Site icon Duncan Bucknell

Global Week in Review 24 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:

Australian government announces review into pharmaceutical patents (IP Whiteboard) (Patentology) (The SPC Blog)

Brazilian press to Google News: pay up or leave our content alone (Ars Technica) (The 1709 Blog) (Out-Law)

French media to Google: pay us for news searches – Google tells government it would rather cut off French media sites (Ars Technica) (The 1709 Blog) (Out-Law)

EWCA upholds non-infringement finding and publicity order over Samsung Galaxy Tab: Samsung v Apple (FOSS Patents) (Ars Technica) (Maier & Maier) (Class 99) (Patently-O)


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

Civil society urges World Trade Organization to give the poorest countries in the world more time to implement TRIPS (EFF)


Global – Trade Marks / Brands / Domain Names

ICANN consultation on post-expiration domain name recovery policy (IPKat)

Governments weigh options on new top-level domains at ICANN (IP Watch)

Honduras requests WTO Panel on Australia tobacco law (IP Watch)


Global – Patents

Improving global affordability of HIV/AIDS drugs through technology innovation (Profitability Through Simplicity)

Samsung and Teva each pause rituximab biosimilar development (Scott Beeser’s Pharma & Biotech Blog)

USPTO and EPO announce launch of cooperative patent classification system (Patent Docs)

UN: Governments to double biodiversity funding, push access/benefit-sharing (IP Watch)


Global – Copyright

WIPO members inch toward visually impaired treaty (IP Watch)

Pirate Bay ditches its servers, sets sail for the cloud (Ars Technica)



Compulsory licenses for emergency drugs for developing countries – IP Australia releases “Exposure Draft” of Intellectual Property Laws Amendment Bill 2012 (IP Whiteboard)

Government announces review into pharmaceutical patents (IP Whiteboard) (Patentology) (The SPC Blog)

Trade marks, un-parallel imports and the emerging concept of use as a trade mark – FCAFC decision in Paul’s Retail v Lonsdale Australia (

Surplus stupidity puts Australia’s future at risk (Patentology)



Brazilian press to Google News: pay up or leave our content alone (Ars Technica) (The 1709 Blog) (Out-Law)



The $2 billion Big Pharma giveaway in CETA: Can the government ignore its own internal analysis? (Michael Geist)



What has been the impact of the Trademark Law on trademark litigation (China IPR)

Foreign IP litigation in China: how important is it? (China IPR)

Judicial trends in Beijing … and countercyclical trends (China IPR)



EWHC refers Swiss/Liechtenstein questions to the CJEU: AstraZeneca v Comptroller-General (gefitinib) (The SPC Blog) (EPLAW) (IPKat)

CJEU: Football Dataco v Sportradar – the transmission theory may apply… (The 1709 Blog) (IPKat)

CJEU: Elenca srl v Ministero dell’Interno – Now you CE it, now you don’t (IPKat)

The unitary patent package: Max Planck publishes 12 reasons for concern (EPLAW) (PatLit) (IPKat)

Common logo for legal online pharma traders: consultation launched (Class 46) (IPKat)

General Court dismisses action against OHIM decision finding no likelihood of confusion between MISS H (figurative) and MISS B marks for simlar or identical goods (Class 46)



Netflix caught using “pirated” subtitles in Finland (TorrentFreak)



French media to Google: pay us for news searches – Google tells government it would rather cut off French media sites (Ars Technica) (The 1709 Blog) (Out-Law)

Civil liability because of the enforcement of a preliminary injunction: the priority question on constitutionality: Laboratoires Negma v Biogaran (diacetylrhein) (Kluwer Patent Blog)



Microsoft withdraws request for German preliminary injunction against Motorola RAZR (FOSS Patents)

Validity of sublicence upon lapse of principal licence: Take Five; M2Trade (The 1709 Blog)



Mapping out the future of Indian copyright societies (Spicy IP)

The ‘Register of Owners’ for future copyright societies – will the Registrar of Copyrights get it right 16 years later? (Spicy IP)

Bata sho(o)ed out of Court – No defamation says Delhi HC (Spicy IP)



Government expropriation of patents – more drugs to combat HIV/AIDS and Hep B in Indonesia (IP Whiteboard)



Pirate Bay censored in Ireland after mysterious court order (TorrentFreak)



Circadin (melatonin) receives patent term extension in Israel after all (The IP Factor)

Israel Patent Agency publishes proposed 3rd Amendment to the Trademark Regulations (The IP Factor)

Israel and the Patent Prosecution Highway (The IP Factor)

Israel newspaper receives damages for acredited references to another (The IP Factor)



Latanoprost – Administrative Court reverses Italian Antitrust Authority’s decision that Pfizer abused its dominant position (Kluwer Patent Blog)



Japanese court rejects two of Samsung’s patent infringement claims against Apple (FOSS Patents)



Copyright registration in Malaysia (Class 99)


New Zealand

Accused student prevails in first “three strikes” copyright case (Ars Technica) (TorrentFreak)



INDECOPI signs IP cooperation agreements with China, Mexico and Chile (IP tango)



Philippines fake goods data (IP Komodo)



A new way to solve patent disputes in Asia – IPOS currently rolling out a new service as part of its offering at the Arbitration and Mediation Centre (IAM)



Supreme Court clarifies the date on which European patents should be considered effective in Spain: ROS Roca v Envac Centralsug (EPLAW)



Federal Administrative Court: SAVANNAH is for vegetation, not the town (Class 46)



Thailand and cigarette branding (IP Komodo)


United Kingdom

EWCA affirms obviousness of antibody phage display method patent in ranibizumab case between MedImmune and Novartis (Scott Beeser’s Pharma & Biotech Blog)

EWCA upholds non-infringement finding and publicity order over Samsung Galaxy Tab: Samsung v Apple (FOSS Patents) (Ars Technica) (Maier & Maier) (Class 99) (Patently-O)

EWHC (Ch): Former Sky employee was guilty of database rights infringement for supply of customer data to rival: British Sky Broadcasting & Ors v Digital Satellite & Ors (Out-Law)

SPCs and Directive 2001/83-compliant authorisations: a comment on AstraZeneca v Comptroller-General of Patents (gefitinib) (The SPC Blog)

BPI asks UK ISPs to block more major torrent sites (TorrentFreak) (Out-Law)


United States

US Patents

USPTO harmonizes professional conduct rules (Director’s Forum) (Pharma Patents) (Patents Post-Grant) (Patently-O)

USPTO reopens the first-inventor-to-file comment period (Patently-O)

Citing references at the PTO (Patently-O)

PTAB backlog: Over the hump! (Patently-O)

USPTO expands patent prosecution highway (Patent Docs)

Patent pro bono (Patently-O)


US Patents – Decisions

CAFC finds Treximet patents non-obvious and infringed: Pozen v Par Pharmaceutical (Pharma Patents)

CAFC contemplates de novo review of USPTO claim constructions: Flo Healthcare v Kappos (Patents Post-Grant) (Patently-O)

CAFC: Technology Patents LLC v T-Mobile (UK) Ltd (Patently-O)

ND California: Inventor was not diligent in reducing invention to practice by prioritizing other work ahead of patent application: Illumina v Complete Genomics (Docket Report)

SD New York: Hatch-Waxman liability may apply to entities involved in ANDA preparation: Purdue Pharma et al v Varam et al (Docket Report)

ITC issues remedies and notice of final determination finding violation in Certain Lighting Control Devices (337-TA-776) brought by Lutron (ITC 337 Law Blog)

ITC: ALJ Essex issues notice of initial determination of no violation by LG in Certain Devices For Improving Uniformity Used In A Backlight Module (337-TA-805) brought by the Industrial Technology Research Institute (ITC 337 Law Blog)

Two recent 101 cases at the PTAB: Ex parte Thomsen; Ex parte Battles (Patently-O)


US Patents – Lawsuits and strategic steps

Apple – Patent office tentatively invalidates Apple’s rubber-banding patent used in Samsung ND California trial (FOSS Patents) (Ars Technica)

Apple – ND California: Apple blasts Samsung’s post-trial “attack on the jury” as weak, unfounded (Ars Technica)

Apple – ND California: In post-trial battles with Samsung, Apple fights to keep documents sealed (Ars Technica)

Audiovisual Components – ITC: Excessive number of alleged prior art references warrants “biweekly declarations” detailing efforts to reduce number of references 337-TA-837 (Docket Report)

Compound Photonics – ALJ Rogers grants motion to terminate investigation in Certain Projectors with Controlled-Angle Optical Retarders (337-TA-815) (ITC 337 Law Blog)

Eisai R & D Management Co – Eisai R & D files for review of patent term adjustment calculation for patent entitled “Fused Aminodihydrothiazine Derviatives” (Patent Docs)

Medtronic – En banc question: Who proves (non)infringement when licensee challenges patent: Medtronic v Boston Scientific & Mirowski Family Ventures (Patently-O)

Momenta – Rehearing sought in Hatch-Waxman “safe harbor” case; plaintiffs-appellees contend that the CAFC’s panel decision expands “safe harbor” into “safe ocean”: Momenta v Amphastar (FDA Law Blog)

Monsanto – Monsanto’s attack on two Pioneer Hi-Bred patents among the post-grant challenges filed week of October 15, 2012 (WHDA)

Monsanto – Supreme Court grant certiorari in Monsanto v. Bowman (Patent Docs)

Nokia – Nokia withdraws one patent from ITC complaint, HTC wants another one referred to arbitration (FOSS Patents)

Phil-Insul – Neveada: Plaintiff’s delay in enforcing patent rights against competitor warrants stay pending reexam: Phil-Insul v Airlite Plastics (Docket Report)

Professional Drug Co – FTC moves as amicus in In re Effexor Antitrust Litigation and gets its (well-earned) comeuppance (Patent Docs)

Purdue Pharma – Purdue files patent infringement suit against Sandoz in response to Para IV challenge (Patent Docs)

Realtek Semiconductor – ITC institutes investigation (337-TA-859) regarding Certain Integrated Circuit Chips (ITC 337 Law Blog)

Samsung – ITC: U.S. Department of Justice investigating Samsung’s use of standard-essential patents against Apple (FOSS Patents)

Unwired Planet – ALJ Gildea denies joint request for initial determination of no violation, but terminates investigation based on withdrawal of complaint in Certain Devices for Mobile Data Communication (337-TA-809) (ITC 337 Law Blog)

VirnetX – ITC institutes investigation (337-TA-858) regarding Certain Devices With Secure Communications Capabilities (ITC 337 Law Blog)

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


US Copyright

“Six strikes” system goes live this fall, appeals to cost $35 (Ars Technica)

Six-strikes “independent expert” is RIAA’s former lobbying firm (TorrentFreak)


US Copyright – Decisions

CD California: Heirs of Superman artist can’t reclaim their copyright: DC Comics v Pacific Pictures Corp et al (Ars Technica)

CD California: Case concerning use of Einstein’s likeness dismissed without trial: Hebrew University v General Motors (The IP Factor)


US Copyright – Lawsuits and strategic steps

Garcia, Cindy Lee – Garcia v Nakoula, Google, YouTube and 200 others: Is an actor an author? (IPKat)

Goodwin, Kyle – Megaupload user seeks to unseal documents relating to data seizure (EFF) (Ars Technica)


US Trademarks

It’s not easy being green: FTC cautions marketers about “eco-friendly” brand claims (The Brand Protection Blog)


US Trade Marks – Decisions

TTAB affirms refusal to register handwheel design feature due to lack of acquired distinctiveness: In re Elesa (TTABlog)

TTAB says “hasta la vista” to GRUPO PEGASSO fraud claim: O.T.H. Enterprises v Federico Estevan Vasquez (TTABlog)

TTAB finds CURVEE, CURVEY, and CURVEEY merely descriptive and confusable with CURVY, all for clothing: In re Apparel (TTABlog)

Exit mobile version