IP Think Tank Global Week in Review – 21 March 2008

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

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

  • WIPO Director General hails 125th anniversary of Paris
    Convention: (WIPO)

  • Global – Trade
    Marks / Domain Names / Brands
  • WIPO:
    domain ‘pradagirls.com’ registered in bad faith: (Class
  • INTA Advanced Trademark Symposium: (Report 1 – IPKat),
    (Report 2 – IPKat),
    (Report 3 – IPKat),
    (Report 4 – IPKat),
    (Report 5 – IPKat),
    (Report 6 – IPKat),
    (Report 7 – IPKat),
    (Catch Us
    If You Can!!!
  • INTA roundtable on ‘Internet domain names: A
    trademark practitioner’s point of view’ – Manhattan,
    14 April: (The
    Trademark Blog
  • INTA trade mark conference, Sydney: OHIM President offers to host
    roundtable to cut red tape facing businesses attempting to obtain worldwide IP
    protection: (IPwar’s)
  • Domain tasting: why are IP owners silent?: (IP finance),
  • ICANN proposes new anti-domain tasting solution: (Out-Law),
  • Three strikes, three countries:France, Japan
    and Sweden:
    Frontier Foundation

Global – Patents

Global – Copyright

  • Sound
    copyright: (Creative
  • WIPO:
    Panellists outline strategies on exceptions and limitations to copyright: (Intellectual Property
  • WIPO
    Copyright Committee considers many proposals for 2008 Work Program: (IP
  • ISPs
    and P2P: (Michael
  • File-sharing,
    LimeWire, identity thieves, and 9-year-olds: Solutions are needed: (IPcentral.info),
  • WIPO
    panel sees tension between IP and human rights: (Intellectual Property
  • DRM
    gets another lease of life – reports that iTunes will launch scheme allowing
    unlimited downloads for a monthly fee: (IMPACT)

& Biotech

Pharma & Biotech – General

  • Are
    generic medicines inferior compared to branded medicines?: (Generic
    Pharmaceuticals & IP
  • EU:
    Counterfeit medicines in the EU: a new consultation: (Class
  • Thailand US
    Trade Representative to ‘talk’ to Thai government: (Generic
    Pharmaceuticals & IP

  • US:
    Cellectis SA files suit against Precision BioSciences, alleging infringement of
    two patents relating to materials used to make genome modifications in certain
    types of organisms: (IP
  • US:
    PharmaBiotech IP Summit 28-30 May, Philadelphia will address
    patent reform and its potential impact on IP practitioners within the pharmaceutical
    and biotech industries: (Patent

  • US:
    Legislators introduce Follow-on Biologics Bill: (IP
    ), (Patent
  • US:
    Want generic biotech? You might wait 14 more years: (GenericsWeb),
  • US:
    Hypocrisy at FTCR?: (IPBiz),
  • US:
    Two remaining challenged WARF embryonic stem cell patents upheld in ex parte
    reexamination: (Holman’s
    Biotech IP Blog

Pharma & Biotech – Products

  • Aricept
    (Donepezil) – USV wins appeal against USPTO decision: (Spicy
  • Celerex
    (Celecoxib) – CAFC decision in Celebrex patents dispute between Pfizer and Teva
    will cut patent term by one and a half years: (Patent
  • Inersan
    – Ranbaxy in-licenses Inersan to CD Pharma to market in India and Nepal: (Generic
    Pharmaceuticals & IP

  • Lipitor
    (Atorvastatin) – Federal Court of Appeal in Canada upholds Lipitor enantiomer
    patent, Decision prevents launch of generic product by Ranbaxy until 2010: (SmartBrief),
  • Mircera (Methoxy polyethylene glycol-epoetin beta) – In defiance of Kinik, Federal Circuit rules 271(e)(1)
    safeharbour applies to ITC action against importation of product made by
    patented process: Amgen v ITC and Roche
    : (Patently-O), (Patent Prospector), (IP Updates), (IP Law360), (Patent
  • Strattera (Atomoxetine) – US District Court of Virginia dismisses patent
    dispute between Eli Lilly & Co. and Synthon Laboratories despite objections
    from one of Synthon’s co-defendants facing similar claims in another district:
  • Sutent
    (Sunitinib) / Tarceva (Erlotinib) – Roche expected to assert its right to
    attend compulsory license hearing at Delhi Patent Office: (Intellectual Property
  • Tarceva
    (Erlotinib) – Delhi High Court allows Cipla to continue manufacturing Erlotinib
    until a final ruling is given in its case against Roche: (Spicy
    ), (Generic
    Pharmaceuticals & IP
    ), (IP
  • TriCor
    (Fenofibrate) – 18 states and District of Columbia file lawsuit alleging Abbott
    Laboratories and Fournier Industrie et Sante conspired to delay a generic
    version of TriCor reaching the market by filing a series of frivolous patent
    infringement lawsuits: (IP
    ), (GenericsWeb),
  • Uroxatral
    (Alfuzosin) – Sanofi-Aventis sues Wockhardt over Uroxatral patent in US: (IP
  • Valcyte
    (Valganciclovir) – US District Court dismisses Ranbaxy’s motion for summary
    judgment in patent infringement suit launched by Roche Palo Alto over Roche’s
    patent for Valcyte: (IP
  • XenaDerm
    – US District Court refuses to dismiss Healthpoint and DPT Laboratories’
    lawsuit accusing Allen Pharmaceutical and another of wrongly claiming their
    product is a generic equivalent of XenaDerm: (IP


  • South Africa Supreme Court of
    Appeal decision on security of costs: D W Zietsma Electronic Media Network Limited: (Afro-IP),
  • Namibia Industrial Property Draft
    Bill circulated for comment: (Afro-IP),
  • Who owns ‘Africa money’?: (Afro-IP)


  • Professor Fitzgerald’s opinion article ‘It’s
    vital to sort out ownership of ideas’: (IP:KCE)




  • Sobering thoughts from China IP
    protection statistics and projections: (IAM),
  • Obviousness under Chinese patent
    law: (IP
  • Interview with WorkTools cofounder
    regarding experience with Chinese and Taiwanese patents: (IP
    ), (IP
  • The IPR Crises: (Ezine


  • Eurostat publishes new edition of
    report ‘Science, Technology and Innovation in Europe’: (IPR-Helpdesk)
  • Data protection of children:
    ensuring consent as children mature: (Out-Law), (Techdirt),
  • COMMUNIA conference on public
    domain in the digital age – Belgium, 30 June to 1 July: (opencontentlawyer.com),
  • Martini SpA enjoys double victory
    against Martini & Rossi before the OHIM Board of Appeal: (Class
  • OHIM: Google fails to obtain pan-EU trade mark protection for ‘Gmail’ due to confusingly similar German trade mark (Class 46), (Ars
  • EC holding inquiry into trade mark
    system in Europe: (IPwar’s),
  • Results of OHIM User Satisfaction Survey
    2007: (Class
    ), (BLOG@IP::JUR)


  • More
    counterfeit goods seized in 2007: (Class 46),
  • News from
    patent attorneys and lawyers professions merger deliberations: (BLOG@IP::JUR)


  • Current issue of PMZ with Federal
    Patent Court statistics: (Class
  • German government unable to correct
    London Agreement implementation law in due time: (BLOG@IP::JUR),
  • German court tightens up ISP, phone
    data retention rules: (Ars


  • Two Kerala rice varieties get GIs:
  • India considers Bayh-Dole type
    legislation: (IAM),
  • ‘Gillette defence’ used in Indian
    patent case J Mitra and Co Pvt Ltd v
    Kesar Medicaments
    : (International
    Law Office
  • Content owners join forces to
    combat low revenue shares, piracy: (Content
  • Indian government issues IP
    Enforcement Rules: (Spicy
  • Spicy IP interview with Director
    General of CSIR, Dr Samir K Brahmachari: (Spicy


  • Irish ISP, Eircom, sued by record labels over file-sharing by users: (Out-Law)


  • Israel
    rebukes US: Our copyright laws are fine, thanks: (Ars
    ), (IP
  • Trade
    mark for ‘Bladeless Razor’ rejected for descriptiveness: (IP


  • Italian
    Supreme Court decides compatible bricks for Lego systems ‘not unfair competition’:
  • Consorzio
    del Prosciutto di Parma crackdown on fake Parma hams sold in Italy: (Class


  • ISPs to take on downloaders: (IPKat)


  • Supreme Court decision clears way
    for Lithuanian collecting society to claim levies from all Lithuanian importers
    of blank media: (IPKat)


  • District
    Court in The Hague dismisses trade mark claims brought by Andy Scott of British
    pop band The Sweet against Galaxy Music BV: (Class 46)


  • EFTA guidance on international exhaustion requested in L’Oreal Norge AS v Smart Club Norge AS: (Class


  • No confusion between MAKROTERM and
    MAKRO: (Class
  • High fees for trade marks: (Class


  • New Serbian .rs domain name is a success: (Class


  • Sweden becoming less friendly to file sharing: (Techdirt),
  • Swedish Pirate Party rejects Swedish plan to enable courts to order ISPs to
    reveal IP addresses of file-sharers: (Ars


United Kingdom

  • Yahoo! – UK decision on
    sponsored linking and trade mark infringement: (Rouse & Co International),
  • Worldwide
    piracy crackdown threatens ISPs: (IMPACT),
  • High
    Court overturns UKIPO decision to refuse computer program patent application in
    Symbian’s Patent Application, UKIPO
    announces it will appeal (equivalent patent granted by EPO): (IPKat), (Out-Law), (Peter Zura’s 271 Patent Blog), (IPEG), (Techdirt), (IP Law360), (IP Factor),
  • JK
    Rowling sues to block fan site’s Harry Potter book: (Out-Law),
  • DSS’s UK patent
    invalidated in European Central Bank v
    Document Security Systems Inc
    : (IPKat),
  • Scottish
    Court hands down judgment in passing-off case Wise Property Care Limited v White Thomson Preservation Limited &
    : (IPKat),
  • Government
    must take data protection more seriously, says Parliamentary committee: (Out-Law),
  • Personal
    data: Information Commissioner to focus on reducing risk, not enforcement: (Out-Law)

United States


  • IP
    litigation at the ITC: Recent developments and best practices: (Philip Brooks)

Patent Reform


US Copyright


  • USPTO requires written description
    in application for trade marks containing non-standard characters: (IP
    ), (IP
  • New trade mark description rule to
    take effect 13 May 2008: (Daily
    Dose of IP
  • Trade mark declaration audits for
    fraud remediation: (IP

– Companies / Entities

  • Apple –
    Apple sued by Mirror Worlds over document streaming patents: (IP Law360), (Ars Technica), (IPBiz),
  • Barnes
    & Noble – Illinois federal judge allows infringement case against Barnes
    & Noble and Aeropostale to proceed after denying claims that MedCom USA’s
    patent for prepaid phone and gift card technology is invalid: (IP Law360),
  • BrainLAB
    – Although Medtronic’s patent suit was dismisses last year, the company faces a
    request from BrainLAB to pay $6M for legal fees: (IP Law360),
  • Cardica –
    Federal judge refuses to dismiss patent interference suit brought by Cardica
    against Integrated Vascular Interventional Technologies over patents covering
    an apparatus for minimally invasive bypass surgeries: (IP Law360),
  • Citigroup
    Credit Services – Court dismisses copyright case brought against Citigroup
    Credit Services and its counsel by FM Industries over program used to manage
    debt collection information: (IP Law360),
  • Citrix –
    Citrix wins stay in patent dispute with Communique, pending patent
    re-examination: (IP Law360),
  • Cook –
    Court rules endovascular grafts manufactured by Cook do not infringe Edwards
    Lifesciences patents: (IP Law360),
  • Dime
    Group International – Court stays Dime’s trade mark infringement claims pending
    international arbitration in Russia: Dime
    Group Int’l, Inc v Soyuz-Victan USA, LLC
    : (Chicago IP Litigation Blog),
  • Dell – Dell
    fails to invalidate Mass Engineered Designs’ patent relating to multiscreen
    display units: (IP Law360),
  • Dupre –
    Spitzer call girl, Ashley Dupre, threatens news outlets over copyright: (Techdirt), (43(B)log), (Patry Copyright Blog),
  • eBay –
    Split decision for eBay refines internet trade mark infringement standards: Purfumebay.com v eBay: (Intellectual Property Law Blog),
  • Finjan –
    Finjan awarded $9 million upon finding that Secure Computing Corp willfully
    infringed three web antivirus patents: (IP Law360),
  • Guatanamera Cigars – TTAB decides
    GUATANAMERA geographically misdescriptive for cigars: Corporacion Habanos, SA v Guatanamera Cigars Co: (IP
  • IBM –
    Harry&David bring patent suit against IBM over WebSphere and Net Commerce
    software: (IPBiz),
  • ImagePoint
    – CAFC reverses noninfringement ruling in patent dispute over menu board
    technology: LSI Industries, Inc v
    ImagePoint, Inc
    : (IP Law360), (Peter Zura’s 271 Patent Blog), (Patent Prospector),
  • iParadigms
    (Turnitin) – Court rules that plagiarism detection is fair use in case brought
    by four students over use of archived student works: (43(B)log),
  • Medsafe
    Technologies – Medsafe files suit against Becton Dickinson & Co and
    Retractable Technologies for infringement of safety syringe patent: (IP Law360),
  • Microsoft
    – Veritas invalidates Microsoft’s data base patent: (Washington State Patent Law Blog),
  • Motorola
    – USPTO refuses to register Motorola radio’s chirp as a trade mark: (IP Law360),
  • Nortel –
    Remittitur granted from $28 million to $11.82 million in QPSX patent case against
    Nortel: (EDTexweblog.com), (Patent Prospector), (IP Law360),
  • Nymex – Supreme
    Court denies petition for writ of certiorari filed by the New York Mercantile
    Exchange, affirming an appellate court’s ruling that Nymex’s settlement prices
    for oil and gas futures cannot be copyrighted: (IP Law360),
  • Palm –
    Canadian residents, Howard B Rosen and Robert M Nelson sue Palm for patent
    infringement relating to wireless phone automatic dialing technology: (IP Law360),
  • PharmaStem
    Therapeutics – High Court denies writ of certiorari in blood storage patent
    suit brought by PharmaStem against ViaCell: (IP Law360),
  • Qualcomm
    – Appellate judge refuses to block lower court’s permanent injunction barring
    Qualcomm from importing and selling chips and devices that allegedly infringe
    three Broadcom patents: (IP Law360),
    awarded $23,250, or $750 in statutory damages for each of the 31 songs named in
    the lawsuit, plus $420 in court costs: Atlantic
    v Anderson
    : (Ars Technica),
  • RIAA –
    Tanya Andersen refiles class action against the RIAA alleging racketeering,
    fraud, illegal spying: (Techdirt), (The IP ADR Blog),
  • Sony –
    ITC probes Sony in LED patent case: (IP Law360),
  • Strom –
    District Court holds breached settlement agreement does not create patent
    jurisdiction in Strom v Strom Closures,
    : (Chicago IP Litigation Blog),
  • TiVo –
    Dish Network asks CAFC to reconsider damages award to TiVo for patent
    infringement: (IP Law360), (Patent Prospector),
  • Zimmer – Hudson
    Surgical Design sues Zimmer alleging infringement of two patents relating to
    knee replacement implants and surgical techniques: (IP Law360)

3 Comments on “IP Think Tank Global Week in Review – 21 March 2008

  1. Dear Duncan,
    I am very impressed with your weekly special ‘IP Think Tank Global Week in Review’, which gives one a great overview of our fascinating field of study.
    Danny Friedmann
    Editor IP Dragon 知識產權龍, gathering, commenting on and sharing information about intellectual property in China to make it more transparent, since 2005

  2. Dear Duncan,
    Ron Firmin’s article is not accurate anymore.
    China fully complies with both WIPO’s Copyright Treaty and Performances and Phonograms Treaty. Its accession was expected in 2006, but China acceded only March 9, 2007 and it ratified both treaties June 9th, 2007.
    IP Dragon 知識產權龍

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