US Copyright – Decisions

District Court N D Illinois: Federal counterclaim cannot create original jurisdiction: First Step Child Care Center, Inc. v. KASI Designs, Inc. (Chicago IP Litigation Blog)


US Copyright – Lawsuits and strategic steps

P22 – Font used in Harry Potter merchandise could spell damage award (IP Osgoode)


US Trademarks

Another big IP auction scheduled for September, but this time it’s not patents (IAM)

New Mexico chile legislation shows power of certification mark (Seattle Trademark Lawyer) (IPKat)


US Trade Marks – Decisions

Precedential No. 18: TTAB denies motion to re-open testimony period, dismisses 2(d) opposition for shortage of proof (TTABlog)

7th Circuit: A trick question – trademark for ‘Jag Jeans’: In re XMH Corp (Property, intangible)

District Court C D California: Newspaper’s discussion about trademark owner protected as nominative use: 1 800 GET THIN v. Hiltzik (Technology & Marketing Law Blog)

Test your TTAB judge-ability: Must FRESH be disclaimed for frozen desserts? (TTABlog)

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