General GWiR 20 February 2009 from IP Think Tank

Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

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Highlights this week included:

England and Wales High Court holds employee-inventor entitled to ‘fair share’ compensation: Kelly and Chui v GE Healthcare Ltd (IP Spotlight) (Out-Law) (Managing Intellectual Property) (Law360) (IPKat) (IAM)

USPTO roundtable on deferred examination – reports and analysis (Inventive Step) (Patent Docs) (Patent Docs) (Managing Intellectual Property)



Global – General

Goods seizures in Europe, deferred patent examination, China vs USA IP Think Tank podcast 16 Feb 2009 (IP Think Tank)

US-China WTO dispute – criminal thresholds; final thoughts (China Hearsay) (China Hearsay) (Intellectual Property Watch)

Feedback from INTA traditional knowledge roundtable (Afro-IP)

IP joint ownership creates challenges for companies (Law360)

Be the stimulus you want to see in the world (IP ADR Blog)

Building the ideal IP team (IP Frontline)

Global – Trade Marks / Brands

How much is Coke worth? (IP finance)

Global – Patents

Discussion of venture capitalist Fred Wilson’s post ‘How patent trolls are a tax on innovation’ (Patent Baristas) (Techdirt)

The (mis)reporting of patent lawsuits (The Prior Art)

Using patents as a decision making tool (IP Frontline)

A consumer product company’s costly patent lesson: It’s not enough to protect the invention, the innovation must also be patented (IP Asset Maximizer)

Thompson Reuters issues 2009 Patent Focus Report (Peter Zura’s 271 Patent Blog)

Global – Copyright

Herkko Hietanen, project lead of CC Finland dissertation ‘The Pursuit of Efficient Copyright Licensing – How Some Rights Reserved Attempts to Solve the Problems of All Rights Reserved’ (Creative Commons)

CC licensing your dissertations (Creative Commons)

Help Portishead find a new business model (Creative Commons)


The battle against trade mark piracy (International Law Office)


Drive-in ‘scene’ movie cammer arrested (TorrentFreak)

Australian Broadcasting Corporation releases first material under CC (Creative Commons)

Full Federal Court decision permits parallel imports into Australia: Polo/Lauren Company LP v Ziliani Holdings Pty Ltd (International Law Office)

Resale royalty rights scheme: 10 minutes a month – a small price to pay (IP finance)


Administrative Council for the Economic Defence (Brazilian antitrust agency) to decide leading patent pool case (IP tango)


International Intellectual Property Alliance (IIPA) targets Canada again over IP rules (Michael Geist) (Techdirt)

Canadian Labour Congress IP resolution – an update (Michael Geist)

More multiplicity of multiple copyright tariffs? (Excess Copyright)

Copyright and Canada’s trade deficit – Cui bono? (Excess Copyright)

Oily loonie offside official mark? (Canadian Trademark Blog)

CIPO Trademarks Opposition Board revising procedures, effective 31 March 2009 (Daily Dose of IP) (


China patent reform. (China Law Blog) (Catch Us If You Can!!!)

‘Keepin’ it real fake’ (IP Dragon)

NERA releases report on IP litigation and damages trends in China (Philip Brooks’ Patent Infringement Updates)

Another record year for Chinese patent applications and grants (IAM)

International copyright exchange centre established in Beijing (China Blawg)

Trade mark applications may be submitted online (China Hearsay)


Ethiopia to upgrade IP law, eye WIPO membership (Afro-IP) (Intellectual Property Watch)

Ethiopia to protect Limu and Lekempte as trade marks for coffee (Afro-IP)


ECJ ruling in Schenker SIA v Valsts ienemumu dienests: mind where you source your imported Nokia products! (IPKat)

AG’s opinion in L’Oreal v Bellure: unfair advantage aspects; IBIL seminar materials online (IPKat)

Forthcoming attractions at the ECJ (IPKat)

ISP liability, copyright term extension key IP issues for Europe this year (Intellectual Property Watch)

Extension of copyright on audio recordings from 50 to 95 years passed through Legal Affairs Committee (TorrentFreak) (Managing Intellectual Property)

EU, not content to double music copyrights, now looks to video (Ars Technica)

Recession hits CTM applications (Managing Intellectual Property)

EU regulation on Community trade marks to be codified very soon (BLOG@IP::JUR)

EPO issues notice explaining 2009 fee structure, due to come into effect 1 April (IPKat) (Law360) (Patent Docs)

European patents and patent applications – statistics 2007 (EPO) (Daily Dose of IP)

EU trade mark law spreads far beyond the Union external borders (Catch Us If You Can!!!)

EPO to make IPscore available for free (BLOG@IPJUR::COM)

Help from the OHIM: CTM e-filing: program compatibility issues (Class 46)

European qualifying examinations (EQEs) and languages (IPKat)

Applications for geographical indications (GI) and protected designation of origins: BŘEZNICKÝ LEŽÁK, for Czech beer(GI) ; HAJDÚSÁGI TORMA, for Hungarian horseradish (PDO); Faba de Lourenzá for Spanish beans (GI); Schwäbische Maultaschen for German delicacy (Class 46) (Class 46)

Statistics for 2008 (Class 46)

Fusion of attorneys-at-law and patent attorneys is still on track (BLOG@IP::JUR)


Judge blows full-time whistle in author/cartoonist joint authorship spat concerning ‘Wilde Kerle’ book (IPKat) (Property, intangible)

Federal Patent Court decides Bavarian sausage ‘Münchner Weißwurst’ does not qualify as protected geographical indication (Class 46)

German and Austrian media report unusual case of possible trade mark infringement dating back to age of Vikings (IPKat)


MILKA fends off ILKA FITT in Hungary (Class 46)


Bombay High Court draws distinction between house mark and product identification mark: Parle Products Pvt Ltd v Parle Agro Pvt Ltd (IPKat)

Geographical Indications: Border issues at Bidri (Spicy IP)

INTA roundtable on border measures regulations (Spicy IP)

Copyright: Time to remedy the remedy of injunctions? (Spicy IP)

Copyright in characters – III – Delhi High Court decision in Raja Pocket Books v Radha Pocket Books (Spicy IP)


Anti-Counterfeit Bill 2008 passed (Afro-IP)

Kenya’s new anti-counterfeit legislation discussion (Afro-IP)


Kuwait adopts international classes 42-45 (Kuwaitmark)


New Industrial Property Law (Class 46)


Court moves from Uyo to continue proceedings in New York in high-stake patent case Uwemedimo and Commandclem v Mobil Producing Unlimited (Afro-IP)


A plea from Norway – PCT applications, filing dates (IPKat)


Government to create fifteen new commercial courts (Class 46)

The most valuable Spanish brands, by the consulting firm Brand Finance Iberia (Class 46)


Critical amendments in Turkish trade mark legislation (Intellectual Property Watch) (IP Frontline)

United Arab Emirates

Proposed draft intellectual property laws of Dubai International Financial Centre for public consultation (Competitive Info)

United Kingdom

EWHC: Guidance on how to establish inventive step: ratiopharm (UK) Limited and another v Alza Corporation; Alza Corporation and another v Sandoz Limited (PatLit)

UK court holds employee-inventor entitled to ‘fair share’ compensation: Kelly and Chui v GE Healthcare Ltd (IP Spotlight) (Out-Law) (Managing Intellectual Property) (Law360)

EWHC (Pat): The case of the appeal-proof metaphor: Schlumberger Holdings Ltd v Electromagnetic Geoservices (IPKat)

Artists infringing copyright to protest Damian Hirst bullying 16 year old designer over copyright (Techdirt)

Caps bearing logos of fictional companies in cult films and TV shows (IPKat)

New protections for brand owners: Company Names Tribunal; keyword advertising (Laurence Kaye on Digital Media Law)


United States

US General

Who will be posted as the next director of the USPTO? (BLOG@IP::JUR)

Survey results – Next PTO Director (Patently-O)

International Intellectual Property Alliance (IIPA) submission to Special 301 Review (Intellectual Property Watch) (Ars Technica)

Outline for today’s ABA-ALI presentation on IP ADR (The IP ADR Blog)

US congressional, USPTO officials see Geneva policymaking up close (Intellectual Property Watch)

US General – Decisions

9th Circuit limits the scope of in-term covenants not to compete: Comedy Club v Improv West Associates (Intellectual Property Law Blog)

4th Circuit revives Dll’s software technology trade secrets case against Sentia (Law360)

US Patent Reform

PTO roundtable on deferred examination – reports and analysis (Inventive Step) (Patent Docs) (Patent Docs) (Managing Intellectual Property)

Do you prefer IP law certain or fair? (Chicago Intellectual Property Law Blog)

Center for American Progress report a mixed bag of recommendations to Obama Administration (Patent Docs)

Manufacturing letter on patent reform to President Obama (Anticipate This!)

US Congress, lobbyists renew patent reform slog with focus on damages (Intellectual Property Watch)

Dudas has no regrets despite six controversial years as head of USPTO (IAM)

Coalition for patent fairness launches new site, blog (Peter Zura’s 271 Patent Blog)

US Patents

Patent Office looking for new leadership (Patently-O) (Hal Wegner)

Did you know… the defences established under 35 USC § 271(g) are not available in the International Trade Commission? (ITC 337 Law Blog)

Extending patent terms (Patently-O)

Patent defendants aren’t copycats. So who’s the real inventor here? (The Prior Art)

Wikipedia references increase (Patent Librarian’s Notebook)

References cited (Patently-O)

Percent of patents discussing ‘Microsoft’ (Part I –Patently-O) (Part II – Patently-O)

Rumours of request for continued examination (RCE) filing fee increase (Invent Blog) (Inventive Step)

Examples of strategic uses of requests for continued examination (RCEs) (Patentably Defined)

E D Texas new local rule amendments, effective 6 March 2009 (

2008 top year for clean energy patents, according to Clean Energy Patent Growth Index (Law360)

Study by Sidney Rosenzweig proposes modifications to patent venue (Peter Zura’s 271 Patent Blog)

Infringement issues in an emerging wind power cottage industry (Green Patent Blog)

IBM tops list of PTO patent appeal decisions for 2008 (Hal Wegner)

US Patents – Decisions

CAFC: Obviousness; scope and content of the prior art; secondary considerations: Süd-Chemie v. Multisorb Technologies (Patently-O)

CAFC reverses inequitable conduct ruling against Glamourmom; patent attorney argument as inequitable conduct: Line Rothman and Glamourmom v Target, Kohl’s Department Stores, J C Penny, Leading Lady (Patently-O) (Law360) (Patent Prospector)

CAFC revives patent suit over magnetic eyewear: Revolution Eyewear v Aspex Eyewear (Law360) (Patent Prospector)

CAFC: Claim construction followed; non-infringement affirmed: Contech Stormwater Solutions v Baysaver Technologies and Accubid Excavation (not precedential) (Patent Prospector)

CAFC awards permanent injunction to patentee in ‘close case’: Acumed LLC v Striker Corp et al (Intellectual Property Law Blog)

District Court N D Iowa: Business method patents down but not out (at least not yet) Lincoln National Life Insurance Co v Transamerica Life Insurance Co et al (Peter Zura’s 271 Patent Blog) (Law360)

District Court E D Texas: One case stays and the other goes: motions to transfer venue in two suits filed on the same day, involving the same parties but concerning different patents: Invitrogen Corp. v General Elec. Co. 331891/331889 (

District Court N D California sides with Baxter Healthcare in Markman order for the company’s patent infringement lawsuit against Fresenius Medical Care Holdings over dialysis machine (Law360)

District Court E D Missouri: Federal jury invalidates remaining two patents in lawsuit brought by Avante over electronic voting machines (Law360)

Alameda County Superior Court in California: Judge finds Semiconductor Manufacturing International Corp not defrauded by Taiwan Semiconductor Manufacturing Co in patent and trade secrets litigation settlement deal (Law360)

ITC denies joint motions to terminate based on settlement agreements in certain base stations and wireless microphones: L-3 Communications Mobile-Vision v KCi Communications, Digital Ally and Trinus Systems (ITC 337 Law Blog)

ITC initial determination MEMS Technology Berhad violates Knowles patents based on importation and sales of certain silicon microphone packages (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Bose Corp – Bose alleges Lightspeed Aviation’s noise-reducing headphones for pilots infringe Bose patent (Law360) (Patent Prospector)

Cardio Access – Cardio Access, Edwards Lifesciences settle catheter patent suit (Law360)

Carl Zeiss Vision – Judge tentatively nixes Carl Zeiss lens patent suit against Signet (Law360)

Crocs – Crocs reaches settlement with Sentinel Products Corp and Cellect in foam patent dispute (Law360)

Digital Sports Graphics – Inventor settles slot machine infringement suit (Law360)

Freedom Wireless – Freedom reaches settlements with Ericsson, Cingular Wireless and T-Mobile in prepaid phone patent spat (Law360)

Humanscale Corporation – Humanscale files new 337 complaint regarding ergonomic keyboard arms against CompX (ITC 337 Law Blog)

Monster Cable Products – Monster, Timex settle package design patent suit (Law360)

O2 Micro International – ITC institutes investigation of cold cathode fluorescent lamp inverter circuits based on complaint filed by O2 Micro against Monolinithic, Microsemi, ASUSTek, LG, BenQ (ITC 337 Law Blog)

Research in Motion – Kodak shoots back with patent infringement claims in declaratory judgment suit filed by RIM alleging patent invalidity and unenforceability (Law360)

Samsung Electronics – Samsung hits Kodak with ITC suit over digital camera patents (Law360) (ITC 337 Law Blog)

Saxon Innovations – ITC to investigate Saxon’s complaints against Nokia, HTC Corp, Research in Motion, Palm, Panasonic; motion to amend complaint to add Samsung as a defendant denied; case before E D Texas stayed pending completion of ITC trial (The Prior Art) (Law360) (ITC 337 Law Blog) (ITC 337 Law Blog)

Suppes, G L – University of Missouri takes action against Professor Galen J Suppes and William R Sutterlin over patent ownership (Property, intangible) (Patent Baristas)

TiVo – TiVo, EchoStar return to court over television recording patent fight (ContentAgenda)

Vizio – Vizio alleges Funai abusing digital TV patent (Law360)

US Copyright

PRO-IP Act provides law enforcement initiative for IP rights owners (IP Spotlight)  

US Copyright – Lawsuits and strategic steps

Associated Press – Artist pleads fair use over AP photo of Obama (Managing Intellectual Property) (The IP Law Blog) (Lessig)

Katz, Warren – Warren Katz’ suit accusing Holland & Knight of misrepresenting him in copyright dispute too late (Law360)

Mattel – Mattel ‘interested’ in resolving Bratz spat, indicates attorney (Law360)

PACER – PACER doesn’t want to be free (Compliance Matters)

US Trade Marks – Decisions

District Court Connecticut sorts out trade mark ownership in absence of trade mark licence between contracting parties: Laboratory Corporation of America v. Schumann (Property, intangible)

TTAB affirms 2(a) refusal, finding A-HOLE PATROL scandalous for online social club screening: In re Jibjab Media, Inc (not precedential) (TTABlog)

TTAB affirms 2(d) refusal of RINGO for clothing: In re Richard Starkey aka Ringo Starr (not precedential) (TTABlog)

Long, strange trips ends in split TTAB 2(d) decision for ORIENT-EXPRESS applicant: Societe Nationale des Chemins de Fer Francais and Venice Simplon-Orient Express, Inc. v. Stuart S. Hoffman (not precedential) (TTABlog)

TTAB okays single DVD as specimen for ongoing TV series, EVERYBODY I EVER SLEPT WITH: In re Atlas Media Corp (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Experience Hendrix – Hendrix clan settles trade mark lawsuit; plaintiffs get injunction and $3.2 million: Experience Hendrix LLC v Electric Hendrix LLC (Seattle Trademark Lawyer)

Joyce Theater Foundation – Joyce Theater Foundation files suit asking for judicial review of TTAB decision on ownership of the JOYCE mark: Joyce Theater Foundation v Ballet Tech (Property, intangible)

Moore, Sam – Singer, Sam Moore sues MGM Studios, Weinstein Co for trade mark infringement, privacy invasion and unfair competition over ‘Soul Men’ film (Law360)

Psion – Save the Netbooks campaign: fighting a trade mark on extinct hardware (Ars Technica)

Sportsfragrance – Sportsfragrance files suit against The Perfumer’s Workshop over use of ROCK & ROLL brand (Seattle Trademark Lawyer)

Voltaix – Voltaix targets NanoVoltaix in trade mark infringement suit (Green Patent Blog)


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