IP Think Tank Global Week in Review – 14 December 2007

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

Highlights this week included: the ever growing controversy over the
proposed DMCA in Canada, Danone losing the trade mark dispute in China with
Wahaha, Pfizer’s Indian patent success with Selzentry, GSK’s Indian failure
with Ziagen, EPC2000 coming into effect and the US Supreme Court to review the
doctrine of patent exhaustion.

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


  • Importance of IP for
    development in least developed countries to be emphasized at WIPO forum: (WIPO)
  • Beware of counterfeit
    software in retail: (ArsTechnica)
  • Have Europe and Japan
    rejected the approach to continuations proposed (now paused) by the
    USPTO?: (Holman),
  • Will Macrovision’s acquisition
    of Gemstar result in a more aggressive IP Strategy in future?: (IPEG),
  • ISPs, what’s a patent
    worth, climate change and IP audit mistakes: (StrategicIP),
  • Patent trolls – the pot
    calling the pot black: (IPEG),
  • Nokia’s new music service –
    sensible DRM?: (IMPACT),
  • Phishing damages your
    reputation and your brand – don’t allow it: (IPThinkTank)
  • What does it mean to be
    Pro-IP?: (Patry),
  • US and Canada open trial patent
    prosecution highway: (IPMenu)
  • Champerty – another defence
    to a ‘troll’ attack?: (IPThinkTank),
  • Disparities in developing
    countries TRIPS implementation: (IPWatch),
  • Thinking about IP: (Patent
  • Are you willing to increase
    IP Liquidity (and the size of the market)?: (IPThinkTank),
  • Game changing innovation,
    patent strategy and company size: (IPThinkTank),
  • Has a change to
    service-based business changed IBM level of aggression in IP disputes?: (Patent




  • Caduet
    (atorvastatin calcium/amlodipine besylate) – Pfizer wins dismissal of
    Ranbaxy’s counter claims in patent action: (Orange
    Book Blog
  • Crestor
    (Resuvastatin) – AstraZeneca files 7 ANDA patent suits: (IPLaw360),
  • Depakote
    (Valproate semisodium or divalproex sodium) – Abbott sues Zydus
    for infringement of 4 patents: (IPLaw360),
  • Erbitux
    (Cetuximab) – ImClone and
    Sanofi-Aventis Settle Patent Litigation with Yeda Research and Development
    Corporation: (Bio
  • Exubera (Inhalable insulin)
    – Novo Nordisk settles patent infringement suit with Pfizer: (Bio
  • Glivec / Gleevec (Imatinib)
    – Call to boycott Novartis products until the drug manufacturer withdraws
    its patent action before the IP Appellate Board: (Spicy
  • Lipitor (Atorvastatin) –
    Pfizer sues Cobalt in ANDA litigation: (IPLaw360),
  • Reyataz (Atazanavir) –
    Novartis pursues divisional patent application in India after refusal of parent:
    Pharmaceuticals & IP
  • Selzentry (Maraviroc) –
    Pfzizer gets Indian patent for HIV / AIDS treatment: (Generic
    Pharmaceuticals & IP
    ), (Eye
    on FDA
    ), (Spicy
  • Trizivir (abacavir, zidovudine and lamivudine) – GSK drops
    patent claims in India:
  • Valcyte (Valganciclovir) – Lawyers
    Collective [LC], a Mumbai-based
    NGO, and CIPLA set to oppose grant of key patent in India: (Generic
    Pharmaceuticals & IP
    ), (Spicy
  • Ziagen (Abacavir) – GSK
    drops patent claims in India:






  • European Patent Convention
    2000 comes into effect 13
    December 2007: (BLOG@IP::JUR),
    US IF YOU CAN!!!
    ), (IMPACT),
  • New OHIM guidelines on
    opposition, cancellation and international marks: (CATCH
    US IF YOU CAN!!!
  • EU considering allowing
    look-alike car parts: (The
    IP Factor
  • Council of Europe considering whether to negotiate a convention
    to protect broadcasters’ signals against piracy, WIPO failed earlier this
    year: (IPWatch),
  • Philips spearheads move to
    create (European) Intellectual Property Owners Association: (IAM),
  • Amazon ‘gift order
    patent’ revoked by the EPO Opposition Division: (IPKat),


  • Computer printers not
    liable for copyright levy, rules BGH: (IPKat),


  • An Indian DMCA?: (Spicy IP),
  • Need for an IPR Bench, says
    Madras HC Chief Justice Shah: (Spicy
  • CTRI, Guntur gets patent for tobacco medicine:
  • “Technology” solution for
    parallel imports?: (Spicy
  • Bringing about
    compatibility between TRIPS and the CBD: (Spicy
  • Is India the exception to the
    patent rule?: (IAM),



  • Switzerland to introduce
    regulation for patent attorneys: (BLOG@IP::JUR)

United Kingdom

  • 2007 Annual IP Crime Report
    released by UK-IPO: (BLOG@IP::JUR),
  • Patents Act 2004
    (Commencement No. 4 and Transitional Provisions) Order 2007
    has been
    published in order to put in place the final batch of changes to the UK Patents
    Act 1977
    made by the Patents Act 2004: (IPKat)

United States

  • United States Supreme Court
    to clarify patent exhaustion doctrine in Quanta Computer, Inc v LG
    Electronics, Inc
    : (Intellectual
    Property Law Blog
    ), (Patent
    Troll Tracker
  • Tafas & GSK v USPTO –
    Tafas challenges no discovery ruling in Continuation Rules case: (PLI),
  • Copyright Office probes
    whether ‘phantom signals’ could unreasonably inflate royalty rates: (IPLaw360)
  • No life after death, but
    plenty of publicity rights –  California’s
    Senate Bill No. 771 regarding posthumous protection for rights of
    publicity was signed into law on 10 October: (IPKat)
  • Willfulness – ED Texas
    examines whether opinions of counsel are irrelevant: (Peter
    ), (Generic
    Pharmaceuticals & IP
  • Deterrence and the Jammie
    Thomas copyright case: (IPCentral),
  • Head of the U.S. House
    Judiciary Committee has proposed a bill that aims to get tough on
    copyright and trademark infringement by shifting more resources toward
    federal enforcement of intellectual property laws: (IPLaw360),
  • Patent Quality and Patent
    Quantity: (Gathering2
    – Sharon
  • November patent troll
    summary: (Patent
    Troll Tracker
  • Design Patent Claim
    Construction: (Patently’O),
  • Will copyright reform come
    before patent reform: (Chicago
    IP Litigation Blog
    ), (ArsTechnica)
  • House committee hears the
    cons of the PRO-IP Act: (ArsTechnica),


  • Alcatel-Lucent –
    judge refuses to halt trial in suit against Dell and Microsoft:
  • Amazon list of more
    than two dozen technology giants in patent suit over digital
    music-management patents by Premier International Associates: (IPLaw360),
    State Patent Law Blog
  • Applied Medical
    clears Seagate test in Tyco case: (IPLaw360),
  • Aristocrat – CAFC to
    Decide Important Revival Case: Aristocrat v. IGT: (Patently’O),
  • Bard – W. L. Gore
    & Associates Inc. held to have willfully infringed rival C.R. Bard
    Inc.’s patent on a type of prosthetic blood vessel graft, company to pay
    damages of $185 million: (IPLaw360),
  • Depomed secures summary
    judgment against Ivax in its patent dispute regarding its AcuForm
    controlled-release drug delivery technology: (IPLaw360),
  • Dell and Motion
    Computing hit with patent infringement suit by Typhoon Touch: (IPBiz),
  • EBay vows fight over
    final judgment in patent suit against MercExchange: (IPLaw360),
  • Google  / YouTube LLC denied request for
    stay of Antor Media Corp.’s infringement case over data
    transfer technology pending a re-examination of the underlying patents: (IPLaw360),
  • Invitrogen Corp.
    settled a lawsuit by rival Genetic Applications over a
    patent related to the introduction of DNA into the nucleus of living
    cells: (IPLaw360),
  • Labcorp – Injunction
    Lifted In Metabolite Case Against LabCorp: (IPLaw360),
  • Microsoft resolves
    patent dispute with Peter Sklar: (Washington
    State Patent Law Blog
  • Motorola Inc., Sprint
    Nextel Corp., Verizon Wireless and T-Mobile USA
    accused of patent infringement by Digital Technology Licensing: (IPLaw360),
  • Nokia keeps ‘edge’
    in ITC handset battle with Qualcomm Inc: (IPLaw360),
  • Nokia, Samsung
    accused by Interdigital of infringing new 3G patent : (IPLaw360)
  • Qualcomm – great
    summary of history of the company and IP Issues: (Patent
  • Sharp has added two
    new defendants and a new patent to a lawsuit that was originally filed
    against HannStar Display Corp. and two of its affiliates: (IPLaw360),
  • Sharp Brings New LCD
    Patent Suit Against Samsung: (IPLaw360),
  • Sony
    – Judge Won’t Let Intervoice Off
    Hook In Sony Suit: (IPLaw360),
  • Time Warner, Comcast Cleared In VOD
    Patent Suit: (IPLaw360),
  • Thomas
    Weisel Partners securities research subscription service has sued
    French banking giant BNP Paribas for allegedly poaching one of its
    most valuable employees – and trade secrets: (IPLaw360),
  • Verizon settles
    patent dispute with inventor, but Verizon subsidiary still in the firing
    line: (IPLaw360),
  • Verizon hit with
    copyright suit by Software Freedom Foundation over GPL: (ArsTechnica),


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