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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Electronic Frontier Foundation and Public Knowledge sue US Trade Representative over allegedly insufficient disclosure under US Freedom of Information Act concerning Anti-Counterfeiting Trade Agreement negotiations: (EFF), (Public Knowledge), (Intellectual Property Watch), (Ars Technica), (Excess Copyright), (Public Knowledge),

Risperdal (Risperidone) – United States: Teva announces CAFC reverses generic Risperdal exclusivity decision; Teva seeks to bar FDA approval of Risperdal ANDAs: (SmartBrief), (FDA Law Blog), (Law 360), (Patent Baristas), (GenericsWeb),

Organisational culture and IP strategy: (IP Think Tank),

Faster, Zyprexa and the Oberlandesgericht: (IP Think Tank)

Electronic Frontier Foundation and Public Knowledge sue US Trade Representative over allegedly insufficient disclosure under US Freedom of Information Act concerning Anti-Counterfeiting Trade Agreement negotiations: (EFF), (Public Knowledge), (Intellectual Property Watch), (Ars Technica), (Excess Copyright), (Public Knowledge),

100 groups demand to see secret anti-counterfeiting treaty: (Michael Geist), (EFF), (IP Justice), (Techdirt), (Ars Technica),

Anti-Counterfeiting Trade Agreement: fact or fiction?: (Wired)

The South strikes back against overreaching IP enforcement: (Intellectual Property Watch)

WIPO assembly set to appoint new head: (Managing Intellectual Property)

Open business systems fill gap in mainstream entertainment industry: (Intellectual Property Watch)

Global – Trade Marks / Domain Names / Brands

Brand values collapse in the face of global financial turmoil: (IAM),

Genericness survey results: (Property, intangible)

Reputation as risk: a lesson from the financial markets: (IAM)

Trade mark protection in the global marketplace: (China Law Blog)

Protecting your business reputation: notes from the 2008 Intangible Asset Finance Society annual conference: (IP Spotlight),

Merged bank names fertile ground for cybersquatters: (Saunders & Silverstein),

What is to be of the Chrysler brand?: (IP finance)

Grasp for straws, drop the whole bundle: (Intellectual Property Directions)

Made in China – A glimpse into the future of patent information: (Thomson Reuters Scientific)

AIPPI Congress: USPTO, EPO, JPO directors speak on worldwide patent pendency: (Managing Intellectual Property)

Eco-Patent Commons responds to critics: (Managing Intellectual Property)

Ron Slusky: Five prescriptions for broader claims: (Patently-O),

Key patent strategies for nanotechnology inventors: (Competitive Info),

WIPO reports increased internationalisation of patent filings: (Stanford Law School)

Times Online to reap rewards of user access to its archive: (IP finance),

Kottke.org on why people pirate games: (The Trademark Blog),

Everyone but Apple joins new ‘buy once, play anywhere’ group: (Ars Technica),

On content industries and understanding creative commons: (creativecommons.org)

Brad Pitt, malware, and dilution by tarnishment: (Saunders & Silverstein),

Flat World Knowledge: an open-source textbook revolution?: (Ars Technica),

Google, GE join forces for green tech research, lobbying: (Ars Technica),

AIPPI Congress: how to protect you IP rights in virtual worlds (Managing Intellectual Property),

Industry still wary of ICANN plan for new top-level internet domains: (Intellectual Property Watch),

Ubuntu-Firefox EULA dustup reignites OSS licensing debate: (Ars Technica),

Media standard backers attempt Apple-less solo run: (Out-Law),

Open Source in Mobile conference: OpenMoko CEO says embrace fragmentation, diversity is a strength: (Ars Technica),

The Wall Street lesson for net neutrality: (Public Knowledge),

Australia: Former CC General Counsel to lead Australian government digital economy push: (creativecommons.org),

India looks to make open WiFi illegal: (Techdirt),

Japan Fair Trade Commission rules Microsoft contracts anti-competitive: (Law360),

New Zealand: Software Protection and open source licensing: (International Law Office),

Europe: European Commission: Google-Yahoo ad deal needs closer look: (Ars Technica),

United States: Congress’ copyright fight puts open access science in peril: (Ars Technica),

United States: Federal lawsuits take on the humble hyperlink: Reisinger v Sheboygan; Jones Day v BlockShopper.com: (Ars Technica),

United States: Will John McCain help the NEXT Blackberry creator?: (Danny Weitzner – Open Internet Policy),

United States: How many lines is de minimis?: (rychlicki.net),

United States: Is the Justice Department really thinking about going after all of Google’s business on antitrust?: (Techdirt), (Techdirt),

Biotech patent law: eleven key pending cases and future developments to watch: (Hal Wegner), (PatentDocs)

Study by The Innovation Group highlights damaging intellectual property has been to biotech: (Techdirt),

Drug regulatory agencies collaborate on counterfeits, new medical products: (Intellectual Property Watch),

Canada: Health Canada releases summary report on industry consultations regarding subsequent entry biologics: (Pharmacapsules @ Gowlings),

Canada: Tax Court of Canada rules GSK transfer pricing case: Results and implications:(Pharmacapsules @ Gowlings),

China: Commercialising biotechnology in China: (Biotech Blog),

Europe: ECJ allows limits on supply intended to stop parallel trade: Lelos v GSK: (IPKat),

Europe: Mixed fortunes for Ratiopharm appeals regarding BioGeneriX trade mark: (Class 46),

India/United States: US FDA bans import of generic drugs from two Ranbaxy plants: (Patent Baristas),

India/United States: US FDA citations to Ranbaxy are an excellent opportunity: (Profitability through Simplicity),

India/US: Ranbaxy retains Rudy Giuliani to lead team in resolution of issues raised by US FDA: (GenericsWeb)

India: GSK, exclusive marketing rights and the Supreme Court: a legal conundrum?: (Spicy IP),

India: Supreme Court on exclusive marketing rights: (Spicy IP),

Japan: First induced pluripotent stem (iPS) cell patent at Kyoto University: (Competitive Info),

Slovenia: Supplementary protection certificates in Slovenia: (The SPC Blog),

United States: Biotech/pharma lobbying scoreboard – second quarter update – part II: (Patent Docs),

United States: Ferring Pharmaceuticals argues to bring down direct purchaser suits: (Law 360),

United States: Transferred distinctiveness leads TTAB to reverse mere descriptiveness refusal of NANOCRYSTAL COLLOIDAL DISPERSION: In re Elan Pharma International Ltd (non precedential): (TTABlog),

United States: University tech transfers – Blockbuster innovations: time to cash in?: (IP finance),

United States: An open letter for the General Counsel of the PTO on your San Diego presentation next week: (Hal Wegner),

United States: Cocoa genome: breaking intellectual property barriers: (Thomson Reuters Scientific),

Vietnam: Patentability of second medical use claims in Vietnam is again questionable: (Trung Truc JSC)

Allegra (Fexofenadine) – Canada: Motion for summary judgment of noninfringement dismissed in patent infringement action brought by AMR against Novopharma, Teva and their suppliers of bulk materials: (Pharmacapsules @ Gowlings),

Fosamax (Alendronate) – United States: Sun Pharma gets FDA approval for generic Fosamax: (GenericsWeb),

Boniva (Ibandronic acid) – United States: Hoffman-La Roche. and Cobalt Pharmaceuticals dismiss claims over one patent for osteoporosis drug: (Law 360),

Monistat-1 (Miconazole) – United States: Johnson & Johnson unit drops patent infringement suit against Perrigo: (Law360), (GenericsWeb),

Neupogen (Filgrastim) – Europe: European Commission approves Teva’s generic version of Neupogen: (Law360),

Risperdal (Risperidone) – United States: Teva announces CAFC reverses generic Risperdal exclusivity decision; Teva seeks to bar FDA approval of Risperdal ANDAs: (SmartBrief), (FDA Law Blog), (Law 360), (Patent Baristas), (GenericsWeb)

Risperdal (Risperidone) – US: Mylan recieves FDA approval for generic version of Risperdal: (GenericsWeb),

Stocrin (Efavirenz) – Brazil to produce inexpensive generic version of Stocrin: (GenericsWeb),

Yasmin (Drospirenone) – Brazil: Federal Court of Appeals declares null Schering’s contraceptive patent and opens possibility to question pipeline patents: (IP tango)

Innovation patents – in need of better formalities review: (IPRoo),

Venture capital and the value of IP continued… Some ideas for bridging the gap?: (IPRoo),

Australia’s National Innovation Review report: Ventureaustralia – venture capital and the value of IP?: (IPRoo),

Giving Goliath the slingshot: Review of the National Innovation System on ‘the costs of enforcing IP rights’: (Australia & New Zealand Intellectual Property Law),

Take patent policy away from lawyers, says Australian government report: (IAM),

Advisory Council announces review of scope of patentable subject matter: (International Law Office),

Federal Court’s flu shot for patent law: Notice to Practitioners – Proceedings under the Patents Act 1990 (Cth): (Australia & New Zealand Intellectual Property Law),

Counterfeit brands website shut down: (Australia & New Zealand Intellectual Property Law),

Mickey Mouse gets the gloves off: Disney Enterprises v Sondavid: (Australian Trade Marks Law Blog),

Australia to become the 9th country to allow Korean searches: (Daily Dose of IP)

Voices from innovation business projects in Brazil and Nigeria: (Intellectual Property Watch)

Supreme Court dismisses leave to appeal Federal Court of Appeal’s ruling on Copyright Board’s Ringtones Tariff payable to SOCAN: (Excess copyright), (Michael Geist), (Excess Copyright),

Canadian Library Association releases Briefing Paper on C-61: (Michael Geist),

Trade mark use not to be inferred: s 45: Grapha-Holding AG v Illinois Tool Works Inc: (Canadian Trademark Blog),

Canadian Federal Court set to fast-track patent cases: (Managing Intellectual Property)

Copyright in the election debate: (Michael Geist),

Calgary Fair Copyright meeting on election: (Michael Geist),

University of Guelph’s CIO on C-61: (Michael Geist),

61 reforms to C-61: (Day 60: photography provisions – Michael Geist), (Day 61: the mysterious section 3 – Michael Geist), (61 reforms to C-61 wrap-up post – Michael Geist)

Deferment of publication of patent applications for up to 18 months counted as from the filing date of the priority application: (Moeller IP Advisors)

New draft of the amended Patent Law has been published by the National People’s Congress: (IPR-Helpdesk),

US says China to sign bilateral cooperation deals on IP enforcement: (Intellectual Property Watch),

Baidu expose suggests that it’s a lot more involved in music downloads that it lets on: (Techdirt)

Egypt powers towards IT sophistication with ‘up to 80%’ counterfeit software: (Afro-IP)

Names of dead celebrities are registrable in Estonia: (Class 46)

Advocate General Mazak delivers opinion in Verein Radetzky-Orden v Bundesvereinigung Kameradschaft ‘Feldmarschall Radetzky’ concerning trade mark use by non-profit associations: (IPKat),

European Court of Justice hears Bavaria NV and Bavaria Italia Srl v Bayerischer Brauerbund eV concerning validity of EU rules that gave Bavarian Brewers rights in ‘Bayersiches Bier’ and German term for ‘Bavarian beer’: (IPKat),

Copyright royalties and competition: the Advocate General opines on yet another angle: Kanal 5 and TV 4 v STIM: (IPKat), (IP finance),

European Court of Justice to consider question regarding customs actions: Zino Davidoff SA v Bundesfinanzdirektion Südost: (Class 46),

European patent examiners need to level with us, not hide behind dubious stats: (IAM),

MARQUES conference in Noordwijk: (Part 1 – Class 46), (Part 2 – Class 46), (Part 3 – Class 46), (Part 4 – Class 46), (Part 5 – Class 46), (Part 6 – Class 46),

Copyright levy forum to focus on grey market: (Managing Intellectual Property),

First presentations from ‘Patent Statistics for Decision Makers’ conference now available online: (EPO), (Peter Zura’s 271 Patent Blog), (Daily Dose of IP),

Staff Union of the European Patent Office call for strike of EPO staff, many of whom will be demonstrating against undermining of European patent organisation: (PatentFools.com), (IP Updates)

German Federal Patent Court: Spaghetti King and lastest issue of ‘Blatt für Patent-, Muster- und Zeichenwesen’ (PMZ): (Class 46)

Politicians using song ‘Africa Money’ – a Ghana copyright case?: (Afro-IP)

Copyright infringement used to prevent screening of anti-Semetic film in Hungary: (The IP Factor)

Bollywood: time to invest in cross-over products?: (IP finance),

Delhi High Court issues ‘Scrabulous’ decision: Mattel wins on trade mark claim but loses on copyright: (Spicy IP),

No infringement if prior use established: (International Law Office),

Patents for a smoke – patents and the morality exception: (Spicy IP)

Making India innovative: a new Indian Innovation Act?: (Spicy IP),

Does the name ‘Hari Puttar’ make you think of ‘Harry Potter’?: (Spicy IP),

Arguments come to a close in Hari Puttar case: (Spicy IP)

Indian Patent Office databases: (Competitive Info),

India – first sound mark application accepted, but procedure still not clear!: (Rouse & Co International)

Court allows registration of Coca-Cola bottle as three-dimensional trade mark: (International Law Office),

Fast-tracking IP on the Japanese Highway and beyond: (Thomson Reuters Scientific)

The rise of space technology: capacity and responsibility: (IP tango)

District Court of The Hague lifts seizure order on scooters imported by Asiangear and alleged to infringe Mm-Exclusief’s FINO mark due to pending trade mark opposition proceeding: (Class 46)

Portakabin v Primakabin: Dutch Supreme Court sends adword case to European Court of Justice: (Class 46)

Nigerian Copyright Commission lashes IP lawyers, training in Nigeria: (Afro- IP)

ANDRUTY KALISKIE wafer heads for protected geographic indication (PGI) status: (Class 46),

Poland Patent Office issues decision regarding Zino Davidoff’s attempt to invalidate A&S Parfume’s COOL WOMAN trade mark: (Class 46)

Anne Pratt appeal dismissed: South African IP licensing and transfer to foreign companies: (Afro-IP),

South African Advertising Standards Authority finds Bayer’s ‘Cal-C-Vita’ trade mark misleading: (Afro-IP)

Application to amend protected designation of origin JAMÓN DE TERUELES for ham: (Class 46)

Officials urge progress on law to boost science, innovation in Thailand: (Intellectual Property Watch)

British police bring fraud and copyright charges over OiNK file-sharing service: (Out-Law), (IPKat),

EA admits that you can only have one Spore player per install: (Techdirt)

Star Wars: the art of film-making, sculpture and copyright defences: LucasFilm v Ainsworth: (International Law Office)

US General

US Senate Judiciary Committee approves Enforcement of Intellectual Property Rights Act of 2008: (Managing Intellectual Property), (Out-Law),

Sen Cardin adds support to Enforcement of Intellectual Property Rights Act of 2008: (Maryland Intellectual Property Law Blog),

Ohio experiments with business only courts: (Philip Brooks’ Patent Infringement Updates),

3 rules for negotiating great settlements: (Law360),

USPTO new fee schedule effective 2 October: (Daily Dose of IP),

The Crocs cautionary tale and instant competition: (Law360),

USPTO new rules on who may represent others before the Patent Office and Trademark Office effective 15 September: (PatentFools.com)

US Patent Reform

Candidates’ technology & innovation policies: (PatentFools.com),

Obama v McCain patent debate (continued): (Hal Wegner),

Obama v McCain patent policy: the key surrogates debate; Chief Judge offers commentaria: (Hal Wegner),

PTO and Federal Circuit presidential appointments: (Hal Wegner),

Trolling: a massive redistribution of the wealth: (PatentFools.com)

US Patents

Acacia tops troll litigation league: (IAM), (Peter Zura’s 271 Patent Blog),

Chief Judge urges Bar to seek en banc review of fundamental issues: (Hal Wegner),

Death to Federal Circuit finality: In re Swanson: (PLI),

Economic turmoil at home and emerging markets abroad affecting patent litigation in the US: (Law360),

Federal Circuit (Transitions): What’s likely to happen in 2009: (Hal Wegner),

Hey, didn’t taxpayers pay for those patents NASA is auctioning off?: (Techdirt),

Information disclosure: less is more for PTO?: (Patently-O),

Is peer review really enough to help the patent system?: (Techdirt),

Percentage of patents where applicants filed disclosure statements: (Patently-O),

Seven important Federal Circuit cases awaiting decision argued more than three months ago; three filed in 2006: (Hal Wegner),

Some strategies for responding to rejections based on inherency: (Patentably Defined),

Supreme Court patent preview for October 2008 term: (Hal Wegner),

TV Giants are flatliners in stereo 3D patents: (Philip Brooks’ Patent Infringement Updates),

Sealed documents in patent lawsuits: (The Prior Art), (PATracer), (Chicago IP Litigation Blog),

Wall Street Journal shines spotlight on tranquil troll, Intellectual Ventures: (Techdirt), (Patent Prospector), (PatentFools.com),

Wonderful IP profits (response to NYT article ‘When Academia puts profit ahead of wonder’): (Financial Aspects of Intellectual Property)

Forbes: Top patent revenue-generating universities: (Peter Zura’s 271 Patent Blog), (Patent Prospector), (California Biotech Law Blog),

Evidence based prosecution: more claims files equates with longer time in prosecution: (Patently-O),

USPTO issues dual memos on 112 rejections: (Peter Zura’s 271 Patent Blog), (Patent Prospector),

USPTO posts comments on new appeals rules: (Patent Docs),

Apple wants to tie your shoes to your clothes with DRM: (Ars Technica),

CAFC decides in favour of Bridgeview Manufacturing finding that Duratech Industries International infringed on its hay-baling technology: Duratech Industries v Bridgeview Manufacturing: (Law360), (Patent Prospector),

CAFC allows re-examination based on reference previously considered by PTO and courts: In re Swanson: (Patently-O),

CAFC finds Leggett & Platt’s LED patent invalid; VUTEk avoids infringement: (Green Patent Blog)

Alloy compositions: ‘consisting essentially of’: Ex parte AGARWAL: (Benefit of Hindsight)

CAFC refuses to revisit July order that overturned ruling allowing Nokia to take patent spat with InterDigital over mobile handsets to arbitration: (Law360),

Chinese action dismissed for want of jurisdiction: Excelstor v Papst: (Hal Wegner), (Patent Prospector), (Law360),

Cooper Technologies’ patent found invalid on grounds of obviousness in battle against Thomas & Betts Corp: (Law360),

Federal Court grants summary judgment to Abbott in lawsuit over Yeda Research and Development Co’s attempt to invalidate its protein patent: (Law360),

Federal judge overturns jury verdict that awarded CCC Group $1.7M in patent dispute with Martin Engineering over method for controlling dust emissions: (Law360),

Jepson claim language creates presumption of a limiting preamble: Eazypower Corp v Jore Corp: (Chicago IP Litigation Blog),

Judge reinstates $595M award in Cordis patent suit involving Boston Scientific and Medtronic: (Law360),

Supreme Court to consider Certiorari Petition re constitutionality of PTO judicial appointments: Translogic Technology v Dudas: (The TTABlog),

USPTO upholds rejections in Tessera patent re-exam: (Law360),

W L Gore wins summary judgment of nonininfringement in aneurysm patent feud with Edwards Lifesciences: (Law360)

US Patents – Lawsuits and strategic steps

Abbott Laboratories – Bristol-Myers Squibb accuses Abbot of infringing patent for baby formula container: (Law360),

BMW – Bluestar Wheels agrees to stop sales of wheel rims that BMW claim infringe their design patents: (Law360),

CDW – CDW Corp. moves to drop its third-party claims against five defendants in a suit originally filed by Mass Engineered Design Inc. over electronic display screens: (Law360),

Cordis – Federal judge allows stent patent lawsuit filed by Spectralytics against Cordis and Norman Noble to go to trial: (Law360),

DataTreasury – Harris Bankcorp settles claims in DataTreasury’s ongoing patent infringement suit over cheque- imaging: (Law360),

Glaxo Group – Glaxo Group and SmithKline Beecham want USPTO Appeals Board ruling regarding validity of inhaler patents overturned: (Law360),

Google – Google tries to patent floating data centres: (Techdirt), (Ars Technica),

Key Energy – Key Energy sues rivals C C Forbes and Petron Industries over oil well repair patents: (Law360),

LSI – International Trade Commission to investigate Freescale Semiconductor’s claims that LSI Corp is infringing its integrated circuit patents: (Law360),

LSI – ProMOS accuses LSI Corp and subsidiary Agere Systems of making and selling semiconductor parts that infringe a ProMOS patent: (Law360),

Microlinc – Motion for stay pending rexamination granted: Microlinc v Intel: (EDTexweblog.com),

N-Data – N-Data wins stay of patent lawsuit against Dell pending approval of consent decree between N-Data and US Federal Trade Commission: (Law360),

Nexicon – Nexicon wants to patent automated pay-up-or-we-sue pre-settlement letters for file sharing: (Techdirt),

Nichia Corp – Nichia opens new front in LED patent battle against Seoul Semiconductor filing suit in ED Michigan: (Green Patent Blog),

Nintendo – International Trade Commission to investigate allegations that Nintendo’s Wii violates Hillcrest Laboratories’ patents: (Law360),

Rambus – Rambus seeks info on Nanya’s DRAM deals: (Law360),

Samsung – Wistron sues Samsung over PC power patents: (Law360),

Skype – Skype faces allegations of infringement of Flexiworld’s patent covering apparatus, methods and systems for anonymous communication: (Washington State Patent Law Blog),

Sun Microsystems – FuzzySharp Technologies files suit against Sun over patents related to computer graphics systems: (Law360),

Visa USA – SpendingMoney launches patent infringement suit against American Express and Visa over prepaid debit cards: (Law360)

VNUS – CoolTouch hits back at VNUS alleging its laser patents are invalid or unenforceable due to inequitable prosecution: (Law360),

US Copyright

A map for navigating DMCA’s safe harbours: (Law360),

Disney and the copyright on Mickey Mouse: ( Rowling ruling offers few surprises for copyright law (Law360),

Why do the police call in the RIAA to investigate potential crimes?: (Techdirt)

US Copyright – Lawsuits and strategic steps

Blueprint Test Preparation – Judge issues preliminary injunction against Blueprint in response to lawsuit brought by Robin Singh Educational Services alleging Blueprint’s creators stole teaching methods from rival test preparation company: (Law360),

RIAA – RIAA tries to sanction file-sharer defence lawyer Ray Beckerman: (Techdirt), (The Trademark Blog), (Excess Copyright), (Ars Technica)

US Trademarks

Madrid Protocol and extending trade mark protection: (Law360)

CAFC revives AutoZone Parts’ lawsuit accusing Strick Enterprises of infringing ‘AutoZone’ trade mark: (Law360),

Adidas-Payless court finds no juror misconduct, reduces damages to $65M: (Seattle Trademark Lawyer), (Rebecca Tushnet’s 43(B)log), (The Trademark Blog)

Court finds decorative design can cause dilution: Adidas America v Payless Shoesource: (Seattle Trademark Lawyer),

No heightened pleading for trade mark-based unjust enrichment claim: Vulcan Gold v Google: (Chicago IP Litigation Blog),

TTAB reverses mere descriptiveness refusal of MY HORSE PLAYER for handicapping software: In re Scott McKeever (non precedential): (TTABlog)

Affirming 2(d) refusal of ’17’ for clothing, TTAB rejects attempt to limit goods in cited registration: In re Roush Fenway Racing, LLC: (The TTABlog),

Finding customised tapestry ordering kits not to be goods in trade, TTAB affirm refusal to register WOVEN MOMENTS: In re The Manual Woodworkers & Weavers Inc (non precedential): (The TTABlog)

US Trade Marks – Lawsuits and strategic steps

American Bar Association – ABA, Collen IP settle trade mark dispute: (Law360)

Jones Day – Jones Day files trade mark infringement lawsuit against BlockShopper.com website in response to its posting attorney home purchase information: (The Trademark Blog), (Chicago IP Litigation Blog), (Techdirt),

Le Sportsac – Harriet Brown & Co files trade mark infringement suit against Le Sportsac for unauthorised use of Greta Garbo’s name on handbags: (Law360),

UW-Madison – Washburn University agrees to modify athletic logo in response to UW-Madison’s federal trade mark infringement lawsuit against the school: (The Trademark Blog)