Global Week in Review 8 August 2012 from IP Think Tank

Here is Think IP Strategy’sweekly selection of top intellectual property news breaking in the blogosphere and internet.


Highlights this week included:

Saving High-Tech Innovators from Egregious Legal Disputes Act (SHIELD Act) introduced in House of Representatives (Inventive Step) (Patentology) (EFF) (Ars Technica) (PatentsPost-Grant)

Lovenox (Enoxaparin) – CAFC extends safe harbor to post-approval drug testing: Momenta v Amphastar (Pharma Patents) (Patent Docs) (FDA Law Blog)

7th Circuit Court of Appeals: Video embedding site isn’t a contributory copyright infringer, but sideloading could be direct infringement: Flava Works v. myVidster (Technology & Marketing Law Blog) (The 1709 Blog) (EFF) (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

Three insights into how intellectual property can benefit an innovative business. (

IP and IC – the same thing or not? (

Perfect storm is set to slam IP Rights, holders (

Focus on the lesser value in licensing (No. 48 in our list of IP mistakes) (IP Think Tank)

Intangible assets are not theoretical concepts! (Business IP and Intangible Asset Blog)


Global – Patents

Rating inventions, patent applications and granted patents (

SMEs can leverage their IP to facilitate R&D financing (

TPP IP text would restore right to sue surgeons and other medical professionals for patent infringement. Why? (KEI)


Global – Copyright

Leaked: US proposal on copyright’s limits – A TPP draft looks more restrictive than some had hoped. (Ars Technica)

Stalemate over WIPO treaty on copyright exceptions for persons with print disibilities (Spicy IP)



Bureaucratic insanity or rulemaking error? – Correcting an error in details recorded in the register of patents (Patentology)

Registrar does not have the power to undo assignment of trademark that has been registered wrongly: Mediaquest v Registrar (

Arava / Arabloc (Leflunomide) – Apotex v Sanofi – FCAFC affirms conclusion of no implied licence to reproduce product information documents (

House of Representatives Standing Committee on Infrastructure and Communications considers the question – Why is digital music more expensive in Australia? (IPKat)



Coping mechanisms for trade secret infringement in outbound investment (China Law Insight)



Danisco wins animal feed battle against Novzymes (Kluwer Patent Blog)

Divergent approaches to copyright reform emerge in Europe (IP Watch)



Anti-P2P agency Hadopi likely to get shut down (Ars Technica) (Michael Geist) (TorrentFreak)



Division Bench of Delhi High Court settles the law on interpretation of IPR (Imported Goods) Enforcement Rules, 2007 (Spicy IP)

Sprycel (Dasatinib) – Natco admits to bad faith and BMS attempts patent linkage!: Bristol Myer Squibb v Natco (Spicy IP)

Madras High Court orders ISPs to block urls containing film name (The 1709 Blog)


South Africa

Supreme Court confirms foreign exchange approval no longer required for assignment of trademarks: Oilwell v Protech International (Afro-IP)


United Kingdom

Disclosure of copyright-protected information under FOI not a breach of copyright law, says ICO (Out-Law) (IPKat)

Richard Hooper’s Phase 2 Report on Digital Copyright Exchange published (Laurence Laurence Kaye on Digital Media Law)

EWPCC invalidates Humira Pen patent in Barry Liversidge v Owen Mumford & Anor (EPLAW)

EWHC (Pat) delivers mixed ruling in aircraft seating system patent infringement case: Virgin Atlantic Airways Limited v Contour Aerospace Limited & Ors (EPLAW)

EWHC (Ch) considers, in the context of a bridging finance agreement, whether there had been a transfer of IP rights: Quick Draw v Global Live Events (IP finance)


United States

US General

Can a press release be a tortious act?: Taser International v Stinger (WHDA)

“Big RLD” versus “little rld” – What’s the difference? (FDA Law Blog)


US Patents

Saving High-Tech Innovators from Egregious Legal Disputes Act (SHIELD Act) introduced in House of Representatives (Inventive Step) (Patentology) (EFF) (Ars Technica) (PatentsPost-Grant)

Losing the jury – what happens when the case qoes right over the jurors’ heads? (

First to file practice: Grace period inventor disclosures (Pharma Patents)

USPTO reverses course to permit anonymous ex parte reexamination requests (Pharma Patents)

The proper scope of DNA (or “gene”) patent claims (Patent Docs)

The OED asserts it has jurisdiction to discipline you in far broader circumstances than you might think (Patently-O)

Incentivizing discovery (rather than invention): In re Beineke (Patently-O)

Software patentability – solving a knotty problem: an outrageous call for patent reform part deux (Patently-O)


US Patents – Decisions

Lovenox (Enoxaparin) – CAFC extends safe harbor to post-approval drug testing: Momenta v Amphastar (Pharma Patents) (Patent Docs) (FDA Law Blog)

Prandin (Repaglinide) – CAFC modifies injunction against Novo concerning Orange Book use code amendment: Novo Nordisk v Caraco (Patent Docs)

CAFC: To patent system claims, the computer must be “integral to the invention”: Bancorp Services v Sun Life Assurance Company (IP Spotlight)

CAFC again supports USITC jurisdiction for pure-enforcement NPEs; court again splits on claim construction: InterDigital v ITC and Nokia (Patently-O) (ITC 337 Law Blog)

Hectorol (Doxercalciferol) – ND Illinois: Bench trial finds pharmaceutical patent valid and enforceable: Bone Care v Pentech (Chicago IP Litigation Blog)

ED Missouri: Monsanto wins $1b verdict on RoundUp Ready seed patent (Patently-O)


US Patents – Lawsuits and strategic steps

Anu IP – ALJ Pender grants motions to terminate investigation with respect to Coby in Certain Electronic Devices Having A Retractable USB Connector (337-TA-843) (ITC 337 Law Blog)

Apple – Apple refiles contract lawsuit against Google to protect its latest 3G/4G gadgets (FOSS Patents)

Apple – Bankruptcy court denies Apple’s claim to two Kodak patents: Apple waited too long to claim ownership of 2 patents in Kodak’s patent sale (Ars Technica)

Apple – ND California: Samsung lawyer forces Apple’s $75k expert to highlight subtle differences (Ars Technica)

Apple – Apple opposes Samsung’s ‘me too’ motion for adverse inference jury instruction on emails (FOSS Patents)

Apple – ND California: Judge Koh once again bars Samsung from making the “Apple imitated Sony” argument (FOSS Patents)

Apple – ND California: Samsung: Copying accusation is “offensive,” company wants to “simply compete” (Ars Technica)

Apple – ND California: Apple says Samsung is free-riding on $1 billion in marketing (Ars Technica)

Apple – Apple wants dismissal, winning verdict in Samsung case for evidence leak (Ars Technica)

ArCzar – Twombly and Iqbal do not require disregard of allegations based on “information and belief”: ArCzar v Navico (Docket Report)

ChriMar Systems – ALJ Essex grants motions to terminate investigation in Certain Communications Equipment (337-TA-817) (ITC 337 Law Blog)

Eli Lilly – Eli Lilly gets patent extension for blockbuster drug, Cymbalta (IP Solutions Blog)

Galderma – Galderma files patent infringement suit against Watson following Para IV certification as part of ANDA to manufacture generic Epiduo Gel (Adapalene and Benzoyl) (Patent Docs)

Genetic Technologies – History of early settlement weighs against transfer to MDL panel: Genetic Technologies v Bristol-Myers Squibb (Docket Report)

HTC – Apple expands attack on HTC’s acquired patents, tries to kill two pending cases at once (FOSS Patents)

Immersion Corporation – Challenge to Immersion touchpad patent among the re-examination requests filed week of July 30, 2012 (WHDA)

Kaneka Corporation – ITC decides to partially review and partially vacate initial determination in Certain Polyimide Films (337-TA-772) (ITC 337 Law Blog)

Maury Microwave – Pro se prosecution no defense to application of prosecution history estoppel: Maury Microwave v Focus Microwaves (Docket Report)

Meda Pharmaceuticals – Meda files patent infringement suit against Cadila in response to Para IV challenge concerning Astepro (Azelastine) (Patent Docs)

Microsoft – “Hypothetical” or “theoretical” infringement unproven in “real-world implementation” insufficient to support infringement of method claim: Paone v Microsoft (Docket Report)

Microsoft – Microsoft says ‘Motorola’s efforts to evade its [F]RAND commitments are collapsing’ (FOSS Patents)

Network Signatures – Pattern of filing infringement suits and offering to settle for less than defense costs did not render case exceptional warranting attorneys’ fees: Network Signatures v State Farm Mutual Automobile Insurance Company (Docket Report)

Purdue – Purdue files patent infringement suit against Actavis in response to Para IV challenge concerning OxyContin (Oxycodone) (Patent Docs)

Robert Bosch – CAFC to hear en banc appeal on its jurisdiction over all-but-accounting patent decisions: Robert Bosch v Pylon (Patently-O)

Sargent – Foreign parties and manufacturers not entitled to “preliminary assessment” of willfulness evidence to avoid “inherent prejudice”: Sargent Mfg. Co. v. Cal-Royal Products (Docket Report)

Southern Research Institute – SRI, Genzyme files patent infringement suit against Abon Pharmaceuticals in response to Para IV challenge concerning Clolar (Clofarabine) (Patent Docs)

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

Sunovion – Sunovion files patent infringement suit against Watson in response to Para IV challenge regarding Xopenex HFA (Levalbuterol) (Patent Docs)

Technology Properties – ALJ Rogers denies respondents’ motion for summary determination of invalidity in Certain Digital Photo Frames And Image Display Devices (337-TA-807) (ITC 337 Law Blog)


US Copyright

Newest Olympic sport: Evasion of geolocation (Technology & Marketing Law Blog)

Has your ISP joined the US ‘six strikes” anti-piracy scheme? (TorrentFreak)


US Copyright – Decisions

7th Circuit Court of Appeals: Video embedding site isn’t a contributory copyright infringer, but sideloading could be direct infringement: Flava Works v. myVidster (Technology & Marketing Law Blog) (The 1709 Blog) (EFF) (Ars Technica)

ND California: “Name your shills”, judge orders Oracle, Google (Ars Technica) (Ars Technica)


US Copyright – Lawsuits and strategic steps

Authors’ Guild – Google Book Search case threatens librarians’ access to information: ignoring fair use doctrine, Authors Guild suit tries to block valuable resource (EFF)

Electronic Arts – EA faces uphill battle in it’s copyright infringement lawsuit against Zynga (Technology & Marketing Law Blog)

Liberty Media – Judge orders Oron to settle $34.8m copyright suit, dismisses case (TorrentFreak)

Malibu Media – P2P infringement lawyer faces possible sanctions for disregarding court order regarding subpoenas: In re: Bittorrent Adult Film Copyright Infringement Cases (Technology & Marketing Law Blog) (TorrentFreak) (Ars Technica)

SAP – SAP agrees to minmum $307m damages settlement for infringing Oracle’s copyrights (Out-Law) – MPAA leaks: TV-Shack press strategy revealed; MPAA recruits ‘surrogates’ to support extradition of UK student (TorrentFreak) (TorrentFreak) (Ars Technica)


US Trademarks

What are trademark defendants’ obligations to clean up the Internet after a trademark injunction? (Technology & Marketing Law Blog)


US Trade Marks – Decisions

CAFC affirms TTAB cancellation of “LENS” registration: mark not used for software:, Inc v 1-800 Contacts, Inc (TTABlog)

Precedential No. 26: Chastizing PTO, TTAB reverses disclaimer requirement of ARCADEWEB for internet marketing services: In re Future Ads LLC (TTABlog)

Precedential No. 25: TTAB finds “α CU” (Alpha CU) deceptive for copper-less dietary supplements: In re E5 LLC (TTABlog)

Precedential No. 24: TTAB affirms refusal of REAL RUSSIAN as primarily geographically deceptively misdescriptive of vodka: In re Premiere Distillery, LLC (TTABlog)


US Trade Marks – Lawsuits and strategic steps

Land Rover – Land Rover sues “British Northwest Rover” restoration and repair company (Seattle Trademark Lawyer)



Trademark infringement case in Vietnam – Bayer stops Viet Duc from using similar mark for rice fungicide product (IP Komodo)



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