IP Think Tank Global Week in Review – 1 February 2008

  Posted on February 1, 2008 By

 Comment

Here is IP Think Tank’s weekly
selection of top intellectual property news breaking in the blogosphere and
internet.

Please join the discussion by adding your comments on any of these stories,
and please do let me know if you think we’ve missed something important, or if
there is a source you think should be monitored.

You can separately subscribe to the IP Thinktank Global week in Review at http://feeds.feedburner.com/DuncanBucknellsGlobalWeekInReview

Highlights this week included:

Global

Pharma

  • European Commission raids
    pharmaceutical companies in sector-wide inquiry on patent abuse: (The
    IP Factor    ),
  • Thailand plans to issue
    four cancer drug compulsory licences – Vichai panel has advised the public
    health minister to issue compulsory licences for Letrozole, Imatinib,
    Docetaxel, and Erlotinib: (Generic
    Pharmaceuticals & IP    ) (for update on Imatinib see posting listed
    by drug name below),
  • Indian company Suven Life
    Sciences granted US patent for a class of Serotonin receptor affinity
    compounds, used in the treatment of neuro-degenerative conditions: (Spicy
    IP    ),
  • FDA: broken, like the
    USPTO?: (IPBiz),
  • State of the Union address 28 Jan 2008:
    statement regarding patenting human life: (IPBiz),
    (Patently-O),
  • Alnylam Pharmaceuticals
    secures UK patent covering molecules that affect RNA interference: (SmartBrief),
  • Doha style compulsory licences for
    exports: The politics…: (Spicy
    IP    ),
  • Pushing to compulsory
    licensing: Pharma companies heading closer to Doha: (Spicy
    IP    ),
  • Financial Express on the
    battle between big pharma companies and the generic industry: (Spicy
    IP    )
  • Avandia (Rosiglitazone
    Maleate) – GSK receives Indian patent for hydrate form of Rosiglitazone
    Maleate: (Patent
    Circle    ),
  • Glivec (Imatinib) – Natco
    receives stay from the Supreme Court against Chennai High Court’s order
    for the IPAB hearing of Novartis appeals regarding Imatinib without a
    technical member: (Generic
    Pharmaceuticals & IP    ), (Spicy
    IP    ),
  • Glivec (Imanitib):Thailand
    avoids compulsory licence on cancer drug with Novartis agreeing to provide
    the drug free under a government-sponsored health insurance program: (Intellectual Property
    Watch    ), (Generic
    Pharmaceuticals & IP    ),
  • Mevalotin (Pravastatin) –
    Teva files patent lawsuit against Kyowa Hakko Kogyo with Tokyo District
    Court in relation to a cholesterol lowering drug: (The
    IP Factor    ),
  • Namenda (Memantine) – Forest Laboratories sue six generic drug-makers over
    patent relating to Nemenda Alzheimers drug: (IP
    Law360    ),
  • Namenda (Memantine) – Forest Laboratories sues Upsher-Smith Laboratories
    for patent infringement to stave off a generic version of its drug
    Namenda: (IP
    Law360),
  • Ofloxacin – Apotex gets
    $5m in wrongful injunction damages in its battle with Daiichi Sanko over a
    patent relating to an antibacterial ear medicine: (IP
    Law360    ), (Patent
    Prospector    ),
  • Opana (Oxymorphone) –
    Endo Pharmaceuticals and Penwest Pharmaceuticals sue Impax for alleged
    patent infringement as Impax moves closer to marketing a generic version
    of Opana: (IP
    Law360    ),
  • Protonix (Pantoprazole) –
    Wyeth and Nycomed announce they will launch generic version of Protonix: (Generic
    Pharmaceuticals & IP    ), (IP
    Law360    ), (IPNewsFlash),
    (IPNewsFlash2)
  • Protonix (Pantoprazole) –
    Sun launches generic version of Protonix: (Generic
    Pharmaceuticals & IP    ), (SmartBrief),
  • Selzentry (Maraviroc) – Pfizer
    agrees to give International Partnership for Microbicides a royalty-free
    license to Maraviroc, its newly-approved HIV treatment: (SmartBrief),
    (more from SmartBrief),
  • Sutent (Sunitinib) –
    Natco requests Indian government to grant it a compulsory licence for
    Sutent, renal cancer drug, from Pfizer: (Generic
    Pharmaceuticals & IP    ),
  • Tarceva (Erlotinib) –
    Natco requests Indian government to grant it a compulsory licence for
    Tarceva, lung cancer drug, from Roche: (Generic
    Pharmaceuticals & IP    ),
  • Tarceva (Erlotinib) – Roche
    patent infringement action against CIPLA before Delhi High Court over
    Tarceva patent: (Update: the law on temporary injunctions – Spicy
    IP     and correction at Spicy
    IP    ), (Pricing issues – Spicy
    IP    ), (Some dates – Spicy
    IP    ), ( Businessworld article – Spicy
    IP    ), (Litigation analysis Patent
    Circle    ; Patent
    Circle    , Patent
    Circle     and Patent
    Circle    ), (Litigation analysis III – Patent
    Circle    ), (Contours of section 3(d) – Spicy
    IP    ), (Litigation analysis IV – Patent
    Circle    ), (Reader comments – Patent
    Circle    ),
  • Viread (Tenofovir) – US
    Patent Office rejects Gilead’s HIV/AIDS drug patents in response to prior
    art submitted by the Public Patent Foundation: (IPBiz),
    (Patent
    Circle    ), (Spicy
    IP    ),
  • Zantac (Ranitidine) – Cypress and GSK
    settle on Ranitidine oral suspension: (Generic
    Pharmaceuticals & IP    ), (IP
    Law360    )

Africa

  • Microsoft
    ‘outs’ SA infringers: (Afro-IP),
  • Japan to fund ‘better use’ of African IP: (Afro-IP),
  • BSA-IDC
    report pinpoints benefits predicted from reducing SA software piracy: (Afro-IP),
  • Kenya Appeal Court denies single colour protection: (Afro-IP),
  • Second
    Botswanan Minister to speak out on the importance of an effective intellectual
    property regime to the Botswanan economy: (Afro-IP)
    (and post script – Afro-IP)

Australia

  • Public consultation on
    ‘format shifting’ of photo and films: (IP
    Menu News    ),
  • Parallel imports and
    section 123 of the Trade Marks Act: (Australian
    Trade Marks Law Blog    ),
  • ‘New England Australia’
    is now a geographical indicator for wine: (Dilanchian),
  • Jail sentence for
    copyright infringement: Le v R: (IP
    Down Under    ),
  • Trade mark infringement:
    who can provide consent?: Industries Ltd v Dynamic Supply Pty Ltd:
    (IP
    Down Under    )

Brazil

  • IFPI
    raids hundreds of internet cafes: 600 cops, one arrest: (Ars
    Technica    )

Canada

China

Europe

  • Standardisation policy
    more effective than legislation on IP?: (Intellectual
    Property Watch    ),
  • ECJ rules that EU law
    does not force disclosure of internet users’ details in file-sharing cases
    in Productores de Música de España (Promusicae) v Telefónica de España
    SAU    : (Out-Law),
    (IPKat),
    (Catch
    Us If You Can!!!    ), (Intellectual
    Property Watch    ), (Out-Law), (Electronic
    Frontier Foundation    ),
  • ECJ ruling in Productores
    de Música de España (Promusicae) v Telefónica de España SAU     may
    bolster case for ISP-level filtering: (Ars
    Technica    ),
  • Promusicae is
    relevant to trade mark infringements too: (Class
    46    ),
  • London Agreement to enter
    into force on 1 May 2008 following France’s ratification: (BLOG@IP::JUR),
    (IPKat),
    (IP
    Updates    ), (IPEG),
    (IAM),
    (Patent
    Docs    ),(Patent
    Baristas    ),
  • OHIM: National search
    report for CTMs becomes optional: (BLOG@IP::JUR),
    (Class
    46    ),
  • IQNet mark opposed by EC
    for containing elements of the European Community flag: (Catch Us If You
    Can!!!    ),
  • ECJ to clarify ‘bad
    faith’ in Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth
    GmbH    : (Class
    46    ),
  • CFI upholds OHIM’s
    rejection of Japan Tobacco’s opposition to Torrefaccao Camelo’s figurative
    mark including the depiction of a camel, palm trees and pyramids: (The
    IP Factor    ), (Class
    46    ),
  • Federación de
    Cooperativas Agrarias de la Comunidad Valenciana loses appeal before the
    CFI in its plant varieties case: (IPKat),
  • AG delivers opinion in HutchinsonO2
    holdings v     3G regarding comparative advertising containing non-identical trade
    marks: (IPKat),
    (more from IPKat),
    (Class
    46    ), (Catch
    Us If You Can!!!    ),
  • EU to take Taiwan to WTO over compulsory licensing provision: (Spicy
    IP    ), (IP
    Watch    ),
  • European Patent Office
    fee changes may prompt change in patent filing strategy: (IP
    Spotlight    ),

France

  • Debate on merger of
    professions of patent attorneys and lawyers stalled in entrenched fights?:
    (BLOG@IP::JUR),
  • French patent chief
    hopeful of European litigation agreement in second half of 2008: (IAM),
  • French government
    pressing ahead with plans to cut off the internet access for those caught
    sharing files via P2P: (Ars
    Technica    )

Germany

  • No
    safe habour for RapidShare in copyright infringement case brought by GEMA (the
    German recording industry association): (Ars
    Technica    ),
  • Implementation
    of London
    Agreement: German patent law now in a shambles?: (BLOG@IP::JUR),
  • German Federal Patent Court gives guidance on trade mark protection for the
    names of fictitious and unknown persons: Percy Stuart: (Class
    46    )
  • IP-Com (backed by Fortress Investment
    Group) sues Nokia in a $17.8 billion infringement suit over mobile
    communication patents: (IPLaw360),
    (PatentTrollTracker)

India

  • Bollywood and online
    piracy: (Spicy
    IP    ),
  • Supreme Court on whether
    Indian court judgments are copyrightable: Eastern Book Company v. D.B.
    Modak    : (Spicy
    IP    ), (Guest post – Spicy
    IP    ),
  • India and TRIPS compliance:
    Protectionist policies: (Spicy
    IP    ),
  • Punjab University Dean
    proposes new model to share IP right: (Spicy
    IP    ),
  • Indian fast-moving
    consumer goods sector looks to brand valuation as a marketing tool: (IP
    Finance    ),
  • Moves to protect
    traditional knowledge: (Spicy
    IP    ), (more from Spicy
    IP    )

Ireland

  • New Irish notice on costs in opposition
    proceedings: (Class
    46    )

Japan

  • First arrest of a computer virus writer in Japan…
    for copyright infringement: (IPKat),
  • Japan blocks import of Nanya SDRAM chips at Fujitsu’s request: (IP
    Law360    )

Latvia

  • IP protection in Latvia : (Mondaq)

New Zealand

  • NZ Court of Appeal finds Cadbury not entitled to
    the word PURPLE for non-purple confectionary products in Cadbury Ltd v Effem
    Foods Ltd    : (IP Down
    Under    )

Norway

  • Norwegian public broadcaster uses BitTorrent for
    content distribution: (Michael Geist)

Spain

  • Spain condemned for non-implementation of resale rights directive: Commission des
    Communautés européennes v Royaume d’Espagne    : (IPKat)

Switzerland

  • Switzerland warns Logistep, a company that tracks file-sharers for copyright infringements,
    that its tactics violate Swiss telecommunication law: (IPKat),
    (Ars
    Technica    ),
  • Electronic filing of international trade mark
    applications from February 2008: (Class
    46    )

Taiwan

  • EU to take Taiwan to WTO over compulsory licensing provision: (Spicy
    IP    ), (IP
    Watch    ),

 

United Kingdom

  • Gemstar commences patent
    litigation proceedings in the High Court against Virgin Media: (IMPACT),
    (IPEG),
  • Baroness Morgan to become
    the next British Minister for Intellectual Property: (IPKat),
  • High Court allows computer
    program patent claims in Astron Clinica & Ors v The Comptroller:
    (IPKat),
    (BLOG@IP::JUR),
    (Filemot), (IAM),
    (The
    IP Factor    ), (IP
    Updates    ), (IMPACT),
    (IPcentral
    Weblog    ), (Out-Law),
    (IPBiz),
  • Globe found liable for
    trade mark infringement and passing off in its battle with D Jacobson
    & Sons over logo used on footwear: (IPKat),
    (Class
    46    ),
  • Public consultation on
    new exceptions to copyright infringement: (IP
    Menu News    ),
  • UK introduces option for fast
    track trade mark examination: (Rouse
    & Co International    ),
  • Kitchin J hands down
    decision regarding the Hearing Officer’s discretion to allow amendments to
    a patent application in M-Systems v Trek: (IPKat),
  • Don’t expect privacy law
    overhaul in the wake of HMRC: (Out-Law),
  • Amazon: one step closer
    to DRM free tracks in the UK?:
    (IMPACT),
  • Information
    Commissioner’s Office finds Marks & Spencer breached data protection
    law when it allowed details of employees to be held on a laptop without
    the protection of encryption: (Out-Law),
  • Information Commissioner
    wants new criminal offence of recklessly or knowingly breaching data
    protection principles: (Out-Law),
  • UK High Court begins
    hearing case between Visto Corp and Research in Motion over email
    messaging technology: (IP
    Law360    ),
  • MySpace wins UK
    domain name that pre-dated its service: (Out-Law), (Techdirt),
  • Who’s requesting UKPO
    invalidity and noninfringement opinions: (IP
    Updates    ),
  • UKIPO issues practice
    guidance on correspondence: (Class
    46    ),
  • UKIPO: Copies of UK patent files available through online forms: (IP
    Menu News    ),
  • Database rights: does Crowson
    Fabrics     change things?: (IMPACT),
  • Guidance from Court of
    Appeal on staying parallel patent revocation actions: Glaxo Group v
    Genentech & Biogen    : (Rouse
    & Co International    )

United States

US General

  • IP and innovation: Why
    the US will always lead the way: (IAM)
  • Tafas files opposition
    brief to USPTO’s summary judgment motion in the matter of stopping
    implementation of the agency’s proposed rules limiting patent filings and
    examination: (Patent
    Prospector    ),
  • More on Patent Exhaustion
    and LG v Quanta: (Patent
    Baristas    )

US Patent Reform

  • Patent reform: bad for
    (small) business: (IPBiz),
  • Patent reform 2008: less
    protection for the underdog?: (IPBiz),
  • Draft Report on Senate
    Patent Reform Bill: Applicant quality submissions and micro-entities: (Patent
    Docs    ),
  • Draft Report on Senate
    Patent Reform Bill: Damages: (Patent
    Docs    ),
  • Senate Patent Reform Bill
    on interlocutory appeals of claim construction orders: (IP
    Updates    ),
  • Senate Patent Reform Bill
    on mandatory search requirements: (IP
    Updates    ),
  • Congressional Research
    Service Report on Patent Reform: (IP
    Updates    ), (Anticipate
    This!    ),
  • Senate Patent Reform Bill
    on prior art grace period: (IP
    Updates    ),
  • Senate Patent Reform Bill
    on prior user rights: (IP
    Updates    ),
  • Patent Reform Act of 2007
    – Initiative relevant to prosecution: (Anticipate
    This!    ),
  • Patent-granting system
    awaits serious shake-up: (IP
    Law360    )
  • Patent reform debate: response
    to Alexander Poltorak’s editorial article: (Patent
    Troll Tracker    ), (Patent
    Prospector    ),
  • USPTO does not support
    Patent Reform Bill: (PLI),
  • Patent reform: Unsettling
    rights: (Patently-O),
  • Patent Act won’t meet
    ‘efficiency’ goals: (IP
    Law360    ),
  • Patent reform: patent
    cases and multi-district litigation: (Patent
    Troll Tracker    ),
  • Patent reform 95% of the
    way there?: (IPBiz),
  • Patent reform: damages
    apportionment: (Patent
    Prospector    ),
  • Patent reform: Outside
    looking in: (Patent
    Prospector    ),
  • Tension rises as patent
    reform hits ‘the final stretch’: (Peter
    Zura’s 271 Patent Blog    ),
  • A dupe of the opposition
    to US patent reform? Me?: (Experience
    Not Logic    ),
  • Draft Report on Senate
    Patent Reform Bill: Interlocutory decisions and venue: (Patent
    Docs    ),
  • Senate Patent Reform Bill
    may do damage to damages: (IP
    Law360    ),
  • Dozens of letters
    opposing patent reform sent to Senators: (Washington
    State Patent Law Blog    ), (Patent
    Docs    ),
  • Death to Cybor de
    novo claim construction review through Leahy, s 1145 Patent Reform Act: (Harold Wegner),

US Copyright

US Patents

  • Patenting life (Part
    III): (Patent
    Docs    ),
  • IRS Taxpayer Advocate
    Service issues annual report which strongly condemns patents on tax
    strategies: (Harold Wegner),
  • Lawyer asserts copyright
    in cease and desist letter: (IPKat),
    (Likelihood of
    Confusion    ),
  • Texas Bar Journal ‘Year
    in review’ 2007 – ‘Patent litigation: a changing landscape’: (EDTexweblog),
  • N.D. GA :
    Supreme Court’s Twombly decision doesn’t affect pleadings in patent
    cases: FlintCBT Partners v Goodmail Systems: (Peter
    Zura’s 271 Patent Blog    ),
  • Canada and Korea added to ‘patent
    prosecution highway’: (IP
    Law360    ), (Patent
    Docs    ), (PLI),
    (IP
    Menu News    ),
  • ‘New route’ created
    between USPTO and JPO: (Patent
    Docs    ), (PLI),
    (IP
    Updates    ),
  • Business methods:
    Patenting computer and machine implemented inventions since Nuijten
    and Comiskey – webinar 14 Feb 2008: (Philip
    Brooks    ),
  • Business methods: A
    litigator’s perspective: (PLI),
  • Looking for the brighter
    side of KSR: (PLI),
  • Reading the tea leaves of
    PCT files: (PLI),
  • NDN Globalisation Initiative
    releases report entitled ‘The idea-based economy and globalization: The
    real foundations of American prosperity in the 21st century’: (IPcentral),
  • N-Data signals important
    new enforcement trend: (IP
    Law360    ),
  • Claim interpretation
    should include disclosed embodiments: Oatey v IPS: (Patently-O),
    (IPBiz),
    (Patent
    Prospector    ),
  • Estimating damages: Using
    hindsight – Janis Joplin’s Yearbook: (Philip
    Brooks    ),

US Trademarks

  • PTO letters of protest:
    Is ‘CYBERLAW’ registrable?: (TTABlog),
  • Qualcomm sets the
    baseline for e-discovery: (IP
    Law360    ),
  • TTAB reverses mere
    descriptiveness refusal of ‘SUGAR No. 11’ for futures exchange serves and
    finds specimen of use acceptable: In re ICE Futures US, Inc: (TTABlog),
    (IP
    Updates    ),
  • Mesmerized by fame of
    “VANITY FAIR” mark, TTAB sustains 2(d) opposition to
    “VANITY INSANITY” for clothing: (TTABlog),

US Companies / Entities

  • American Seating: CAFC
    considers invalidity by prior use and lost profits damages in patent
    infringement lawsuit against USSC Group: (Patent
    Prospector    ), (IP
    Updates    ),
  • Barracuda Networks –
    Barracuda defends ClamAV antivirus program from patent threats made by
    Trend Micro: (Ars
    Technica    ), (Patent
    Prospector    ),
  • Bayer Bioscience –
    Monsanto awarded $8.5m after Federal Appeals Court upheld decision that
    Bayer’s insect-resistant corn patents were unenforceable due to
    inequitable conduct: (IP
    Law360    ), (IPBiz),
    (Patent
    Baristas    ), (IP
    Updates    ), (Patently-O),
    (Patent
    Prospector    ), (Patent
    Docs    ),
  • Boston Scientific –
    Federal Judge refuses to dismiss or transfer four Boston Scientific
    lawsuits seeking to invalidate Johnson & Johnson’s patents for
    coronary stents: (IP
    Law360    ), (Delaware
    IP Law Blog    ),
  • Council on American
    Islamic Relations – CAIR asks Judge to throw out radio host, Michael
    Savage’s, copyright lawsuit over radio clips posted on CAIR’s website: (Electronic Frontier
    Foundation    ),
  • Crown Packaging Tech –
    Court finds Crown Packaging Tech’s patent claim invalid for lack of
    adequate written description in its case against Rexam Beverage Can Co: (Delaware IP Law Blog),
  • eSpeed – District Court
    denies eSpeed’s motion for judgment on grounds of patent unenforceability
    due to misuse in its case against Trading Technologies: Restrictive
    license agreements are not patent misuse: (Chicago
    IP Litigation Blog    ),
  • Fisher-Price – Icon
    Health & Fitness Inc. has sued Fisher-Price for patent infringement
    over technology that electronically simulates a mountain hike: (IPLaw360)
  • Fujitsu – Fujitsu and
    subsidiary launch suit accusing Tellabs of willfully infringing four of
    their patents relating to optical communications products: (IP
    Law360    ), (Fujitsu),
    (DailyTech),
  • Global Patent Holdings – Global
    Patent Holdings’ JPEG on a website patent is to be reexamined again
    following an ex parte reexamination request from an anonymous third party:
    (Patent
    Troll Tracker    ),
  • Google – Google settles
    patent dispute with Skyline Software Systems over Google earth: (IP
    Law360    ),
  • Halliburton – Appellate
    Judge affirms lower court’s dismissal of patent lawsuit brought by
    Halliburton against M-I due to vagueness of key term in the patent: (IP
    Law360    ), (IP
    Updates    ), (Patent
    Prosepector    ), (Peter
    Zura’s 271 Patent Blog    ),
  • Hasbro – Bogglific, an
    online version of Boggle, has been removed from Facebook following receipt
    of letter of demand from Hasbro: (IP
    Law360    ),
  • LTG – Finding acquired
    distinctiveness and substantial exclusivity lacking, TTAB cancels LTG’s registration
    for the color gold for fluorescent lamps: TTABlog),
  • Matsushita and Samsung
    have settled all ongoing patent infringement suits in the USA and Japan over semiconductor technology:
    (IPLaw360)
  • Microsoft – ITC
    determines Alcatel-Lucent infringed Microsoft’s patents covering devices
    that integrate telephones and computers: (IP
    Law360    ), (post covering litigation history between Microsoft and
    Alcatel-Lucent – Techdirt),
  • Microsoft – Non-documentation
    related sanctions imposed on Microsoft in its 2002 consent decree are extended
    until November 2009 due to non-compliance (John Carroll), (Ars
    Technica    ),
  • Microsoft – Microsoft
    settles mouse patent cases brought by F and G Research Inc: (Washington
    State Patent Law Blog    ), (IPLaw360),
  • N-Data – FTC stops N-Data
    from charging excessive royalities on standardized ethernet patents: (Patent
    Prospector    ),
  • Qualcomm –Federal Judge
    denies Qualcomm’s motion to stay an injunction prohibiting the company
    from importing and selling certain chips that infringe Broadcom’s patents:
    (IP
    Law360    ),
  • Rambus – Rambus has
    prevented its rivals from using the expression ‘patent troll’ in its
    dynamic random access memory chip patent case against Hynix, Samsung,
    Nanya and Micron: (IP
    Law360    ), (Patent
    Prospector    ),
  • Rambus – FTC opinion not
    allowed as evidence in patent infringement case between Rambus and Hynix,
    Micron and Nanya: (IP
    Law360    ), (Patent
    Prospector    ),
  • RIAA pushes to expand
    statutory damages provision of copyright law: (Ars
    Technica    ), (Techdirt),
    (Patry
    Copyright Blog    ),
  • RIAA sees a 99.6%
    capitulation rate from students at University of Tennessee
    facing copyright infringement action in connection with file-sharing: (Ars
    Technica    ),
  • RIAA chief: We don’t see
    a need for mandatory ISP filtering: (Ars
    Technica    ),
  • RIAA – Magistrate judge
    suggests Rule 11 sanctions against RIAA lawyers in Arista v Does 1-27:
    (Ars
    Technica    ), (Techdirt),
  • Samsung – ITC
    investigates imports of products containing LCD devices by Sharp in
    connection with a patent dispute between Samsung and Sharp: (Philip
    Brooks    ),
  • SDMK – SDMK launches
    patent infringement action against eight defendants over its patents
    relating to portable digital multimedia products: (IP
    Law360    ),
  • Sprint Nextel – Sprint
    Nextel commences patent infringement proceedings against Big River
    Telephone, Broadvox, NuVox, and Paetec Communications over VOIP technology:
    (Patent

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