IP Think Tank Global Week in Review – 11 April 2008

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 the Subscribe page: http://thinkipstrategy.com/subscribe/

Highlights this week included:


Global – General

Global – Trade Marks / Domain Names / Brands

Global – Patents

  • Discussion of Bessen and Meurer’s book ‘Patent Failure’: (IPBiz),
  • IP at AE Biofuels for ethanol: (IPBiz),
  • WIPO circulates links to amended PCT Regulations to take effect 1 July: (IPKat),
  • Procedure to kill a patent in the battlefield: (ezine@rticles)

Global – Copyright

  • International whisper campaign against fair use: (Techdirt)


  • 24th Sitka Symposium: ‘Gifts of nature, gifts of culture: Who owns the commons?’ – 18 – 22 June, US/Alaska: (Public Knowledge),
  • Center for IP 8th Annual IP Symposium – 28-30 May, Maryland US: (Public Knowledge),
  • University of Maastricht: Conference on public health, innovation and intellectual property – 15 April, Maastricht (Netherlands): (IPR-Helpdesk),
  • NLSIU Symposium: ‘Challenges to India’s patent regime’ – 12-13 April: (Spicy IP),
  • Anti-counterfeiting and brand protection conference – 28-29 May, Prague: (Rouse & Co International),
  • WIPO Summer School on IP – 11-22 August, South Korea: (IPR-Helpdesk)

Pharma & Biotech

Pharma & Biotech – General

  • Business Daily article ‘Attack on patent hurts the poor’ argues patients-not-patents campaigners making things worse for the poor: (Afro-IP),
  • Belgium: Patent exception proposal to allow export of generic pharmaceuticals to developing countries: (IPKat),
  • EU: ECJ to give guidance on Biotechnology Directive in Round Up case referred by District Court of The Hague: (IPEG)
  • South Africa: Pharma investment in South Africa – economic and regulatory climate survey: (IP finance),
  • US: Washington Post review – Big pharma’s takedown: (Against Monopoly),
  • US: BIO spent $6.6 million on lobbying efforts in 2007: (California Biotech Law Blog),
  • US: Myelofribrosis, CIRM, and patents: (IPBiz),
  • US: Court rules discovery in patent dispute between Human Genome Sciences and Immunex over type of protein that can be used to detect tumours can cover subjects beyond USPTO interference proceeding: (IP Law360)

Pharma & Biotech – Products

  • Actonel (Risedronate) – Proctor & Gamble files third suit against Teva alleging patent infringement: (IP Law360),
  • Actos (Pioglitazone) – US Supreme Court refuses to review appeals court decision upholding Takeda’s patent infringement claims, dashing Alphapharm’s hopes of soon launching a generic version of Actos: (IP Law360),
  • Celzentry (Maraviroc) – Natco applying for compulsory licence to manufacture Pfizer’s anti-AIDS drug for use in India and Nepal: (Spicy IP), (GenericsWeb),
  • Cipramil (Citalopram) – UK Court of Appeal – More than the patentee deserves? No problem…: Lundbeck A/S v Generics UK Ltd & Ors: (IPKat),
  • Exelon (Rivastigmine Tartrate) – Dr Reddy’s and Novartis settle Exelon patent dispute: (Therapeutics Daily),
  • GeneMaker – Codon Devices, Blue Heron Biotechnology settle patent suit over gene synthesis platform: (Patent Docs),
  • Glucophage (Metformin) – Depomed settles patent litigation against IVAX: (SmartBrief), (IP Law360), (GenericsWeb),
  • Lexapro (Escitalopram) – CAFC decision in Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc. turns law of declaratory judgment on its head: (Patent Docs), (Patent Baristas),
  • Mircera (Methoxy polyethylene glycol-epoetin beta) – Roche appeals preliminary injunction barring US sales of Mircera in patent infringement battle with Amgen: (Philip Brooks), (IP Law360),
  • Norvasc (Amlodipine) – Ranbaxy becomes first foreign generic company to develop a generic product independently outside Japan and receive authorization from MHLW-Japan: (GenericsWeb),
  • Oncophage – Antigenics announces first ever approval for personalized cancer treatment: (Patent Docs),
  • Orencia (Abatacept) – Bristol-Myers to pay $5 million plus royalties to settle patent dispute with Repligen and University of Michigan over Orencia: (IPBiz), (IP Law360),
  • Tarka (Tandolapril/Verapamil) – Sanofi, Abbott sue Glenmark for patent infringement over plans to launch generic version of Tarka: (IP Law360),
  • Topamax (Topiramate) – US CAFC upholds Ortho-McNeil’s Topamax patent in dispute with Mylan Laboratories and in companion case against Cobalt Pharmaceuticals: (Patent Docs), (IPBiz), (Patent Docs), (GenericsWeb),
  • Wellbutrin (Bupropion) – American Sales Company files proposed anti-trust class action against Biovail and GSK alleging the companies filed frivolous patent lawsuits to prevent a generic Bupropion reaching the market: (IP Law360)


  • Alleged South African fake Colgate surfaces in the US: (Afro-IP),
  • Malawi discusses legislation on access to State information: (Afro-IP),
  • Registered design protection in South Africa: (Afro-IP),
  • Zambia opposition practice: extensions of time to file oppositions: (Afro-IP),
  • Gambia: Industrial Property Act now in force: (Afro-IP),
  • Fake ‘CE’ toys on sale in South Africa: (Afro-IP)


  • Importance of trade mark registration highlighted as MONSTER ENERGY case dismissed: (Australian Trade Marks Law Blog),
  • Record domain name sale prices mask a reality: (Dilanchian),
  • Giving project homes companies big fat monopoly on new design concepts: Metricon Homes v Barrett Property Group: (LawFont.com), (IPwar’s),
  • Australian police: cracking down on piracy… except when the police are the pirates: (Techdirt),
  • Trade mark registration for Realestate.com.au: (IP Down Under),
  • How to speed up processing of your Australian or US patent application: (Mallesons Stephen Jaques)



  • Opposition and expungement proceeding info added to CIPO’s online database: (Canadian Trademark Blog),
  • DFAIT launches consultation on Anti-Counterfeiting Trade Agreement: (Michael Geist),
  • Trade mark resemblance, not confusion, required: Enterprise Rent-A-Car Company v David Bedford: (ipblog.ca),
  • New ‘administrative process’ under domain name registry WHOIS policy: (ipblog.ca),
  • Scotch Whisky Association wins trade mark battle against distillers of GLEN BRETON single malt whisky: (Canadian Trademark Blog),
  • BC government uses copyright to block access to information: (Michael Geist),
  • Fair dealing reform a key innovation policy priority: (Michael Geist),
  • World Economic Forum ranks Canada ahead of US in IP protection: (Michael Geist)


  • Patent infringement conflict between Netac Tech Co and Texas PNY Tech settled out of court: (IP Dragon),
  • Beijing Olympics or bust: WCO and government join forces on counterfeit goods: (International Law Office),
  • Labels seek billions in damages from Baidu and Sogou for making illegal downloads available: (Ars Technica), (Against Monopoly), (IP Law360)


  • Martime and Commercial Court rules in Holmegaard v Erik Bagger trade mark dispute: (International Law Office),
  • Messy management of licenses cost – Bjarne Ingels Group fined DKK 1.2 million for using pirated software: (Innovationpartners)



  • French seek to register AIL BLANC DE LOMAGNE as PGI for garlic: (Class 46),
  • Why RIAA may want to side with open source developers in France: (Techdirt)


  • German subsidiary of 3M files patent infringement suit against Giolite-Lumian Co over reflective trim used on firefighting equipment: (IP Law360),
  • Spam mail and trade mark law: (Class 46),
  • Bundesgerichtshof Windsor Estate trade mark infringement ruling: (Class 46),
  • Thor Steinar to face trade mark infringement law suit over use of Norwegian flag on clothing: (Class 46),
  • Bundespatentgericht: ‘My World’ case – examination of distinctiveness of word trade marks in light of conflicting requirements: (Class 46),
  • Bundespatentgericht references to ECJ in BILB.T-ONLINE and ZVS Zeitungsvertrieb Suttgart GmbH: (Class 46)


Isle of Man

  • PDO registration secured for ‘Man Manx Loaghtan Lamb’: (Class 46)


  • Google Ad-words – an Israeli perspective: (IP Factor)


  • IP enforcement enhanced through establishment of specialized bodies: (Class 46),
  • Supreme Court upholds trade mark infringement finding against Teleco in its battle with Telecom Italia Mobile: (Class 46)


  • Japanese Supreme Court equivalents test after 10 years: (Hal Wegner),
  • Securitising patents – Trust law provides fresh route in Japan: (IP finance)



New Zealand


  • Scypek used for cheese – almost like Oscypek PDO: (Class 46)


  • Application lodged for protection of ‘San Simón da Costa’ as a protected designation of origin for a type of cheese: (Class 46)



  • Village of Champagne, Switzerland not permitted to use its name as the name is reserved for wine from French region of Champagne: (Against Monopoly)

United Kingdom

  • Patentability of software – more canon fodder: Symbian Ltd v Comptroller General of Patents: (Spicy IP),
  • Google changes its trade marks policy in UK and Ireland: (IPKat), (Out-Law), (IAM), (Trademark Blog),
  • Application lodged for GI registration of MELTON MOWBRAY PORK PIE: (IPKat), (Class 46),
  • Fight brewing between UK ISPs, labels on disconnecting file-sharers; Virgin denies reports that it will kick file sharers offline: (Ars Technica), (Techdirt), (Techdirt), (Out-Law),
  • Court of Appeal awards Gary Brooker sole royalty rights to hit song ‘Whiter shade of pale’ because song coauthor was too late in making his claim: (Against Monopoly), (IPKat), (BriefBlog), (Patry Copyright Blog), (IPwar’s),
  • Trade mark troll attacks small businesses in Scotland: (Class 46), (IPKat),
  • Plans to jail personal data thieves shelved: (Out-Law),
  • UKIPO hits 5 year peak in customer satisfaction, according to survey: (IPKat)

United States

US General

US Patent Reform

  • Department of Commerce sends Senators second letter on Patent Reform Bill: (Patent Docs), (IP Law360), (Patent Docs),
  • Hilary Clinton’s short take on Patent Reform Bill: (Patent Prospector),
  • Last call to voice your opposition to applicant quality submission provision: (Patent Docs),
  • The ‘AQS’: Destruction of the patent system: 85% failure rate: (Hal Wegner),
  • Leahy s 1145, the AQS: Is Dudas cooking the books?: (Hal Wegner),
  • Secretary of Commerce and Hal Wegner on applicant quality submission provision: (Patent Prospector),
  • Patent reform 2008 unlikely to grant USPTO substantive rulemaking authority: (IPBiz),
  • What variant of s 1145 will Reid put before the Senate?: (IPBiz),
  • George Bush to save US from patent deform?: (IPBiz),
  • Not happening – progress of S 1145: (Patent Prospector),
  • Patent reform – mystery surrounding Senate amendments (PLI),
  • Coalition for Patent Fairness hires former Senators Trent Lott and John Breaux and former House Minority Leader Richard Gephardt to help lobby for patent reform: (Tech Daily Dose), (Patent Prospector),
  • Politico missing points on patent reform? – Discussion of Chris Frates’ article ‘Patent reform contest heads to Senate floor’: (IPBiz),
  • Hillary Clinton in Pennsylvania on patent reform: (IPBiz),
  • Stupiderest patent reform provisions: (Patent Baristas),
  • POPA President Robert Budens on the real deal (with the PTO): (Patent Prospector), (IAM),
  • Sen Specter withdraws support for s 1145 over damages apportionment: (Patent Prospector), (IPBiz), (IPBiz),
  • Cracks forming in the passage of Patent Reform Act: (Peter Zura’s 271 Patent Blog),
  • David Boundy rails against USPTO rule changes: (Patent Prospector),
  • Sen Jeff Sessions drops support for provision exempting banks from paying damages for infringement of ‘Check 21’ patents: (Patent Prospector),
  • Professional Inventors Alliance lobbies against Patent Reform Bill: (Against Monopoly),
  • Tafas verdict is a setback for Patent Office: (IP Law360),
  • GSK submits additional comments on PTO proposed rules regarding alternative language claims: (PLI)

US Patents

  • Litigators recommend that Eastern District of Michigan adopt local rules for patent cases similar to those in effect in Eastern District of Texas: (Patent Prospector),
  • If I were the Dude… – steps for putting the patent system back in order: (Patent Prospector),
  • Figure of speech – Examination costs cited by Jon Dudas: (Patent Prospector),
  • George Washington University business students to offer suggestions for clearing USPTO backlog: (PLI),
  • The chameleon-like nature of positions of IP professors on patent grant issue: (IPBiz),
  • One year later, prosecutors come to grips for KSR: (IP Law360),
  • Rating USPTO examiners anonymously: (Securing Innovation),
  • 2007 – ‘Annus horribilis’ for plaintiffs’ patents cases at trial: (EDTexweblog.com),
  • Ocean Tomo’s record-breaking patent auction: (Peter Zura’s 271 Patent Blog), (Patent Prospector), (IAM),
  • PTO pilot program allowing students to gain experience in IP law: (Patent Prospector),
  • Patent Attorney inadvertently explains why design patent are often unnecessary: (Techdirt),
  • AIPLA releases latest Model Patent Jury Instructions: (Peter Zura’s 271 Patent Blog),
  • As patent trials get shorter, numbers may go up: (IP Law360),
  • Report for Washington State patent cases: March 2008: (Washington State Patent Law Blog),
  • PatentCafe – patent quality reports analyse patents in cases decided by the Federal Circuit: (Philip Brooks),
  • Who at the USPTO will fix inter partes reexaminations?: (Peter Zura’s 271 Patent Blog),
  • Design patent protection: moving to centre stage in the judicial system: Saint-Gobain and Egyptian Goddess cases: (Hal Wegner),
  • The case for and against software and business model patents: (Techdirt)

US Copyright

  • Poshard and the unintentional plagiarism trend: (IPBiz),
  • Does s 301 mean that state courts can’t hear issues in which adjudication an issue under the Copyright Act is raised?: (Patry Copyright Blog),
  • Awarding attorneys fees: Are copyright lawyers worth more than other lawyers?: (Patry Copyright Blog)

US Trademarks

  • Internet marketer tries to trade mark SEO (generic acronym for ‘search engine optimisation’): (Techdirt)

US – Companies / Entities

  • Agrizap – CAFC holds that strong prima facie case of obviousness not overcome by secondary indicia of non-obviousness: Agrizap v Woodstream: (Post-Grant),
  • Akira – Patent assignment must be in writing; but some transfers are not assignments: Akira Akazawa v Link New Tech: (Patently-O), (IPBiz),
  • Aloft Media – Aloft sues 10 companies, including Honeywell and Brookstone, over weather patent: (IP Law360),
  • Apple – Apple challenges NYC & Co to trade mark logo for GreeNYC environmental campaign: (Ars Technica), (Against Monopoly), (IP Law360), (Trademark Blog),
  • Applera – Judge denies Applera and Illumina’s bids for summary judgment in their ongoing patent dispute: (IP Law360),
  • Arminak & Assoc – Relitigating Gorham v White: Design patents at the Supreme Court: Saint-Gobain Calmer (now MeadWestvaco Calmer) v Arminak & Associates: (Patently-O), (Hal Wegner),
  • Axiom – Court vacates injunctions against Axiom in trade mark and false advertising suit brought by North American Medical Corp: (IP Law360),
  • Barnes & Noble – Means plus function structure may be inferred by one of ordinary skill: Card Activation Techs v Barnes & Noble: (Chicago IP Litigation Blog),
  • Baxter International – Dialysis machine sales halted in patent dispute between Baxter International and Fresenius Medical Care: (IP Law360),
  • Becton Dickinson – Becton Dickinson wins ruling over two Abbott glucose strip patents: (IP Law360),
  • Bilski – Amicus briefs filed in Bilski case: (list of non-parties who submited briefs and links to briefs – Patently-O), (AIPLA brief –Washington State Patent Law Blog), (American Civil Liberties Union – PLI), (Reserve Capital Management Corp, PCT Capital, Rearden Capital Corp and Sales Optimisation Group – Philip Brooks), (ACLU, EFF and End Software Patents – Ars Technica), (Public Knowledge, Consumers Union and EFF – Public Knowledge), (IP Law360),
  • Biomedical Patent Management Corp – Eleventh Amendment immunity questions for consideration of the Supreme Court in Biomedical Patent Management Corp v California Dept of Health Services: (Patently-O),
  • Breakwater Trading – Trade secrets misappropriation case dismissed for plaintiff’s litigation misconduct: Breakwater Trading, LLC v Maslin: (Chicago IP Litigation Blog)
  • CalAmp – CalAmp, iMetrik settle car-tracking patent dispute: (IP Law360),
  • Craigslist – Craigslist issues legal threats against blogger over trade mark infringement: (Ars Technica),
  • ev3 – ev3 agrees to pay $11.7 million to University of California to settle aneurysm treatment patent dispute: (IP Law360),
  • Facebook – Facebook settlement deal with fellow Harvard graduates and founders of ConnectU who claim Mark Zuckerberg stole the idea for Facebook from them: (IP Law360), (Patry Copyright Blog),
  • Faulkner Press –Textbook publisher Faulkner Press files copyright infringement lawsuit against Class Notes (dba Einstein’s Notes), a lecture note-taking service: (Techdirt), (Ars Technica), (IP Law360),
  • Ford – Traffic navigation unit inventor Adamasu Gebre sues Ford, General Motors and Samsung for patent infringement: (IP Law360),
  • Fujitsu – Judge stays Nanya Technology Corp’s declaratory judgment counterclaims in DRAM patent infringement dispute with Fujitsu: (IP Law360),
  • Google – CAFC overturns final judgment in Google’s favour in case brought by Leo Stoller who seeks to have Google’s trade mark declared generic: (IP Law360), (Trademark Blog),
  • Google – Appeals Court hears arguments in trade mark case brought against Google by Rescuecom over Adwords: (Ars Technica),
  • Hyundai – Hyundai loses bid to nullify $34 million patent ruling in Orion’s favour, court finds no inequitable conduct: (EDTexweblog.com),
  • IBM – Asustek Computer, which is being sued by IBM for patent infringement, has fired off its own lawsuit claiming IBM is infringing its patents for remote storage and modulized server technology: (IP Law360), (IPBiz),
  • IBM – IBM patents road traffic congestion pricing: (Against Monopoly), (Techdirt),
  • Intel – Philip Jackson files patent suit against Intel over phone control device: (IP Law360),
  • JP Morgan – JP Morgan sues Affiliated Computer Services over child support payment patents: (IP Law360),
  • LifeNet – Court denies Musculoskeletal Transplant Foundation’s bid for a new trial, upholding $18 million verdict in LifeNet patent case: (IP Law360),
  • Lockheed Martin – EFF defends John MacNeill who had digital images of military aircrafts removed from TurboSquid after Lockheed Martin claimed the images infringed their B-24 trade mark: (Electronic Frontier Foundation), (Innovationpartners),
  • Lucas – George Lucas, creator of Star Wars films, and Andrew Ainsworth, prop designer, battle over who owns copyright in Star Wars outfits: (IP finance), (Trademark Blog), (Patent Librarian’s Notebook),
  • Luma – CAFC delves into prosecution history and affirms summary judgment of noninfringement in Luma v Stryker: (Hal Wegner), (Patent Prospector), (IP Law360),
  • Mattel – Mattel and RealNetworks create official version of Scrabble for Facebook to tackle Scrabbulous, an unauthorized version of the game: (Techdirt),
  • McQueen – Heirs of Steve McQueen go to Manhattan court of stop apparel manufacturer, Belstaff USA Corp, from using his name and likeness to promote products without their consent: (IPKat),
  • Microsoft – Challenging patent validity: Microsoft asks Supreme Court to reduce ‘clear and convincing’ standard: Microsoft Corp v z4 Tech: (Patently-O), (Patent Prospector), (Techdirt),
  • Microsoft – Jury orders Microsoft to pay $367.4 million to Alcatel-Lucent for infringing two patents: (IPBiz), (Washington State Patent Law Blog), (Patent Prospector), (IP Law360),
  • Monster Cable Products – Judge keeps fraud claims in trade mark suit brought by Audiovox Corp against Monster: (IP Law360),
  • N-Data – In public comment to FTC, Dell claims FTC should have N-Data claims further: (IP Law360),
  • O2 – Appeals Court vacates judgment and remands for district court to construe ‘only if’ in patent case O2 Micro Int’l Ltd v Beyond Innovation Tech: (EDTexweblog.com), (Patent Prospector), (Patently-O),
  • Oracle – After reexamination confirms patent claims, Software Tree sues Oracle for infringement of programming technology: (IP Law360),
  • Pitchware – Pitchware sues CareerBuilder, Monster and others claiming infringement of its patent relating to online resume posting: (IP Law360),
  • Realtek – Jury awards 3Com $45M, finding Realtek infringed four of its network interface card patents: (IP Law360),
  • Ren Judkins – CAFC rules that patent owners have the right to warn customers that products they buy may be infringing: Ren Judkins v HT Window Fashion: (IP Law360),(Patent Prospector),
  • RIAA – Recent ‘making available’ cases Atlantic v Brennan, Elektra v Barker, and London-Sires v Does may not stop RIAA legal threats: (Ars Technica),
  • RIAA – EEF file brief in federal court on behalf of eBay seller Troy Augusto, defending his right to resell promotional CDs in action brought by Universal Music Group; UMG/RIAA argue throwing out a promotional CD amounts to unauthorized distribution : (Electronic Frontier Foundation), (Electronic Frontier Foundation), (Techdirt), (Ars Technica),
  • RIAA – Courts considers lawfulness of MediaSentry’s role as private investigator for RIAA in LaFace Records v Does 1-5 and Atlantic v Boyer: (Ars Technica),
  • RIM – RIM tries to block Twitter’s trade mark application for TWITTER: (Techdirt),
  • Roscoe’s Chicken & Waffles – Trade mark dispute between Roscoe’s House of Chicken ‘n Waffles and Rosscoe’s House of Chicken and Waffles partially resolved with the latter changing its name to Chicago’s Home of Chicken and Waffles: (Chicago IP Litigation Blog),
  • Samsung – Judge won’t toss Samsung DRAM patent suit against ON Semiconductor Corp: (IP Law360),
  • SCO Group – Stephen Norris Capital Partners changes plans to buy SCO’s stock and underwrite its ongoing trade mark and licensing litigation: (IP Law360),
  • Seoul Semiconductor – Seoul Semiconductor loses bid for new trial in LED patent suit against Nichia Corp: (IP Law360),
  • Trans USA Products – Court holds that non-trade mark owner can make trade mark counterfeiting claim but not false advertising claim: Trans USA Products, Inc v Howard Berger Company, Inc: (43(B)log),
  • Tyco – Common law claims of tortious interference and unjust enrichment tossed from patent suit brought by Elbex Video against Tyco: (IP Law360),
  • Vascular Solutions – Vascular, Diomed settle vein treatment patent suit: (IP Law360),
  • Wal-Mart – Wal-Mart learns painful copyright lesson: Flagler Productions, contracted to film Wal-Mart employees, releases videos to public: (Patry Copyright Blog), (Techdirt),
  • Watson – PTO issues third non-final interpartes reexam decision in Watson v Hendrickson affirming part, reversing in part and entering new ground of rejection: (Hal Wegner),
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