Global Week in Review 28 Nov 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:

USPTO Director Kappos to depart in January (IP Watch) (KEI) (IAM) (Inventive Step) (Patently-O)

EU patent, Patent Court could finally be approved in coming weeks (IP Watch) (EPLAW) (K/S/N/H::Law 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

A historical look at open innovation (IPKat)


Global – Trade Marks / Brands / Domain Names

The Trademark Clearinghouse and new gtlds – ICANN update (IPKat)


Global – Patents

Building fast track harmony: a proposal for a global green patent highway (Green Patent Blog)

WHO denies industry money unduly influencing noncommunicable disease fight (IP Watch)

Wellcome Trust tells WHO it opposes R&D Treaty and the de-linkage of R&D costs from drug prices (KEI)

The ‘access to medicines’ debate: throwing patients without cures under the proverbial bus (BIOtechNOW)

Soft stance on patents would cost Apple’s shareholders hundreds of billions of dollars (FOSS Patents)

Patent deals will exacerbate Android fragmentation unless Google secures global licenses (FOSS Patents)


Global – Copyright

Building an innovation-based economy with Creative Commons (Creative Commons)

WIPO Committee finishes a step closer to Treaty For Visually Impaired (IP Watch) (EFF)

Canada set to endorse the concept of a WIPO Treaty for the Blind (EXCESS COPYRIGHT)

Distance education for blind people opposed by a White House responsive to MPAA (KEI)

WIPO’s Broadcasting Treaty: still harmful, still unnecessary (Creative Commons)


Pharmaceutical Patents Review Panel issue background and issues paper ( (Patentology)

Red nose trade mark brings two charities, National SIDS Council of Australia and Cure Kids, to blows (IP Whiteboards)


Subsequent entry biologic litigation set to take off in Canada (IP Osgoode)

Competition for Viagra on the rise (EXCESS COPYRIGHT)

Supreme Court serves stunning reminder of patent bargain in Viagra case (Michael Geist)

Pfizer seeks amendment or re-hearing of Supreme Court of Canada’s Viagra judgment (Excess Copyright)

Rogers, Telus, Bell and Quebecor file claim against SOCAN seeking restitution of CA$ 15 million as well as special damages over ringtone tarrifs (The 1709 Blog) (Excess Copyright)

Canadian broadcasters seek overhaul of radio copyright fees post-C-11 & fair dealing decisions (Michael Geist)


Ecuador issues a compulsory license on abacavir/lamivudine on 12 November 2012 (KEI)


EU patent, Patent Court could finally be approved in coming weeks (IP Watch) (EPLAW) (K/S/N/H::Law Blog)

Yet another SPC referral to the CJEU – AstraZeneca v Comptroller General of Patents EWHC (gefitinib) (Kluwer Patent Blog)

CJEU to consider copyright implications of linking and framing: Nils Svensson, Sten Sjögren, Madelaine Sahlman, Pia Gadd v Retreiver Sverige AB (Case C-466/12). (The 1709 Blog)

Emerging practice of the European Patent Office on stem cell inventions (Patent Docs)

Does Oracle ruling breach WIPO Copyright Treaty?: Case C-128/11 Oracle v UsedSoft (The 1709 Blog)

Dogfight over Community trade marks: AG opines – Case C-561/11, Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza (Class 46) (IPKat)

When can a CPVR holder request information from a supplier?: General Court rules in Case C-56/11 Raiffeisen-Waren-Zentrale Rhein-Main eG v Saatgut-Treuhandverwaltungs GmbH (IPKat)

General Court: lacks distinctive character: Case T- 338/11 (Class 46)


Police raid 9-year-old Pirate Bay girl, confiscate Winnie The Pooh laptop (TorrentFreak) (TorrentFreak)


Germany’s highest court rules parents not responsible for their teenager’s music piracy (TorrentFreak) (The 1709 Blog)

Patent exhaustion and possible EU intervention at issue in German Samsung v. Apple SEP lawsuit (FOSS Patents)

Samsung attacking Apple’s screen-to-speech functionality with German patent (FOSS Patents)

Munich court skeptical of Nokia patent assertion against Google Talk (FOSS Patents)


Ghana opts for the WPPT (Afro-IP)


Bayer makes an attempt to nix NATCO’s CL for Nexavar (Spicy IP)

Madras High Court rules against ‘safe-harbour’ for ISPs – a victory for copyright owners (Spicy IP)

Dangers of ex-parte interim injunctions, in full display, in patent litigation between Issar Pharmaceuticals and Ind-Swift (Spicy IP)

Indian Patent Office (IPO) publishes guidelines for Indian patent applications relating to plant (herbal) compositions (IIPRD)

IPAB on Payyannur Ring geographical indication: SubhashJewellery v. Payyannur Pavithra Ring Artisans (Spicy IP)

Government of India’s brand vs. generic drugs tell of today’s conflicts and reality (Profitability Through Simplicity)


Supreme Court hands down decision concerning novelty in patent case brought by PT Mitra Chemindo Sejati (IP Komodo)


Copyright in design in Italy:a post-Flos review (The 1709 Blog)


Bogarting Court of Appeal finds infringement of Valsartan process patent: Actavis v Novartic (EPLAW)


Hardware providers sue Dutch government over private copying levy hike (The 1709 Blog)


Rwanda to run its own ccTLD (Afro-IP)


Supreme Court clarifies TRIPS applied in Spain since 25 January 1995 (Kluwer Patent Blog)

Private copying in Spain: a new look for fair compensation rules (The 1709 Blog)

United Kingdom

UK government considers broadening bolar exemption (Patent Docs)

Open Rights Group applies to defend citizens against copyright trolls in Golden Eye case (TorrentFreak)

ISPs will first determine whether public Wi-Fi providers are subject to anti-piracy code, Ofcom says (Out-Law)

Fewer than a quarter of infringers would be put off by internet access suspension threat, Ofcom report says (Out-Law)

Peers take issue with Government proposals on orphan works, collective licensing and copyright exceptions (Out-Law)

Total write-off for YouView mark: EWHC (Ch) decision in YouView TV Ltd v Total Ltd (IPKat)

EWCA: When calculating an “account of profits” it is not permissible for defendant simply to allocate a proportion of general overheads to an infringing activity, in order to reduce profits payable to rights holder: Hollister v Medik Ostomy (EPLAW) (IPKat) (IPKat)

EWPCC: Continuing an action after the patent content is resolved: Ningbo Wentai Sports Equipment Co Ltd v Wang (PatLit)

United   States

US General

BIO and ASTA announce that GEMAA is now effective (Patent Docs)

USPTO Director Kappos to depart in January (IP Watch) (KEI) (IAM) (Inventive Step) (Patently-O)

US Patents

FTC and the DoJ to host public forum on patent assertion entity activies (Ars Technica)

Congress to tackle potential AIA fixes? (Patents Post-Grant)

US patent chief to software patent critics: “Give it a rest already” – Says explosion of smartphone patent litigation is “natural and reasonable.” (Ars Technica)

“Your criticisms are completely wrong”: Stallman on software patents, 20 years in – Free software guru makes a still-unpopular plea with new urgency—just ban them (Ars Technica)

Stallman’s got company: Researcher wants nanotech patent moratorium (Ars Technica)

APJs need to clarify the pro hac vice standard (WHDA)

US Patents – Decisions

CAFC: Expansion of standing for Walker Process claims: Ritz Camera v Sandisk ) (Patently-O) (Pharma Patents) (IP Spotlight)

CAFC finds lack of sufficient structure to support means-plus-function claim language, reverses District Court: ePlus v Lawson Software (GRAY on Claims)

CAFC affirms ITC finding of no section 337 violation in Norgren v ITC (ITC 337 Law Blog)

Linking pigs and humans through the enablement doctrine – CAFC decision in Edwards Lifesciences v CoreValve (Patently-O)

CAFC: Can you wait 20-years to challenge inventorship?: In this case, yes: Pei-Herng Hor and Ruling Meng v. Ching-Wu “Paul” Chu (Patently-O)

CAFC: Transocean v. Maersk, Part II: Secondary indicia of nonobviousness outweigh prima facie case of obviousness (Patently-O)

District Court Columbia denies equitable tolling, Fifth Amendment taking in Novartis patent term adjustment case: Novartis AG v. Kappos (PharmaPatents)

SD California: Violation of RAND obligation may constitute patent misuse or unclean hands: Multimedia Patent Trust v Apple (Docket Report)

CD California: Summary judgment of noninfringement against “patent troll” who filed “hundreds of lawsuits” did not warrant award of attorneys’ fees: ArrivalStar v Meitek (Docket Report)

US Patents – Lawsuits and strategic steps

AbbVie – AbbVie, Abbott Respiratory files patent infringement complaint against Watson in response to Para IV challenge regarding Niaspan (niacin XR) (Patent Docs)

Apotex – Apotex seeks exclusivity-triggering court decision in declaratory judgment action over generic BENICAR patent (FDA Law Blog) (Patent Docs)

Apple – Apple ordered to disclose patent settlement wit HTC (Ars Technica)

Apple – Google loan patents received special treatment under Apple-HTC settlement (Ars Technica)

Astellas US – Astellas files patent infringement suit against Akorn in response to Para IV challenge concerning Adenoscan (Patent Docs)

Chicago Board Options Exchange  – Chicago options market goes nuclear, files $525 million patent suit (Ars Technica)

Ericsson – New Ericsson lawsuits against Samsung indirectly help Apple in fight against FRAND abuse (FOSS Patents)

Ferring – Ferring files separate patent infringement suits against Watson and Apotex in response to Para IV challenge concerning Lysteda (transexamic acid) (Patent Docs)

HTC – What’s HTC paying Apple for patents? Not an “outrageous” $8 per phone (Ars Technica)

HTC – Apple-HTC license agreement would terminate automatically after change of control (FOSS Patents)

Liberty Mutual – APJs refuse to consider redundant proposed grounds for rejection in covered business method petition: Liberty Mutual v Progressive Casualty Insurance (WHDA)

Life Technologies – Life Technologies sues Promega for infringing reissue patent claiming fluorescence-based nucleic acid analysis (Holman’s Biotech Blog)

Litepanels – ITC decides to review initial determination in Certain LED Photographic Lighting Devices (337-TA-804) (ITC 337 Law Blog)

Merck Sharp & Dohme – Merck files patent infringement suit against APP Pharmaceuticals in response to Para IV challenge concerning Integrilin (eptifibatide) (Patent Docs)

MicuRX – MicuRx Sues USPTO for patent term adjustment under Exelixis (Pharma Patents)

Millenium Pharmaceuticals – Millenium files patent infringement complaint against Accord Healthcare in response to Para IV challenge concerning Velcade (bortezomib) (Patent Docs)

MobileMedia Ideas – Apple will not face trial on MobileMedia claims amended in re-examination (WHDA)

Samsung – FRAND issues key to ITC review of preliminary dismissal of Samsung’s complaint against Apple (FOSS Patents)

Samsung – Samsung extends infringement claims to iPad 4, iPad mini — judge allowed this beforehand (FOSS Patents)

Samsung – ITC decides to review initial determination in Certain Electronic Devices (337-TA-794) brought by Samsung against Apple (ITC 337 Law Blog)

SAP America – A first glimpse on the scope of discovery in the new post-issuance PTO proceedings: SAP America v Versata (WHDA)

SAP America – APJs deny pro hac vice admission of litigation attorney to PTO bar: SAP America v Versata (WHDA)

US Copyright

U.S. Republican study committee releases progressive copyright document only to withdraw hours later (Michael Geist)  (TorrentFreak) (KEI) (The 1709 Blog)

U.S. copyright surveillance machine about to be switched on, promises of transparency already broken (EFF)

How ISPs will do “six strikes”: Throttled speeds, blocked sites (Ars Technica)

RIAA hammers Google with DMCA takedowns in six strikes prelude (TorrentFreak)

US Copyright – Decisions

CD California smacks down another “Avatar” copyright infringement claim: Schkeiban v. Cameron (Technology & Marketing Law Blog)

US Copyright – Lawsuits and strategic steps

reFX Software – First software maker joins bittorrent lawsuit bonanza (TorrentFreak)

Third Degree Films – Porn copyright troll sues Verizon, angry it won’t cough up user names (Ars Technica)

US Trademarks

Expert report on the value of consumer review websites and 47 USC 230 (Technology & Marketing Law Blog)

US Trade Marks – Decisions

CAFC affirms T-T-A-B’s dismissal of cancellation petitions aimed at VILLAGE PEOPLE registrations: Karen L Willis v Can’t Stop Productions (TTABlog)

TTAB affirms genericness refusal of PARTNER SERVICES for business consulting: In re ScanSource (TTABlog)

TTAB sustains mere descriptiveness opposition to WOMEN’S RUNNING for fitness website: Wet Dog Media v Rodale (TTABlog)

US Trade Marks – Lawsuits and strategic steps

AmeriGas – AmeriGas gives up its lawsuit against PissedConsumer (Technology & Marketing Law Blog)

The Oatmeal – The Oatmeal sued over trademark by “Oatmeal Studios” (Ars Technica)

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