IP Think Tank Global Week in Review – 30 November 2007

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

Highlights
this week included:copyright & trademark trolls, the constitutional challenge to Brazil’s IP law, Norway & Croatia join the EPC, the EPO’s financial crisis, France’s new rules on liability of ISPs, Amazon’s one click patent lives on (in amended form), and TiV’so patent claims survive re-exam intact.

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://thinkipstrategy.com/subscribe/

Global

• Medicine 2.0: Online peer review? Facebook for physicians?: (MaRS),

• Copyright and trade mark trolls?: (IPThinkTank),

• ISPs fear trend towards greater liability for content: (IPWatch),

• Customers lose faith in phished brands: (ArsTechnica)

• Settling IP Litigation, Indian patent transparency, national differences, Friction & Warfighting: (StrategicIP),

• Creative Commons is turning 5: (CreativeCommons),
• Champerty in patent troll shell company cases: (Patent Prospector),
• IP portfolio analysis: (IPThinkTank),
• WIPO hosts international round table on the economics of IP: (WIPO)
• When Yes is not enough: (IPThinkTank),
• Bringing liquidity to the IP Marketplace: It’s the information, stupid!: (Michael Pierantozzi),
• ASEAN Regional patent office?: (IPThinkTank),
• Convergence brings bad news for IP owners: (IAM),
• DMCA-Style laws going to Canada, Switzerland and the world: (ArsTechnica),
• Can typosquatting be counterfeiting?: (Trademark Blog),
• Short paper on domain name monetization: (Trademark Blog),
• Comcast puts non-lawyer in charge of IP Strategy: (IAM),
• Are green technology IP rights owners about to become the new big pharma?: (IAM),
• Latest WIPO SME newsletter: (WIPO),

Pharma

• Roche extends patent fight (to include Abbott) over diabetes test strips: (IPLaw360),
• Drug innovation and marketing: (Tech Innovation and IP),
• WHO funded study reveals 3.1% of drugs sold in India are counterfeit suspects: (SpicyIP),
• Another piece on the impressive R&D programs of India’s (generic?) pharmaceutical companies: (SpicyIP),
• Great discussion on pharmaceuticals, patents and incentives for innovation: (Generic Pharmaceuticals & IP), (DrugWonks),

• Adenoscan (Adenosine) – Astellas Pharma, King Pharmaceuticals, and Teva Settle Adenoscan® Patent Suit: (PatentDocs),
• Clarinex (Desloratadine) – Schering Corp. adds Anchen Pharmaceuticals Inc. to
  the long list of companies sued for patent infringement: (IPLaw360),
• Cosopt (dorzolamide hydrochloride and timolol maleate) – Merck achieves dismissal of invalidity claims & thwarts Apotex’s chance at 180 d exlusivity: (OrangeBookBlog),
• Depakote (Valproate semisodium) – Abbott sues proposed generic: (IPLaw360),
• Iressa (Gefitinib) – rejected under India’s new patent laws: (SpicyIP),
• Lovenox (Enoxaparin) – patent infringement litigation between Aventis and Teva/Amphastar is making its second trip to the Federal Circuit: (OrangeBookBlog),
• Omacor (Omega-3 fatty acid) – German court invalidates Pronova BioPharma patent: (IPLaw360),

Australia

• Summary Judgment in counterfeit dishwashing detergent case highlights need to know manufacture: (IPWars),

• Radio program on creative commons: (CreativeCommons),

Brazil

• National Federation of Pharmacists (FENAFAR) argues unconstitutionality of Brazilian IP law: (e-drug),
  

Canada

• The Canadian Intellectual Property Office has recently added features to the online patent database.: (Now why didn’t I think of that),
• Ontario court ruled
  that Richard Warman, was defamed online in a series of
  postings: (Michael Geist),
• Canada’s Copyright law is Stronger and Better than U.S.’s: (Michael Geist),

China

• Danone-Wahaha Dispute: No End in Sight: (China Business Law Blog), (China Law Blog),

• Software Copy Protection: Not a Magic Bullet: (China Hearsay),

• Luxury Goods Racket: (China Hearsay),

• Link Between Counterfeiting and Organised Crime: (IPDragon),

• Preferring Price Discrimination Over Sidestepping Patents?: (IPDragon),

• China Bad News For Thailand’s Counterfeit Manufacturers: (IPDragon),

• Software and IP again: (China Hearsay),
• Consortium of 5 Hollywood studios is suing jetboo.com and Eastday Bar in China for copyright infringement in relation to movies in internet cafes: (IPKat),
• Formation of the WTO panel requested by the US on China’s distribution of copyrighted material was
  delayed after a procedural move on an unrelated matter: (IPWatch),
• One-third of European companies in China have no IP problems at all: (IAM),

Europe

• Norway accedes to the European Patent Convention: (EPO), (BLOG@IP::JUR)
• Croatia accedes to the European Patent Convention: (EPO), (BLOG@IP::JUR),
• European Union governments on Thursday agreed the main components of a
  patent litigation system that will apply throughout the 27-country bloc: (IPWatch)
• Legal Affairs Committee of the European Parliament backs Commission Proposal to end design protection for spare car parts: (IPRHelpdesk), (I/PUpdates),
• EPO faces deficit crises: (IAM),
• Gateway Inc. cannot stop Fujitsu-Siemens’ registration of the words ACTIVY Media Gateway: (IPKat), (OUTLAW), (Catch Us If You Can),
• New anti-trust guidelines for mergers from European Commission: (OUTLAW),
• EU Parliament urges change in IP rules for environmental technology: (IPWatch),
• European Commission expected to publish communication on creative content online by year’s end: (IPWatch),
• Criticism and discussion of the European Commission’s performance over the EPLA: (IPEG),
• Nokia makes little progress in its European Qualcomm patent fight: (IPEG),

France

• France is about to implement new rules that will require ISPs to monitor their customers’ activities and disclose file sharing activity to a new independent body: (Michael Geist), (ArsTechnica), (ZDNet), (OUTLAW), (IPWatch),

Germany

• Germany public TV starts creative commons experiment: (Lessig Blog), (CreativeCommons),

India

• An improving scenario for trademark owners in India: (IAM),

• Geographical Indication” (GI) Application for “Darjeeling” in Europe: (SpicyIP),
• Government issues Circular on border enforcement of IPRs: (SpicyIP),
• YouTube v T-Series – more on this dispute: (SpicyIP)
• CIPLA Milking Indian Consumers? Charity Does Not Begin at Home!: (SpicyIP),
• SpicyIP Petition: Indian Patent Database: (SpicyIP),
• Natco (unsurprisingly) considering challenge to HC ruling on Glivec: (SpicyIP),
• Music copyright infringement in India: (SpicyIP),
• Indian centres drive US patent rush: (SpicyIP),
• When faces are not billboards: (SpicyIP),
• Educomp – an unusual approach to property development – supply IP Schools: (SpicyIP),
• Copyright notices to ISPs on the rise: (SpicyIP),

Indonesia

• Indonesia Mulls Compulsory Licences On Three More HIV/AIDS Drugs: (IPWatch), (Generic Pharmaceuticals & IP),

Italy

• Great discussion of colour trade marks: (Catch Us If You Can!),

Israel

• Israel passed its first Copyright Law: (IPFactor), (Michael Geist),

Nigeria

• One Laptop Per Child Association sued for patent infringement: (Philip Brooks),

Taiwan

• Taiwan’s Exciting 2007: IP Case Proceeding, IP Court and Patent Attorney Acts: (IPDragon),

Thailand

• Thai and foreign public health campaigners urged governments
  to exercise their right over patent owners to provide access to cheaper
  essential medicines for the poor: (IPWatch),

United Kingdom

• Triumph of style over substance? (UK Channel Management Ltd v E! Entertainment Television Inc and another): (IPKat),
• New UK TM search tool: (Filemot), (IPKat),
• New UK Patent rules are, according to the UK-IPO, due to come in on 17 December 2007: (IPKat),

United States

• Amazon one click patent is back after some careful amendments: (IPKat), (OUTLAW), (IPBiz), (Against Monopoly)
• SPAMARREST mark allowed by TTAB through despite objection based on earlier SPAM mark: (IPKat), (I/PUpdates),
• Apple and Burst.com have agreed on a settlement in the Apple v. Burst.com case, which involves Apple paying a one-time, $10 million licensing fee: (ArsTechnica), (Copyfight), (Patent Prospector),
• Committee report will give clearer picture of the state of play at the USPTO: (IAM),
• Altitude Capital Partners sues Google, Yahoo, AOL and others: (Patent Prospector), (IPLaw360),
• Supreme Court declined to hear an appeal brought by a California
  software company against Viacom Inc. involving alleged trademark
  infringement: (IPLaw360),
• Injunction deals another blow to Stryker: (IPLaw360),
• Cordance Faces Claim Over Amazon’s Software Patent: (IPLaw360),
• Judge Vacates Willfulness Finding Against Qualcomm: (IPLaw360), (Patent Prospector),
• just because a case involves patents doesn’t mean that you get federal jurisdiction [Wisconsin Alumni Research Foundation (WARF) v. Xenon Pharmaceuticals] : (Patent Baristas),
• Gemini Moves From Madison, Wisconsin to Marshall, Texas, and then Sues 11more: (Patent Troll Tracker),
• RIAA ordered to divulge its expenses it has incurred for each of the 38 songs cited in a copyright infringement lawsuit: (ArsTechnica),
• United Health HSA cards accused of patent infringement: (IPLaw360),
• Saint-Gobain has sued Dow and
  5other manufacturers in a suit for allegedly infringing its
  tubing and connector technology: (IPLaw360),
• Car companies hit with patent suit by holding company for technology required to meet government regulations: (IPLaw360),
• LCD has announced a settlement with its Taiwanese rival Chunghwa Picture Tubes over their protracted patent dispute: (IPLaw360),
• Amazon, Borders settle patent suit over electronic message interpretation systems: (IPLaw360),
• GraphOn Corp. and AutoTrader.com Inc. settled their 2 year patent litigation: (IPLaw360),
• ITC to investigate in Acer v HP patent dispute: (IPLaw360),
• TiVo patent claims survive re-exam intact; EchoStar doomed?: (IPBiz), (ArsTechnica),
• CAFC – operability of 102(g) defence (first to conceive then reasonable diligence) – [z4 Technologies v. Microsoft Corp. (Fed. Cir. 2007)]: (Patently’O),
• Andrew Beckerman-Rodau
  looked at 28 district court cases after Supreme Court’s eBay decision to determine how courts handled permanent
  injunctions: (Peter Zura), (Patent Prospector),
• Microsoft loses appeal in product activation patent case: (ArsTechnica)
• Can flowers be sculpture? [Kelley v. Chicago Park District]: (Chicago IP Litigation Blog),