IP Think Tank Global Week in Review – 16 November 2007

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

Big news this week included: Kamil Idris to leave WIPO, AT&T’s plans to install filtering software, pharmaceutical posology patents invalid in Germany, Canadian Supreme Court Justice critizes the controversial and famous Schmeiser case, Lego loses a trade mark case at home, recycling held to be patent infringement in Japan, the UK High Court to hear a software patentability case, Rowlings gets her preliminary injunction, and Google sued by NorthEastern University.

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://thinkipstrategy.com/subscribe/

Global

• Embattled WIPO leader, Kamil Idris to go (eventually): (IPKat), (IAM), (IPBiz),
• USPTO, EPO and JPO to sign memorandum of understanding (MOU) on patent applications: (IP Watch),
• WIPO Advisory Committee on Enforcement examines Criminal Penalties for IP breaches: (WIPO), (IPR-Helpdesk),
• Compendium of Patent Statistics, a recent OECD publication (uses a whole host of figures from a number of patent offices): (IAM), (OECD),
• This week’s World Health Organization meeting on intellectual property,
  innovation and public health appeared to reach preliminary agreement
  Friday on principles establishing that IP rights should not negatively
  impact public health and should fit with the needs of developing
  countries: (IP Watch),
• Open Innovation & Open Source: (IPCentral),
• Cory Doctorow has a new column up on Locus Online discussing “the fundamentals of using CC licenses: (Creative Commons), (IPLawDaily),
• Intellectual Ventures prepares for global expansion: (IAM), (Against Monopoly), (SpicyIP), (Patent Prospector), (WSJ),
• MTV & Rambus – get your positioning right when aggressively asserting IP: (IP Think Tank),
• Digital Rights Management (DRM)-Free Music Outsells Protected Songs Four to One: (Michael Geist), (arstechnica),
• Established and emerging IP Business Models: (Patent Troll Tracker), (Peter Zura), (IPBiz),
• Patent Uncertainty and Patent Academy: (IP Think Tank),
• Technology & IP Strategy – Block, Run, Team-Up or all 3? (IP Think Tank),
• A Timeline of YouTube Litigation: (MTTLR),
• IP Strategy and public relations – RIAA’s (hollow?) victory in the Jammie Thomas case: (IP Think Tank),
• Garmin Corp. and TomTom Inc., have called a truce in their worldwide
  patent war over GPS systems, settling all their litigation in the United States, United
  Kingdom and the Netherlands: (IPLaw360),
• AT&T’s plan to placate Hollywood by adding antipiracy technology to its network: (IPLawDaily),
• Ocean Tomo announces results of auction held in late October: (PatentDocs),
• Technology Patents LLC has filed a lawsuit against 131
  companies worldwide alleging infringement of patents relating to text messaging: (arstechnica),

Pharma

• Why foreign pharma move to China: (China Hearsay),
• Hatch-Waxman tracker update: (Orange Book Blog),
• Boniva (Ibandronate) – Orchid alleges invalidity of 2 Roche patents: (IPLaw360),
• Carvedilol – Germany’s highest court, the Bundesgerichtshof invalidates method of treatment (posology) claims as not patentable subject matter: (IPEG),
• Stalevo (Entacapone) – Orion Corp started a patent infringement suit
  against Sun Pharmaceuticals Industries Ltd. for taking steps to sell a
  generic version of this Parkinson’s disease treatment: (IPLaw360),
• Patanol (Olopatadine hydrochloride opthalmic solution) – Alcon sues Barr in Delaware: (Generic Pharmaceuticals & IP),
• Altace (Ramipril) – Cobalt looks set to launch notwithstanding settlement with King: (Generic Pharmaceuticals & IP),
• Effexor (Venlafaxine) – Wyeth sues Wockhardt in the US over capsule ANDA (after giving Sun covernant not to sue on tablet): (Generic Pharmaceuticals & IP),
• Stalevo (carbidopa/ levodopa/ entacapone – Orion sues Sun in Para IV litigation over formulation patent: (Generic Pharmaceuticals & IP),

• Precose (Acarbose) – Cobalt Pursues “Belt & Suspenders”
  Approach with Generic Acarbose; Files Declaratory Judgment Action to
  Preclude ‘769 Patent Orange Book Delisting: (FDALawBlog),

• Zyprexa (Olanzapine) – Actavis launches in Germany in light of court: (ABN), (FDANews),
• Norvasc (Amlodipine) – Korea – Intention to market is sufficient to prove patent infringement: (dreamdrug),

Australia

• IP Research Institute of Australia (IPRIA) releases report on Australian business and IP in China: (IPWars),
• Comparing Australian & New Zeland trade mark prosecution: (IPWars),
• Copyright Council’s views on Futuretronics’ successful claim of copyright infringement against its
  former supplier of adhesive covers for iPods, mobile phones and the like: (IPWars),
• Should Australia join negotiations on the plurilateral anti-counterfeiting treaty?: (LawFont),

Brazil

• Brazil pays the price for compulsory licensing: (IAM), (Generic Pharmaceuticals & IP),

Canada

• The Chronicle reports that Honourable Mr. Justice Michel Bastarache, of the Supreme Court of Canada, criticized that court for the 2004 decisions in the Monsanto Canada Inc. v. Schmeiser case, which he said implies that a higher life form is patentable: (Now Why Didn’t I Think of That?),
• Access Copyright is suing retailer Staples/The Business Depot for copyright infringement: (Now Why Didn’t I Think of That?), (Michael Geist),

China

• Warner Bros and Paramount market $3 DVDs in China: (China Hearsay), (China Law Blog),
• Fascinating paper on the realities of China IP Piracy: (China Hearsay),
• More on debunking the myths about IP law in China: (China Law Blog), (China Business Law Blog),
• Administrative actions in Chinese Patent disputes: (Experience not logic),
• US Trade Representative’s latest report on China and IP: (China Hearsay),
• Official China IP Law toolkit.
• Top ten signs that your China JV is in trouble: (China Hearsay),
• Have Fashion Labels asked for Fakes?: (IP Dragon),
• What has labour contract law in China got to do with IP?: (IP Dragon),
• Adidas-Salamon AG recently won a suit for unfair competition in China against two Chinese footwear manufacturing companies: (Post Grant Opposition),
• Patent litigation in China: (Ladas & Parry), (Philip Brooks),

Denmark

• Lego loses trade mark case at home in Denmark: (IPFactor),

Europe

• The battle for Magenta and colour marks in Europe: (IPKat), (richlicki),
• EPO Board of Appeals cases database updated: (EPO),
• Will the EU Community Patent get a final chance?: (BLOG@IPR::JUR),
• New Lugano Convention on jurisdiction and enforcement of judgments in civil and commercial matters has been signed: (IPR Helpdesk),
• Copyright and London Art Galleries: (Patry),
• Portuguese EU Presidency has issued a document titled
  “Enhancing the patent system in Europe”: (BLOG@IPR::JUR)

Germany

• Canon has won the day in the highest appeal court in its dispute with alternative supplier Pelikan over one of its ink cartridge patent: (heise),
• German copyright law stops fanfiction film made by WarHammer (onlne game) fans: (IBLS)

India

• SpicyIP Petition: Request to make Indian Patent Information Public: (SpicyIP),

• Geographical Indications as a tool towards socio-economic development: (SpicyIP),

• Madras High Court allows Indian Patent Appeals Board (IPAB) to sit without technical member in Novartis Glivec case: (SpicyIP),

Israel

• Virgin for candles not registrable due to Virgin Enterprise’s pre-existing reputation: (IPFactor),

Japan

• Japanese Supreme Court has upheld a High Court Grand Panel ruling that states that the sale of recycled ink cartridges constitutes patent infringement (no exhaustion of patent rights): (IPFactor),
• Japan copyright group allows uploading music on YouTube: (contentagenda),

Korea

• Intention to market is sufficient to prove patent infringement: (dreamdrug),

Netherlands

• Dutch court had tossed a complaint filed against it by rival Nokia
  Corp. alleging that some of its European patents relating to cell phone
  chips were exhausted: (IPLaw360),

Portugal

• Portuguese EU Presidency has issued a document titled
  “Enhancing the patent system in Europe”: (BLOG@IPR::JUR)

United Kingdom

• More changes to the UK Patents Act: (IPKat),
• UK HIgh Court to hear appeal in software case – (Astron Clinica & others): (IPKat), (OUT-LAW), (IPLaw360),

United States

• Rowling gets injunction against Harry Potter Lexicon: (arstechnica),

• New bill would punish colleges, students who don’t become copyright cops: (IPKat), (arstechnica),

• More on the fall-out from the USPTO Continuation Rules Injunction case: (PatentDocs pendancy), (PatentDocs co-owned), (PatentDocs Deferred Exam), (Patent Docs Accel Exam), (Help prepare the reply brief at wikibrief), (PLI),
• Federal Circuit handed U.S. Filter Corp. a victory on Wednesday when it
  ruled that one of the patents Zenon Environmental Inc. had sued it over
  was anticipated: (IPLaw360),
• Vonage and AT&T likely to settle: (IPBiz),
• The Federal Trade Commission (FTC) and IP: (Philip Brooks),
• Patent trolls and the Eastern District of Texas: (Patent Troll Tracker),
• Seoul Semiconductor Co. Ltd. found guilty of willfully infringing four Nichia Corp. light-emitting diode design patents (damages just $62): (IPLaw360),
• Youtube Inc. has appealed the decision of a district court to let
  Robert Tur, a journalist who sued the company for posting a video he
  shot, drop his case and join a larger class action: (IPLaw360),
• Google sued by NorthEastern University for patent infringement for search technology: (IPBiz), (OUT-LAW), (arstechnica),

• CAFC Reaffirms that Doctrine of Equivalents Applies to Ranges: (Patently’O),

• RIAA’s $220,000 judgment against Jammie Thomas in first of 26000 file sharing suits to go to trial: (Wired), (IPLawDaily),
• Google, Microsoft, Facebook
  and Yahoo! call for reversal of a US court ruling that leaves some publishers
  liable for comments made by internet users: (OUT-LAW),
• Trial Court has ruled that Cardia Inc. has infringed a patent related to the correction of a heart defect: (IPLaw360),
• EMI sues Robertson – Seven years after paying the recording industry $100 million to settle
  a lawsuit over MP3.com, online music industry executive Michael
  Robertson was sued again for copyright infringement on Friday over two
  new music-sharing Web sites: (IPLaw360),
• OpenTV Inc. and Liberate Technologies Inc. have reached a settlement in a lawsuit over patents related to interactive television: (IPLaw360),
• No movement on patent reform until Spring?: (IAM),
• US Supreme Court refused to hear Cross Medical Products Inc.’s
  drawn-out patent infringement case against Medtronic Sofamor Danek Inc.
  over a lucrative surgical screw patent: (IPLaw360),
• US Supreme Court refused to hear Stryker Corp.’s appeal of a decision that found it liable for
  infringing an Acumed LLC patent related to bone fracture treatment: (IPLaw360),
• Mark Lemley and J. H. Walker from Stanford Law School announce their new IP litigation project.: (IPCentral),
• Motorola Inc. sued Vtech Communications Inc. on Tuesday for allegedly
  infringing five patents owned by the telecom giant, which disclose
  various cordless phone technologies: (IPLaw360),
• Boston Scientific and Cordis seek retrial in stent patent infringement case: (IPLaw360),
• Medtronic Inc. completed its $4.2 billion acquisition of defendant and former medical device rival Kyphon and thereby settled the ongoing patent dispute: (IPLaw360),
• Analysis of recent patent malpractice litigation shows an increase in both the volume and the bitterness of disputes: (IPLaw360),
• US Supreme Court has been urged not to make it illegal to sell second-hand patented goods: (OUT-LAW),
• Federal judge has issued a Markman (claims construction) ruling in the
  infringement dispute between Samsung Electronics Co. Ltd. and
  Matsushita Electric Industrial Co. Ltd. over semiconductor and memory
  patents: (IPLaw360),
• Acacia loses to Microsoft: (Patent Troll Tracker),
• scenarios for exclusive patent licensing in the US system and how they impact the rights of the licensee: (Generic Pharmaceuticals & IP),
• Tax strategy patents – USPTO proposes rule change to curb use: (Patently’O),
• Comments on immunity from suit in the US of government agencies such as the University of California: (Patent Prospector),
• Haute Diggity affirmed (no trade mark infringement or dilution in Louis Vuitton dog toy parody): (43(B)log),
• Research in Motion Ltd. (RIML), the
  Canadian maker of BlackBerry, is suing South Korean rival LG
  Electronics for labeling handsets with names similar to the business’
  smartphone such as Black Cherry: (AHN),