IP Think Tank Global Week in Review – 28 December 2007

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

Highlights this week included: the WTO granting Antigua the right to
infringe US copyright up to the tune of $21m, Egypt’s proposed new law for
royalties on reproductions of ancient monuments and Teva’s gutsy launch of
Protonix (Pantroprazole).

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 http://feeds.feedburner.com/DuncanBucknellsGlobalWeekInReview



  • Patent reform: just found
    on pharma’s radar???: (IPBiz),
  • Sinorgchem v.
    International Trade Commission and Flexsys America:
    CAFC instructs
    the ITC on claim construction: (IPBiz),
    ), (more from IPBiz)
  • Anonymised net drug sales
    might yet infringe – Eli Lilly & Company and Lilly Icos LLC v 8PM
    Chemists Ltd
    : (IPKat),
  • Open source for cost
    effective drug discovery: (Spicy
  • Challenges to ethical and
    generic drug producers: (Profitability
    through simplicity
  • US: multiple courts – same
    patent: a reader’s response: (Generic
    Pharmaceuticals & IP
  • Avastin (Bevacizumab) – Genentech and
    ophthalmologists’ dispute over reformulation ban has been resolved: (Patent
  • Aricept ODT (Donepezil) – Eisai
    sues Mutual Pharmaceutical Co., Inc. and United Research Laboratories,
    Inc. claiming that its ANDA filing for Aricept ODT would infringe Eisai’s
    composition of matter patent: (SmartBrief)
  • Effexor (Venlafaxine) – Sun
    Pharmaceutical Industries Ltd applies for approval to sell a drug with the
    same active ingredient as Wyeth’s Effexor XR, but in extended-release
    tablet rather than capsule: (Generic
    Pharmaceuticals & IP
  • Insulin – Wockhardt’s opposition
    to Lilly: (Generic
    Pharmaceuticals & IP
  • Lyrica (Pregabalin) – Northwestern
    University received $700M from Royalty Pharma for certain royalty rights
    to its patents covering pregabalin, a key component of Pfizer’s Lyrica: (Chicago
    IP Litigation Blog
  • Neupogen and Neulasta
    (Filgrastoim) – Sloan-Kettering Institute for Cancer Research has filed a
    lawsuit against Amgen, claiming the drugmaker underpaid royalties on the two
    drugs: (SmartBrief),
  • Omeprazole (Losec /
    Prilosec) – Astra’s patent application for omeprazole formulation rejected
    by Indian Patent Office (Generic
    Pharmaceuticals & IP
  • Protonix (Pantroprazole) – Teva
    Pharmaceutical Industries Ltd. has launched a generic version of the
    heartburn pill some 2½ years before Wyeth’s U.S. patent  is set to expire in July 2010: (The
    IP Factor
    ), (Generic
    Pharmaceuticals & IP
  • Tarceva (Erlotinib) – Thailand’s
    proposed compulsory licence: (Generic
    Pharmaceuticals & IP




  • China trade mark law: simple
    and effective: (China Law Blog),

  • Yahoo China
    loses copyright suit for online music search: (TG Daily)



  • Discussion of the Lisbon
    Treaty amending the Treaty on European Union and the Treaty establishing
    the European Community: (IPKat),
  • EPO has announced a
    punitive fee schedule effective April 1, 2009, that will punish applicants
    filing more than 15 claims in an application: (IPKat),
  • New European duties
    expected for trade mark royalties and license fees: (IP
  • ‘Must fit’ invalidates
    Community design: (IP


  • Indian Patent Office receives
    ISA & IPEA recognition: (Competitive
  • Moser Baer’s pricing
    strategy: The new anti-piracy model?: (Spicy
  • Petition to increase
    transparency at the Indian Patent Office: (Spicy
  • Copyright, music licenses
    and New Year parties: (Spicy


  • Dunnes Stores has lost its
    bitterly-contested design dispute against UK-based fashionistas Mosaic
    Fashions: (IPKat),

United Kingdom

  • Nokia v InterDigital:
    High Court rules on essentiality of patents under 3G standard (IPKat),
  • Experience Hendrix LLC &
    Anor v Times Newspapers Ltd
    : Times given more time to gather evidence
    to defend copyright infringement claims: (IPKat)
  • A pub landlady has lost her
    High Court battle over using a foreign broadcaster to show live English
    Premier League football matches to her customers: (ITN)

United States


  • AT&T – Vonage to settle with AT&T in patent
    infringement dispute: (Ars
  • eBay – US District Court finds
    eBay intentionally violated MercExchange’s patent: (Mondaq),
  • Fairchild Semiconductor Corp – Delaware District
    Judge finds that patentee had contracted away the right to sue defendant,
    Power Integrations Inc.: (Delaware IP Law Blog)
  • Google – US Appeals Court partially upholds, partially
    vacates summary judgment in patent dispute between Hyperphase and Google:
    ), (Philip
  • Illumina – USPTO orders re-examination of two
    patents included in the patent litigation between Illumina and Affymetrix:
    Canada Finance
    ), (RTT
  • iRobot Corp. – iRobot wins patent suits against former
    employee Jameel Ahed and his company, Robotic FX, Inc.: (Fox
    ), (Business
  • Marriott – Third Circuit considering how to analyse
    false celebrity endorsement claims under the Lanham Act in Lewis v
    Marriott International Inc
    .: (43(B)log)
  • Qwest Communications – Qwest settles patent litigation
    with Ronald A. Katz Technology: (Philip
  • Van Cleef & Arpels – Heidi Klum and Mouawad sued
    for infringement of Van Cleef &Arpels’ four-leaf clover jewellery
    design: (Counterfeit
  • Yahoo – Ars submits prior art for Yahoo’s ‘smart
    drag-and-drop’ patent application using peer-to-patent system: (Ars
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