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IP Think Tank Global Week in Review – 18 July 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 us know if you think we’ve missed something important, or if there is a source you think should be monitored.

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Highlights this week included:

EU Commission adopts proposal to extend copyright protection to performing artists from 50 to 95 years: (IPKat), (Out-Law), (IP Law360), (Patry Copyright Blog), (IPEG), (Techdirt), (Techdirt),

 ‘Triway’ USPTO, EPO, JPO patent work-sharing pilot starts 28 July: (IP Updates), (Patent Docs), (Patent Prospector), (EPO), (Innovationpartners), (IP Law360),

Federal judge rules burden of policing eBay for counterfeits is Tiffany’s: (Ars Technica), (Technology & Marketing Law Blog), (Techdirt), (Counterfeit Chic), (Intellectual Property Law Blog), (The Trademark Blog), (IP Law360), (Electronic Frontier Foundation), (The Gray Blog), (Technology & Marketing Law Blog), (43(B)log), (Public Knowledge), (Out-Law), (Daily Dose of IP), (IP Updates), (IP Law360), (The Trademark Blog),

Teva announces intention to file patent infringement suit against Momenta/Sandoz over generic Copaxone ANDA: Momenta, Novartis challenge Teva’s Copaxone patent: (Philip Brooks), (The IP Factor), (SmartBrief), (Philip Brooks), (Patent Circle),

House of Lords delivers boost for patent owners in Conor v Angiotech; judgment brings UK closer to EPO: (IAM), (, (Patent Baristas), (Managing Intellectual Property), (Rouse & Co International)


Global – General

Modalities drafted for WTO GIs, biodiversity amendment: (Intellectual Property Watch), (Intellectual Property Watch),

Using social psychology to win your next IP negotiation: (The IP ADR Blog),

Negotiating by email? Think again!: (The IP ADR Blog),

ACTA plans do not include iPod frisking: (Out-Law),

Europe may put ACTA back on faster track: (Intellectual Property Watch),

USTR posts ACTA submissions: (Michael Geist), (Vol 1 – IP Justice), (Vol 2 – IP Justice), (Vol 3 – IP Justice), (Vol 4 – IP Justice),

G8 on IP: (IPKat),

IP: A means to an access and benefit-sharing end?: (Intellectual Property Watch),

IP – take it to the bank: seminar covering valuing intellectual assets and using them to leverage financing: (IP finance)

What’s risk got to do with it? – Considering settlement: Cognitive biases when conducting risk analysis: (The IP ADR Blog),

WIPO enriched by in-depth discussions of the public domain: (KEI),

WIPO Committee on Development and IP ends first year on mostly agreeable note: (Intellectual Property Watch),

Implementation of WIPO Committee on Development and IP agenda moves forward: (WIPO), (Intellectual Property Watch), (Managing Intellectual Property),

WIPO Committee on Development and IP deliberations on norm-setting, open source and creative commons: (KEI),

Draft Chair’s summary of WIPO Committee on Development and IP: (Intellectual Property Watch)

Global – Trade Marks / Domain Names / Brands

ICANN go-ahead on gTLDs with ‘string criteria’ of ‘morality and public order’: (IP Justice),

Advocates say geographical indications will benefit developing nations: (Intellectual Property Watch)

Global – Patents

Patent arms race: (IP Thinktank),

‘Triway’ USPTO, EPO, JPO patent work-sharing pilot starts 28 July: (IP Updates), (Patent Docs), (Patent Prospector), (EPO), (Innovationpartners), (IP Law360),

Panel: IP rights in standards impede competition, disadvantage developing countries: (Intellectual Property Watch), (IP Justice),

If you have to ask your patent attorney what your company’s patent strategy is, you don’t have one: (Patent (IP) Business Strategy Blog),

WIPO hosts symposium on IP and multilateral environmental agreements: (WIPO)

Global – Copyright

Copyright strategy – protecting functionality?: (IP Thinktank),

WIPO event addresses tensions of librarians and publishes in digital archiving: (Intellectual Property Watch), (Electronic Frontier Foundation), (Ars Technica),

WIPO and SERCI examine economic aspects of copyright: (WIPO)


21-23 July: EU ATRIP meeting on future of European patent system – Munich: (IPR-Helpdesk),

24-25 July / 11-12 August: US PLI: ‘Advanced patent prosecution workshop 2008: Claim drafting & amendment writing’: New York / San Francisco: (Patent Docs),

30-31 July: IACCM ‘ask the expert’ call; Duncan Bucknell leading discussion on IP strategy: (IP ThinkTank),

6 August 2008: Managing IP web seminar ‘Internet liberalisation: opportunities and challenges for IP owners’: (Managing Intellectual Property),

8-9 August: USPTO’s 13th annual independent inventors conference – Alexandria: (Anticipate This!), (Daily Dose of IP),

11-12 September: US LSI: 4th annual conference on ‘Current issues in complex IP licensing’ – Philadelphia: (Patent Docs),

11 September/15 October: PLI seminar on developments in pharmaceutical and biotech patent law – New York/San Francisco: (Patent Docs),

15-16 September: UniForum & SAIIPL domain name ADR workshop – Centurion (South Africa): (Afro-IP),

15-16 September: US ACI 10th advanced forum on biotech patents – Boston: (Generic Pharmaceuticals & IP), (Patent Docs),

16-19 September: 22nd MARQUES annual conference – Noordwijk: (IPKat),

21-23 September: Intellectual Property Owners Association 2008 annual meeting – San Diego: (Patent Docs),

22-23 September: US: ACI FDA boot camp conference – Boston: (Patent Docs),

22-23 September: ACI USPTO boot camp: patent edition conference – Alexandria: (Patent Docs),

22-23 September / 6-7 October / 23-24 October / 10-11 November / 17-18 November – PLI patent litigation 2008 seminar – San Francisco / McLean / Chicago / Atlanta / New York: (Patent Docs),

23 September: CLT 3rd annual IP law and the fashion industry conference – London: (CLT),

24 September: 2008 INTA/WIPO international forum on trade marks and industrial designs – Brussels: (INTA),

1-3 October: University of Helsinki ‘One right system for IP – vision impossible’: (IPKat),

7-8 October: ACI global patent litigation conference – New York: (Patent Docs),

15-16 October: ACI 9th annual maximising pharmaceutical patent life cycles – New York: (Patent Baristas), (Patent Docs),

15-16 October: Center for Business Intelligence pharmaceutical congress on paragraph IV disputes – Philadelphia: (Philip Brooks),

23-24 October 2008: WIPO advanced workshop on domain name dispute resolution – Geneva: (WIPO),

23-28 October: EPO patent information conference – Stockholm: (EPO),

30 October 2008: IBC Informa seminar on intangible assets: maximising shareholder value – London: (IIR),

30-31 October 2008: Chartered Institute of Patent Attorneys annual congress – London: (CIPA),

19-20 November: ACI conference on business methods patents – New York: (Patent Baristas),

26 November: CLT conference on copying without infringing – London: (IPKat),

4-5 December 2008: 3rd pan-European IP Summit – Brussels: (Brussels IP Summit)

Pharma & Biotech

Pharma & Biotech – General

Generics at the gate – How quickly does generic drug competition eat into sales of the brand drug?: (GenericsWeb),

Eularis analyses most effective generics defence strategies with new pharmaceutical industry report: (GenericsWeb),

WIPO symposium to discuss life sciences multilateral environmental agreements: (Daily Dose of IP),

Daiichi Sankyo and Ranbaxy confirm deal is binding and final, allay market rumour and speculation: (SmartBrief),

Daiichi Ranbaxy takeover and the implications for the future of IP: (Spicy IP),

Europe: Cancer Research Therapeutics’ RNAi patent revoked by EPO: (Patent Docs),

Europe: IP policy in innovative medicines initiative actions: (IPR-Helpdesk),

India: Latha Jishnu on the mysterious Indian Bayh Dole Bill: (Spicy IP),

India: Will it be raining patent litigation in India?: (Patent Circle),

Tanzania to conduct study on impact of counterfeit medicines: (Afro-IP),

US: New rules on generic biological medicines under US Congressional debate: (Intellectual Property Watch),

Pharma & Biotech – Products

Acular (Ketorolac) – US: CAFC rules against Apotex reverse doctrine of equivalents: Roche Palo Alto & Allergan, Inc v Apotex: (Patent Circle),

Carbatrol (Carbamazapine) – US: Federal judge allows Corepharma to seek DJ that its application to make generic Carbatrol does not infringe Shire Laboratories’ patent, even though Shire agreed not to sue over that patent: (IP Law360),

Carbatrol (Carbamazapine) – US: Shires sues two more drug makers over Carbatrol – Nostrum and Apotex: (GenericsWeb),

Copaxone (Glatiramer acetate) – US: Teva announces intention to file patent infringement suit against Momenta/Sandoz over generic Copaxone ANDA: Momenta, Novartis challenge Teva’s Copaxone patent: (Philip Brooks), (The IP Factor), (SmartBrief), (Philip Brooks), (Patent Circle),

Crestor (Rosuvastatin) – US: AstraZeneca sues Teva Pharmaceuticals over Crestor patent, marking the ninth lawsuit since December to be filed over the drug: (IP Law360),

Depakote (Valproate semisodium) – Abbott Laboratories files patent suit against Dr Reddy’s Laboratories to bar it from manufacturing generic Depakote: (IP Law360), (Patent Circle),

Effexor (Venlafaxine) – US: Wyeth and Impax announces final settlement of Effexor XR patent suit: (SmartBrief), (SmartBrief), (IP Law360),

Fosamax (Alendronate), Nexium (Esomaprazole) – India: Cipla beats s3(d) to obtain patents for modified Nexium, and Fosamax: (International Law Office),

Fosamax (Alendronate) – US: CAFC rules Apote&xrsquo; Fosamax appeal moot (not Article III controversy): Merck & Co v Apotex (nonprecedential): (IP Law360), (Orange Book Blog), (Patent Docs), (GenericsWeb), (Patently-O),

Neupogen (Filgrastim) – Insmed announces its INS-19 recombinant human G-CSF bioequivalent to Amgen’s Neupogen; FDA likely to wait for biogeneric pathway before approving drug: (Patent Docs), (GenericsWeb),

Plavix (Clopidogrel) – Germany: Difficult to predict when generic Plavix can be launched in Germany after suspended approval: (GenericsWeb), (IP Law360),

Prilosec OTC (Omeprazole), Symbicort (Budesonide)  – US: AstraZeneca cries foul over PTE application timeliness calculation method: (FDA Law Blog),

Seroquel (Quetiapine) – US: AstraZeneca wins Seroquel patent case on summary judgment; Teva and Sandoz to appeal: (Orange Book Blog),

SoloStar – US: Oral arguments heard in Novo Nordisk’s patent infringement case against Sanofi-Aventis over its SoloStar insulin delivery pen: (Patent Appeal Tracer),

Strattera (Atomoxetine) – US: Eli Lilly Straterra patent litigation down to 7 defendants; Glenmark dismissed from case: (Patent Docs),

Tarceva (Erlotinib) – India: Roche and Pfizer win right to hearing to oppose Natco’s applications to export generic Tarceva using compulsory licence: (Managing Intellectual Property),

Valcyte (Valganciclovir) – India: Cipla, Roche may now spar over Valcyte – Cipla soon to launch cheaper generic version of Roche’s Valcyte: (Spicy IP),

Valcyte (Valganciclovir) – US: Lawsuit brought by Roche Palo Alto against Ranbaxy Laboratories over patent related to Valcyte can go to trial: (IP Law360),

VelociGene/VelocImmune – Cellectis and Regeneron resolve licensing dispute over patents relating to process for specific replacement of genes by homologous recombination: (Patent Docs)


Initiative aimed at boosting knowledge and technology-based legislation in Africa: (Intellectual Property Watch),

New copyright body for southern and eastern Africa – SEACONET: (IP Kenya), (Afro-IP), (Intellectual Property Watch)


Book launch – ‘Measured Success, Innovation Management in Australia’: (IPRoo),

Trade Marks Manual of Practice and Procedure – Revision of Part 3: (IPRoo),

Evidence in opposition not evidence on appeal: Sherman v Commissioner of Patents: (Australia & New Zealand Intellectual Property Law),

Reiss Holdings – Late evidence and the removal of trade marks: Network Clothing Company v Reiss Holdings Ltd: (IPRoo),

Hearing Officer finds AVANTI does not look like VIVENTE: Sheppard Industries Ltd v Gemini Bicycle Centres Pty Ltd: (IPRoo),

Attempt to register mash-up name GOOGLEBAY as a trade mark fails: Google, Inc v Dmitri Rytsk: (Australian Trade Marks Law Blog),

Smart Home Solutions – a failure to distinguish mark from services: Complete Technology Integrations Pty Ltd v Smart Home Solutions Pty Ltd: (IPRoo),

Commonwealth Department of Innovation, Industry, Science and Research publish ‘Intellectual property scorecard 2002-2006’: (IPwar’s),

E & J Gallo fail in action against Lion Nathan alleging BAREFOOT RADLER for beer infringed Gallo’s registration for BAREFOOT for wine: (IPwar’s),

Copying tests lands teacher in trouble: Boyapati v Rockefeller Management Corporation: (Australia & New Zealand Intellectual Property Law),

Limited time to initiate trade mark infringement proceedings after Customs seizure: Jamella Australia Pty Ltd v MacKinnon: (Australia & New Zealand Intellectual Property Law)



InBev buys Anheuser-Busch – impact on ‘Budweiser’ trade mark dispute?: (Class 46), (IAM)


NRC adopts open access self-archiving policy: (Michael Geist),

Damages for counterfeit goods – another significant award: Louis Vuitton Malletier SA v 486353 BC Ltd: (Canadian Trademark Blog),

Bill C-61 opposition mounting in local ridings: (Michael Geist),

Globe and Appropos exhibit demonstrates negative effects of C-61 on appropriation artists: (Michael Geist),

61 reforms to C-61: (Day 15: TPMs – no exception for cell phones – Michael Geist), (Day 16: TPMs- no exception for fair dealing – Michael Geist), (Day 17: TPMs – no exception court cases, laws and government documents – Michael Geist), (Day 18: TPMs – no exception for personal uses – Michael Geist), (Day 19: No exception for digital archiving – Michael Geist)

NDP pledges to make copyright a by-election issue: (Michael Geist),

Conservative MP Bruce Stanton to hold town hall meeting on C-61: (Michael Geist),

Quebec Court issues permanent injunction against Quebec Torrent: (Michael Geist), (,

Canadian copyright reform: Bill C-61: (IP Law360),

Louis Vuitton awarded record-setting damages against counterfeiters: Louis Vuitton Malletier SA v 486353 BC Ltd: (International Law Office)


Face saving cultures don’t like to make an apology – apologies in Chinese IP law as a remedy: (IP Dragon),



EPO: First feedback on applicants’ behaviour under EPC2000: (IPR-Helpdesk),

More mixed messages from the European Commission – IP and competition: (IAM),

European Commissioner for Competition Policy Neelie Kroes speech ‘Being open about standards’: (IPKat)

EU regulators order 24 music societies to modify or ditch agreements barring sales or broadcasting of music across borders: (Ars Technica), (IP Law360),

Christophe Geiger elected Director of Centre d’Etudes Internationales de la Propriété Industrielle: (Class 46),

Flurry of copyright, interoperability policy activity at EU: (Intellectual Property Watch),

EU Commission adopts proposal to extend copyright protection to performing artists from 50 to 95 years: (IPKat), (Out-Law), (IP Law360), (Patry Copyright Blog), (IPEG), (Techdirt), (Techdirt),

ECJ AG Sharpton says poem list infringed database right: Directmedia Publishing v Albert-Ludwigs-Universität Freiburg: (Out-Law)

CFI rejects MOZART for chocolate on grounds of descriptiveness: Paul Reber GmbH v OHIM: (The IP Factor)


Appellate court upholds fine of  €50,000 per day for as long as eBay allows sales of several LVMH perfume brands on top of €38.6M already awarded to LVMH: (Counterfeit Chic)


P2P leecher targeted in Germany for making files available: (Ars Technica),

Frankfurt’s Higher Regional Court says Wi-Fi providers not liable for others’ infringements: (Out-Law),

Spreewaldverein considering application for GI protection for ‘Spreewälder Gurkensülze’(‘Spreewald cucumber aspic’): (Class 46)


Hollywood strikes back… the wrong way – Hollywood movie lifts part of Bollywood soundtrack: (Spicy IP),

Crafting the national IP policy: Will the Tiger learn from the Dragon?: (Spicy IP)

Patent examiner blooper: Times Group issues a clarification: (Spicy IP),

Outsourcing patent searches to India: (Innovationpartners),

WIPO pressures India to join Internet Treaties: (Michael Geist), (Spicy IP),

An IP exchange in India: (Spicy IP),

Bajaj studying if Royal Enfield’s motor bike violates their twin-spark technology: (Spicy IP),

Evolving copyright law: ‘Sweat of the brow’ may be of the past: Reckeweg v Adven Biotech: (Spicy IP),

‘Publicity rights’ – rescuing celebrity domain names: (Spicy IP),

Patented… music? – music therapy: (Spicy IP),

Super Cassettes and Phonographic Performance seek review of Supreme Court judgment in Entertainment Network (India) Limited v Super Cassettes compulsory copyright licensing case: (Spicy IP),

Kerala becomes first Indian state to issue IP policy: (Managing Intellectual Property)


Tel Aviv District Court refuses to grant injunction to UK Premier League to prevent illicit webcasting of football matches; refers question to Legal advisor to government for guidance : (The IP Factor)


Introduction of prior art search and substantive examination: (IP Menu News)


Procedural cost in Dutch trade mark proceedings: a new Dutch perspective: (Class 46)


Court of Appeal completely reverses decision that sentenced ‘Jollibee’ trade mark infringer to two years in prison: (Managing Intellectual Property)

South Africa

South Africa reducing incentives for IP outflows: (IP finance),

Ex-employee plans copyright action against Vodacom alleging inadequate compensation for development of ‘please call me’ text service: (Afro-IP),

Holographic tags for 2010 World Cup merchandise: (Afro-IP)


Danone v Wahaha – in it for the long haul: Swedish arbitration tribunal rejects Group Danone’s requests for interim measures against estranged venture partner Hangzhou Wahaha Group: (China Hearsay)


WIPO: Switzerland designations – new fees from 3 September 2008: (Class 46)

United Arab Emirates

Brand Protection Group’s MOU for the UAE… and South African Development Community consult: (Afro-IP)

United Kingdom

UK law firm, Davenport Lyons, tries suing as many people as possible for file-sharing: (Techdirt),

House of Lords delivers boost for patent owners in Conor v Angiotech; judgment brings UK closer to EPO: (IAM), (, (Patent Baristas), (Managing Intellectual Property), (Rouse & Co International)


United States

US General

Senate hearing on ‘International enforcement of IP rights and American competitiveness’: (Public Knowledge),

Protecting your creative ideas when submitting them to a third party: (Law on the Row)

US Patent Reform

Wall Street Journal: Current patent system suppresses innovation: (Patent Docs), (IAM), (GenericsWeb),

Richard Baker announces Congressional bid: (Patently-O),

Anonymous attack against Obama on patent policy: (Hal Wegner)

US Patents

In the rear view mirror – the reverse doctrine of equivalents: (IP Directions),

When the best defence is a good offence: (IP Law360),

An applicant knows more about their invention than an examiner – USPTO Director Jon Dudas: (Patentably Defined),

USPTO Official Gazette: Shortened examination times for submitted applications: (IP Updates),

Peer-to-patent program extends another year and expands to business methods: (IP Updates), (Patent Prospector), (Securing Innovation), (IP Law360),

New York Law School Center for Patent Innovations: (Securing Innovation),

Chief Judge James F Holderman and Halley Guren’s proposals in ‘The patent litigation predicament in the United States’: (Philip Brooks)

Two judges in as many days recuse themselves from presiding over ‘Troll Tracker’ libel case: (IP Law360),

Where are all the new rocket dockets?: (Philip Brooks),

Simultaneous invention obviousness defence: (IP Updates),

Post-KSR case law: The sky is not falling: (IP Law360),

Patent quality on the rise at the USPTO, says new research undertaken by Ocean Tomo: (IAM), (Patent Librarian’s Notebook), (Peter Zura’s 271 Patent Blog),

ITC news: RK Rodgers named newest Administrative Law Judge; Paul Luckern named Chief Administrative Law Judge: (IP Updates),

New ITC 337 Regulations effective 6 August 2008: (IP Updates),

Rethinking the role of the ITC in patent cases – Colleen V Chien’s draft paper ‘Patently protectionist? An empirical analysis of patent cases at the International Trade Commission’: (Peter Zura’s 271 Patent Blog), (Techdirt), (Ars Technica), (IP Updates), (Philip Brooks),

Prediction: The Pickens Plan for a green energy infrastructure will launch gold rush of patenting followed by rampant patent litigation: (IP Business Strategy Blog),

Can the USPTO handle the surge of going green?: (PLI),

Is cost accounting to blame for patent hoarding?: (Techdirt),

Patent litigation venues revisited: (Patent Appeal Tracer), (Chicago IP Litigation Blog),

Does 35 USC §102(f) mean what it says? – ‘A person shall be entitled to a patent unless…he did not himself invent the subject matter sought to be patented…’: (Patent Prospector),

Anti-patent FTC approves merger of Flow International Corp and OMAX Corp (with conditions) despite acknowledging that they ‘are each other closest competitors in the highly concentrated US market for water-jet-cutting systems’: (Patent Prospector), (IP Law360), (IP Updates)

US Copyright

American Library Association online tool to determine whether a copyrighted work is in the public domain: (Innovationpartners), (The Invent Blog), (,

NPR interview with Rebecca Tushnet on fan fiction and the Organisation for Transformative Works: (43(B)log),

If you block your P2P app from sharing files, are you still guilty of making files available?: (Techdirt)

Is putting every frame of a movie into a photo copyright infringement? Should it be?: (Techdirt),

American Bar Association creates Copyright Law Reform Task Force in anticipation of Congress concentrating more on copyright issues in coming months: (Managing Intellectual Property),

Bill now in Congress would afford fashion designers protection over entire appearance of their designs: (IP Law360),

Macrovision, a DRM company, releases one-sided study on DVD copying: (Techdirt)

US Trademarks

Should apologies be added to trade mark damages?: (Chicago IP Litigation Blog – see related post by IP Dragon under China)

US – Companies / Entities

Abbott Laboratories –  ByPass sues Abbott over vascular repair patent: (IP Law360),

Advanced Medical Optics – CAFC rules in Advanded Medical Optic’s favour in LASIK vision correction surgery patent case: Olivia N Serdarevic v Advanced Medical Optics, VISX, Stephen L Torkel and Francis A L’Esperance Jr MD: (IP Law360), (Patent Prospector), (Hal Wegner),

Apple – Apple files suit against Psystar alleging violation of shrick wrap licence, trade mark and copyright infringement: (The Gray Blog),

Associated Press – AP, Drudge Retort resolve copyright dispute as AP continues dialogue with bloggers: (The IP ADR Blog),

ATMI – ATMI and Praxair settle long-standing patent litigation over pressurised gas containers: (IP Law360),

Bad Company – The band Bad Company to reform for single performance to maintain trade mark in response to rumours of another band about to tour US under same name: (The IP Factor), (IP Spotlight),

Bally Total Fitness Holding Corp – 24 Hour Fitness USA files suits accusing Bally of illegally poaching top executive to gain access to array of trade secrets: (IP Law360),

Blizzard – Federal Court in Arizona finds that violators of any licensing terms of an EULA are liable for copyright infringement: MDY v Blizzard: (Public Knowledge), (Techdirt), (Electronic Frontier Foundation), (Patry Copyright Blog), (IP Law360),

Boler Co – Court rules commercially available products are discoverable in patent case brought by Boler against ArvinMeritor: (Chicago IP Litigation Blog),

Boston Scientific – CAFC remands stent patent case over ‘ambiguity’: G David Jang MD v Boston Scientific & SciMed Life Systems: (IP Law360), (Patent Prospector),

Boston Scientific – Judge partly reverses $250M verdict for Medtronic in catheter patent dispute with Boston Scientific: (IP Law360), (,

Channel Intelligence – Channel Intelligence sues numerous individuals and small companies offering wishlists: (TechCrunch), (Ars Technica),

Classic Media – Ninth Circuit rejects claim by Classic Media that transfer defeated Lassie copyright heirs’ termination rights: Classic Media v Winifred Mewborn: (Patry Copyright Blog), (IP Law360),

Comcast  Corp – Comcast settles voice messaging patent suit with Klausner Technologies: (IP Law360),

Comcast Cable Communications Corp – Comcast wins summary judgment in $590M patent infringement suit filed by Finisar: (IP Law360),

Cooper Technologies Co – CAFC focuses on definition of ‘original application’ as used in a 1999 law, in case in which Cooper sued USPTO for finding one of its patents invalid: (IP Law360),

Crocs – Crocs sues Skechers claiming its line of slip-on foam clogs infringe Crocs’ logo, trade dress and design patents: (IP Law360),

DeepNines – Jury awards DeepNines $18M finding McAfee infringed patent related to network security marked products with invalid patent: (IP Law360),

Dow Chemical Corp – Dow’s fine for ‘malicious’ patent suit against Mee Industries increased to $4.4M: (IP Law360),

eBay – Federal judge rules burden of policing eBay for counterfeits is Tiffany’s: (Ars Technica), (Technology & Marketing Law Blog), (Techdirt), (Counterfeit Chic), (Intellectual Property Law Blog), (The Trademark Blog), (IP Law360), (Electronic Frontier Foundation), (The Gray Blog), (Technology & Marketing Law Blog), (43(B)log), (Public Knowledge), (Out-Law), (Daily Dose of IP), (IP Updates), (IP Law360), (The Trademark Blog),

Flexsys – US ITC to investigate possible infringement of Flexsys patent relating to rubber antigradants by Sinorgchem, Shandong, Korea Kumho Petrochemical Co, Kumho Tire Co, and Kumho Tire USA: (Philip Brooks),

Gillet – Ninth Circuit upholds good faith defence to claim of malicious prosecution in patent infringement case, relies on patentee’s advice on counsel: Fisher Tools Co, Inc v Gillet Outillage: (IP Spotlight),

Google – Google accused of ad fraud by lawyer, Hal Levitte, over AdWords on parked domains: (Ars Technica),

Google – Google can anonymise data before producing to Viacom in copyright battle over infringing clips posted on YouTube: (Out-Law), (Techdirt), (Ars Technica), (Electronic Frontier Foundation), (Viacom letter to EEF re data privacy – Electronic Frontier Foundation), (IMPACT), (IP Law360),

Google – Judge stays Google toolbar patent case awaiting reexam of NetJumper Software’s patent: (IP Law360),

Healthport – Healthport loses patent claims, is enjoined from false advertising: Healthport v Tanita Corp: (Patent Appeal Tracer),

IBM – Ex-IBM employee pleads guilty to felony charge of stealing IBM’s trade secrets: (IP Law360), (Securing Innovation),

IBM – Implicit Networks sues IBM, Oracle, SAP, Adobe and others alleging infringement of application server technology patents: (IP Law360),

Icon Health – Court declines to enforcement settlement, dismisses patent infringement action: Icon Health v Keys Fitness: (Patent Appeal Tracer),

Kimberly-Clark – If I don’t win on claim 1, can I sue on claim 2?: Hemphill v Kimberly-Clark: (Patent Appeal Tracer),

Konami – Video game maker Konami claims Harmoni&xrsquo; ‘Rock Band’ game violates its virtual concert game patent: (Techdirt),

Kuney – CAFC leans on District Court to open sealed patent case: Kuney v Bean (BayState v Bower): (Patently-O),

Major League Soccer – Is MLS sending false DMCA takedown notices?: (Techdirt),

MASS Engineered Design – MASS Engineered motion to clarify construction opinion granted in patent case against Ergotron: (,

Mattel – Jury finds in favour of Barbie manufacturer Mattel in copyright dispute with Bratz doll maker MGA Entertainment: (IP Law360),

Microsoft – MAZ Technologies files patent infringement suit against Microsoft over file software encryption: (IP Law360),

Monster Cable – Monster Cable, Systemax settle patent dispute over packaging designs: (IP Law360),

Muniauction – CAFC overturns $84.6M patent infringement ruling against Thomson Reuters; Muniauction’s web-based implementation deemed obvious; no ‘joint infringement’ without proof of vicarious liability: (IP Updates), (Peter Zura’s 271 Patent Blog), (Hal Wegner), (IP Law360), (Patent Prospector), (Patently-O), (Patently-O),

Orion IP – settles Orion patent case over online sales methods: (IP Law360),

Payless ShoeSource – American Eagle wins preliminary injunction in trade mark suit against Payless over the discount shoe chain’s American Eagle line of shoes and bags: (IP Law360),

Payless ShoeSource – Collective Brands, the holding company of Payless ShoeSource to pay K-Swiss $30M following claims of infringement of K-Swiss’ five-stripe logo: (Managing Intellectual Property),

Qualcomm – Riverbed Technology’s motion for summary judgment denied in data protection patent suit against Qualcomm: (IP Law360),

Rambus – Federal judge denies defendants requests for judgment of noninfringement based on claim construction in Rambus ongoing DRAM patent battle against Samsung, Hynix Semiconductor and others: (IP Law360),

Rambus – Rambus files suit against NVIDIA alleging variety of patent violations in connection with their chipsets and graphic chips; NVIDIA files lawsuit against Rambus alleging anti-competitive conduct in setting memory chip standards: (Ars Technica), (Patent Prospector), (IP Law360), (IP Law360),

Realtek – Realtek will pay 3Com $70M to end suit over network interface card patents: (IP Law360),

Red Hat – Red Hat publishes details of object-relational database mapping patent litigation settlement with Firestar: (Ars Technica),

RIAA – Final RIAA/Jamie Thomas briefs in; new trial decision looms: (Ars Technica),

SCO – SCO ordered to pay Novell $2.5M Unix royalties: (Out-Law), (Techdirt),

Sears Roebuck & Co – Plastic wishbone maker Lucky Break Wishbone Corp prevails in copyright case against Sears and Young & Rubicam: (IP Law360),

Seiko Epson Corp – Judge finds Seiko Epson did not infringe one patent for multimedia projector technology, although several other patents remain in dispute in ongoing litigation with Coretronic and Optoma Technology: (IP Law360),

Townsend and Townsend and Crew LLP – Judge dismisses Aprius’ motion to disqualify TTC from representing plaintiff Frank Shum in optoelectronics patent dispute with Jean-Marc Verdiell and Intel Corp following TTC’s resolution of conflict of interest: (IP Law360),

Uniden – Trontech, Uniden and PhoneTel settle patent infringement claims over patents for digital answering machines: (IP Law360),

Varian Medical Systems– Both parties have appealed from Judge Arthur J Schwab’s final order dismissing University of Pittsburgh’s patent infringement case against Varian –with prejudice – for lack of standing: (Patent Appeal Tracer),

Variant – Variant sues MAACO Enterprises, America’s Contacts & Eyeglasses and other online retailers for using websites that allegedly infringe a patent for communication link between remote facilities: (IP Law360),

Wal-Mart – Attorney’s fees denied to prevailing defendants Ramones band members, Wal-Mart and Realnetworks in copyright case with Richard Reinhardt (pka Richie Ramone): (Patry Copyright Blog),

Walt Disney Co – Oklahoma race car driver sues Disney and Pixar over alleged misappropriation of his likeness for animated film ‘Cars’: (IP Law360),

Walt Disney World – D & M Chaveco sued over costumes resembling Disney characters in their party store: (Techdirt),

Washington Redskins – Federal judge rules in favour of Redskins allowing the football team to continue using trade marks that American Indian group say are racially offensive: (IP Law360),

World Institute of Scientology Enterprises – Eleventh Circuit considers fair use and laches in copyright case Peter Letterese & Assoc v World Institute of Scientology Enterprises: (Patry Copyright Blog)

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