Global Week in Review 3 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:

Updated Draft Agreement on Unified Patent Court published (IPKat) (EPLAW) (IP Watch)

Do patent and copyright law restrict competition and creativity excessively? – Judge Posner’s view (Becker-Posner Blog) (Michael Geist) ( (IPKat) (The 1709 Blog) (Ars Technica)


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

On TPP secrecy, US and five others decline to answer UN (IP Watch)

Australia, Chile and New Zealand reply to UN Rapporteur for Right to Health on TPP complaints (KEI)

U.S. negotiators on TPP — Don’t trade away the biopharmaceutical research sector (Patent Docs)

Should we allow the overleveraging of IP rights by contract? (IPKat)


Global – Trade Marks / Brands / Domain names

ICANN set to change the topography of the internet (Spicy IP)


Global – Patents

Médecins Sans Frontières launches patent opposition database (IP Watch)

Practice note on US/EPO patent family prosecution (Patently-O)


Global – Copyright

Kim Dotcom teases Megabox, reveals exclusive artists? (TorrentFreak)



Innovation patents reach back in time for infringement: FCA decision in Britax Childcare v Infa-Secure (Patentology)



BMS wins prohibition order on SUSTIVA compound patent: Bristol-Myers Squibb and Merck Sharp & Dohme v Mylan (Beeser)



China trademarks and your logo (China Law Blog)

Hermès counterfeiter sentenced to life (IPKat)



Updated Draft Agreement on Unified Patent Court published (IPKat) (EPLAW) (IP Watch)

Declaration on private copying remuneration (The 1709 Blog)

Commission seeks model contract terms and new standards for cloud computing services (Out-Law) (The 1709 Blog)

Plain packaging and the European Commission: is there a mixed message? (IPKat)

Case C-138/12 HI HOTEL HCF – request for preliminary ruling from the Bundesgerichtshof in case concerning copyright infringement of photographs (The 1709 Blog)

EWHC (Pat) refers two SPC questions to the CJEU regarding combination products: Actavis v Sanofi (CoAprovel – irbesartan/hydrochlorothiazide) (EPLAW)



Paris Criminal Court: CiNEFOX movie pirates handed jail sentences, ordered to pay 1.1 million Euros (TorrentFreak)

Cour d’appel de Paris decides case concerning validity of acquisition of prior rights after being accused of trademark infringement: Circus v Apple (Class 46)



Supreme Administrative Court: Smileys cannot be trademarks in Finland (Class 46)



Metropolitan Court of Budapest grants six preliminary injunctions in June 2012 over likely infringement in blockbuster drug patent cases (EPLAW)



TKDL poised to draw first blood before Indian patent office; long road ahead (Spicy IP)

Delhi High Court: Novelty of design: Tarun Sethi v Vikas Budhiraja (Spicy IP)

District Judge of Lucknow grants Eastern Book Company interim injunction against Lexis Nexis for infringement of copyright (Spicy IP)



Anti-downloading law hits Japan, up to 2 years in prison from today (TorrentFreak) (The 1709 Blog)


Latin America

Copyright in Latin America: New enforcement measures pose major threats to internet users in Panama and Colombia (EFF)



District Court Utrecht decision concerning cross-border jurisdiction: Boehringer Ingelheim v. Teva (Kluwer Patent Blog)


New Zealand

New Zealand Prime Minister apologizes for illegal Dotcom spying (Ars Technica) (TorrentFreak)

Inside NZ Police Megaupload files: US investigation began in 2010 (Ars Technica)

NZ prime minister defends Hollywood trip in wake of Megaupload mess; maintains meetings have nothing to do with ongoing Kim Dotcom case (Ars Technica)

High Court finds NZ courts have jurisdiction to decide on infringement of a US patent, committed in US by US-based company: Stewart v Franmara Inc no.2 (Patentology)



File-sharing for personal use declared legal in Portugal (TorrentFreak)



Thai FDA approves first generic version of Pfizer’s VIAGRA for sale after 1 October (IP Komodo)


United Kingdom

Nominet launches consultation on new .uk domain names (IPKat) (Out-Law)

Small claims track gives businesses new IP dispute resolution option (Out-Law) (Kluwer Patent Blog)

ISPs: Ofcom has underestimated cost of our obligations under anti-piracy code (Out-Law)

Birmingham High Court: Glass and a half full of purple joy: Cadbury wins trademark battle against Nestle (Spicy IP)

IPO decision ‘stems’ from Brüstle: BL O/316/12 International Stem Cell Corporation (Kluwer Patent Blog)

EWPCC finds invalidity on obviousness grounds and no infringement in BOS v Coba UK Automotive Products (EPLAW)

EWPCC rejects obviousness and added matter attacks, finds validity and infringement in Vernacare v Environmental Pulp Products (EPLAW)


United States

US General

Do patent and copyright law restrict competition and creativity excessively? – Judge Posner’s view (Becker-Posner Blog) (Michael Geist) ( (IPKat) (The 1709 Blog) (Ars Technica)

Senate Judiciary Committee approves S 3523 Innovative Design Protection Act 2012 (Class 99) (Protecting Designs)

GAIN Act stacks 5-years of market exclusivity for antibiotics (Patently-O)

New legislation would provide exclusivity add-on for significant drug combinations (FDA Law Blog)

Another orphan drug battle; Depomed sues FDA over GRALISE orphan drug exclusivity (FDA Law Blog)


US Patents

White House releases major paper on propelling innovation in drug development and recognizes HP&M’s Frank Sasinowski for contributions (FDA Law Blog)

A first look at inter partes review filings (PharmaPatents)

What to know about petitions for an interview in patent reexamination (WHDA)

Examiner claim confirmations in inter partes patent reexamination, what happens on appeal? (Patents Post-Grant)

How a rogue appeals court wrecked the patent system (Ars Technica)

Utility patents issued 2000 to 2012 (Patently-O)

Android camp is enforcing only one patent injunction against Apple (and none against Microsoft) (FOSS Patents)

Android devices have already been found to infringe 17 valid Apple and Microsoft patents (FOSS Patents)

Trans-border active patent inducement under Akamai (Patently-O)


US Patents – Decisions

CAFC affirms validity and infringement in combination drug patent case: Pozen v Par Pharmaceutical (TREXIMET – sumatripan/naproxen) (Patent Docs)

CAFC upholds board determination that biotechnology invention was obvious: In re Droge (PharmaPatents)

CAFC In, the Federal Circuit continues in the direction set by Powell, although it does not appear to be ready to completely abandon the notion that certain “minor” violations can constitute inequitable conduct – perhaps maintaining a bit of the “bark” of inequitable conduct despite curtailing its “bite.”: Outside the Box Innovations v. Travel Caddy (Patently-O)

CAFC sides with USPTO on SNQ debate: Belkin v Kappos (Patents Post-Grant) (Patently-O)

CAFC: Sales ban on Samsung Galaxy Tab 10.1 will be reconsidered; passed decision on injunction back to Judge Koh: Samsung v Apple (Ars Technica) (FOSS Patents)

ND California: Apple v. Samsung judge ends Galaxy Tab ban, Apple may have to pay $2.6M; Samsung tablet was banned for three months based on patent it didn’t infringe (Ars Technica) (FOSS Patents)

9th Circuit rejects German injunction order in Microsoft v. Google patent battle: Microsoft v Motorola (Patently-O) (FOSS Patents)

Massachusetts jury finds Abbott’s anti-IL-12 antibody claims invalid (STELARA – ustekinumab) (Beeser)

Columbia: ArQule v. Kappos: Enjoy your weekend, or what a difference a day (or two or three) of PTA can make (Patent Docs)

Columbia: Patents claiming systems and methods for electronic sale of fixed-income assets deemed invalid for failure to claim patentable subject matter: Federal Home Loan Mortgage Corp. v Graff/Ross Holdings (Docket Report)

Nevada: Common ownership required to maintain enforceability of patent subject to terminal disclaimer means ownership by same entity, not same corporate family: Email Link v Treasure Island (Docket Report)

CD California: “Same transaction” required for joinder under 35 U.S.C. § 299 does not encompass separate transactions within a “commerce stream”: Mednovus v QinetiQ (Docket Report)

ITC: ALJ Rogers issues Initial Determination of no S 337 violation in Certain Coenzyme Q10 Products (337-TA-790) (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Apple – Samsung adds Apple’s iPhone 5 to its patent lawsuit (Ars Technica) (FOSS Patents)

Apple – Samsung claims foreman lied about his past to get on Apple v. Samsung jury(Ars Technica) (FOSS Patents)

Apple – Apple urges court to move ahead with at least 6 of 32 patents waiting for HTC in Delaware (FOSS Patents)

Avago – Avago files new 337 complaint regarding Certain Optoelectronic Devices For Fiber Optic Communications (ITC 337 Law Blog)

Etagz – Hourly rates of $675-775 deemed unreasonable for discovery disputes: Etags v Quiksilver (Docket Report)

Industrial Technology Research Institute – Alleging “selective disclosure” of prior art reference is sufficient to plead intent to deceive element of inequitable conduct claim: Industrial Technology Research Institute v LG Corporation (Docket Report)

Intellectual Ventures – Intellectual Ventures attack on Xilinx patents among the filings in the two weeks September 16-28, 2012 (WHDA)

Merck & Co – PhRMA and Bayer files amicus briefs in K-Dur case (Patent Docs) (Patent Docs)

Motorola Mobility – Motorola suddenly drops bid to ban sale of Macs, iOS devices; no settlement, but ITC case is likely over (Ars Technica) (FOSS Patents)

Speck – Speck files new 337 complaint regarding Certain Cases For Portable Electronic Devices (ITC 337 Law Blog)


US Copyright

ISPs and tracking company ready to start six-strikes anti-piracy scheme (TorrentFreak)


US Copyright – Decisions

W D Washington: Recent ruling in Triple Town/Yeti Town game app dispute provides cautionary lessons for both EA and Zynga: Spry Fox v Lolapps (Technology & Marketing Law Blog)


US Copyright – Lawsuits and strategic steps

Garcia, Cindy Lee – Actress in anti-Islam film sues YouTube on copyright grounds (Ars Technica)

RIAA – RIAA targets foreign music download portals –, and (TorrentFreak)


US Trade Marks – Decisions

SD Texas: City of Paris ordered to pay USD 100,000+ for reverse domain name hijacking (Class 46)

Precedential No. 32: Board finds service of notice of opposition flawed but adequate: Musical Directions v. Norman W. McHugh (TTABlog)


US Trade Marks – Lawsuits and strategic steps

RC3 – MD Florida dismisses RC3’s declaratory judgement complaint against Justin Beiber without prejudice, finding lack of personal jurisidiction (IP Whiteboard)


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