Global Week in Review 29 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:

US: Apple wins $1.05 billion verdict: Apple v Samsung (Patently-O) (Ars Technica) (Patentology) (Spicy IP) (Protecting Designs) (FOSS Patents) (Patentology) (Spicy IP) (IPKat) (IP Asset Maximizer Blog) (EFF) (Patents Post-Grant) (Inventive Step) (Docket Report)

Korea: Court rules Samsung didn’t copy iPhone design but older iPhones, iPads and Samsung devices are banned over patent violations (Ars Technica) (IP Solutions Blog) (FOSS Patents) (Korea Law Blog)

US: CAFC affirms validity of Lilly’s Alimta (Pemetrexed) compound patent: Eli Lilly & Co v Teva Parental Medicines (Orange Book Blog) (Beeser) (Patent Docs) (Patent Law Practice Center)

US: FBI says pirated Android apps a “top priority”, seizes three domains (Ars Technica) (TorrentFreak) (The 1709 Blog) (Out-Law)


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

Culture – as close as you can get to a company’s soul, guard it well (IP Think Tank)

Interlinked defense (IP Think Tank)

Open or closed case (IP Think Tank)

Parallel lifecycles (IP Think Tank)

UNESCO says monopolisation of information puts barriers to a better life (EFF)

BIO voices agree: intellectual property delivers (BIOtechNOW)


Global – Patents

Where manufacturing goes so follows innovation (IP Think Tank)

Patent valuations, why do they differ from selling price? (ipeg)

Financial importance of a prior art search (IP finance)

First agreements concluded under WIPO Re:Search for research on neglected tropical diseases (WIPO)

Apple and Samsung should fight in the marketplace, not the courtroom (EFF)


Global – Copyright

Authors’ earnings buoyed by movie income (IP finance)

Civil society groups oppose US and Australia’s TPP proposal on exceptions and limitations (EFF)



I’d walk a mile for an unbranded cigarette – the economics of cigarette packaging (IPKat)

FCA: Servier’s request to join several Apotex entities located outside Australia in Perindopril infringement case refused (



New industrial property regulations expected to enter into force 1 September (Afro-IP)



Coexistence of trade marks: Brazil’s new norm (IP tango)



Supreme Court speaks: how to assess fair dealing for education (Michael Geist)



The rise and rise of China as an IP superpower (IAM)

China should tackle patent quality problems; but doing so will not fix its innovation deficit (IAM)



Danish High Court sets aside a patent as “presumably invalid” for the first time in animal feed litigation between Danisco and Novozymes (Kluwer Patent Blog)



A new highest patent court for Europe? Not as long as the CJEU is here (Patently-O)

CJEU: Colourful Rubik’s Cube description leaves public ‘confused’ and ‘scratching their heads’: Seven Towns v OHIM (IP Osgoode)

EPO EBoA: Requests to correct denied: G 1/10 (IPKat)

EU courts may not share enforcement body’s view that linking to infringing material is itself illegal, says expert (Out-Law)



Google loses leverage as Motorola Mobility confirms German patent license to Apple (FOSS Patents) (Ars Technica)

Google fights proposed charge on news snippets and headlines (The 1709 Blog)



CSIR finally discloses details of patent licensing: more than 400 patents licensed over last ten years! (Spicy IP)

Novartis challenge to India patent law put off to 11 September (IP Watch)

SCP’s questionnaire on exceptions and limitations to patents (Spicy IP)

Application of de minimus non curat lex in the context of copyright law: India TV v Yashraj Films (Spicy IP)

District Judge of Lucknow grants interim injunction against Thomson Reuters and its Indian operations for infringing copyright in Eastern Book Company’s “Supreme Court Cases”  (Spicy IP)



Data exclusivity in Indonesia (IP Komodo)



Is 18-month publication in Israel a trap for unwary U.S. patent applicants? (America-Israel Patent Law)

Israel Supreme Court overturns decision regarding “More Stars” trade mark in dispute between flower growers (The IP Factor)



The role of the Judge in reviewing court expert’s reports, inventive step and product by process claims in a recent decision of the Court of Turin (Kluwer Patent Blog)



Monitoring file-sharers forbidden in Norway (TorrentFreak)


South Africa

Discovery Health’s extraction of Practice Code Numbering System held to infringe copyright (Afro-IP)


South Korea

Court rules Samsung didn’t copy iPhone design but older iPhones, iPads and Samsung devices are banned over patent violations (Ars Technica) (IP Solutions Blog) (FOSS Patents) (Korea Law Blog)



Commercial Court of Barcelona: Obtaining marketing authorisation and price earlier than approximately 50 days before the expiry date may be an act of unfair competition – Montelukast dispute between Merck Sharpe & Dohme and KRKA Novo (Kluwer Patent Blog)



Movie studio wants to bankrupt Pirate Bay founder (TorrentFreak)


United Kingdom

Universities to collaborate on new copyright initiative to meet challenges of creative economy (Out-Law)

UK IPO changing practice regarding merger of trademarks, effective 1 October (Class 46)


United States

US General

IOM issues report on “Accelerating the Development of New Drugs and Diagnostics: Maximizing the Impact of the Cures Acceleration Network” (FDA Law Blog)


US Patents

Constitutional challenge to the first-to-invent rule: MadStad & Mark Stadnyk v. USPTO (Patently-O) (Patents Post-Grant)

How the AIA violates TRIPS (Patently-O)

Patent eligibility and biology (Patent Docs)

Are the courts correct in their assumption that a patent issued on non-patentable subject matter is invalid? (Patently-O)

List of statutory/non-statutory software patent claims (AwakenIP)

USPTO satellite office up and running in Detroit (Director’s Forum)

First to file practice: Commonly owned applications (Pharma Patents)

USPTO extends first action interview program through November 16 (Pharma Patents)

USPTO to permit assignees to file and prosecute patent applications (Pharma Patents)

USPTO requires new PRPS e-filing system for new patent trials (Pharma Patents)

Micro-entity status: Can we all qualify? (Patently-O)

Can a third party challenge section 101 subject matter eligibility in the USPTO’s new post-grant review procedure? (Patently-O)

USPTO provides “cheat sheet” to final PTAB rule modifications (Patents Post-Grant)

Obtaining an electronic filing date at the PTAB (Patents Post-Grant)

Declaratory judgment & USPTO business method patent challenges (Patents Post-Grant)

FDA gears up for GDUFA implementation and ANDAgeddon (FDA Law Blog)

US drug sales and a patent cliff (Patent Law Practice Center)


US Patents – Decisions

CAFC: Prove every claim element: Whitserve v Computer Packages (Patently-O)

CAFC declines to import limitations from figures into claims, reverses district court: Jang v Boston Scientific (non precedential) (GRAY on Claims)

CAFC holds that prior art cited by USPTO is presumptively enabled: In re Antor Media Corp (Pharma Patents) (WHDA)

CAFC affirms validity of Lilly’s Alimta (Pemetrexed) compound patent: Eli Lilly & Co v Teva Parental Medicines (Orange Book Blog) (Beeser) (Patent Docs) (Patent Law Practice Center)

CAFC reverses and remands in appeal against invalidity finding: Amkor v ITC (ITC 337 Law Blog) (Patently-O)

ND California: Apple wins $1.05 billion verdict: Apple v Samsung (Patently-O) (Ars Technica) (Patentology) (Spicy IP) (Protecting Designs) (FOSS Patents) (Patentology) (Spicy IP) (IPKat) (IP Asset Maximizer Blog) (EFF) (Patents Post-Grant) (Inventive Step) (Docket Report)

Delaware: Transaction entry system patent held invalid for failure to claim patentable subject matter: CyberFone Systems v Cellco Partnership (Docket Report)

CD California: History of aggressive patent enforcement supports declaratory judgment claim: General Electric Company v NeuroGrafix (Docket Report)

WD Pennsylvania: Noninfringing sales may determine infringement damages: Carnegie Mellon University v Marvell Technology Group (Docket Report)

ITC issues public version of opinion finding no violation of section 337 in Certain Semiconductor Chips (337-TA-753) brought by Rambus against numerous respondents (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Apple – Apple v Samsung: Court schedules December 6 hearing on Apple’s push for triple damages from Samsung (FOSS Patents)

Apple – Apple v Samsung: Apple to request preliminary injunction against eight Samsung products in wake of jury verdict (Ars Technica) (FOSS Patents)

Apple – Apple v Samsung: Samsung wants Galaxy Tab 10.1 ban lifted in light of jury verdict (FOSS Patents)

Apple – Apple v Samsung: Samsung avoids adverse jury instruction for spoliation of evidence (Docket Report)

CVS Caremark – Attack on two Crocs Shoe patents, among the reexamination requests filed week of August 20, 2012 (WHDA)

Exela – Suing the USPTO to cancel improperly issued patents – Exela Pharma v Kappos (OFIRMEV / acetaminophen) (Patently-O)

Hitachi – Hitachi files new 337 complaint against Monster Cable, Skullcandy, Callaway and many others regarding Certain Sintered Rare Earth Magnets (ITC 337 Law Blog)

Isola – Isola files enforcement complaint against Taiwan Union Technology Corp. in Certain Prepregs, Laminates, And Finished Circuit Boards (337-TA-659) (ITC 337 Law Blog)

Merck & Co – Merck asks Supreme Court to review 3rd Circuit K-Dur (potassium chloride) decision (Patent Docs)

Merck Sharp & Dohme – MSD files patent infringement suit against Watson in response to Para IV challenge regarding Propecia (finasteride) (Patent Docs)

Motorola – ITC remands investigation of Motorola complaint against Apple to judge: only one patent left (FOSS Patents)

Santarus – Santarus files patent infringement suit against Dr Reddy’s in response to Para IV challenge in connection with Zegerid (omeprazole / sodium bicarbonate) (Patent Docs)

Shire – ANDA counterclaim of non-infringement not mooted by dedication of Intuniv (guanfacine) patent to public: Shire v Impax (Beeser)

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

Technology Properties – ITC institutes investigation (337-TA-853) regarding Certain Wireless Consumer Electronics Devices against numerous respondents including ACER, Garmin, HTC, Nintendo and others (ITC 337 Law Blog)

VirnetX – ITC decides not to review initial determination terminating investigation in Certain Devices With Secure Communication Capabilities (337-TA-818) brought by VirnetX against Apple (ITC 337 Law Blog)


US Copyright

FBI says pirated Android apps a “top priority”, seizes three domains (Ars Technica) (TorrentFreak) (The 1709 Blog) (Out-Law)

Why did Google flip-flop on cracking down on “rogue” websites? Some troubling possibilities (Technology & Marketing Law Blog)

MPAA budget slashed in half, are they dying? (TorrentFreak)

Google URL takedown requests up 100% in a month, up 1137% on 2011 (TorrentFreak)


US Copyright – Decisions

Court of Appeals for the 2nd Circuit rules contract claims not pre-empted by Copyright Act: Forest Park Pictures v Universal Television Network (Patent Arcade)

Court of Appeals for the 2nd Circuit: Internet tv streaming service not a “cable system” therefore unable to obtain compulsory license: WPIX v ivi (Recording Industry vs The People) (IP Spotlight)

Massachusetts: Tenenbaum damages upheld (The 1709 Blog)


US Copyright – Lawsuits and strategic steps

Patrick Collins – Doe #41’s motion to quash, sever & dismiss granted in Patrick Collins Inc v Does 1-45 (Recording Industry vs The People)

Sony BMG – Motion to reduce $675,000 verdict denied in SONY v Tenenbaum (Recording Industry vs The People)

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