General Global Week in Review 9 August 2010 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:

CAFC: Tyco wins over Becton but where was the ‘means plus function’ analysis? Becton, Dickinson and Co. v. Tyco Healthcare Group (IPBiz) (Patently-O) (GRAY on Claims)

Dyson doesn’t clean up after all – EWHC (Pat) decision in Dyson Ltd v Vax Ltd (Class 99) (IP Dragon) (Class 99)

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

Corporate business leaders: Want to create value from your IP? Stop making it your lawyers’ problem (IP Asset Maximizer Blog)

Organizational resilience…Try framing it as a strategic roadmap! (Business IP and Intangible Asset Blog)

Organizational resiliency: Defensive foundations (Business IP and Intangible Asset Blog)

Global – Trade Marks / Brands

University logos and low-wage manufacture: The branding challenge (IP finance)


Well-known innovation patent takes the next step… just! Delnorth Pty Ltd v. Dura-Post (Aust) Pty Ltd (Patentology)

Inventors shaken but not stirred by ultrasonic cleaning decision: David Leigh Wake v Cavitus Pty Ltd (Patentology) (Patentology)


Trade marks and freedom of expression: A call for caution (IP Osgoode)


Nice classification (IP tango)


Impact of PRC Tort Law on IPR infringement (China Law Insight)

Shanzhai Saturday: going full pirate (China Hearsay)

Rules on Trademarks containing ‘China’ or ‘National’ have been released (China Law Blawg)

IP Dragon gives lunch presentation at Baker & Mackenzie (IP Dragon)


University inventions – Europe needs a Bayh-Dole Act (ipeg)

OHIM introduces some practice changes (Class 46)

Arbitrating CTM disputes: a reader asks… (Class 46)

Non-minor amendments affect peach and nectarine GIs (Class 46)

Beans, cheese, peppers in latest round of GIs (Class 46)


Christian Louboutin: there is no business like (fake) shoe business (Class 46)


Should we consider EPO and foreign rulings? The German position (PatLit)

Federal Court of Justice rules in patent nullity action – Polymerisierbare Zementmischung (EPLAW)

Hong Kong

Burberry keeps HK competitors in check – High Court decision in Burberry Asia v Polo Santa Roberta (Class 99)


A response to the draft e-Governance policy (Spicy IP)

Inception, ideas and incentive – Part II (Spicy IP)

Sirohi District Court order in Hilltone v Hilton dispute (Spicy IP)

Biscuit designs and all that – Calcutta HC returns two design registrations for biscuit packets to Designs Office for reconsideration in Britannia Industries and Parle Products Pvt. Ltd. (Spicy IP)


Israel Judge allows import of copycat scooters – despite A.Sh.I.R.: TA 1126-07-10 Hsin Lung Accessories Co Ltd and Shed On It LTD vs BS Toys and Brands and others (IP Factor)

South Africa

WAKA WAKA IP rights dispute update (Afro-IP)

RSA Passing off decision – cleaning up languages issues? Tsebo Health CC v Eternal City Trading (Afro-IP)

Gobbledy-gook or stadium speak? (Afro-IP)

United Kingdom

EWHC (Pat) dismisses Abbott’s application for specific disclosure of documents in action concerning medical stents: Abbott v. Medinol (EPLAW) (PatLit)

EWHC (Ch) reviews principles for assessing infringement damages: Fearns (trading as Autopaint International) v Anglo-Dutch Paint & Chemical and others (Class 46)

Dyson doesn’t clean up after all – EWHC (Pat) decision in Dyson Ltd v Vax Ltd (Class 99) (IP Dragon) (Class 99)

A sight for sore eyes? – EWHC (Ch) hands down judgment in trademark and passing off case Specsavers International Healthcare Ltd v Asda Stores Ltd (IPKat)

VITA veto’d by VIETA – EWHC (Ch) confirms existing position regarding extent to which, on appeal, Hearing Officer decision open to challenge: Ruark Distribution Ltd v Marpea SL (Class 46)

Caution chills interim damages pay-out: EWHC (Pat) ruling in Alan Nuttall Ltd v Fri-Jado UK Ltd and another (PatLit)

Honda goes for Silver: Honda Motor Co Ltd and another v David Silver Spares Ltd (IPKat)

Blackburn, Royal Albert Hall – Hendrix, not Beatles: Experience Hendrix LLC and another v Times Newspapers Ltd (IPKat)

Telegraph online endorses the IP crusade (Tangible IP)

Do we need an IP Tsar? (Laurence Kaye on Digital Media Law)

Turn again Whittingdale – and does Razzle Dazzle? – All-Party Parliamentary IP Group (IPKat)

United States

US General

On hiring an employee of your competitor: Bimbo Bakeries v. BOTTICELLA (IPBiz)

US Patent Reform

Comments on the USPTO strategic plan (Article One Partners)

An update on USPTO’s FY 2010 spending authority (Director’s Forum) (IPBiz)

The slippery Manager’s Amendment to S.515 (IPBiz)

Michel & Nothhaft: Inventing our way out of joblessness (Patently-O)

US Patents

First patent granted in the US (Securing Innovation)

IV officially not in trouble,ish! (Tangible IP)

US Patents – Decisions

CAFC: Tyco wins over Becton but where was the ‘means plus function’ analysis? Becton, Dickinson and Co. v. Tyco Healthcare Group (IPBiz) (Patently-O) (GRAY on Claims)

CAFC: prosecution history estoppel: Marctec v Johnson & Johnson and Cordis Corporation (IPBiz)

CAFC: Divorce and patents: Enovsys v. Nextel (Patently-O)

District Court N D California: Failure to reverse-engineer accused products threatens infringement claim: Bender v. Maxim Integrated Products, Inc (Docket Report)

District Court E D Texas: Prior litigation-induced licenses of patent-in-suit not excluded from evidence: ReedHycalog UK, Ltd. et al v. Diamond Innovations Inc (Docket Report)

District Court New Hampshire: 30% royalty is not excessive even though it eliminates profits on infringing sales: Marine Polymer Technologies, Inc. v. HemCon, Inc. (Docket Report)

District Court E D North Carolina: Infringement sale of equipment creating ‘long-lasting business relationship’ creates irreparable harm sufficient to warrant preliminary injunction: Morris & Associates, Inc. v. Cooling & Applied Technology, Inc. et al. (Docket Report)

District Court C D California: Second false marking suit involving the same product but different patent is not duplicative: Shizzle Pop, LLC v. Wham-O, Inc (Docket Report)

ITC issues public version of opinion determining not to revise LEO and not to issue CDO in certain voltage regulators (337-TA-564) involving Linear and Advanced Analogic (ITC Law Blog) (ITC 337 Update)

US Patents – Lawsuits and strategic steps

Georgia-Pacific Consumer Products – NetPak terminated from Investigation 337-TA-718 Certain Electronic Paper Towel Dispensing Devices and Components Thereof based on consent order (ITC 337 Update)

GreenShift – GreenShift adds another ethanol patent infringement suit to the mix, this time against Adkins Energy (Green Patent Blog)

Interactive Life Forms – ITC institutes investigation (337-TA-732) regarding certain devices having elastomeric gel (ITC Law Blog) (ITC 337 Update)

Lincoln Electric – ALJ Rogers issues initial determination in certain bulk welding wire containers (337-TA-686) (ITC Law Blog)

Murata Manufacturing – ALJ Gildea denies Samsung’s motion for summary determination of non-infringement in certain ceramic capacitors (337-TA-692) (ITC Law Blog)

Stauffer – Federal Circuit holds Stauffer v. Brooks Brothers oral argument (Gray on Claims)

Therasense – Abbott files brief in Therasense case: Therasense Inc. v. Becton Dickinson & Co. (Patent Docs) (Patent Docs) (Patently-O)

US Copyright – Decisions

The burden of the past and the American comic book writer: W D Wisconsin opinion and order in Gaiman v McFarlane (Trademark Blog)

US Trade Marks – Decisions

District Court E D Washington finds tie goes to plaintiff’s choice of Washington forum: Pacific Coast Trailers, LLC v. Cozad Trailer Sales, LLC (Seattle Trademark Lawyer)

District Court W D Washington finds knife trade dress functional, dismisses claim: Plaintiff Great Neck Saw Manufacturers, Inc v. Star Asia U.S.A., LLC (Seattle Trademark Lawyer)

8th Circuit: ‘Use in commerce’ under trademark law requires sale or transport of goods; mere press releases not enough: Sensient Technologies Corp v SensoryEfffects Flavor Co (IP Spotlight)

TTAB affirms refusal of ‘Closure Cap Configuration Mark’ on functionality and nondistinctiveness grounds (TTABlog)

WYHA? TTAB affirms mere descriptiveness refusal of COLLEGIATE COMMUNITY FINANCIAL for Credit Union Services (TTABlog)

TTAB reverses 2(d) refusal of LEG BALANCE for athletic apparel over FOOT BALANCE for leather footwear (TTABlog)

TTAB reverses refusal to register Cartier Watch design, finding 2(f) evidence sufficient (TTABlog)

US Trade Marks – Lawsuits and strategic steps

G & F Licensing – Screwed but not a Federal problem: G & F Licensing Corp. v Field & Stream Licenses Co., LLC (Property, intangible)

Levis – Another LEVI’S arcuate lawsuit: Revise Clothing v Levi Strauss (Trademark Blog)

Radiator Express Warehouse – Citing broad scope of discovery, W D Washington grants motion to compel: Radiator Express Warehouse, Inc. v. Performance Radiator Pacific, LLC (Seattle Trademark Lawyer)

Susan G. Komen Breast Cancer Foundation – Komen Foundation directing funds to trademark fights (BlawgIT)

Taco John – Taco John’s claims rights in Taco Tuesday: Taco John v Iguana Mexican Grill (Phosita ) (BlawgIT)

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