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Global Week in Review 22 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:

CAFC confirms patent eligibility of isolated DNA: AMP v. USPTO (Patent Docs) (BIOtechNOW) (PharmaPatents) (Patent Docs) (Holman’s Biotech IP Blog) (Kluwer Patent Blog) (Out-Law) (IP Watch) (KEI) (Inventive Step) (Patently-O) (Patently-O)

Australia’s planned plain packaging tobacco law does not violate IP rights, High Court rules (Out-Law) (IP Watch)

UK: Anton Vickerman jailed for four years for linking to pirated content hosted elsewhere on the internet (Out-Law) (IPKat) (The 1709 Blog)


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 story behind The Defense of the Mieza HChip (IP Think Tank)

WIPO publishes 2012 Global Innovation Index (Ocean Tomo Insights)

Push for 12-year biologics exclusivity in TPP Agreement continues as the next round of negotiations approaches (FDA Law Blog)

Islamic law: intangible assets and intellectual property (Business IP and Intangible Asset Blog)


Global – Trade Marks / Brands

Generic TLDs and the legal rights objection (Class 46)

Domain names, bad faith and the borders of parody – WIPO Arbitration and Mediation Center considers Greenpeace’s use of Neste Oil’s name in campaign against the oil refining company’s practises (IPKat)


Global – Patents

Rivals Apple, Google, Samsung reportedly team up to buy Kodak patents – but Kodak wants more than the coalition are offering (Ars Technica) (FOSS Patents)

Why would Google and Apple be allowed to depress the sales value of the Kodak patents (IAM)

Three days after suing Apple, Google says patent wars hurt consumers (Ars Technica)

So which is it for a start-up: a patent or a proto-type? (IP finance)

Analysing the role of NPEs in the patent system (Patently-O)


Global – Copyright

Pirate Bay and isoHunt respond to Google search result punishment (TorrentFreak)



Intellectual Property Laws Amendment Bill 2012 Exposure Draft released by IP Australia (

Intellectual Property Laws Amendment Bill 2012 Exposure Draft – Pharmaceutical compulsory licences to assist developing nations (Patentology)

Australia’s planned plain packaging tobacco law does not violate IP rights, High Court rules (Out-Law)

WHO hopes for “domino effect” of Australian ruling in favour of tobacco plain packaging (IP Watch)

Patent Office allows declaratory evidence in re-examination: Alza Corporation (Patentology)

Copyright and the digital economy – Issue paper released by ALRC (IP Whiteboard) (



British attaché to help boost IP exploitation in Brazil (IP tango)



Why the end of Access Copyright K-12 licensing for is not the end of payment for educational copying (Michael Geist)

FCA: Monsanto v Schmeiser does not indicate SCC departure from existing precedents: but-for causation still required for contributory infringement: Nycomed v Teva (IP Osgoode)

The impact of free music downloads on the purchase of music CDs in Canada (IP Osgoode)



Tax considerations for IP transfer (China Law Insight)

China becomes second BRIC to embrace green patents as SIPO launches fast track (Green Patent Blog)



Is the EPO changing Its stance on personalised medicine inventions? (IPKat)

Chinese crayfish gain GI protection in the EU (Class 46)

European business still investing happily in R&D — but not in pharma (IP finance)

The Proposed Unified Patent Court for Europe: conditio sine qua non for a Unitary Patent or unavailing venture into the unknown? (Patently-O)



Nokia’s patent enforcement campaign off to a good start: first hearing on German RIM lawsuit (FOSS Patents)

Düsseldorf District Court follows Pipettensystem finding no indirect infringement arising from third party coffee pods compatible with Nespresso machines : Nestec v Ethical Coffee Company (EPLAW)

Can this really be true? Patents for TV programme formats … (IPKat)

More on file sharing – German ISPs must disclose file sharer details (The 1709 Blog)

Düsseldorfer Mostert gets GI protection (Class 46)


Gulf Cooperation Council

Gulf Co-operation Council Patent Office statistics (NIPC)



Novartis at India Supreme Court challenging refusal of Glivec patent – Evergreening myths and patent reality (BIOtechNOW)

MSF: India’s Bayer-Natco compulsory licence case set for 3 Sept. (IP Watch)

Copyright in advertising slogans?: Godfrey Phillips India Ltd. v Dharampal Satyapal Ltd. & Another (Spicy IP)

Miscredited authorship violates moral rights of authors says Delhi High Court (Spicy IP)



Japan’s copyright problems: national policies, ACTA, and TPP in the horizon (EFF)



District Court of The Hague orders preliminary injunction against Sandoz based on Lundbeck’s escitalopram patent (EPLAW)

District Court The Hague awards preliminary injunction against Teva in Boehringer v Teva (Nevaripin) (EPLAW)


New Zealand

Kim Dotcom must be allowed to see FBI evidence against him, court rules (TorrentFreak) (Ars Technica)



Russian competition authority protects Red October mark (Class 46)


South Africa

Health advocates eye proposed changes to patent law in South Africa (IP Watch)



Pirate Bay founder appeals passport revocation (TorrentFreak)



Swiss Supreme Court cancels LEGO’s 3D trade mark (Class 46)



Arguments over a data exclusivity regime in Thailand (IP Komodo)


United Kingdom

UK design legislation amendment – Unintentional infringement may cost you a little more… (Class 99)

Anton Vickerman jailed for four years for linking to pirated content hosted elsewhere on the internet (Out-Law) (IPKat) (The 1709 Blog)

More on television formats – CBS drops claim that ABC’s ‘Glass House’ television series copies its ‘Big Brother’ series (The 1709 Blog)


United States

US General

FDA is sued again over pre-MMA 180-day exclusivity; this time the drug is generic Actos (Pioglitazone HCI) (FDA Law Blog)


US Patents

Patent reexamination surge headed to USPTO (Patents Post-Grant)

First to file practice: Grace period shielding disclosures (PharmaPatents)

USPTO issues several final rules for implementing AIA provisions (Patent Docs)

USPTO changes post-notice of appeal patent term adjustment rules (PharmaPatents)

New USPTO satellite offices target centers of innovation (Intellectual Property Law Blog)

What to do when an applicant’s entity status changes during prosecution (Patentably Defined)

AIA practice tips: using new inventor declaration forms (Patently-O)

Why Samsung’s great contributions to smartphone innovation don’t give it much leverage in court (FOSS Patents)

Some courts stay infringement actions even where parties are direct competitors (WHDA)


US Patents – Decisions

CAFC confirms patent eligibility of isolated DNA: AMP v. USPTO (Patent Docs) (BIOtechNOW) (PharmaPatents) (Patent Docs) (Holman’s Biotech IP Blog) (Kluwer Patent Blog) (Out-Law) (IP Watch) (KEI) (Inventive Step) (Patently-O) (Patently-O)

CAFC increases burden on proving patentability created by prior art references for patent applicants: In re Antor Media Corp (Patent Docs)

CAFC: Logical conclusion?: Claimed open-ended ranges lack enablement: Magsil Corp. and MIT v Hitachi (Patently-O)

CAFC: Meyer v. Bodum: A waste of public and private resources? (Patently-O)

Recent CAFC nonobviousness opinions: Kinetic Concepts, Inc. v. Smith & Nephew, Inc. (Patently-O)

Recent CAFC nonobviousness opinions: Alcon v. Apotex (Patently-O)

CAFC declines to adopt test for patent eligibility set forth in CLS Bank: Bancorp Services v Sun Life Assurance (Intellectual Property Law Blog)

Arizona: Seven month delay investigating infringement allegations followed by “infinitesimal change” to accused product support enhanced damages and attorney fees: Integrated Technology Corporation v Rudolph Technologies (Docket Report)

ED Texas: Under Therasense, failure to disclose non-enabling reference was not material misrepresentation sufficient to support inequitable conduct defense: Golden Hour Data Syetsms v emsCharts (Docket Report)

ITC issues public version of opinion in Certain Mobile Telephones And Wireless Communication Devices Featuring Digital Cameras (337-TA-703) brought by Kodak against Apple and RIM (ITC 337 Law Blog)

ITC: ALJ Shaw issues recommended determination on remedy and bonding in Certain Light-Emitting Diodes (337-TA-784) brought by OSRAM against LG (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Anu IP – ALJ Pender Grants motions to terminate investigation in Certain Electronic Devices Having A Retractable USB Connector (337-TA-843) based on settlement between Anu and Emtec (ITC 337 Law Blog)

Apple – ALJ Gildea rules on HTC motions in Certain Portable Electronic Devices (337-TA-797) (ITC 337 Law Blog)

Apple – Apple and Google’s Motorola Mobility disagree on implications of Wisconsin FRAND ruling for ITC case (FOSS Patents)

Apple – Apple v Samsung: Judge orders adverse inference instruction against Apple and Samsung, but they prefer none at all (FOSS Patents)

Apple – Apple v Samsung: Apple and Samsung can’t agree on settlement or narrowing of claims – jury will be confused (FOSS Patents)

Apple – Apple v. Samsung lawyers wage final battles over complex, 22-page jury form – Small victory for Samsung: jury won’t hear about e-mails being tossed out (Ars Technica) (FOSS Patents)

Apple – Apple v Samsung: Apple attacks Samsung for asserting standards-essential patents (Ars Technica)

Apple – Apple v Samsung: Samsung rests its case, out of time; no sympathy from the judge (Ars Technica)

Bayer Intellectual Property – Bayer IP files patent infringement suit against Warner Chilcott over its Lo Loestrin (Norethindrone, Ethinyl estradiol) product (Patent Docs)

BriarTek – BriarTek files new 337 complaint regarding Certain Two-Way Global Satellite Communication Devices against Delorme Publishing (ITC 337 Law Blog)

GeoTag – Appointment of lead defendant to “brief and argue” claim construction on behalf of all consolidated defendants does not violate due process: GeoTag v Circle K Stores (Docket Report)

Janssen Pharmaceuticals – Janssen files patent infringement complaint against Glenmark in response to Para IV challenge (Patent Docs)

Luitpold Pharmaceuticals – Luitpold files patent infringement complaint against Amneal in response to Para IV challenge concerning Sprix (Ketorolac) (Patent Docs)

Motorola – Motorola brings its first patent suit against Apple as a Google subsidiary – seeks import ban from ITC in relation to iPhone, iPad and iPod touch (Ars Technica) (FOSS Patents) (FOSS Patents) (ITC 337 Law Blog)

Motorola Mobility – Motorola Mobility seeks reexamination of two Intellectual Ventures portable computer patents, week of August 13, 2012 (WHDA)

Neptun Light – ALJ Pender grants motion to terminate investigation in Certain Dimmable Compact Fluorescent Lamps (337-TA-830) based on withdrawal of complaint (ITC 337 Law Blog)

Norman IP – Multi-defendant case severed per AIA (§ 299), but consolidated for pre-trial with venue issues delayed until after claim construction: Norman IP Holdings v Lexmark International (Docket Report)

Richtek – ITC to review enforcement initial determination in Certain DC-DC Controllers (337-TA-698) (ITC 337 Law Blog)

Samsung – ALJ Gildea denies Samsung’s motions for summary determination in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794) against Apple (ITC 337 Law Blog)

Samsung – ALJ Rogers grants motion to terminate investigation in Certain Light-Emitting Diodes (337-TA-798) based on settlement between Samsung and OSRAM (ITC 337 Law Blog)

Samsung – Samsung turns tables on Apple, demands $400M for its own patents (Ars Technica)

Smith & Nephew – Evidence of re-examination not relevant for jury trial on infringement: Smith & Nephew v Interlace Medical (Docket Report)

Walker Digital – ALJ Gildea grants motion to terminate investigation as to Onkyo in Certain Blu-Ray Disc Players (337-TA-824) (ITC 337 Law Blog)


US Copyright

EFF tells Obama’s IP Czar to stand up for Internet users (EFF)


US Copyright – Decisions

9th Circuit Court of Appeals: Tabloid publication of stolen photos is not “fair use”: Monge v Maya Magazines (IPKat)


US Copyright – Lawsuits and strategic steps

Beastie Boys – Beastie Boys and Yaunch estate suing Monster Energy Drink for unauthorised use of their music (IP Whiteboard)

Electronic Arts – EA accuses Zynga’s ‘The Ville’ game of infringing copyright in ‘The Sims Social’ (Patent Arcade)

Oracle – Judge Alsup tells Google to try harder with its shill disclosure (Technology & Marketing Law Blog)

Oracle – Oracle and Google make unenlightening disclosures of their “shills” (Technology & Marketing Law Blog) (Ars Technica) (Ars Technica)


US Trademarks

USPTO seeks comments on raising fees to incentivize electronic TM filings (TTABlog)

USPTO requests comments on proposal to require earlier filing of first section 8 declaration (TTABlog)


US Trade Marks – Decisions

CAFC reverses TTAB, finds two “SNAP’ marks merely descriptive of syringes: DuoPross Meditech Corporation v Inviro Medical Devices (TTABlog)

ED Virginia affirms TTAB dismissal of SWATCH opposition versus SWAP: Swatch v Beehive Wholesale (TTABlog)

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