IP Think Tank Global Week in Review – 18 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

  • Candidates for post of WIPO Director General present their platforms: (WIPO),
  • IP is not a thing: (Dilanchian),
  • FOSS adoption and consumer welfare: (IPcentral)

Global – Trade Marks / Domain Names / Brands

  • Manufacturers becoming brand licensing companies: (IP ThinkTank),
  • Anti-Counterfeiting Trade Agreement moves forward: (Michael Geist)

Global – Patents

  • Office Open XML voted to become official standard, so out of Microsoft’s hands: (Ars Technica),
  • Google’s KML map markup language now an official standard: (Ars Technica),
  • Application patents don’t apply – new uses of existing technologies: (Intellectual Property Directions),
  • US and Japanese patentees stand to gain London Agreement bonus: (IAM)

Global – Copyright

  • Hyperlinks as original multimedia – can you help?: (IPKat),
  • Tactical response to infringers – copy them?: RealNetworks, Mattel and Hasbro copy the infringer by creating online Scrabble: (IP ThinkTank),
  • Creative Commons Statement of Intent for Attribution-Share Alike Licenses released: (creativecommons.org)


  • IP Business Congress – 25-26 June, Amsterdam: (IP Business Congress),
  • INTA annual meeting – 17-21 May, Berlin: (IMPACT),
  • Australia: IPRIA / CELRL / IP Australia: Employees’ IP and the employment relationship – incentives to innovate – 23 April, Melbourne: (IP Down Under),
  • Australia: Open access and research conference – 24-25 September, Brisbane: (opencontentlawyer.com),
  • China: Ministry of Culture Shanghai: IPR Awareness Week – 20-26 April: (Lehman, Lee & Xu),
  • EU: Informa Life Sciences: EU pharmaceutical law forum – 8-9 May, Brussels: (Orange Book Blog),
  • US: On Copyright 2008 – 1 May, New York: (Public Knowledge),
  • US: PLI conference: Markman hearings and claim construction in patent litigation 2008 – 9 July, New York: (Philip Brooks),
  • US: PTO webcast regarding Public PAIR and data-mining requests – 30 April: (Patent Docs), (PLI), (Patent Prospector),
  • US: Law Seminars International: Patent Claim Construction – 25 April, Atlanta: (PLI)
  • US: American Conference Institute: Pharma/Biotech collaborative agreements – 30 April – 1 May, San Francisco: (PLI),
  • US CAFC: The Federal Circuit: a national court of appeals: addressing new challenges – 15 May, Washington: (PLI),
  • US: Worldwide Business Research: PharmaBiotech IP Summit – 28-30 May, Philadelphia: (PLI),
  • US: PLI: Prior art & obviousness 2008: The PTO and CAFC perspective on patent law sections 102 & 103 – 16 June, San Francisco: (PLI),
  • US: BIO: BIO International Convention – 17-20 June, San Diego: (PLI),
  • US: Law Seminars International: Multilateral patents – 23 June, San Francisco: (PLI)

Pharma & Biotech

Pharma & Biotech – General

  • Innovative partnership to create another patent-free malaria drug: (Intellectual Property Watch),
  • Argentina: Inconsistencies in the protection of scientific data – pharmaceuticals and agrochemicals: (International Law Office),
  • India / Uganda: CIPLA, LDCs and parallel importation: interesting times ahead?: (Spicy IP),
  • India: OPPI recommends timeframe for pre-grant opposition: (Spicy IP),
  • India: Jatropha patents (agri-biotech): (Spicy IP),
  • India & US: Stem cell patents: (Spicy IP),
  • Kenya: GSK presses Kenya to crack down on imports of fake medicines: (Afro-IP),
  • Nigeria: Interview with Director General of NAFDAC – Cracking down on counterfeit drugs: (Afro-IP),
  • EU: No link between parallel trade and reduction in R&D, says AG in Sot. Lélos Kai Sia EE (and Others) v GlaxoSmithKline AEVE: (IPKat),
  • US: Bio commends Sen Specter for patent reform stance: (Patent Docs),
  • US: USPTO rules on two of four neural stem cell patents in dispute between StemCells Inc and Neuralstem Inc; parties disagree on how extensively claims amended: (IP Law360), (IPBiz),
  • US: Insmed continues fight for generic biologic approval: (GenericsWeb),

Pharma & Biotech – Products

  • Cipralex (Escitalopram) – Lundbeck wins appellate ruling on Cipralex patent; Biogen test for patent insufficiency revisited by UK Court of Appeal in Generics (UK) Limited v Lundbeck A/S: (IPEG), (IP Law360), (Therapeutics Daily), (Hal Wegner),
  • Mircera (Methoxy polyethylene glycol-epoetin beta) – Roche appeals ban on its sales of Mircera in its patent dispute with Amgen: (Patent Docs), (Patent Docs),
  • Nexium (Esomeprazole) – Ranbaxy and AstraZeneca reach agreement in Esomeprazole patent litigation: (SmartBrief), (IPBiz), (Spicy IP), (Profitability through Simplicity), (IP Law360), (Philip Brooks), (GenericsWeb),
  • Olux (Clobetasol propionate) – Agis fails to have Connetics’ patent infringement suit over Agis’ ANDA for generic Olux dismissed: (IP Law360),
  • Pepcid (Famotide) – US Federal Circuit affirms invalidity of Johnson & Johnson and Merck & Co’s Pepcid patent: (IP Law360), (GenericsWeb),
  • Risperdal (Risperidone) – Teva wins Risperdal Orange Book patent listing case; an appeal appears likely: (FDA Law Blog), (IP Law360), (IP Factor),
  • Solodyn (Minocycline) – California federal court dismisses Impax Lab’s case against Medicis Pharma for failing to show an immediate controversy regarding Solodyn patent: (IP Law360),
  • Tarceva (Erlotinib) – Roche appeals Delhi High Court decision not to restrain Cipla from selling generic version of Tarceva: (Spicy IP),
  • Topomax (Topiramate) – Ortho-McNeil keeps exclusivity on topiramate after district court blocks Mylan Labs from infringing their patent; court pulls ‘or’ out of ‘and’ in Ortho-McNeil’s patent: (Patent Baristas),
  • Xyzal (Levocetirizine) – UCB SA and Sepracor sue Synthon over ANDA for generic version of Xyzal: (IP Law360)


  • Transfer pricing focus study by Ernst & Young: (Afro-IP),
  • Kora All Africa Music Awards to promote copyright values: (Afro-IP),
  • IP Kenya – new blog: (BLOG@IP::JUR),
  • Kenya: Government to apply for KIKOY as UK trade mark: (IP Kenya),
  • Nigeria: £350million owed for ‘looted’ cultural artifacts: (IP finance), (Innovationpartners),
  • São Tomé and Príncipe sign up for PCT: (Afro-IP),
  • South Africa: Copyright review: (Afro-IP),
  • South Africa counterfeit raids: Charges for ringleaders, warnings for the small fry: (Afro-IP),
  • South Africa: Prof B Rutherford’s article ‘Limiting the trade mark monopoly: the nature of infringing use’: (Afro-IP),
  • Tanzania: Dar es Salaam protestors object to Chinese fakes: (Afro-IP), (IP Dragon)


  • Telstra settles with ACCC over Trading Post ‘sponsored links’: (IPwar’s),
  • IP Australia adopts ‘Reconciliation Action Plan’ to promote respect for creativity and innovation of Indigenous Australians: (IP Down Under), (IPwar’s),
  • Judgment handed down in Elwood Clothing Pty Ltd v Cotton On Clothing Pty Ltd concerning copyright entitlement in computer design drawings: (IP Down Under),
  • R&D for commercial business: Managing your IP: (IP Down Under),
  • Does size count? Protecting computer programs under the Copyright Act: Dais Studios v Bullet Creative: (IP Down Under),
  • Assessing copyright risk in new classroom technologies: (IP Down Under),
  • Cadbury loses battle over exclusive use of colour purple for chocolate wrapping in its case against Darrell Lea: (Australian Trade Marks Law Blog), (IP Down Under), (IPKat), (IPwar’s),
  • Employee or independent contractor? – ownership of IP: (Dilanchian),
  • Consultant or contractor IP: (Dilanchian),
  • IP and general business law issues: Website terms of use reduce risk: (Dilanchian),
  • Plant breeder’s rights actions in the Federal Court will now be regarded as IP cases for the purpose of docket allocation: (IPwar’s),
  • Ajinomoto v NutraSweet – inventive step and costs: (IPRoo),
  • Australian Federation Against Copyright Theft 2020 submission: (LawFont.com)


  • Trade mark statistics and top brands and registrants of 2007: (Class 46)


  • Bulgarian Patent Office, Customs Agency and Economic Police coordinates move against infringers: (Class 46)


  • TSX, Canada’s largest stock exchange operator, settles suit against Canadian Trading and Quotation System over illegal use of TSX’ trading system specifications: (IP Law360),
  • Trade marks and metatags: BCAA et al v Office and Professional Employees’ Int. Union et al: (ipblog.ca),
  • Identical or similar names don’t necessarily mean there is infringement: Octeau et al v Kempter Marketing Inc: (Canadian Trademark Blog),
  • A history of open access in Canada: (Michael Geist),
  • .ca domain name registrations reach 1 million milestone: (Canadian Trademark Blog), (Michael Geist),
  • Developing Canada’s IP agenda: (Michael Geist)


  • Supreme Court of Beijing decides packaging of Montresor-Zhanjiangang’s ‘Ferrari’ chocolates slavishly copies that of Ferrero International’s ‘Ferrero Rocher’ chocolates: (Class 46),
  • Li-Ning on Nike: (Counterfeit Chic), (Trademark Blog),
  • ‘If you can afford a car, you can afford a[n IP] lawsuit’: (Experience Not Logic),
  • Beijing Higher People’s Court lists its top 10 IP cases for 2007: (Rouse & Co International),
  • China and EU Customs unveils plans to share information to crack down on counterfeiting: (IP Dragon),
  • China: We’re fight piracy, honest!: (Ars Technica)
  • China IP? The answer is better luck next time: (China Law Blog)


  • Unregistered Opera mark – infringing and descriptive uses: Holmegaard v Erik Bagger: (Class 46),
  • The architect’s patents: (Innovationpartners),
  • Pirate Bay demands compensation from IFPI for downtime due to Danish ISP’s blocking access following IFPI’s demands: (Techdirt)


  • OAMI Live blog for exchange of views on OAMI issues: (IPKat), (BLOG@IP::JUR),
  • Adidas’ three stripes design gets ECJ approval in adidas v H & M: (Counterfeit Chic), (Afro-IP), (Catch Us If You Can!!!), (IMPACT),
  • Europe’s in-house IP champions announced at European Counsel Awards, London: (IAM),
  • European Parliament on combating digital piracy: (IPKat),
  • EU Commission adopts recommendation on the management of IP in knowledge transfer activities by public research organizations: (IPR-Helpdesk), (BLOG@IP::JUR), (IP finance), (IAM),
  • Brandchannel releases report on top performing European retail brands: (Class 46),
  • Another trade mark question referred to the ECJ: UDV North America Inc v Brandtraders NV: (Class 46),
  • Sony BMG asks ECJ to uphold its rights to certain Bob Dylan songs: Case C-240/07: (IPKat),
  • Applicant panel survey 2007 on future patent filings: (European Patent Office),
  • Elsmore writes on trade mark coexistence agreements: (Class 46),
  • Citibank wins dilution case before CFI: Citigroup and Citibank v OHIM: (IPKat), (Class 46),
  • European Data Protection Supervisor calls for data breach law for business: (Out-Law),
  • ECJ ruling on distribution in copyright case Peek & Cloppenburg KG v Cassina SpA: (IPKat)


  • Germany passes law to implement IPR Enforcement Directive: (Class 46), (BLOG@IP::JUR), (Intellectual Property Watch)
  • German bill on contingency fees for attorneys-at-law, patent attorneys and tax advisors: (BLOG@IP::JUR),
  • Requests for GI protection lodged for mustards from Duesseldorf: (Class 46),
  • Zappa Family Trust commences proceedings against Arf Society over Frank Zappa dedicated festival ‘Zapanale’: (Class 46)


  • GI protection sought for Feni cashew apple liquor: (Spicy IP),
  • Piracy in the film industry – Bigwigs offer differing opinions: (Spicy IP),
  • Further developments Krazzy 4 case regarding alleged use of jingle without composer’s permission: (Spicy IP),
  • Report on IIT Kharagpur organized technology transfer expo, IndAc’08: (ipmINDs),
  • India withdrawal from Indo-US FutureGen project over tech transfer issues: (Spicy IP),
  • Bollywood actor Aamir Khan witness in copyright infringement case concerning movie ‘Lagaan’: (Spicy IP)


  • Indonesian cultural heritage takes centre stage at WIPO supported event: (WIPO)


  • Can you help? – queries re IP finance reading materials and careers in internal IP auditing: (IP finance)


  • Expansion of patentable subject matter of medical diagnosis related technologies: (wonjon.com),
  • Saint-Exupéry Foundation demands bookstores and publishers stop selling copies of ‘The Little Prince’ claiming IP rights in the illustrations and title design: (IPKat)


  • WIPO signs cooperation agreements with two leading Mexican educational institutions to advance the teaching of IP: (WIPO), (Daily Dose of IP)


  • Similar logos for Olsztyn city and Cekcyn district: (Class 46)


  • Spanish PTO launches anti-piracy website: (Class 46)


  • Swiss upgrade treaty commitments – PLT, WCT, WPPT: (IPKat),
  • ‘Pro file-sharing’ musician upset that he’s being used in lawsuit against Pirate Bay: (Techdirt)

United Kingdom

  • Plans for .sco domain for Scotland: (Class 46),
  • UK music industry demands format shifting levy: (Out-Law),(IPKat), (Ars Technica), (Techdirt), (Patry Copyright Blog), (IP Law360),
  • Official launch of Anti Copying in Design (ACID) ‘Mediate to Resolve’ scheme: (IPKat),
  • UKIPO launches new free patents database: (IP Menu News),
  • High Court recommends narrow view of mental act exclusion to patentability in Rajesh Kapur v The Comptroller General of Patents, Design and Trade Marks: (IPKat),
  • Sir Terence Conran’s son seeks to prevent use of notorious surname by the less-well-known advertising giant Havas: (IPKat),
  • Results are worthy goals for experts, but principled reasoning is worthier: Artificial Solutions Germany GmbH v Creative Virtual Ltd: (ISinIP),
  • Dr Who copyright case: (Patry Copyright Blog),
  • Five year old becomes youngest British patent proprietor: (IPKat), (IMPACT),
  • Hearing Officer’s refusal to register THERE AIN’T NO F IN JUSTICE for t-shirts overturned: (IPKat)

United States

US General

  • USPTO launches new curriculum, i-©®eaTM, and new website, InventNow.org, to educate and inspire tweens in the field of IP: (Patent Prospector), (Techdirt),
  • Supreme Court decision in US v Clintwood Elkhorn Mining Co: Plain meaning trumps legislative history: (Hal Wegner),
  • IP bundling model to be developed: (IP finance)

US Patent Reform

US Patents

US Copyright

US Trademarks

  • University of Iowa: Trademark Scholars’ Roundtable: (Reading list – 43(B)log), (Report on roundtable discussion – Part 1 – 43(B)log, Part 2 – 43(B)log, Session 2 – 43(B)log, Session 3 – 43(B)log),
  • Courts split over trade mark issues in search engine keyword advertising cases: (IP Law360)

US – Companies / Entities

  • Abbott – Innogenetics, Abbott strike $9.5 million deal on Hep C virus testing patent: (IP Law360), (Patent Docs),
  • Abbott – Product-by-process; Scripps/Atlantic Thermoplastics conflict: Lupin v Abbott: (Hal Wegner),
  • Acacia – Multidistrict litigation created for photo-printing patent suits brought by Acacia against several camera manufacturers: (IP Law360),
  • Advanced Video Technologies – Advanced Video Technologies launches lawsuit against Pure Digital Technology alleging infringement of their patent for full duplex single chip video codec: (Philip Brooks),
  • Alpha Scientific Corp – CAFC sides with Helena Laboratories in patent dispute with Alpha over blood collection tubes: (IP Law360),
  • Axiom – 11th Circuit finds use of competitor’s marks in metatags is trade mark infringement in North American Medical Corp v Axiom Worldwide Inc: (IPwar’s), (ipblog.ca),
  • Bilski – BIO files amicus brief in Bilski case: (Patent Docs),
  • Boeing – SES Americom satellite abandoned due to patent on lunar flybys: (Techdirt),
  • Cambridge University Press – Cambridge University Press, Oxford University Press and Sage Publications sue Georgia State University over digital distribution of class reading materials: (Ars Technica), (IP Law360),
  • Cat Power – Cat Power, Matador Records get ensnared in copyright controversy over incorrectly crediting and failing to pay due royalties to copyright owner: (Public Knowledge),
  • Crocs – ITC Judge finds Crocs’ utility patent for colourful plastic shoes invalid: (IP Law360), (Washington State Patent Law Blog),
  • DataTreasury Corp – CAFC upholds order denying a bid from Wells Fargo & Co and Wells Fargo Bank to toss or stay patent suit with DataTreasury over cheque imaging technology: (IP Law360), (Patent Prospector), (Patently-O),
  • Electrolux – Electrolux loses trade dress infringement claim against Imig: (43(B)log),
  • Facebook – Harvard classmate of Facebook founder seeks to invalidate Facebook trade mark: (IP Law360), (Techdirt), (The Trademark Blog),
  • IBM – Big Blue CFO confirms company’s IP-focused acquisitions strategy: (IAM),
  • Justia – State of Oregon uses copyright law to prevent other sites from publicising Oregon law: (Techdirt), (Ars Technica),
  • Kodak – DR Systems sues to invalidate Kodak’s patent: (IP Law360),
  • LG Electronics – DTL Licenses key cell phone patent to LG Electronics: (Philip Brooks),
  • Lockheed Martin – EFF hits back at Lockheed Martin for asserting its B-24 trade mark to force B-24 bomber digital images offline: (Techdirt),
  • Magnatek – Judge confirms $23.4 million award against Magnatek in lawsuit over electronic lighting ballasts patents owned by Ole K Nilssen: (IP Law360),
  • Microsoft – Microsoft proposes new ad privacy structure in effort to influence FTC in on issue of whether online advertisers should be governed by self-regulatory principles: (Out-Law),
  • Mullen – Confidential information is potentially broader trade secret information: United Image Print Group, LLC v Mullen: (Chicago IP Litigation Blog),
  • NBC – NBC says Apple must address piracy before NBC allows TV content back on iTunes: (Ars Technica), (Techdirt),
  • Northwest Airlines – Northwest latest carrier to be ensnared in patent infringement suit by Eon-Net over document-scanning technology: (IP Law360),
  • Nylok – Post judgment collateral attack on IP through PTO action barred by ‘defendant preclusion’: Nasalok Coating v Nylok: (Patently-O),
  • OraSure – Orasure defends itself in HIV test patent suit brought by Inverness Medical Switzerland and Church & Dwight, alleging patent invalidity: (IP Law360),
  • Power-One – Texas federal judge issues permanent injunction preventing Artesyn Technologies from infringing Power-One patent for power converter technology: (IP Law360),
  • Qualcomm – Telco’s LTE 4G patent pact; Qualcomm doesn’t sign up: (Ars Technica), (Techdirt),
  • Realtek – Realtek seeks lower damages in 3Com patent suit: (IP Law360),
  • RIAA – Lava v Amurao file-sharing case dismissed with prejudice at RIAA’s request: (Ars Technica),
  • RIAA – Marshal University fails to block RIAA’s P2P subpoenas: Arista Records v Does 1-7: (Ars Technica),
  • Rowling – J K Rowling testifies in lawsuit against fan-created Harry Potter lexicon that may become important test of US fair use law: (Ars Technica), (IPKat), (Copyfight), (Techdirt),
  • Seagate – Seagate files suit against STEC claiming infringement of four solid-state memory patents: (Ars Technica), (IP Law360), (Techdirt), (Philip Brooks),
  • SmartGene – Texas District judge dismisses Advanced Biological Laboratories’ patent infringement claims against SmartGene for lack of jurisdiction: (IP Law360),
  • Southwest Medical Solutions: US Securities and Exchange Commission sues Southwest, claiming it misled investors in relation to status of pending trade marks and other matters: (IP Law360),
  • Symantec – Court reverses summary judgment of noninfringement and invalidity based upon faulty claim construction in Symantec Corp v Computer Assoc Int’l Inc: (Hal Wegner), (Patent Prospector), (IP Law360), (Patently-O),
  • T-Mobile – Patentee has no ‘presumption of priority’ unless specifically adjudged by the PTO during prosecution: PowerOasis v T-Mobile: (Patently-O), (Hal Wegner), (Patent Prospector), (Peter Zura’s 271 Patent Blog), (IP Law360),
  • TiVo – CAFC refuses to reconsider ruling that DISH Network’s DVRs infringed on TiVo’s patents for a ‘multimedia time warping system’: (Ars Technica), (Patent Prospector), (IP Law360),
  • Toyota – Solomon Technologies’s arguments heard by CAFC in its appeal against ITC decision alleging patent infringement by Toyota in relation to its hybrid model, Prius: (IPBiz),
  • Toyota – Toyota asks Supreme Court to review case in which Toyota’s Prius model was found to have infringed Paice’s patents: (IP Law360),
  • UniRAM Technology – District Judge rejects Taiwan Semiconductor Manufacturing Co’s bid to have one of UniRAM’s patent declared invalid due to inequitable conduct in trade secrets case brought by UniRAM: (IP Law360), (Philip Brooks),
  • VoxPath Networks – VoxPath brings patent suit against Verizon, Cox and other VoIP companies over technology for distinguishing between internal and external calls: (IP Law360),
  • Zenith – CAFC partial remand of Zenith Electronics Corp v PDI Communication Systems, Inc; that which infringes if later, anticipates if earlier – but elements of anticipation must still be proven: (Patently-O), (Hal Wegner), (Patent Prospector), (IP Law360)

One Comment on “IP Think Tank Global Week in Review – 18 April 2008

  1. Mental Acts at High Court
    Kapur pulled of a Ressurrection ? Or have Pantent office done this to save face…
    see what i don’t understand is if Symbian are through how does Kapur not
    is Computer Exclusion over

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