Global Week in Review 10 Oct 2012 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:

WIPO defers Pirate Parties International observer status (Spicy IP) (IP Watch) (IPKat)

EU Orphan Works Directive adopted by the Council (The 1709 Blog) (IPKat) (Out-Law)

Self replicating (and alive) inventions: US Supreme Court grants certiorari in Monsanto v. Bowman (Patently-O) (Holman’s Biotech Blog) (Inventive Step)


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

WIPO defers Pirate Parties International observer status (Spicy IP) (IP Watch) (IPKat)


Global – Trade Marks / Brands / Domain Names

Experts gather in Toronto to assess ICANN and internet governance (IP Watch)


Global – Patents

Can I – and should I – patent my smartphone app? (Patentology)

USPTO and EPO release advance version of cooperative patent classification system (Patent Quality Matters)


Global – Copyright

WIPO assembly moves to fast-track copyright exceptions for visually impaired (IP Watch)

YouTube upgrades its automated copyright enforcement system (EFF) (Ars Technica)

Can ad revenue save the printed media? (IP finance)



High Court publish reasons for finding tobacco plain packaging laws valid (

Reading prior art when the times, they are a-changin’: Bradken Resources v Lynx Engineering Consultants (Patentology)

Show doing well on BitTorrent? We’ll buy it, says media giant Fairfax Media (TorrentFreak)



Canada officially joins Trans Pacific Partnership talks (Michael Geist)



How To Protect Your IP From China (Part 1 – China Law Blog) (Part 2 – China Law Blog) (Part 3 – China Law Blog)



UPC Rules of Procedure – Will they address concerns of small-country SMEs? (Kluwer Patent Blog)

EU Orphan Works Directive adopted by the Council (The 1709 Blog) (IPKat) (Out-Law)

Arnold J asks the CJEU to try again in relation to SPCs on combination product (IPKat)

General Court finds no likelihood of confusion between Le Lancier and El Lancero marks (Class 46)

ZEBEXIR/ZEBINIX: likelihood of confusion where packaging matters:Case T-366/11 (IPKat)

Pucci v Tucci: latest developments in a protracted trademark legal saga (IPKat)

Phoning the rapporteur? Think again … T 1251/08 (PatLit)



Tribunal de Grande Instance issues preliminary injunction against Teva in case concering Sanofi’s irbesartan/HCTZ combination SPC (EPLAW)

Rules governing post mortem transmission of droit de suite held constitutional (The 1709 Blog)



Google’s Motorola Mobility pulls all Android devices from German market after patent rulings (FOSS Patents)

Mannheim Regional Court holds that Android does not infringe Microsoft’s radio interface patent (FOSS Patents)



Delhi High Court recognizes international exhaustion under the Indian trademark law: Kapil Wadhwa & Ors v Samsung Electronics & Anor (Spicy IP)

Cipla succeeds in revoking Pfizer / Sugen’s patent on sunitinib (Spicy IP)

National Biodiversity Authority set to prosecute Monsanto’s Indian subsidiary: What about Cornell, USAID and the Department of Biotechnology? (Spicy IP)

The need for iron-clad enforcement of Section 8 disclosure requirements (Spicy IP)

India ratifies Nagoya Protocol on biodiversity access and benefit-sharing (IP Watch)

New India guidelines on similar biologics (Spicy IP)



Supreme Court finds in favour of trademark owner in ‘iStore’ trademark infringement case (IP Komodo)



At last, a legal ruling that yoghurt is … only yoghurt – partial revocation of Danone’s ACTAVIA for all goods in Class 30, 32 and certain goods in Class 29 (IPKat)



Israel Supreme Court rejects Adidas’ appeal re four stripe sneakers (The IP Factor)



First Italian opposition decision issued (Class 46)



District Court of The Hague perspective on interpretation of SPC Regulation post-Medeva: Sanofi v Teva (irbesartan and irbesartan/HCTZ) (The SPC Blog)


New Zealand

Three-strikes regime – Eight ‘music pirates’ to face Copyright Tribunal, one to defend in person (TorrentFreak)



Evasive action: How The Pirate Bay four dodged Swedish justice—for a while (Ars Technica)



Supreme Court: VOGUE is a famous mark, enjoys protection for all products (Class 46)



Ugandan company Quality Chemical Industries Limited producing generic drugs (Afro-IP)


United Kingdom

Changing scope of anti-piracy code would need Parliamentary and EU approval, says Ofcom (Out-Law)

Explaining patent litigation 3: All change for smaller businesses – tax benefits (PatLit)


United   States

US General

US announces $2.4M in local grants to combat IP theft (IP Watch) (Ars Technica)

What’s the hang-up? Apotex sues FDA over compliance failure that’s stalling ANDA approvals – AVALIDE (irbesartan/hydrochlorothiazide) and AVAPRO (irbesartan) (FDA Law Blog)

FDA sued over generic DIOVAN 180-day exclusivity; lawsuit takes issue with FDA forfeiture decision and “trust me” approach to exclusivity decisions (FDA Law Blog)


US Patents

Claim your exemption! – US applicant exemption from Rule 141 of EPC (Director’s Forum)

PPAC issues report on USPTO patent fees proposal (Patent Docs)

With 102(f) eliminated, is inventorship now codified in 35 U.S.C. 101? Maybe, but not restrictions on patenting obvious variants of derived information (Patently-O)

Rules changes implementing the inventor’s oath or declaration provisions of the AIA (Patent Docs)

ITC publishes new proposed rules regarding scope of discovery (ITC 337 Law Blog)

Revival of Parker v Flook (Patently-O)


US Patents – Decisions

CAFC again reverses USPTO on broadest reasonable interpretation (BRI) claim interpretation: In re Abbott Diabetes Care (Patents Post-Grant)

New Jersey: Claims of second BONIVA patent held obvious: Hoffmann-La Roche v Apotex (Beeser)

SD California: Invalidity opinion creates fact issue as to specific intent needed for indirect infringement: Gen-Probe v Becton Dickinson (Docket Report)

WD Virginia: Kickstarter posting alone was insufficient to support exercise of state-specific personal jurisdiction: Robinson v Bartlow (Docket Report)

ED Louisiana: Manufacturer’s indemnity of retailers does not obviate plaintiff’s right to proceed against retailers: Innovention Toys v MGA Entertainment (Docket Report)

CD California: Reexamination stay granted despite direct competition between parties: Inogen v Inova Labs (WHDA)

ND Illinois: Enzyme distributor admits infringement as Novozymes wins injunction: Novozyms v CTE Global (Green Patent Blog)

ITC: ALJ Bullock grants motion for summary determination of invalidity in Certain Wiper Blades (337-TA-816) (ITC 337 Law Blog)

Analysis of detailed version of preliminary ITC ruling on Samsung complaint against Apple (FOSS Patents)


US Patents – Lawsuits and strategic steps

AbbVie – AbbVie files patent infringement suit against Banner Pharmacaps over NDA filing to manufacture generic version of ZEMPLAR (paricalcitol) (Patent Docs)

Actelion – Actelion preemptively sues generic companies over REMS and biostudy product availability issues; case could be a bellwether for future efforts – TRACLEER (bosentan) (FDA Law Blog)

Apple – Juror confusion over patent laws to doom Apple Samsung verdict? (Patents Post-Grant)

CSL Bank – Federal Circuit to announce whether software is patentable?: En banc rehearing on Section 101 issues: CSL Bank v Alice Corp (Patently-O)

FDA – Supreme Court is again asked to take up drug patent settlement agreements; this time it’s ANDROGEL (testosterone) (FDA Law Blog)

Gunn – Supreme Court questions whether patent law malpractice claims “arise under” the US patent laws (and thus are amenable to federal jurisdiction): Gunn v Minton (Patently-O)  (Inventive Step)

Ivax – Ivax files patent infringement suit against Celgene over manufacturer and sale of VIDAZA (Azacitidine) (Patent Docs)

Kyocera – Kyocera attack on two scalable display patents, among the post-grant requests filed week of October 1, 2012 (WHDA)

Lodsys – Lodsys claims momentum in patent fight as some indie devs leave US (Ars Technica)

Louisiana Wholesale Drug Co  – Amici file briefs supporting certiorari in K-Dur case (Patent Docs)

Louisiana Wholesale Drug Co  – Generic Pharmaceutical Association files amicus brief in K-Dur case (Patent Docs)

Merck Sharpe & Dohme – Merck files patent infringement suit against Sandoz in response to Para IV challenge concerning ZETIA (ezetimib) (Patent Docs)

Monsanto – Self replicating (and alive) inventions: Supreme Court grants certiorari in Monsanto v. Bowman (Patently-O) (Holman’s Biotech Blog) (Inventive Step)

Motorola Mobility – ALJ Essex grants Motorola’s motion to withdraw complaint against Apple and terminates investigation in its entirety in Certain Wireless Communication Devices (337-TA-856) (ITC 337 Law Blog)

Rates Technology – Pioneering patent troll seeks the Supreme Court’s ear—plus a cool $12 million: Rates Technology says Best Buy broke a deal by challenging its patents (Ars Technica)

Standard Innovation – ALJ Pender grants motion to terminate investigation as to Natural Contours and Lelo Shanghai Trading in Certain Kinesiotherapy Devices (337-TA-823) (ITC 337 Law Blog)


US Copyright

MPAA chief admits: SOPA and PIPA “are dead, they’re not coming back.” (Ars Technica) (EFF)


US Copyright – Lawsuits and strategic steps

Goodwin, Kyle – Megaupload user will get his day in court (EFF)

Google – Google and Association of American Publishers reach an agreement. What about the authors? (IPKat) (IP Watch)

Malibu Media – Judge tells copyright troll to put up or shut up on porn lawsuits – Five “John Does” to act as test defendants in mass infringement lawsuit (Ars Technica)

Megaupload – Judge denies Megaupload’s motion to dismiss, but… leaves door open for motion to dismiss indictment until government finds a way to issue summons (TorrentFreak)

Oracle – Oracle appeals Google patent and copyright non-infringement ruing (Out-Law) (FOSS Patents)

ReDigi – EMI v ReDigi: US digital music resale hearing begins (The 1709 Blog)


US Trade Marks – Decisions

CAFC affirms TTAB: JPK PARIS 75 geographically deceptively misdescriptive of fashion accessories: In re Miracle Tuesday, LLC (TTABlog)

Precedential No. 33: Federal registration defense yields TTAB dismissal of dilution claim: Academy of Motion Picture Arts and Sciences v Alliance of Professionals & Consultants (TTABlog)

%d bloggers like this: