IP Think Tank Global Week in Review – 28 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

  • How justified are differences in IP duration?: (IPEG),
  • Proponents: Slow better than poor for
    WIPO Development Agenda: (Intellectual Property
  • Chatham House Rule comes to WIPO Development Agenda: (IP
  • New campaign by a group of Second Life Avatars to raise awareness of the
    ‘theft’ of virtual items: (IPKat), (Patry
    Copyright Blog
  • World IP Day is on the way: (IPKat),
  • Watch for IP leaks from publications: (Securing
  • Lessig’s
    (Government) FOSS market: (IPcentral.info),
  • Notions
    of free: (IPcentral.info),
  • Microsoft’s new business imperative leads to IP rethink: (IAM),

  • Standards
    competition and globalization: (John
  • The
    international IP enforcement landscape from a developing country perspective:South Center research paper 15: (IP

    IP strategy – enhancing assets: (IP

Global – Trade Marks / Domain Names / Brands

Global – Patents

Global – Copyright

  • Is
    breaking the law the secret to success in the digital music industry? – Warner
    Music buys share of Imeem.com file-sharing site: (Against Monopoly),
  • How
    IP.com supports copyrights: (Securing
  • Sharing,
    part of the power of everybody: (Copyfight)

Pharma & Biotech

Pharma & Biotech – General

  • Intricacies
    of choosing a pharmaceutical trade mark: (International
    Law Office
  • Commercial
    success v public interest: publicising clinical trial data: (Spicy
  • Big
    Pharma and neglected diseases: (Spicy
  • India: MNCs and
    patent applications: The tip of the iceberg and the iceberg itself: (Spicy

  • India: Pharma MNCs approach to the Drug
    Controller General of
  • India:
    To take on the Patent Office together: (Spicy

  • India:
    Frontline’s interview with Dr Baltimore touches on ‘moral conundrum’ regarding
    public health and patents: (Spicy

  • India: Statins
    remain under margin pressure: (GenericsWeb),

  • India: Patents
    vs patients: Cipla’s victory and the evolution of new ‘compulsory licensing’
    norms: (Spicy

  • India: Indian
    Pharma shows off its figure(s): (Spicy

  • Will the real NGO stand up please?-
    Anonymity of policy research group quoted on pharma patenting policy and stats:
  • Thailand:
    More news/reactions on compulsory licenses: (Generic
    Pharmaceuticals & IP
  • US:
    Follow-on biologic drugs and patent law: A potential disconnect?: (Patent
  • US:
    Alnylam CEO forecasts ‘perfect storm’ for biomedical patents: (Patent
  • US: Human Genome launches patent suit against
    Genentech over type of protein used to detect tumours: (IP

Pharma & Biotech – Products

  • Caduet
    (Atorvastatin/Amlodipine) – US: Pfizer sues Ranbaxy to block generic Caduet
    until 2016: (IP
  • Dovonex
    (Calcipotriol) – Chancery Division EWHC grants interim injunction prohibiting
    Sandoz from distributing calcipotriol ointment in patent case brought by Leo
    Pharma: (IPKat),
  • HER2
    FISH pharmDXTM kit – Abbott’s HER2 US patent narrowed in The Regents of the University of California, Abbot Labs v
    Dakocytomation California
    : (Patent
  • Mircera
    (Methoxy polyethylene glycol-epoetin beta) – US federal court orders
    appointment of special master in patent dispute between Amgen and Roche as it
    considers whether to permanently enjoin Roche from selling the anemia drug
    Mircera in the US: (IP
    ), (Patent
  • Namenda
    (Memantine) – Forest launches another patent infringement suit in an effort to
    prevent Synthon from releasing generic Namenda in the US market: (IP
  • Pepcid
    (Famotidine)/ Toprol-XL (Metoprolol) – USFDA comes to different conclusions on
    180-day exclusivity tentative approval forfeiture provision – punts in one case
    and decides in another: (FDA
    Law Blog
  • Reverse
    transcriptase enzyme kits / DNA amplification kits: Invitrogen files patent
    suit against General Electric Co’s healthcare subsidiary regarding enzyme kits
    and DNA kits: (IP
  • Risperdal
    (Risperidone) – Update on Teva’s action against USFDA concerning Orange Book
    relisting of Risperidal patent: initial briefs filed and Mylan enters the fray:
    Law Blog
  • Tarceva
    (Erlotinib) – Delhi Patent Office hears arguments on whether Roche/Pfizer enjoy
    the right to a hearing in relation to Natco’s application for a compulsory
    licence to export generic erlotinib to Nepal: (Spicy
    ), (Generic
    Pharmaceuticals & IP
  • Tarceva
    (Erlotinib) – Natco may enter Indian market with generic erlotinib: (Generic
    Pharmaceuticals & IP
  • TriCor
    (Fenofibrate) – 18 states and District of Columbia file lawsuit alleging Abbott
    Laboratories, Fournier Industrie et Sante SAS, and Laboratoire Fournier SA
    conspired to delay a generic version of TriCor reaching the market by filing a
    series of frivolous patent infringement lawsuits: (California
    Biotech Law Blog
    ), (Patent


  • Tackling sales of pirated software:
    Microsoft success in Botswana: (Afro-IP),
  • Kenya: Clean Development Mechanism:
    Good intention for tech transfer blighted by brokers?: (Afro-IP),
  • If education and pricing policy
    fail, says Adobe in Nigeria, we can still sue: (Afro-IP),
  • South African arm of Chrysler objects
    to advertisement by Indian vehicle maker Mahindra and Mahindra that uses the
    term “jeep”: (Afro-IP),
  • Kenya’s call for anti-counterfeit
    legislation… amongst other changes: (Afro-IP),
  • Kenya: Shared computer use raises
    privacy, confidentiality issues: (Afro-IP)


  • Changes to grace period for trade
    mark renewal: (Australian
    Trade Marks Law Blog
  • Full Federal Court considers the
    meaning of ‘relevant to work in the relevant art’: Ajinomoto Co Inc v Nutrasweet Australia Pty Ltd: (Mallesons
    Stephen Jaques
  • Society of Authors’ report,
    ‘Educational publishing in Australia: What’s in it for authors?’: (LawFont.com)




  • WorkTools: ‘We won the judgement
    but it did no good’ Part II: (IP
  • How should China spend its extra
    Yuan on IPR enforcement?: (IP
  • Which event is 2007 China top ten
    IPR event?: (IP
  • Chinese hotel liable for sales by
    shop: (IPKat)


  • Government report on counterfeiting
    and piracy: (Class


  • DSS case shows why EU leaders want one patent
    jurisdiction, but will patent owners?: (IAM)
  • DSS case: Europe’s patent demise: (IPEG),
  • EU calls on US to fulfill TRIPS
    obligations re copyright: (The
    IP Factor
  • How to safeguard unprotected
    know-how in FP7 projects: (IPR
  • European Council calls for a free
    movement of knowledge: (IPR-Helpdesk),
  • Madrid amendments for
    double-treatied Union members: (IPKat),
  • Proposed Europe-wide rules
    governing biometric passports are still unsatisfactory despite some
    concessions, according to European Data Protection Supervisor: (Out-Law),
  • Is there an after-life for pan
    European injunctions?: (IPEG),
  • TomTom, Nokia, face competition
    concerns: (IP


  • PGI
    application for KAINUUN RÖNTTÖNEN for type of pie: (Class 46)


    BAZAS to become a PGI for beef: (Class 46)


  • More news on the Indian Bayh Dole:
  • Bajaj – TVS patent feud – the
    judgment: (Spicy
  • Copyright and current reporting:
    FilmFAIR!: (Spicy
  • The North East on a GI roll!: (Spicy
  • Delhi High Court reserves judgment
    in Harpic v Domex comparative
    advertising matter: (Spicy
  • Indian piracy in numbers: (Spicy
  • Counterclaims for patent
    invalidity: A defence strategy: (International
    Law Office
  • Trade mark law India: (Ezine
  • Trade mark registration India: (Ezine
  • Need for amending the Trademarks
    Act?: (Spicy
  • BBMP seeks to patent construction
    technology: (Spicy
  • Indian Patent Office decides not to
    implement Madrid Protocol: (The
    IP Factor



  • JPO provides information on legal
    status of Japanese patents: (Competitive



  • Court of
    Appeal finds MONTBLANC is well-known despite the fact that it is known only by
    a small proportion of consumers: (Class 46)


  • District
    Court of The Hague comes to intermediary decision in CTM infringement case Wrangler Apparel Corp v Sarl Dogg Label
    concerning jeans labels: (Class 46)


  • Spanish PTO sets ‘quality commitments’ related to duration of IPRs
    registration procedures: (Class


  • Banksy: Trade marks and anonymity:
  • New ICO survey reveals level of
    public concern over data protection: (IMPACT),
  • UK software patent law uncertainty
    continues: Symbian: (IMPACT),
  • Third-party trade mark use in
    software: RxWorks Ltd v Paul Hunter:
    Law Office
  • Information Commissioner warns on
    Heathrow fingerprint system: (Out-Law),
  • Laptop theft leads ICO to declare
    Skipton in breach of the Data Protection Act: (IMPACT),
  • Football fans worth £2.50 a year
    each in ITV sell-off: (IP
  • Beatles’ company Apple Corp plans
    to take legal action against Feugo Entertainment in response to their proposal
    to release live recordings of the Beatles in Hamburg: (IPKat),
  • Nominet: Dispute resolution service
    statistics: (Class
  • UKIPO calls for people’s views on
    the modernization of the Trade Mark Rules: (Class
  • No strike
    out for Nokia: InterDigital Technology
    Corporation v Nokia Corporation & Anor
    : (IPKat)


US General

  • ACTA’s
    misguided effort to increase government spying and ratchet-up IPR enforcement
    at public expense: (IP Justice),
  • Provisions
    for ACTA – According to Office of US Trade Representatives: (IP Justice),
  • White
    paper on proposed Anti-Counterfeiting Trade Agreement (ACTA): (IP Justice),
  • Public
    Knowledge files comments on ACTA: (Public Knowledge),
  • Comments
    of Knowledge Ecology International on the proposal for ACTA: (IP Justice),
  • Essential
    Action comments to USTR on ACTA: (IP Justice)
    publishes UTBMS Intellectual Property Billing Codes: (IP Updates),
  • USPTO seminar: Protecting IP in
    China: (Patent
    ), (Daily
    Dose of IP
  • IP hypocrisy: US likes WTO rulings
    only when it wins: (Ars

US Patent Reform

  • Chris Ohly and Sal Patel on the US
    Patent Reform Bill: (Spicy
  • Absolute novelty, first-to-file,
    and foreign bias: (Patently-O),
  • Improving claim construction at
    district courts: (Patent
  • Analysis: patent reform bill unable
    to clean up patent mess: (Ars
  • Reforming ourselves out of the
    green boom: (IP
  • Proposed patent reform remains
    problematic: (Against

US Patents

  • Patent
    Troll Tracker – Cisco amends employee blogging policy following Troll Tracker
    spat: (IP Law360), (Anticipate This!), (Patently-O), (Chicago IP Litigation Blog),
  • It’s time to acknowledge Jon Dudas’
    major achievement: (IAM),
    (response from Patent
    ), (IAM),
  • Patents and the Bush
    Administration: Grading Jon Dudas: (Hal Wegner),
  • Amateur hour – problems with PTO
    management: (Patent
  • Costly IP trials make arbitration more
    appealing: (IP
  • Defending the trolls: (IP
  • Big Blue billion dollar patent licensing revenues ‘an urban legend’: (IAM),
  • Courts resist using the term patent
    troll: (Patently-O),
  • LinkedIn describes PTO employees: (Patently-O),
  • Patent profile: Redpoint Bio
    announces issuance of patent for identifying taste signaling modulators: (Patent
  • 40% of section 337 actions go to
    trial: (IP
  • Reducing and managing patent
    litigation costs: (IP
  • USPTO boss talks about the rise of
    bad patents: (Ars
    ), (IPBiz),
  • Medellin
    v. Texas
    , the
    Paris Convention, TRIPS: The role of treaties in US patent law: (Hal Wegner),
  • IncreMental Advantage seminar on
    patent claim construction – Chicago, 23
    June / San Francisco, 14 July / Washington, 5 August: (Philip
  • New website of interest – ‘USPTO Examiners’:
    (Patentably Defined), (Patent
  • USPTO/George Washington University
    School of Business competition: Fix the backlog: (Daily
    Dose of IP
  • Harry Moatz is NOT crazy – Positions
    adopted by Patent Office regarding Rule 56, inequitable conduct and disclosure may
    have greater purpose: (PLI),
  • Pendency problems: (just_n_examiner),
  • Amgen ruling will increase section 337 investigations: (IP

US Copyright

  • Low-res
    transformativeness: (43(B)log),
  • Court
    notes that empty ‘The Office’-style workplace concepts not subject to
    copyright: Situation Management Systems v
    ASP Consulting Group
    : (Techdirt),
  • The
    politics of plagiarism: (IPBiz),
  • Zittrain
    speaks about preserving the internet and Lessig rants about eliminating
    copyrights and privacy: (IPcentral.info),
  • Attempted
    crimes and linking: (Patry
    Copyright Blog
  • Has
    Congress backdoored in ‘attempted copyright infringement’ as a crime?: (Techdirt),
  • Film
    Maker and PK submit testimony on orphan works: (Public Knowledge),
  • Cotchkie
    copyright: One person’s useful article is another’s art: (Public Knowledge),
  • Net
    neutrality doesn’t extend to illegal acts: The Comcast saga continues: (Public Knowledge),
  • How
    reliable are industry announced piracy statistics?: (Techdirt)

US – Companies / Entities

  • Acacia –
    Acacia Research Group settles patent infringement suit against AOL over
    technology that displays background images in instant messages and emails: (IP Law360)
  • Acacia –
    Acacia settles with SAS Institute, Quest Software, Aspen Technology, BMC
    Software, and F-Secure over patent dispute relating to rule-based monitoring
    technology used in computer systems: (IP Law360),
  • Activision
    – Gibson sues Activision and numerous retailers over ‘guitar hero’ video game:
    (Techdirt), (IP Law360),
  • American
    Medical Systems – American Medical Systems sues Biolitec AG for allegedly
    infringing its patent on technology used to treat enlargement of the prostate:
    (IP Law360),
  • Apple –
    Apple and Aiphone settle trade mark dispute over iPhone: (IP Law360),
  • Aroa
    Marketing – Court rules that a Aroa Marketing infringed Storus Corp’s trade
    mark when it sponsored the term ‘Smart Money Clip’ in Google’s search engine
    and displayed the term as the headline of the advertisement: (Out-Law),
  • Avid –
    Judge finalises $6.8 million award of damages, interest and costs to Avid
    Identification Systems, against Datamars, in false advertising and patent
    infringement case: (IP Law360),
  • Bilski – Briefs
    files for In re Bilski appeal: (Patently-O), (Intellectual Property Law Blog)
  • Blizzard
    – World of WarCraft maker, Blizzard, files copyright suit against Michael
    Donnelly in connection with his ‘MMO Glider’: (Ars Technica),
  • Bridgeport
    Music: Sixth Circuit decides that attorney fees can be awarded to prevailing
    defendant under s 505 Copyright Act even if the plaintiff’s unsuccessful claims
    were objectively reasonable: Bridgeport
    Music, Inc v WB Music Corp
    : (Patry Copyright Blog),
  • CardioNet
    – Trade Secret Act preempts state claims based upon confidential information: CardioNet, Inc v LifeWatch Corp: (Chicago IP Litigation Blog),
  • Continental
    Airlines: Continental Airlines settles patent dispute with inventor Ronald A
    Katz over interactive voice technology: (IP Law360),
  • Crocs –
    Cellect sues Crocs for patent infringement over plastic foam material used to
    make popular Crocs shoes: (IP Law360),
  • Dell – Dell
    granted summary judgment of noninfringement, upheld on appeal in patent case Computer Docking Station Corp v Dell, Gateway and Toshiba: (Patent Prospector), (IP Updates), (IPBiz), (IP Law360), (Patently-O),
  • Dell –
    Typhoon and Nova expand tablet PC patent suit against Dell to include Xplore
    Technologies Corp of America, Electrovaya, and Sand Dune Ventures: (IP Law360),
  • Dreamworks
    – CAFC applies doctrine requiring full enablement of broad claims, invalidating
    patent claims in Sitrick v Dreamworks:
    (IP Law360),
  • Dupre –
    Is printing call girl (Ashley Alexandra Dupre) photos fair use?: (Techdirt),
  • Epic –
    Epic Technologies accuses Freescale Semiconductor of patent infringement,
    breach of contract, unjust enrichment and trade sectret misappropriation: (IP Law360)
  • Ergotron –
    Court denies Ergotron’s motion for summary judgment of patent invalidity in its
    patent dispute with Mass Engineered Design: (EDTexweblog.com), (EDTexweblog.com),
  • Eros –
    Eros and Leatherwood settle copyright dispute over scripts for virtual sex in
    Second Life: (Ars Technica),
  • ETrade –
    Etrade sues two former employees and Bank of America subsidiary for allegedly
    misappropriating trade secret information to poach customers: (IP Law360),
  • General
    Motors – MHL TEK files patent infringement suit against major automakers
    including General Motors, Saturn, Ford, and Chrysler over tyre pressure
    monitoring technology: (IP Law360),
  • Georgia-Pacific
    – Georgia-Pacific Consumer Products sues Clorox Co and its subsidiary for
    patent infringement relating to wipes container: (IP Law360),
  • IBM – IBM
    patents real-time auto insurance surcharges: (Techdirt),
  • iParadigms (Turnitin) – Court rules that plagiarism detection is fair use in
    case brought by four students over use of archived student works: (Ars
    ), (IPBiz);
    Copyright Blog
  • Lumenis – Lumenis sues four former employees and Alma Lasers Ltd for trade
    secret violations: (IP
  • Lumenis – USPTO to reexamine Lumenis patents, putting a freeze on litigation
    between Lumenis and Alma Lasers over laser-based cosmetic treatment systems: (IP
  • Mattel – Supreme Court decision that arbitration awards should receive
    limited review by courts under federal law gets mixed reaction: Hall Street Associates LLC v Mattel Inc:
    ), (IP
    ADR Blog
  • Morris – Frances Morris and Morris Family Trust sue PC giants including
    Hewlett-Packard, Panasonic, and Sony Electronics for infringement of a patent
    relating to a modem-like method for transmitting and receiving analog signals
    and digital signals: (IP
  • New Line
    Cinema Corp – Summary judgment of no substantial similarity in copyright
    infringement case Tillman v New Line
    Cinema Corp
    regarding screenplay scenes: (Chicago IP Litigation Blog)
  • News Corp
    – Cies Bisker LLC launches patent infringement suit against 3M, News Corp and
    others over advertisements printed on floors: (IP Law360),
  • Nilssen –
    Oke K Nilssen’s fluorescent-light patent suit against retailers including
    Costco Wholesale Corp, Ikea, Wal-Mart Stores and Home Depot dismissed for
    inequitable conduct: (IP Law360),
  • Oakley –
    Oakley sues Twentieth Century Fox Film Corp and Marvel Characters Inc for
    infringement of design patent relating to sunglasses on ‘Fantastic Four’ movie
    tie-in toy: (IP Law360), (Out-Law),
  • Paradise
    Canyon – Court rules in Paradise’ favour in its trade mark infringement and
    false advertising case against Integra Investments over its HIDDEN WOLF mark: (43(B)log),
  • Perricone
    – Celebrity doctor and author, Dr Nicholas Perricone’s skin care patents
    invalidated putting to rest his patent case against Medicis: (IP Law360),
  • Philips –
    Postverdict relief denied in patent portion of Avid v Philips: (EDTexweblog.com),
  • Rambus –
    Rambus stock soars following jury’s dismissal of antitrust and fraud charges
    from Hynix, Micron, and Nanya that Rambus rigged the playing field by getting
    patents on the SDRAM memory standard: (Patent Prospector), (Patently-O), (Techdirt), (IP Law360), (IP finance), (IPBiz),
  • Rambus –
    Rambus lawyers say the company will seek injunction preventing Hynix
    Semiconductor from designing memory chips that infringe its patent: (IP Law360),
  • RIAA – Cliff
    Thompson, sued by the RIAA for copyright infringement, asks Supreme Court to
    decide whether record labels should be forced to pay attorneys’ fees in cases
    where they voluntarily dismiss copyright infringement cases: (Ars Technica),
  • RIAA –
    RIAA fights having to pay legal bills of exonerated file-sharing defendant
    Tanya Andersen: (Ars Technica),
  • Rothschild
    – ITC begins investigation into whether numerous companies (including Hitachi,
    LG, Lite-On, Matsushita, Motorola, Nokia, Pioneer, Samsung, Sanyo, Sharp, Sony,
    Toshiba) infringed Dr G N Rothschild’s LED patents: (Ars Technica), (Techdirt), (Philip Brooks), (IPBiz),
  • Seagate –
    Seagate poised to assert patents if SDDs threaten the market position of
    conventional hard drive manufacturers: (Ars Technica), (Techdirt),
  • Silicon
    Laboratories – Integrated circuit makers Silicon Lab’s and Analog Devices
    settle long-running patent dispute: (IP Law360),
  • Sprint
    Nextel – Court rejects Sprint Nextel’s motion for summary judgment in patent
    infringement case brought by Enovsys relating to privacy safeguards for
    location-based cell phone services: (IP Law360),
  • STOP –
    Satellite Tracking of People LLC (STOP) sues rivals including Pro Tech
    Monitoring Inc, Omnilink Systems Inc and SecurAlert Inc for infringement of
    patent relating to GPS technology: (IP Law360),
  • Synthes –
    Judge dismisses patent dispute between Synthes and GM Dos Reis Jr Ind Com De
    Equip Medico finding the case lacks jurisdiction in California federal court: (IP Law360),
  • Synthes –
    Synthes overcomes Stryker’s objections and wins bid to stay clamp patent feud
    pending reexamination: (IP Law360),
  • Tessera –
    Connecticut Congressman Christopher Shays writes the Chairman of the ITC regarding
    stay of action pending PTO reexam while Tessera’s patents wither on the vine: (Patent Prospector),
  • Tooling
    Systems International – CAFC dismisses TSI’s allegations against UGS Corp regarding
    actions taken in Poland to enforce software licences, for lack of jurisdiction:
    (IP Law360),
  • Trainman
    Lantern Co – CAFC reverses preliminary injunction in lantern patent case
    finding no likelihood of success: A G
    Designs & Assoc LLC v Trainman Lantern Co Inc
    : (Washington State Patent Law Blog),
    (Patently-O), (Patent Prospector), (IP Law360),
  • Volkswagon – AIPLA files amicus
    brief arguing that the Eastern District of Texas is hearing too many patent
    cases: In re Volkswagon: (Patently-O),
  • Vygon – French company, Vygon,
    accuses a RyMed of infringing a patent for a connector that links an
    intravenous set with a catheter, even as RyMed has a separate suit pending that
    claims invalidity and noninfringement of the same patent: (IP
  • Wal-Mart –
    Court rejects Wal-Mart’s trade mark infringement claims against Charles Smith
    over use of phrases including ‘walocaust’ and ‘wal-qaeda’ on parody t-shirts
    and bumper stickers: (Techdirt), (IP Law360)

One Comment on “IP Think Tank Global Week in Review – 28 March 2008

  1. I know that it is a fine line sometimes between freedom of speech/thought, the need for ideas to be shared and an inventor’s right to protect their ideas and inventions from copyright infringement.

%d bloggers like this: