Global Week in Review 17 October 2012 from IP Think Tank

Here is Think IP Strategy’sweekly selection of top intellectual property news breaking in the blogosphere and internet.


Highlights this week included:

CAFC reverses Nexus injunction for lack of a nexus and doubts about infringement: Apple v Samsung (FOSS Patents) (Ars Technica) (Patently-O)

SD New York: Digitizing books is fair use: Authors Guild v HathiTrust (EFF) (Ars Technica)

CAFC to take on software patents… again: CLS Bank v Alice Corp (EFF) (Ars Technica)

The start of compulsory licenses in Indonesia (IP Komodo) (Pharmalot) (IAM)


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

IP strategy changing focus (IP Think Tank)

CETA negotiations continue under cloud of ACTA concerns (Michael Geist)

Civil society network issues proposals on climate change and IPRs (IP Watch)


Global – Trade Marks / Brands / Domain Names

Internet governance world meets in Toronto amid new domains controversy (Michael Geist)

When porn tycoons meet internet sultans: the triple-x saga (IP Osgoode)


Global – Patents

UN agency’s roundtable on wireless patent litigation reflects deep divisions in industry (FOSS Patents)

Panellists: Global health justice needs government commitment, new innovation models (IP Watch)

UN high-level meeting in India on biodiversity addresses access and benefit-sharing (IP Watch)


Global – Copyright

Canada-EU Trade Agreement replicates ACTA’s notorious copyright provisions (EFF)

Three-Step test in copyright negotiations (KEI)

WIPO members meet to advance treaty text on visually impaired (IP Watch)

Pirate Bay moves to the cloud, becomes raid-proof (TorrentFreak)

Artist can’t get pirated music off iTunes, Google and Microsoft stores (TorrentFreak)

File-sharers buy 30% more music than non-P2P peers (TorrentFreak)



Piping up on PAIPO (Afro-IP)



2nd tranche of Raising the Bar draft regulations ( (Patentology)

IP Australia proposal renders innovation patents ‘obsolete’ – IPTA (Patentology)

Access to affordable medicines or new review of pharmaceutical patents (



Court of Appeal Brussels issues preliminary injunction against Eurogenics on basis of Lundbeck’s escitalopram SPC, despite invalidation in earlier proceedings (Kluwer Patent Blog)



BIO travels to Brazil to support the ecosystem of innovation (BIOtechNOW)



Court of Appeal dismisses  Gilead’s  appeal of decision that patent not eligible to be listed on Patent Register against Gilead’s tenofovir / emtricitabine / rilpivirine product, COMPLERA (Beeser)

Canada joins TPP as a second-tier negotiator: entertainment lobby approves, civil society does not (EFF)

Why it’s time for a Canadian digitization strategy based on fair dealing (Michael Geist)

Government study finds CETA drug patent reforms would cost Canadians billions (Michael Geist)

Ontario public school boards preparing to drop Access Copyright next year (Michael Geist)



How to protect your IP from China (Part 4 – China Law Blog) (Part 5 – China Law Blog)

Shanghai Courts adopt new methods to compel compliance of preliminary injunctions in intellectual property infringement disputes (China Law Insight)



Unitary patent court will be trolls’ paradise, warns GSK counsel (IAM)

Max Planck trade mark reform proposals now online (Class 46)

CJEU to rule on the meaning of inactivity: Case C-409/12 Backaldrin Österreich The Kornspitz Company (IPKat)

General Court confirms refusal of CLIMA COMFORT for “insulating materials” T-371/11 (Class 46)



Tribunal de Grande Instance de Paris: Preliminary injunction prohibits Teva Santé from marketing generic irbesartan/ hydrochlorothiazide (HCTZ): Sanofi, Sanofi Pharma Bristol Myers Squibb and Sanofi Aventis France / Teva Santé (The SPC Blog)



Microsoft tells German court it will amend Motorola lawsuit to hold Google Inc. liable (FOSS Patents)

Federal Supreme Court overrules decision of the Federal Patent Court and fully re-established the patent as granted: Agfa v Papier Union (EPLAW)



Sugen’s desperate attempt to save its Sunitinib patent (Spicy IP)

Bayer-Natco decision TRIPS Compliant? (Spicy IP)

‘Xerox’ is not generic…….yet?! – IPAB decision in Himachalapathy v Xerox (Spicy IP)

Delhi High Court passes another interesting order under the 1958 Act on the issues arising between domestic and international proprietors of marks: Exide Industries v Exide Corp. USA (Spicy IP)

Delhi University students protest against copyright aggression against educational institutions and students (Spicy IP)

Delhi High Court seeks to break the myth of ‘breaking sports news’: New Delhi Television Ltd. v. ICC Development (Intl.) Ltd. (Spicy IP)

A test case for India’s new safe harbour provision: AGS Entertainment v. 37 ISPs (Spicy IP)

Roche vs Cipla: A patent disappointment? (Spicy IP)



The start of compulsory licenses in Indonesia (IP Komodo) (Pharmalot) (IAM)

US pressure on Indonesia to improve IPR protection (IP Komodo)



You can’t win ‘em all: Amgen’s successful U.S. patenting strategy results in denial of patent term extension in Israel (America-Israel Patent Law)



New IP court: no sign yet of hoped-for improvements (PatLit)



Social network vKontakte held liable for copyright infringement a second time (IP Watch)



Court of Appeal of Barcelona: Utility model may only be revoked due to lack of inventive activity when at the priority date it would have been “super-evident” to the person skilled in the art (Kluwer Patent Blog)



Apple puts money where its mouth is, pays for Swiss railway clock design – but details of agreement not made public (Ars Technica)



Model provisions for patents in Uganda (Afro-IP)


United States

US General

The proposed “Cloud Computing Act of 2012,” and how internet regulation can go awry (Technology & Marketing Law Blog)

Zynga sues former CityVille exec, accusing him of stealing game ideas (trade secrets) (Ars Technica)


US Patents

USPTO extends first-to-file comment period to November 5, 2012 (PharmaPatents)

Trolls filed 40% of patent infringement lawsuits in 2011 (Ars Technica)

Biotech/pharma patent issuances up, applications down in 2011 (Patent Docs)

Limited scope of the new derivation proceedings (Pharma Patents)

The asymmetric estoppel of business method patent challenges (Patents Post-Grant)

Pay to stay….the game changing impact of business method patent challenges (Patents Post-Grant)

AIA and IP investment: how will things change? (IP finance)

Did the AIA eliminate secret prior art? (Patently-O)

Software patents: 50 years of circuitous artifices (Patently-O)

Myriad’s dangerous patents and their negative impact on women’s health (EFF)

Design patent considerations (Inventive Step)

THOSITA: Obvious to a team having ordinary skill in the art (Patently-O)


US Patents – Decisions

CAFC reverses Nexus injunction for lack of a nexus and doubts about infringement: Apple v Samsung (FOSS Patents) (Ars Technica) (Patently-O)

CAFC affirms denial of request for preliminary injunction related to the sale of Roche’s osteoporosis drug Boniva® (ibandronate): Hoffmann-La Roche v Apotex (Patent Docs)

CAFC clarifies obviousness-type double patenting between products and methods in pemetrexed case: Eli Lilly v Teva (PharmaPatents)

CAFC: Belkin International, Inc. v. Kappos – A cautionary tale in the intricate arena of inter partes re-examination (Intellectual Property Law Blog)

ED Texas: Jury finds patent on “look and feel” for online stores valid, infringed: DDR Holdings v Digital River (Ars Technica)

ITC issues public version of opinion finding no violation of section 337 by MediaTek or Zoran in Certain Integrated Circuits (337-TA-786) brought by Freescale (ITC 337 Law Blog)

ITC: ALJ Bullock issues public version of initial determination finding no section 337 violation by Nintendo in Certain Video Game Systems (337-TA-770) brought by Creative Kingdoms (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Apotex – Apotex Challenge to Alcon Ophthalmic treatment patent among the post-grant filings week of October 8, 2012 (WHDA)

Avanir Pharmaceuticals – Avanir files patent infringement suit against Impax following Para IV challenge concerning Nuedexta (dextromethorphan) (Patent Docs)

Butamax (TM) Advanced Biofuels – Delaware: No disqualification of expert who met with opposing counsel before being retained: Butamax (TM) Advanced Biofuels v Gevo (Docket Report)

Canon – ALJ Shaw grants motion to terminate investigation as to OnlineTechStores in Certain Toner Cartridges (337-TA-829); investigation remains pending against other respondents (ITC 337 Law Blog)

CLS Bank – CAFC to take on software patents… again: CLS Bank v Alice Corp (EFF) (Ars Technica)

E-Contact – ED Texas: Counsel’s access to former client’s “confidential litigation strategies” is insufficient for disqualification: E-Contact Technologies v Apple (Docket Report)

Federal Trade Commission – FTC petitions for certiorari in the Androgel case FTC v. Watson; trying to convince Court that this case, not the K-Dur case, is the right vehicle for consideration of legality vel non of reverse payment settlement agreements (Patent Docs)

Glycobiosciences – Glycobiosciences files for correction of inventorship of patents relating to Fougera’s SOLARAZE (diclofenac) (Patent Docs)

Infineon Technologies – ND California: “Contingent” infringement contentions prohibited: Infineon Technologies v Volterra Semiconductor Corporation (Docket Report)

Innovention Toys – ED Louisiana: Willfulness determination should await jury’s assessment of reasonableness: Innovention Toys v MGA Entertainment (Docket Report)

Louisiana Wholesale Drug Co. – “No-AG” agreements are anticompetitive, says the FTC for a second time: In re Lamictal Direct Purchaser Antitrust Litigation (FDA Law Blog)

Louisiana Wholesale Drug Co. – Amici file briefs supporting certiorari in K-Dur Case – Part II (Patent Docs)

Microsoft – WD Washington: Google opposes fixed license fees for SEPs, insists on percentage of end product price: Microsoft v Motorola (FOSS Patents)

Microsoft – WD Washington denies Motorola motion, will set FRAND terms at Microsoft trial next month: Microsoft v Motorola (FOSS Patents)

Motorola – Google’s Motorola asks Ninth Circuit for rehearing after losing appeal of Microsoft injunction (FOSS Patents)

Nordock – ED Wisconsin: Failure to identify litigation counsel’s opinions on privilege log waives privilege: Nordock v Systems (Docket Report)

Peregrine Semiconductor Corporation – ALJ Essex grants complainant Peregrine’s unopposed motion to withdraw complaint in Certain Radio Frequency Integrated Circuits (337-TA-848) (ITC 337 Law Blog)

Seattle Genetics – Seattle Genetics files for declaratory judgment of non-infringement  in relation to its ADCETRIS (brentuximab vedotin) product: Seattle Genetics v Arizona Technology Enterprises (Patent Docs)

South Alabama Medical Science Foundation – ITC institutes investigation (337-TA-857) regarding Certain Reduced Folate Nutraceutical Products (ITC 337 Law Blog)

Speak For Yourself – App for voice-disabled users reinstated on App Store after patent fight – Companies that sued for infringement end up settling (Ars Technica)

Syncronoss Technologies – New Jersey: Counsel’s past representation of parent warrants disqualification in litigation involving subsidiary: Syncronoss Technologies v Asurion Mobile Applications (Docket Report)

Technology Properties – ALJ Essex grants motion to terminate investigation as to Sabrent in Certain Computers and Computer Peripheral Devices (337-TA-841); investigation remains pending against other respondents  (ITC 337 Law Blog)

Tessera – ALJ Essex grants-in-part motion for summary determination of bond forfeiture in Certain Semiconductor Chips With Minimized Chip Package Size (337-TA-605) (ITC 337 Law Blog)

Vringo – Investors seek billion-dollar payday as Vringo v. Google trial begins – Vringo acquired search-related patents once owned by Lycos, targeted Google (Ars Technica)


US Copyright

AT&T starts six-strikes anti-piracy plan next month, will block websites (TorrentFreak)


US Copyright – Decisions

SD New York: Digitizing books is fair use: Authors Guild v HathiTrust (EFF) (Ars Technica)


US Copyright – Lawsuits and strategic steps

Pearson – DMCA notice forces 1.45 million education blogs offline (TorrentFreak) (Ars Technica)


US Trademarks

Another banner year for trademarks (Director’s Forum)


US Trade Marks – Decisions

TTAB precedential no. 34: Section 66(a) registration may be cancelled under section 14 even if I.R. still viable: SaddleSprings v Mad Croc Brands (TTABlog)


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