IP Think Tank Global Week in Review – 25 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.

You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: http://thinkipstrategy.com/subscribe/

Highlights this week included:

CAFC affirms validity and enforceability of Eisai’s compound patent on Aciphex; elucidates current standard for obviousness of chemical composition of matter patents: Eisai v Reddy’s Lab’s and Teva Pharma: (Orange Book Blog), (Patent Docs), (Patent Prospector), (IP Law360), (Hal Wegner), (Patent Baristas),

Three-strikes scheme for ‘curbing’ downloaders’ internet access: (LawFont.com), (more details on the scheme – LawFont.com), (IPcentral.info), (IMPACT), (Out-Law), (Techdirt), (Ars Technica),

Mattel wins first phase of trial in copyright war against MGA over Bratz dolls; seeks over $1B in damages: (The IP ADR Blog), (IMPACT), (IP Law360),

Universal argues ‘fair use’ is still infringing in case over YouTube clip featuring a baby dancing to a Prince song: (Ars Technica), (Techdirt), (Public Knowledge), (IPKat),


Global – General

Current research – Global litigation strategy and the art of war (II): (IP Thinktank),

International intellectual property rights: (Ezine @rticles); (Ezine @rticles),

UN Conference on Trade & Development IP activities rise with renewed mandate; greater collaboration: (Intellectual Property Watch),

Reform dominates list of 50 most influential people in IP this year: (Managing Intellectual Property),

International conference calls for strengthening of IP management education and research: (WIPO),

ACTA negotiations to continue next week: (Michael Geist),

Economist article on turning piracy to your advantage: (Afro-IP), (The IP ADR Blog),

Welcome to brand IP: (IAM)

What the RIAA, KEI, BSA and other interest groups want from ACTA: (Ars Technica),

New WTO draft modalities text on IP issues gathers wider support: (Intellectual Property Watch)

Global – Trade Marks / Domain Names / Brands

Trade mark dispute hovers over Anheuser, InBev deal: (IP Law360),

Narnia domain name dispute concludes in complainant’s favour: CS Lewis (PTE) Ltd v Richard Saville-Smith: (IPKat), (Ars Technica), (Out-Law),

Norway chairs as Europe replies GIs a ‘must’; others gear up biodiversity push: (Intellectual Property Watch),

WTO Ministerial Meeting Chair: Compromise on TRIPS issues still possible, if broader WTO talks can move: (Intellectual Property Watch),

US Trade Rep Susan Schwab says US will not negotiate on extension of GIs at WTO: (Intellectual Property Watch),

WTO Ministerial: TRIPS issues may be tackled in smaller groups seeking compromises: (Intellectual Property Watch),

IP rights holders frown on proposed changes to WTO TRIPS Agreement: (Intellectual Property Watch),

Talks but no breakthroughs yet on IP issues for Ministers at WTO: (Intellectual Property Watch),

eBay: punished in Paris, exonerated in Manhattan: (The Prior Art)

Global – Patents

There must be money to be made in these wild share price moves – patent litigation impact on share prices: (IAM),

I don’t do my own brain surgery either – response to Sauer’s suggestion to ‘skip the patent attorney and file it yourself’: (Intellectual Property Directions),

IP and standards don’t have to conflict: (Securing Innovation),

Triway pilot project agreed by JPO, EPO and USPTO to begin end of July: (IP-Helpdesk),

Invention of the Day blog – prior art source: (Securing Innovation),

Mindspeed sells off non-core patents: (IP finance),

50% of money invested in venture capital is lost: the right patent analytics can improve these odds: (Patent (IP) Business Strategy Blog),

Science, technology, and IP: (Ezine @rticles)

Global – Copyright

IP experts announce “Declaration on a balanced interpretation of the ‘three-step test’ in copyright law”: (IPKat), (LawFont.com), (EXCESS COPYRIGHT), (Patry Copyright Blog), (Intellectual Property Watch),

Proctor & Gamble enters the music business – Viable business models for promoting music in the post-traditional copyright era: (IP finance)


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

6 August: 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),

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

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),

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

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),

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

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

Roche makes $43.7 billion bid to acquire Genentech: (California Biotech Law Blog),

Glaxo and Aspen enter licensing deal to sell branded generics in emerging markets: (GenericsWeb), (Afro-IP),

Prof Gold feasibility study on patent pool to provide greater access to AIDS drugs: (GenericsWeb),

Reshuffling of the global pharmaceutical drug deck: (Profitability through Simplicity),

Wellcome Trust and Aeras Global TB Vaccine Foundation to provide GBP 8 million funding for phase IIb clinical trials of advanced TB vaccine: (Afro-IP),

Teva to acquire Barr: (GenericsWeb),

India: National Pharmaceutical Policy may finally come into being: (Spicy IP),

India: Cipla may launch copycat versions of 20 patented drugs after securing similar sounding trade marks for its copy brands: (Peter Zura’s 271 Patent Blog),

US: Insmed retains former Chairman of House Ways and Means Committee as strategic advisor in campaign for follow-on biologics legislation: (Patent Docs),

US Ortho v Mylan: Key ruling for two statutory provisions: (IP Law360),

US: Fifth Circuit Medical Center Pharmacy v Mukasey decision creates Circuit split over FDCA § 503A pharmacy compounding ‘safe harbour’: (FDA Law Blog)

Pharma & Biotech – Products

Aciphex (Rabeprazole) – US: CAFC affirms validity and enforceability of Eisai’s compound patent on Aciphex; elucidates current standard for obviousness of chemical composition of matter patents: Eisai v Reddy’s Lab’s and Teva Pharma: (Orange Book Blog), (Patent Docs), (Patent Prospector), (IP Law360), (Hal Wegner), (Patent Baristas),

Entocort (Budesonide) – US: AstraZeneca sues Mylan to prevent it from selling generic Entocort: (IP Law360),

Fentora (Fentanyl) – US: Barr challenges Cephalon’s Fentora patent; Cephalon sues Barr to prevent launch of generic: (GenericsWeb), (IP Law360),

Flomax (Tamsulosin) – US: Boehringer Ingelheim and Astellas Pharma sue Impax over ANDA for generic Flomax: (Philip Brooks), (IP Law360), (GenericsWeb),

Norvasc (Amlodipine) – Japan: Ranbaxy launches generic Amlodipine tablets on day-1 in Japan: (GenericsWeb),

Ritalin (Methylphenidate) – US: KV Pharmaceuticals loses bid for sanctions against Celgene and Novartis for failing to conduct infringement analysis before suing KV to stop it from marketing generic Ritalin: (IP Law360)


Eastern and Southern Africa and European Union inch closer to Economic Partnership Agreement: (Afro-IP)


Onus in pre-grant oppositions thrown into doubt: IGT (Australia) Pty Ltd v Aristocrat Technologies Australia Ltd: (Australia & New Zealand Intellectual Property Law),

Mere importation is trade mark infringement: Gillette Company v Schiavini: (Australia & New Zealand Intellectual Property Law),

ACIP release Issues Paper regarding review of patentable subject matter: (IPRoo), (Australia & New Zealand Intellectual Property Law), (IPwar’s),

Evidence on appeal from the Patent Office: Sherman v Commissioner of Patents: (IPRoo)


Update on Fu Long panda bear trade mark dispute: (Class 46)


Hamilton Chamber of Commerce challenges National Chamber IP approach: (Michael Geist),

Special relationship precluded anticipatory public disclosure: Johnson & Johnson Inc v Boston Scientific Ltd: (International Law Office),

IT World Canada launches copyright reform blog: (Michael Geist),

Bill C-61 fails green copyright test: (Michael Geist),

61 reforms to C-61: (Day 20: TPMs – No exception for teaching – Michael Geist), (Day 21: TPMs – No exception to protect minors – Michael Geist), (Day 22 – TPMs – No exception for filtering programs – Michael Geist), (Day 23 – TPMs – No exception for obsolete or broken digital locks – Michael Geist), (Day 24 – TPMs – No exclusion of non-infringing access – Michael Geist),

Controversy over Bill C-61: (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist), (Michael Geist)


Supreme Court rejects application to register IMAGINACION due to likelihood of confusion with IMAGINACCION CORREA & CORREA CONSULTORES for different services in Class 41: (IP tango)


China copyright infringement survey: (China Hearsay),

China’s anti-monopoly enforcement agencies named: (Managing Intellectual Property)

Costa Rica

Costa Rica signs up for Budapest Depositary Treaty: (IP tango)


Phonetic identity overrules conceptual differences, rules Estonia Board of Appeal: (Class 46)


EC outlines main points of new industrial property rights strategy for Europe: (IPR-Helpdesk),

Researchers: are they workers? Case C-94/07 Raccanelli v Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV (not an IP case but has big repercussions for IP): (IPKat)

European Commission’s IPR strategy focuses on SMEs: (Managing Intellectual Property),

EC orders copyright collecting societies to reform the way they collect and distribute royalties, following antitrust investigation: (Managing Intellectual Property), (IP finance)

‘Bayerisches Bier’ reference for a preliminary ruling: (Class 46),

New blog on the block… for SPCs: (IPKat),

Good news for anyone who doesn’t want to translate a European patent: (IPKat),

‘Virtual classroom’ online training continues – topics include patent families, patent mapping and statistics: (EPO),

Latest geographical indications: (Class 46),

Commission adopts two initiatives in the area of copyright: term extension for performers and sound recordings, consultation document on copyright in the ‘Knowledge Economy’: (IPR-Helpdesk),

Musicians welcome plan to extend copyright term in Europe: (Managing Intellectual Property),

Copyright term extension in sound recordings – Open Rights Group’s Sound Copyright campaign: (IPKat),

Group of European professors’ op-ed article in Times on why proposal to extend copyright term is a bad idea: (EXCESS COPYRIGHT), (43(B)log), (Techdirt), (LawFont.com), (IAM), (IPwar’s), (Patry Copyright Blog),

Competition Law Association on proposed extension of copyright term in sound recordings: (IPKat),

Europe ties WTO agriculture negotiations to protection for geographical indications: (IP Updates),

Proposed codification of 1988 Trade Marks Directive and 1993 Community Trade Mark Regulation – MARQUES’ statement on the issue: (IPKat), (Class 46),

EC proposal for codified version of Council Regulation concerning supplementary protection certificate for medicinal products: (The SPC Blog)


WIPO Arbitration and Mediation Centre issues decision in drawn out dispute over maxi.fr domain name: (International Law Office)


Federal Patent Court rules Qualcomm’s GSM patent invalid in battle with Nokia: (Ars Technica), (IP Law360)

German Federal Patent Court: GDR state symbol not registrable as a device mark: (Class 46),

Now a German court says open WiFi owner is responsible for what others do on WiFi: (Techdirt)


Evading infringement under the Patent Act: (International Law Office),

Law Minister on Kerala’s IPR policy: (Spicy IP),

Promoting IP protection: DIT scheme for SMEs and technology start-ups: (Spicy IP)


FOOTACTION not ‘well known’ in Ireland in absence of supporting evidence: (Class 46)


Movie ‘Crossing’ copyright dispute: (Korea IP Law Blog)


Libya urged to seek new solar energy patents: (Afro-IP)


Approval of Budweiser deal lies in Mexican brewer’s hands: (IP tango)

New Zealand

New Zealand Patent Bill: (Australia & New Zealand Intellectual Property Law)


Court finds name White Thomson Preservation Limited confusingly similar to Wise Property Care’s trading division named ‘White Preservation’: Wise Property Care Limited v White Thomson Preservation Limited and others: (IPKat)

South Africa

Nelson Mandela Metropolitan University’s tech transfer office bears fruit at 14 months: (IP finance),

2010 FIFA World Cup digital broadcasting rights dispute: (Afro-IP),


Trade mark sold for €7.12M in Spanish judicial auction: (Class 46),


Legislative amendments proposed to strengthen protection of trade secrets: (International Law Office)


Panton chair shape registered in Switzerland: (Class 46)


Taiwan ends compulsory licensing dispute with Philips: (Managing Intellectual Property)


West African States meet to strategise on counterfeits: (Afro-IP),

Study by Confederation of Tanzania Industries reveals 15-20% goods in domestic market are counterfeit: (Afro-IP)

United Arab Emirates

Copyright protection for architectural works and designs: (International Law Office)

United Kingdom

Three-strikes scheme for ‘curbing’ downloaders’ internet access: (LawFont.com), (more details on the scheme – LawFont.com), (IPcentral.info), (IMPACT), (Out-Law), (Techdirt), (Ars Technica),

Comptroller not a mere rubber-stamp for patent restorations: Matshusita Electric Industrial Company Ltd & Ors v UKIPO: (IPKat),

Court of Appeal interprets ECJ Vedial ruling; no threshold condition of trade mark similarity: eSure v Direct Line: (Class 46), (IPKat),

Jurisdiction to suspend declaration of trade mark invalidity: Rousselon Freres Et Cie v Horwood Homewares Ltd: (IPKat),

UKIPO response to performers’ copyright term extension: (IPKat),

The Centre for Brand Analysis publishes new list of ‘superbrands’: (Class 46),

New Trade Mark Rules to be implemented 1 October: (Class 46),

Artist resale right – wealthy UK artists want their families to get paid multiple times for the artwork: (Techdirt)

United States

US General

US Customs and Border Protection releases mid-year IP seizure numbers: (The Gray Blog),

Implementing a trade secrets protection program: (IP Law360),

Maryland law firm seeks guidance on whether electronic transmission of data to legal process outsourcing company in India waives Fourth Amendment protections: (Electronic Discovery Law),

Business Software Alliance’ latest survey: pirated software taking cops off the street, costs jobs: (Ars Technica), (Techdirt)

US Patent Reform

Tafas v Dudas: PTO asks CAFC to allow Office to implement limits on continuations and claims: (Patently-O), (Peter Zura’s 271 Patent Blog), (Patent Docs), (IP Law360), (Hal Wegner),

Senate OKs bill to name administrative IP judges: (IP Law360),

Markush rulemaking: flaunting the rule of law: (Hal Wegner)

US Patents

US patent strategy – choice of litigators: (IP Thinktank),

Be careful where you save that file – public disclosure risk: (IP Law360),

Is your USPTO roster address up to date?: (IP Updates),

Filing of continuations and RCEs: 1998-2007: (Patently-O),

USPTO pilot program permits students at seven law schools to prosecute patents and trade marks: (IP Spotlight),

View of swamped USPTO cutting corners challenged: (IP Law360),

More on the US patent quality debate: (IAM),

US Patent Office conducts tour on industrial design protection: (Intellectual Property Watch),

Prof Duffy: Death to Google patents? Whither Nuijten, Bilski: (Hal Wegner), (Out-Law), (Washington State Patent Law Blog),

The wages of bad faith patent litigation – the lawyers are liable: (The IP ADR Blog),

Lost profits of a patent owner’s subsidiary: can they be recovered?: Mars Inc v Coin Acceptors Inc: (IP finance),

FTC approves Flow-Omax merger – so long as parties offer free patent licences to competitors: (IP finance),

Patents – The new class action frontier?: Synopsys v Magma Design Automation: (Law.com), (IP finance), (Patent Prospector),

Some comments on RCEs, submissions and RCE strategy: (Patentably Defined),

USPTO reminder: Outsourcing of patent preparation may require clearance: (Anticipate This!), (Patently-O), (Patent Prospector), (Peter Zura’s 271 Patent Blog), (Patent Docs), (Daily Dose of IP), (IP Updates), (The Invent Blog), (Post-Grant),

USPTO survey on patent e-commerce customer satisfaction: (The Invent Blog),

Ilya Shapiro’s Legal Times article on state immunity from patent infringement: Biomedical Patent Management Corp v California Department of Health Services: (Patently-O),

‘Blockbuster’ academic studies on KSR, obviousness: (Peter Zura’s 271 Patent Blog), (Hal Wegner),

The death of Google’s patents: (Patently-O), (response from Techdirt),

Blast from the (recent) past – Troll Tracker’s take on 2007: (The Prior Art),

IP Law & Business publishes ‘Patent litigation survey 2007’: (The Prior Art),

Transparency in the US patent system: (Patent Librarian’s Notebook),

PTO’s Federal Register Notice not publicised on PTO website: (PLI), (Patent Prospector),

Breaking USPTO disclosure rules deemed inequitable conduct, costs Nilssen $6M: (Green Patent Blog),

USPTO summarises feedback on public PAIR access: (Patent Docs),

White House OMB may block implementation of PTO’s Appeal Rules: (Peter Zura’s 271 Patent Blog), (Patently-O), (Patent Docs), (Patent Docs), (Hal Wegner),

Legal ethics survey regarding how attorneys/agents should respond to prior art received after notice of allowance: (Patently-O),

Patent venue: Is ED Texas the ‘new Delaware’?: (The Prior Art),

Equitable tolling: (1) Mojica v HHS; (2) Int’l Rectifier v IXYS: (Hal Wegner)

US Copyright

Public Knowledge statement on Leahy Intellectual Property Enforcement Bill: (Public Knowledge),

Infringement and the Foreign Sovereign Immunities Act: (Patry Copyright Blog),

How about five year renewable copyrights with a use it or lose it clause?: (Techdirt),

IFPI forces music offline, even though copyright holders want it shared: (Techdirt),

Copyright Office may have just added new royalties for webcasts: (Techdirt),

Satire and fair use of satire: (43(B)log),

Should organisations get to ignore copyright for the sake of archiving?: (Techdirt)

US Trademarks

All not lost for retail in wake of Tiffany v eBay: (IP Law360),

Protecting green brands in the eco-mark era: (IP Law360),

Trade mark infringement makes small children cry – WSJ article on trade mark owners policing use of character costumes by local party performers: (The Trademark Blog),

Is state trade mark registration appropriate for your mark?: (Part 1 – Seattle Trademark Lawyer), (Part 2 – Seattle Trademark Lawyer)

US – Companies / Entities

Acuity Brands Lighting – Cooper Technologies sues Acuity over light fixture patents: (IP Law360),

Advanced Magnetic Closures – Patentee’s litigation deemed ‘a colossal waste of time’; lawyers told to pay up: Advanced Magnetic Closures v Rome Fastener Corp: (Peter Zura’s 271 Patent Blog), (IP Law360),

American Express – AmEx sued by Network Signatures over Navy-developed IT security patent: (IP Law360),

American Greetings – American Greeting sells rights to Care Bears and Strawberry Shortcake settling breach of contract lawsuit: (IP Law360),

Apple – Motorola launches trade secrets suit against former executive who left to work for Apple: (IP Law360), (Techdirt),

Avante International – Two of three Avante patents valid in electronic voting machine spat: (IP Law360),

BENQ – Applying Festo to claim construction; construing an amended claim: University of Texas v BENQ et al: (Patently-O),

Boston Scientific – Boston, Medtronic agree to slash damages by $64M: (IP Law360),

Clear Channel – Clear Channel, Tribune settle trade secrets dispute: (IP Law360),

Cortina – TTAB reverses mere descriptiveness refusal of ‘SAFETY JOGGER’ for work shoes: In re Cortina NV (non-precedential): (TTABlog),

Cree – Judge won’t dismiss LED patent suit against Cree: (IP Law360),

Daewoo Electronics Corp – Daewoo wins summary judgment in Funai Electric’s patent suit against it over VCR technology: (IP Law360),

DaimlerChrysler – Taurus IP and Erich Spangenberg appeal judgment of non-infringement and invalidity of certain patent claims: (Patent Appeal Tracer),

eBay – eBay not responsible for policing counterfeits, says US court: Tiffany & Co v eBay: (Managing Intellectual Property),

Facebook – Facebook files lawsuit against German site StudiVZ over ‘copying the look, feel, features and services of Facebook’: (Patry Copyright Blog), (The Trademark Blog),

Fiji Water – District judge grants summary judgment in favour of Fiji Water in trade mark infringement suit brought by CG Roxanne over use of the phrase ‘bottled at the source’: (IP Law360),

Fiserv – Fiserv targeted in latest suit over online bill pay brought by Leon Stambler: (IP Law360),

Google – American Airlines, Google settle trade mark infringement dispute relating to Google sponsored links: (IP Law360), (Technology & Marketing Law Blog), (Techdirt), (IAM),

Hasbro – Now that Hasbro has created online version of Scrabble available on Facebook, it files suit against Scrabulous: (Techdirt), (The Trademark Blog), (IP Law360),

Honda – Jury tells Honda to pay $24M in patent dispute with American Calcar: (IP Law360),

Hyperquest – Copyright case dismissed for lack of jurisdiction; prior Illinois contacts do not create jurisdiction: Hyperquest, Inc v Nugen IT, Inc and Dayle Phillips: (Chicago IP Litigation Blog),

Kimberly-Clark – CAFC to consider whether a patent plaintiff can reserve claims to be filed in later lawsuit: Hemphill v Kimberly-Clark: (Patently-O),

KV Pharmaceutical – KV sues Breckenridge over vitamin supplement patent: (IP Law360),

Lafayette Street Partners – ‘CHINATOWN BRASSERIE’ not primarily geographically deceptively misdescriptive for restaurant ½ mile outside of NYC’s Chinatown, says TTAB: In re Lafayette Partners LLC (nonprecedential): (TTABlog), (IP Updates),

Maidenform – TTAB dismisses s 2(d) opposition to registration of ONE FAB FIT for women’s intimate apparel finding no likelihood of confusion with ONE TRUE FIT for outerwear: H D Lee Co v Maidenform, Inc (precedential): (TTABlog),

Major League Baseball – MBL sends Bulbous Ventures cease and desist letter over iPhone application offering baseball statistics: (Techdirt),

Marketing Information Masters – Sovereign immunity strikes down another copyright claim: Marketing Information Masters, Inc v Board of Trustees of California State University System: (43(B)log),

Mattel – Mattel wins first phase of trial in copyright war against MGA over Bratz dolls; seeks over $1B in damages: (The IP ADR Blog), (IMPACT), (IP Law360),

Medtronic – Responding to Medtronic’s intravascular stent patent infringement case against it, WL Gore & Assoc moves for summary judgment of patent invalidity: (IP Law360),

Microsoft – Video metadata company Gotuit sues Microsoft for alleged patent infringements in Silverlight technology: (Ars Technica),

Microsoft – Alcatel-Lucent files identical motion in two parallel patent cases against Microsoft seeking production of Microsoft’s patent licence agreements with third parties: (Patent Prospector), (IP Law360),

Monster Cable – Audio/video cable maker Monster Cable withdraws trade mark challenge against makers of ‘Monster Deer Block’ salt licks for deers: (Techdirt),

Motorola – Motorola settles $10B trade secrets dispute with SPS Technologies: (IP Law360),

Muniauction – Adequate method claiming requirements: Muniauction, Inc v Thomson Corp: (Patent Docs), (ISinIP),

Nelson – Claims construction order in wide, short ski case brought by Paul Nelson against K2 Corporation: (Washington State Patent Law Blog),

NeoMedia – EEF patent busting project: USPTO rejects all 95 NeoMedia patent claims relating to barcode look-up technology: (Electronic Frontier Foundation), (Ars Technica), (Techdirt),

New York Times – Former NYT freelance photographer T Dallal settles dispute over damages in copyright case he filed accusing newspaper for using his photos online without permission: (IP Law360),

Nintendo – Judge enjoins Nintendo from selling GameCube and Wii controllers in patent battle against Anascape: (IP Law360),

Nintendo – Judge again upholds $21M verdict against Nintendo: (IP Law360),

Nortel – Nortel wins $20M consent judgment against Alliance Telecom in suit accusing Alliance of pirating Nortel phone software and selling unauthorised altered equipment: (IP Law360),

Oklahoma Publishing Co – Oklahoma Publishing and sportswriter Jake Trotter sue football fan for posting a fake sports news article on his website, claiming inter alia infringement of copyright and trade marks: (Techdirt),

Payless – Payless ordered to stop using American Eagle brand: (Managing Intellectual Property),

PrimaCare – Court orders Lannett to notify distributors its packaging violates PrimaCare ONE trade mark rights: (SmartBrief)

Qualcomm – Qualcomm, Nokia settle patent dispute worldwide: (Patent Prospector), (The IP ADR Blog), (Philip Brooks), (IP Law360),

Railrunner – TTAB holds NEW MEXICO RAILRUNNER ITU application void under s 10 due to improper assignment: Railrunner NA, Inc v New Mexico Dep’t of Transportation and New Mexico Mid-Region Council of Governments (non-precedential): (TTABlog),

Republican National Committee – RNC backs down from filing trade mark suit against CafePress.com over its GOP-themed merchandise (IP Law360), (Techdirt),

RIAA – Lime Wire says RIAA’s case against it is one part of a ‘much larger, sustained campaign to suppress innovation’: (IP Law360),

Sagoma Plastics – TTAB finds ‘DITIGALBOOK’ trade mark specimen unacceptable: In re Sagoma Plastics, Inc: (TTABlog),

Surefoot – TTAB oppositions and allegations of infringement lead to DJ jurisdiction: Surefoot LC v Sure Foot Corp: (TTABlog), (IP Updates),

Taco Bell – Rapper 50 Cent says Taco Bell ‘stole endorsement’: (IP Law360),

Texas Instruments – Nevada SCSI Enterprises files patent infringement suit against Texas Instruments over integrated circuits: (IP Law360),

Trading Technologies – Federal judge gives Rosenthal Collins Group two weeks to provide discovery materials in the protracted patent infringement suit it launched against Trading Technologies: (IP Law360), (Chicago IP Litigation Blog),

Universal Music – Universal argues ‘fair use’ is still infringing in case over YouTube clip featuring a baby dancing to a Prince song: (Ars Technica), (Techdirt), (Public Knowledge), (IPKat),

University of Pittsburgh – Court helps University of Pittsburgh drop some inventors: (Patent Appeal Tracer),

Viacom – Viacom ignores promise: sends bogus takedowns to YouTube: (Techdirt),

Vibe Records – TTAB dismisses opposition as untimely – electronic payment incomplete and faxed filing ineffective: Vibe Records, Inc v Vibe Media Group LLC (precedential): (TTABlog), (IP Updates),

Zonare Medical Systems – Portable ultrasound makers, Sonosite and Zonare, settle patent dispute: (IP Law360)


Zimbabwe currency under threat!: (Afro-IP)

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