Global Week in Review 15 August 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:

Google to drop search rankings of sites with many takedown notices (Ars Technica) (Out-Law) (Spicy IP) (The 1709 Blog) (TorrentFreak)


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

The greatest overlooked risk in IP strategy (

New book coming – 50 intellectual property mistakes and how to fix them (IP Think Tank)

Using your assets strategically (

Ships-of-the-line (IP Think Tank)

White flag (IP Think Tank)

Employee compensation incentives for patents (only): Does it make sense? (IPKat)


Global – Patents

Rating inventions and patents (

Visualizing invention (

Eight Species of Patent Strategy – Part 2 Five levels of IP management and how intellectual property management develops from stage 1 to stage 2 (

Google’s Motorola Mobility lays off thousands, scrambles to salvage patent litigation strategy (FOSS Patents)

Courts in Korea and Germany postpone decisions on three lawsuits involving Apple (FOSS Patents)

Google changes the game again–this time for patent owners and those who serve them – new prior art searching tool (IP Asset Maximizer Blog) (Patently-O)

Patents–Who needs them? Not most startup entrepreneurs. (IP Asset Maximizer Blog)

HTC share price collapse (IP finance)


Global – Copyright

Google to drop search rankings of sites with many takedown notices (Ars Technica) (Out-Law) (Spicy IP) (The 1709 Blog) (TorrentFreak)

Links to YouTube and other popular sites will not be impacted by new policy on search engine rankings demotion, Google suggests (Out-Law)

ISP sources defend USTR proposals in TPP on copyright limitations: undermine opposition to USTR proposal (KEI)

All nations lose with TPP’s expansion of copyright terms (EFF)

Is there ANY part of the copyright monopoly that meets legislative quality bars? (TorrentFreak)



Compulsory licensing inquiry – Issues paper released (Patentology)

Liability for user generated content on Facebook – Advertising Standards Board decides case involving Smirnoff (IP Whiteboard)



CETA talks – Billions at stake if Canada caves on drug patent demands (Michael Geist)

CETA update – Political decision on pharma patents in the Fall (Michael Geist)

CETA update – ACTA provisions are still very much alive (Michael Geist)



No pre-emptive CJEU reference but Neutrokine α might still get to CJEU (The SPC Blog)

European Patent Office – Practice to correct text of granted patents has to cease (EPLAW)

EPO TBoA revokes Novzymes’ patent concerning animal feed production process in  Novozymes v DANISCO (IPKat)

IKEA: a trademark officially worth 9 billion Euro (Class 46)

OHIM BoA: Franz Keil GmbH & Co’s figurative KIEL trademark survives, not a geographical reference (Class 46)



Microsoft keeps pushing for a third German injunction against Google’s Motorola Mobility (FOSS Patents)



Airtel pays penalty for indiscriminate blocking – ISPs stuck between rock and a hard place? (Spicy IP)

Traditional medicines, clinical trials and re-entry of data exclusivity? (Spicy IP)



Israel Patent Agency publishes report on activity in 2011 (The IP Factor)



District Court of Turin rejects Merck’s requests for preliminary injunction against Sandoz, finding prima facie lack of inventive step for claimed co-formulation of dorzolamid and timolol (Kluwer Patent Blog)



District Court of The Hague declares itself incompetent to rule on Philips’ contract law claims based on it’s initial launch of proceedings in Poland: Philips v Digipres (EPLAW)



Singapore’s plan to be the regional IP centre in Asia (


United Kingdom

Benlysta (Belimumab) – EWHC (Pat): Lilly’s claim for declaratory relief upheld but stayed until conclusion of validity proceedings: Eli Lilly v Human Genome Sciences (EPLAW)

Facts vs formalism – protecting descriptive and allusive terms: Geolabs v Geo Laboratories and Edwards and Fine & Country Ltd & Ors v Okotoks Ltd & Anor (IPKat)

Hadopi “failure” a warning for the UK? (The 1709 Blog)


United States

US General

Running into a glass door (or window); a problem with the new “window ANDA” forfeiture provision (FDA Law Blog)

FDA rescinds orphan drug exclusivity for Wilate; a first-of-its-kind decision (FDA Law Blog)


US Patents

AIA shifts USPTO focus from inventors to patent owners (Patently-O)

First to file practice: grace period non-inventor disclosures (Pharma Patents)

An overview of the final patent reform rules packages effective September 16, 2012 (Pharma Patents)

USPTO issues final rule to implement miscellaneous post patent provisions of AIA (Patent Docs)

Supplemental examination final rules (Patently-O)

Post grant estoppel to shut down some patent reexaminations (Patents Post-Grant)

The proposed Saving High-Tech Innovators from Egregious Legal Disputes (SHIELD) Act (Maier & Maier) (Patently-O)

“No” to software patents per se: software is only a means to an end. (Patently-O)

Why isn’t patent law as straightforward as real estate law?: Maybe it is (Patently-O)


US Patents – Decisions

Patanol (Olopatadine) – CAFC: uses dependent claims to construe “therapeutically effective amount”: Alcon Research v Apotex (Pharma Patents) (Patent Docs)

Lovenox (Enoxeparin) – CAFC continues to be split over scope of 271(e)(1) safe harbor: Momenta v Amphastar (Orange Book Blog) (Patent Docs) (Patent Docs)

Suffolk Technologies – Challenge to Suffolk Technologies “snippet” internet search patent among the reexamination requests filed week of August 3, 2012 (WHDA)

CAFC avoids determining propriety of third party declaration practice in inter partes patent reexamination: Lingamfelter v Kappos (Patents Post-Grant)

CAFC: Walter Beineke not entitled to patent for two strains of white oak tree under Plant Patent Act of 1930: In re Beineke (Patent Docs)

Prandin (Repaglinide) – CAFC has final say in Novo Nordisk v Caraco (Pharma Patents)

ND California: RIM’s $147 million patent penalty wiped out – Judge overturns jury finding that BlackBerry infringes device management patent (Ars Technica)

CD California: Cross-licenses and outbound agreements concerning accused technology deemed discoverable: Richard A Williamson v Citrix Online et al (Docket Report)

SD New York: Losing plaintiff’s failure to perform pre-filing investigation supports award of attorney fees: Lyda v Fremantlemedia North America (Docket Report)

WD Wisconsin grants Apple partial summary judgment on FRAND contract issues in Apple v Motorola (FOSS Patents)

Non-public litigation: The hidden story of Monsanto v DuPont (Patently-O)


US Patents – Lawsuits and strategic steps

Apple – Apple v Samsung: Apple appeals Judge Koh’s orders to make certain business information public (FOSS Patents)

Apple – Apple v Samsung: Copying and misconduct at heart of Apple’s and Samsung’s disagreement on jury instructions (FOSS Patents)

Apple – Apple v Samsung: Apple wins exclusion of president of Samsung Telecommunications America as witness (FOSS Patents)

Apple – Apple v Samsung: Judge is tired of Apple-Samsung blame game, orders lawyers to meet in person this Sunday (FOSS Patents)

Apple – Apple v Samsung: What Apple’s 2010 $30-per-unit licensing proposal to Samsung means for Android in 2012 and beyond (FOSS Patents)

Apple – Apple v Samsung: Fox News commentator concedes representing Samsung prior to district bar admission (FOSS Patents)

Astrazeneca – Astrazeneca files patent infringement suit against Amneal in response to Para IV challenge regarding Seroquel (Quetiapine) (Patent Docs)

Cumberland Pharmaceuticals – Cumberland files patent infringement suit against Perrigo in response to Para IV challenge concerning Acetadote (N-acetylcysteine) (Patent Docs)

Freescale Semiconductor – ALJ Essex stays investigation in Certain Integrated Circuits (337-TA-822) (ITC 337 Law Blog)

Joao Control and Monitoring Systems of California – Sale of software does not establish direction or control of customer sufficient to support direct infringement claim: Joao Control and Monitoring Systems of California LLC v Sling Media (Docket Report)

Millenium Pharmaceuticals – Millenium files patent infringement suit against Sandoz in response to Para IV challenge concerning Velcade (Bortezomib) (Patent Docs)

Neptun Light – ALJ Pender denies motion for non-monetary sanctions in Certain Dimmable Compact Fluorescent Bulbs (337-TA-830) (ITC 337 Law Blog)

Nokia – ALJ Pender denies Google request to intervene in Certain Electronic Devices, Including Mobile Phones And Tablet Computers (337-TA-847) (ITC 337 Law Blog)

Nycomed – Nycomed files patent infringement suit against Apotex in response to Para IV challenge concerning Omnaris (Clesonide) (Patent Docs)

Soverain Software – Online shopping cart did not implicate divided infringement because web pags contained embedded programming and did not require a user to download or install software: Soverain Software v JC Penney Corporation (Docket Report)

Standard Innovation – ALJ Pender grants motion to terminate in Certain Kinesiotherapy Devices (337-TA-823) (ITC 337 Law Blog)

Technology Properties – TP asserts three patents against Nintendo in connection with its DSi product (Patent Arcade)

VirnetX – Apple sanctioned for “impeding and frustrating” deposition of engineer: VirnetX v Cisco Systems (Docket Report)


US Copyright

Copyright exception for U.S. libraries and archives when works not available at reasonable price (KEI)

Efficiency tests delay U.S. “six strikes” anti-piracy scheme (TorrentFreak)


US Copyright – Lawsuits and strategic steps

AF Holdings – Judge sides with porn P2P plaintiff, setting up legal showdown – Appeals court to decide if rightsholders can subpoena 1,058 people in one case (Ars Technica)

Discount Video Center – All subpoenas quashed in Discount Video Center v Does 1-29 (Recording Industry vs The People)

LendInk – Content industry war on sharing claims another victim – LendInk shuts down due legal threats (EFF)

LightSpeed Media – Porn copyright troll sues AT&T and Comcast, says they side with pirates (Ars Technica)

Megaupload – FBI monitored dotcom raid via live video link, secret govt group involved (TorrentFreak)

O’Dwyer, Richard – TVShack staff in U.S. worked with Feds to nail Richard O’Dwyer (TorrentFreak)

Oracle – Judge Alsup tries to out the shills in Oracle v Google (Technology & Marketing Law Blog)


US Trade Marks – Decisions

Precedential No. 27: Adding a question mark to GOT STRAPS materially alters the mark, says TTAB: In re Guitar Straps Online, LLC (TTABlog)

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