IP Think Tank Global Week in Review – 22 August 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:

DRM for streaming music dies a quiet death: (Electronic Frontier Foundation), (Techdirt)

CAFC decides Apotex and Impax infringed AstraZeneca’s Prilosec patents: (Law360), (Patent Prospector), (Patent Docs), (GenericsWeb),

CAFC upholds lower court’s decision finding USPTO was within its rights to subject a Cooper patent to inter partes re-examination: (Hal Wegner), (Law360), (Peter Zura’s 271 Patent Blog), (Patently-O), (Patent Prospector),

Copyright remedies confirmed for open source agreements: Jacobsen v Katzer: (IP Thinktank), (Out-Law), (Managing Intellectual Property), (Spicy IP), (Law360), (IP Law Observer), (IP Spotlight),

Judge rules that content owners must consider fair use before sending takedowns: Stephanie Lenz v Universal Music Corporation: (Electronic Frontier Foundation), (IPKat), (Techdirt), (The Prior Art), (Technology & Marketing Law Blog), (Public Knowledge), (IP Spotlight), (Copyfight),

Global – General

Top three things leaders need to know about IP: (IP Thinktank),

An IP slam dunk in the Beijing Water Cube – article by Allan Main: (IP Thinktank),

How to prevent IP ownership issues when a corporate strategic alliance, joint venture or open innovation project fails: (IP Asset Maximiser Blog),

Apple lobbied US Patent Reform Act 2007, US and EU copyright laws and more in second quarter: (Ars Technica),

BizWorld launches new monthly newsletter ‘Intellectual Property Marketing Advisor’: (IP finance),

Journal of Intellectual Property Law & Practice articles ‘IP in investment banking: IP in IPOs’ and ‘Trade mark warranties in merger and acquisition transactions’: (IP finance)


Global – Trade Marks / Domain Names / Brands

Renting shirt space – the reality of sponsorship: (IP finance),

ICANN backs auction of disputed domains: (Out-Law),

Cuil versus Google – the value of brands in the Web 2.0 economy: (IP finance),

Fall 2008 Ocean Tomo catalogue: Foreclosure domain + toll-free portfolio up for auction: (IP finance),

WIPO arbitration panel orders deutschpost.com be transferred to legitimate owner Deutsche Post AG: (Class 46)

Global – Patents

The real inventors of the term ‘patent troll’ revealed: (IAM),

Modification of kind codes from 1 January 2009: (EPO),

Confessions of a non-recovering patent troll enabler: (IP Asset Maximiser Blog),

Exposing the patent troll playbook… and how to (almost) beat it: (Techdirt),

On Patent Pools and Cross Licensing: (Spicy IP)

Olympians benefit from patents too – Ruth Soetendorp on sports patents: (IPKat),

Obviousness: A Paradigm Shift?: (Part 1 – SPICY IP), (Part 2 – SPICY IP)

Global – Copyright

International Federation of the Phonographic Industry (IFPI): ‘Three strikes’ effort hit worldwide home run: (Ars Technica),

How to attribute a Creative Commons licensed work: (Molly Kleinman),

Chrysalis disappoints, as new artists fail to incubate: (IP finance),

DRM for streaming music dies a quiet death: (Electronic Frontier Foundation), (Techdirt)


26 August: WIPO symposium on IP and multilateral agreements – Geneva: (IPKat), (IPR-Helpdesk),

27 August: Bar Association of District of Columbia seminar patent licensing after Quanta – Washington: (Hal Wegner),

1-3 September: Federation of Indian Chambers of Commerce and Industry, Department of Industrial Property and Promotion, and WIPO conference on ‘Development and IP: Building synergies with policy makers and industry’ – Goa: (Patent Circle), (Spicy IP),

3 September: Managing Intellectual Property e-symposium ‘Global patent strategies: best practices for successfully managing your patent portfolio’: (Managing Intellectual Property), (Managing Intellectual Property),

3 September: National Constitution Center audio conference ‘Managing IP rights in China: keys to protect your client’: (Philip Brooks),

10 September – SOLO IP Group meeting with keynote speaker Stuart Greenhill of LexisNexis – London: (SOLO Independent IP Practitioners),

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), (Orange Book Blog),

16 September: Brand Finance Forum (Dominic Hickman speaking on establishing a brand holding and management company) – London: (Rouse & Co International),

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

17 September: K & L Gates webinar on ‘Strategies for dealing with obviousness rejections by the PTO in the aftermath of KSR’: (Patent Prospector),

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), (FDA Law Blog),

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), (IPKat), (Rouse & Co International),

23-24 September: C5 ‘Biotech patenting’ conference – London: (Orange Book Blog), (Patent Docs),

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

25 September: BIA annual bioscience forum – London: (The SPC Blog),

28-29 September: C5 pharma/biotech IP due diligence conference – Amsterdam: (Patent Docs),

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

1-2 October: Brand Licensing Europe 2008 – London: (Class 46),

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

15 October: IncreMental Advantage conference on the roles and responsibilities of the Chief Intellectual Property Officer – New York: (Philip Brooks),

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: (Patent Docs), (Philip Brooks),

20-21 October: PLI seminar on understanding the IP license 2008 – Chicago, New York: (Philip Brooks),

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

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

29-30 October: Ocean Tomo Fall IP auction and conference – Chicago: (IP finance),

29 September – 2 October: IRPI conference on ‘Valorisation of innovation: practice and problems of licensing’ – Paris: (IPR-Helpdesk),

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

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

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

19-20 November: ACI Paragraph IV on trial conference – New York: (Patent Docs),

17-18 November: ACI intensive course on pharmaceutical and biotech patent opinion writing – Boston: (Patent Baristas),

24-26 November: National Institute for Science Communication and Information Resources (NISCAIR) ‘National conference on traditional knowledge systems, intellectual property rights and their relevance for sustainable development’ – New Delhi: (Spicy IP),

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

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

8-9 December: ACI intensive course on pharmaceutical and biotech patent opinion writing – Atlanta: (Patent Baristas),

15-16 December: PLI seminar on understanding the IP license 2008 (with live webcast) – San Francisco: (Philip Brooks)

12-13 January 2009: ACI intensive course on pharmaceutical and biotech patent opinion writing – San Diego: (Patent Baristas)

Pharma & Biotech
Pharma & Biotech – General

Contract research helps keep drug pipeline flowing: (Biotech Blog),

Brazil: Life Sciences Intellectual Property article on data exclusivity in Brazil: (IP tango),

Canada: Patented Medicine Prices Review Board (PMPRB) to require reporting of payments to third parties: (Pharmacapsules@Gowlings),

Europe: Biogenerics: A move towards regulation of the unknown: (GenericsWeb),

India: US government investigates Ranbaxy for substandard manufacturing: (Spicy IP),

India: Indian government to take charge of buying patented drugs and devices for the country?: (Spicy IP),

India: Natco to focus on technology, drug retailing: (GenericsWeb),

Thailand: Compulsory licensing will continue: (IPmed),

US: Pharma suits still low despite International Trade Commission (ITC) surge: (Law360),

US: Biomedical companies Sequenom and Beckman spar over genotyping patents: (Law360),

US: David v Monsanto – Gene sequence patent-eligibility: (Hal Wegner),

US government applies for international patent for bird flu vaccine: (IPmed),

US: Former City of Hope inventor files suit against former employer to collect back royalties: (California Biotech Law Blog),

US: Biotech/Pharma lobbying scoreboard – Second quarter update: (Patent Docs),

US: Applera, Illumina spar over DNA sequencing patents: (Law360)

Pharma & Biotech – Products

Alavert (Loratadine) – US: Divided TTAB panel finds ALAVERT and WALVERT confusingly similar for antihistamines: Wyeth v Walgreen (non precedential): (TTABlog),

Effexor (Venlafaxine) – US: Wyeth files patent suit against Apotex over plans for generic Effexor: (Law360),

Glivec (Imatinib) – India: Patent Office Manual: Pre-judging Novartis’ Glivec case?: (Spicy IP),

Multikine – Israel/Turkey: CEL-SCI announces exclusive licensing agreement with Teva for Multikine: (SmartBrief), (GenericsWeb),

Oscion/Triaz (Benzoyl peroxide) – US: CAFC rules marking of prescription drug does not create declaratory judgment jurisdiction: Prasco v Medicis Pharmaceutical Corp: (Patently-O), (Patent Docs), (Patent Prospector),

Plavix (Clopidogrel) – Australia: Enantiomer claims fail; salt claims stand: Apotex v Sanofi-Aventis: (Australia & New Zealand Intellectual Property Law),

Plavix (Clopidogrel) – US: Federal judge denies Bristol-Myers Squibb’s motion to dismiss securities class action over BMS’ failure to properly disclose generic Plavix patent deal: (Law360),

Prilosec (Omeprazole) – US: CAFC decides Apotex and Impax infringed AstraZeneca’s Prilosec patents: (Law360), (Patent Prospector), (Patent Docs), (GenericsWeb),

Proamatine (Midodrine hydrochloride) – US: FDA issues comments concerning Midodrine HCl exclusivity issues; threatens to withdraw first subpart H approval: (FDA Law Blog),

Razadyne (Galantamine) – US: Janssen files patent infringement suit against Sandoz over Razadyne ANDA: (Law360),

Tenofovir and Emtricitabine – UK: High Court allows grant of supplementary protection certificate to Gilead for a combination of tenofovir and emtricitabine: (Rouse & Co International),

TriCor (Fenofibrate) – US: Drugstores and other outlets granted class status in case against TriCor manufacturer over string of allegedly frivolous patent suits to prevent generic version of TriCor: (Law360)


‘Design Africa’ programme – a springboard for top-end export: (Afro-IP),

Legatum Prize seeks out profitable innovators: (Afro-IP)

Andean Community

New Andean Decision 689 – New Andean Rules on Industrial Property: (IP tango)


Mygazines infringing copyright; jurisdictional issues: (IMPACT)


Amendment of Consumer Protection Law and its effect on IP rights: (International Law Office), (IP tango),

Pernod Richard invests in Graffigna wine brand: (IP tango)


Full Federal Court gives clarity to meaning of ‘publicly available’: Insta Image Pty Ltd v KD Kanopy Australasia Pty Ltd: (International Law Office),

Federal Court decides ‘contrary to law’ can include foreign law in trade mark case Neumann v Sons of the Desert SL: (Australian Trade Marks Law Blog)


Creative Commons Austria licensing suite goes live!: (Creative Commons),


eBay wins Belgian victory over counterfeit sales: L’Oreal v eBay: (Out-Law)


Battle over GREEN SHIFT trade mark between Liberal Party of Canada and Green Shift Inc steps up: (Canadian Trademark Blog),

Canadian Private Copying Collective wins $1.75M settlement over unreported sales of blank audio media: (Michael Geist)

Bill C-61

61 reforms to C-61: (Day 39: TPMs – no DRM labelling requirement – Michael Geist), (Day 40: TPMs – no regular review process – Michael Geist), (Day 41: ISP notice and notice – mandatory data retention – Michael Geist), (Day 42 – ISP notice and notice – no penalty for false notices – Michael Geist), (Day 43: ILTs – safe harbour largely illusory – Michael Geist), (Day 44 – ILTs – notice and takedown for search engines – Michael Geist),

Copyright lobbying behind closed doors: (Michael Geist),

Media coverage of C-61 controversy: (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist)

Stephane Dion promises to revise C-61?: (Michael Geist),

Bell’s PVR legal woes the tip of the C-61 iceberg: (Michael Geist),

Athabasca University VP on C-61: (Michael Geist),

Toronto Fair Copyright Chapter planning to attend Bruce Stanton town hall meeting: (Michael Geist),


Negotiating IP licenses and disputes with Chinese nationals: (IP ADR Blog),

Scotch Whisky Association obtains geographical indication protection in China for the term ‘Scotch Whisky’: (IPKat), (Spicy IP),

Covering up any brand in Beijing that hasn’t paid to sponsor the Olympics: (Techdirt)


Amstrup patent case decided after 28 years in the courts: (Innovationpartners),

Maritime and Commercial Court finds confusing similarity and wilful trade mark infringement in Haribo Lakrids A/S v Hela Wine & Spirits; further damages ordered in line with EU Enforcement Directive: (International Law Office), (Class 46)


Absence of common patent filing system in EU causes tear among members and affects SMEs worst: (ipmINDs),

In which our hero tries to comprehend EU copyright issues – controversy over European Parliament’s new telecoms package: (Copyfight),

Truth, transparency and the role of academic research – discussion of open letter sent to President of the European Commission regarding Institute for Information Law (IViR) studies on EU copyright law and policy: (IPKat),

European Economic and Social Committee on IP rights and trade agreement negotiations: (IPKat),

European Commission open access pilot: (Patenting Lives)


New publication from India: The Indian Journal of Intellectual Property Law: (IPKat), (Spicy IP),

Traditional knowledge in the Hindu Kush: (Spicy IP),

Free Software User Group to hold candle light vigil to say no to software patents – 23 August: (Spicy IP),

India’s first sound mark registered in favour of Yahoo: (Spicy IP),

United Nations Conference on Trade and Development to support geographic indication for Banarasi Silk: (Spicy IP),

Business Standard column on anti-IP crusade of Gilberto Gil and copyright regime in India: (Spicy IP),

Chrysler accuses Mahindra & Mahindra of copying design of Scorpio’s front grill: (Spicy IP), (IPKat),

The Draft Manual of the Patent Office and Spicy IP’s recommendations on section 3(d): (Spicy IP),

How can IP assist the fashion industry?: (International Law Office)


‘Technical difficulties’ is reason why Irish Patent Office is more than a year behind in putting written grounds for opposition decisions on website: (Class 46)

Why did Italian ISPs redirect Pirate Bay traffic to IFPI site?: (Techdirt),

Court of Milano applies European Court of Justice guidance on trade marks and mere embellishment in ADIDAS v F2M: (Catch Us If You Can!!!)

Latin America

Business News America interview with Senior Director of Zoho: Open source, piracy and affordable products: (IP tango),


International Trademark Association’s (INTA) Bulletin carries an update on appellations of origin and geographical indications in Mexico: (IP tango)

Namibia Industrial Property Draft Bill – update: (Afro-IP)
New Zealand

New Zealand to amend patent law: (Managing Intellectual Property), (IPKat), (The SPC Blog)


Polish Patent Office finds no risk of confusion for ‘Zloty potok’ figurative marks due to differences in ‘rich layout and fancy designs’: (Class 46)

South Africa

Mr Video granted leave to appeal ruling enjoining it from obtaining DVDs from US distributors rather Nu Metro and other copyright holders: (Afro-IP)

FIFA’s trade mark applications and registrations for 2010 Soccer World Cup in South Africa: (Afro-IP), (Poll results on distinctiveness of FIFA marks – Afro-IP),

Copyright in collaborative works of a scientific nature: Peter-Ross v Ramesar: (Afro-IP),


Giorgio Armani facing legal action from authorities in Granada after launching fragrance named ‘Oranger Alhambra’ after the city’s famous monument: (Class 46)


Months from implementing IP Enforcement Directive, Sweden swamped by fake Abbas: (IPKat)


China condemns its own export of fakes to Tanzania: (Afro-IP)


Trademarks Bill 2008 finally gazetted in Uganda: (Afro-IP),

United Kingdom

Peter Holland appointed as new Director of International Policy at UKIPO: (IPKat),

easyJet founder sues easyJet to limit its ability to cash in on ‘easy-’ activities that conflict with his other ventures: (IPKat),

Cricket media fetch new record prices: (IP finance),

Isabella Barwinska ordered to pay £16,000 in damages and costs to Topware Interactive for placing Dream Pinball 3D on internet sharing network: (IMPACT), (Out-Law), (IPKat), (Techdirt),

Symantec reaches £700,000 settlement with British counterfeit software dealer, Nusoft Trading: (Out-Law),

UK Trademark Rules 2008 come into effect 1 October: (Filemot Technology Law)

UKIPO recommends increasing fines for online copyright infringement: (Managing Intellectual Property), (Ars Technica), (IPKat),

Implied partnership claim fails in copyright case: Kiley McPhail (aka Kiley Fitzgerald) v James Bourne: (International Law Office)

United States

US General

Reading between the lines of Supreme Court Justices’ books: (Law360),

McCain tech policy: crack down on internet piracy, fix patent mess: (Ars Technica)

And not even a passing reference to Whitman’s chocolates – response to IPKat’s earlier post ‘Of penguins and mice’ on family IP cases: (Property, intangible),

Todd Dickinson to head American Intellectual Property Law Association (AIPLA): (Managing Intellectual Property), (IAM), (Patently-O)


US Patent Reform

Unconstitutional judges? – Just wave a magic wand!: (Intellectual Property Directions),


US Patents

Latest version of Manual of Patent Examining Procedure (MPEP) 8th edition, revision 7 released: (Patent Docs), (Patent Prospector),

Appeal requirements for patents: (PLI),

USPTO to inflate patent fees 5% on 2 October: (I/P Updates),

Patent Buddy – new service providing information on registered patent attorneys: (Patent Librarian’s Notebook),

Post-Quanta, companies rethink licensing strategies: (Law360),

Dan McCurdy appointed new CEO of Allied Security Trust: (IAM),

John Doll likely 2009 PTO Director; Wayne Paugh Deputy Director following Ms Peterlin (?): (Hal Wegner),

Experts play valuable role in patent infringement investigations: (Philip Brooks),

Holland & Knight partner Joshua Krumholz warns courts weakening patent protection: (Law360),

Do patent infringement litigants want an inefficient dispute resolutions process?: (The IP ADR Blog),

Are we heading for a ‘subprime patent crisis’? – Foundation for a Free Information Infrastructure president Alberto Barrionuevo seems to think so: (Peter Zura’s 271 Patent Blog),

Cisco execs deny approving ‘Troll Tracker’ blog post: (Law360),

Eric Albritton who sued Rick Frenkel (aka Patent Troll Tracker) subpoenas Google for more information about PTT and Patently-O blogs: (The Prior Art),

Eastern District rocket docket decelerates in Marshall Division – Texas Lawyer article: (EDTexweblog.com), (Philip Brooks), (Patent Prospector),

Patent.com launches – global patent search site: (Philip Brooks),

Paper ‘E-commerce claims: the single actor direct infringer’ – how to avoid the problems of Muniauction: (Hal Wegner),


US Copyright

License to copy vs license to use: (Public Knowledge),

Leaked memo from Disney subsidiary suggests producers look for TV ideas from foreign shows, so ideas can be used without having to pay a license: (Techdirt),

Is home taping killing music or is the music industry killing home taping?: (Public Knowledge),

Pandora web radio may have to shut down due to copyright fees: (Copyfight), (Out-Law), (Law360), (Techdirt),

More media companies realising that they can profit from ‘pirated’ content on YouTube – according to New York Times article: (Techdirt),

PhotoSynth: Solving the orphan works issue for physical works of art: (Public Knowledge),

Post-Tiffany liability for contributory infringement: (Law360),

US Trademarks

Goodwill for sale – Residual goodwill: (Property, intangible),

Dell refused ‘cloud computing’ as a trade mark: (Out-Law),

Heavner and Luepke review ‘The Top Fifteen Mistakes of Foreign Applicants’: (TTABlog),

Trafficking in counterfeit labels renders alien inadmissible to stay in United States: (Seattle Trademark Lawyer)

Marchesi de’ Frescobaldi Societa’ Argicola – Applying doctrine of foreign equivalents, TTAB finds AMMIRAGLIA and FLAGSHIP confusingly similar for alcoholic drinks: In re Marchesi de’ Frescobaldi Societa’ Argicola SpA (non precedential): (TTABlog),


US – Companies / Entities

Acacia Research Corp – WineCommune settles Acacia unit’s patent suit over patent related to guaranteed or bonded online auctions: (Law360),

Aloft – AT&T dropped as defendant in case over web browser patents after Aloft concedes AT&T does not make the product at issue: (Law360), (Law360),

AOL – AOL settles with Beneficial Innovations in suit that accuses several major media companies of infringing patent covering interactive online advertising systems: (Law360),

Apple – Psystar granted another two week filing extension in copyright case brought by Apple: (Ars Technica),

AT&T – AT&T, Stragent agree to drop patent dispute relating to messaging systems: (Law360),

Bayer Healthcare – Bayer, Abbott spar over fees in patent dispute over test strips used to monitor blood glucose levels: (Law360),

Boston Scientific – Boston Scientific accuses Medtronic of wilfully infringing four balloon catheter patents with its Stormer, Sprinter and Endeavour Sprint products: (Law360),

Boston Scientific – Federal judge rules that Cordis infringed two patents related to device for treating aneurysms that belong to Target Therapeutics and are licensed to Boston Scientific: (Law360),

Brady Construction Innovations – Panel affirms trial court determination that reissue claim is invalid for broadening because filed beyond two year window: Brady Construction Innovations, Inc v Perfect wall, Inc: (Hal Wegner), (I/P Updates), (Patently-O), (Patent Prospector),

CME Group – 5th Market files suit against CME Group and Chicago Mercantile Exchange alleging infringement of patents relating to electronic trading: (Law360),

Cooper Technologies – CAFC upholds lower court’s decision finding USPTO was within its rights to subject a Cooper patent to inter partes re-examination: (Hal Wegner), (Law360), (Peter Zura’s 271 Patent Blog), (Patently-O), (Patent Prospector),

Cordis – CAFC sends wilfulness claim back to district court for reconsideration under new case law in patent infringement suit brought by doctor against Cordis: (Law360),

Cygnus Telecommunications – CAFC affirms invalidity ruling under 35 USC § 102(b); beta-testing not always experimental use: In re Cygnus Telecommunications Technology LLC: (Hal Wegner), (Law360), (PLI),

EMI Records – New York State Court refuses to stop distribution of film ‘Expelled: No Intelligence Allowed’ holding that its user of a John Lennon clip is unlikely to violate copyright held by EMI and Capitol Records: (Public Knowledge), (Out-Law), (Law360),

EpicRealm – Motion for summary judgment of noninfringement granted in part, denied in part; motion to strike expert declaration granted: EpicRealm Licensing LP and Parallel Networks LLC v Autoflex Leasing, Inc et al: (EDTexweblog.com),

Fiji Water Co – ‘Bottled at the source’ is not an indicator of source: CG Roxane v Fiji Water Co: (43(B)log),

Gamers – TTAB rules that registration and use of GOGAMERS.COM as a domain name does not establish priority: Gamers v Game-Xpert (non precedential): (TTABlog),

Google – GraphOn files lawsuit against Google alleging Google’s Base, AdWords, Blogger, Sites and YouTube services infringe GraphOn’s patents: (Philip Brooks), (Patent Prospector),

Google – YouTube user Benjamin Ligeri sues Google for his slice of the traffic: (Ars Technica),

Harris, Scott – Scott Harris v Fish & Richardson litigation is settled: (The Prior Art),

Harry & David – Harry & David files trade mark infringement suit against 1-800-Flowers.com, FTD.com and other rivals over keyword advertising: (Law360),

HomeBuilderShowroom.com – HomeBuilderShowroom.com files lawsuit alleging defendants commit trade secret theft, fraud, patent infringement and violated antitrust laws and confidentiality agreements to build a competing business: (PLI)

Honeywell International – Honeywell files complaint with International Trade Commission accusing four Japanese companies of patent infringement in connection with automotive multimedia display and navigation systems: (Law360),

ING Direct Bancorp – ING sues PNC Financial Services Group for trade mark infringement over company’s use of orange ball: (Law360),

Intel – Intel sues Negotiated Data Solutions seeking to invalidate patents it says N-Data is trying to enforce in violation of earlier agreements: (Law360),

IVI Smart Technologies – IVI wants lawsuit in which it accuses Thelen Reid Brown Raysman & Steiner of helping a competitor of an IVI unit steal its IP transferred from federal to state court: (Law360),

J2 Global Communications – J2 adds Comodo Communications to defendant list in suit alleging infringement of internet fax patents: (Law360),

Jacobsen – Copyright remedies confirmed for open source agreements: Jacobsen v Katzer: (IP Thinktank), (Out-Law), (Managing Intellectual Property), (Spicy IP), (Law360), (IP Law Observer), (IP Spotlight),

Katz Technology – Seventeen energy companies acquire Katz patents related to automated call systems: (Law360),

Konica Minolta Photo Imaging – Konica hits back at Papst Licensing with suit disputing allegations of infringement of patents covering interface device used in digital cameras: (Law360),

Kraft Foods Global – Kraft wins stay in coffee container patent dispute against Procter & Gamble: (Law360),

KXD Technology – Ninth Circuit finds contempt order not immediately appealable in trade mark case Koninklijke Philips Electronics NV v KXD Technology, Inc: (Seattle Trademark Lawyer),

Lending Tree – Lending Tree, IMX settle remaining claims in patent dispute over technology allowing lenders and customers to interact online: (Law360),

Mass Engineered Design – CDW asks federal judge to dismiss third-party claims against three of its suppliers in suit originally filed by Mass Engineered over electronic display screens: (Law360),

McCain, John – Jackson Browne sues McCain for using his song in advertisement without permission: (Techdirt),

Medtronic – Medtronic sues NuVasive over spinal surgery patents: (Law360),

Microsoft – Gary Odom (aka the Patent Hawk) sues Microsoft alleging Office 2007 toolbars infringe his patent relating to tool group manipulations: (Techdirt), (The Prior Art), (Peter Zura’s 271 Patent Blog), (Patent Prospector),

Microsoft – Microsoft settles with alleged cybersquatters Trellian and others: (Seattle Trademark Lawyer),

National Association of Realtors – Three defendants, including NAR, sanctioned for ‘egregious’ discovery misconduct in long-running patent suit: (Law360),

Nintendo – Hillcrest lodges complaints against Nintendo in federal court and with the International Trade Commission, claiming its Wii video game infringes four patents: (Law360), (Techdirt),

Nokia – Nokia urges 2nd Circuit to rehear InterDigital appeal in patent dispute: (Law360),

Penguin Group – New York Court of Appeals for the 2nd Circuit denies John Steinbeck heirs publishing rights: (Managing Intellectual Property),

Pierre Foods – J M Smucker alleges Pierre Foods’ crustless peanut butter and jelly sandwiches infringe the trade mark for J M Smucker’s Uncrustable sandwiches: (Law360),

Pressure Products Medical Supplies – Pressure Products wins injunction preventing Quan Emerteq from launching medical device after winning $1.1M victory in patent suit over technology related to system for introducing catheters and pacemaker leads into veins or arteries: (Law360), (EDTexweblog.com),

Quanta – Summary judgment on hold as LG, Quanta mull deal: (Law360),

Rambus – Federal judge grants summary judgment in Rambus favour on three of Samsung’s counterclaims that Rambus’ former in-house counsel misappropriated confidential information regarding memory chip patents: (Law360),

RIAA – Denise Barker, the woman who claimed RIAA infringement damages were unconstitutional settles for $756/song: (Techdirt), (Ars Technica),

RIAA – RIAA shuts down Muxtape online music service: (Techdirt), (Ars Technica),

Seoul Semiconductor – Nichia files patent suit against Seoul Semiconductor again over LEDs: (Law360),

Shoe Pavillion – CAFC overturns lower court’s decision ruling that Shoe Pavillion did not infringe DSW Shoe Warehouse patent; damages tally begin as soon as defendant is given notice of infringement: (Law360), (Patently-O),

Smith & Nephew – Federal judge grants partial summary judgment to Smith & Nephew and others in suit filed by Howmedica Ostonics Corp over patents describing how to produce polymers used in artificial joints: (Law360),

Tesco – Tesco files suit against several competitors including Weatherford International, National Oilwell Vargo, and Offshore Energy Services alleging infringement of its patent for a tool that allows drillers to run casing into oil wells: (Law360),

Trading Technologies – Party can use expert previously contacted by opposing party in patent litigation: Rosenthal Collins Group v Trading Technologies: (Chicago IP Litigation Blog),

Universal Music Corporation – Judge rules that content owners must consider fair use before sending takedowns: Stephanie Lenz v Universal Music Corporation: (Electronic Frontier Foundation), (IPKat), (Techdirt), (The Prior Art), (Technology & Marketing Law Blog), (Public Knowledge), (IP Spotlight), (Copyfight),

Venali – Venali wins summary judgment motion against Catch Curve over alleged audiofax patent infringement: (Philip Brooks),

Victoria’s Secret – Randi Black’s ‘NuBra’ patent invalidated on prior art and obviousness – the patent had been asserted against Bragel, The Gap, Victoria’s Secret and others: (Law360),

Voda – CAFC finds infringement under doctrine of equivalents but limits injunctive relief: Voda v Cordis Group: (Hal Wegner), (I/P Updates), (I/P Updates), (Peter Zura’s 271 Patent Blog), (Patently-O), (Patent Prospector),

VUTEk – CAFC distinguishes threshold of anticipation between structural and functional claim language: Leggett & Platt v VUTEk: (Patent Prospector), (Hal Wegner),

Warner Bros – Federal judge refuses to dismiss 20th Century Fo&xrsquo; lawsuit against Warner Bros over rights to the novel ‘Watchmen’: (Law360), (Techdirt),

Wi-LAN – Wi-LAN drops Texas Instruments Inc. from wireless patent suit: (Law360),

Wuxi Multimedia – CAFC affirms district court order dismissing antitrust claims against participants in international patent pool arrangement: Wuxi Multimedia v Koninklijke Philips: (Law360)


Fertilisers, cement found in fake products: (Afro-IP)

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