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 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:
- Heirs of Superman’s creator Jerome Siegel win share of copyright with Time Warner: (IP Law360), (IPKat), (Public Knowledge),
- Delhi High Court recognizes, for the first time in India, the need to consider public interest in allowing or rejecting an order of injunction: (Indian Patent Oppositions), (Generic Pharmaceuticals & IP), (Spicy IP), (International Law Office), (Spicy IP),
- Court grants GSK’s and Tafas’ motions for summary judgment finding PTO’s proposed limitations to the number of continuation applications and claims per patent to be improper extensions of PTO authority: Tafas v Dudas: (Patently-O), (IPKat), (Anticipate This!), (Ars Technica), (Patent Prospector), (Washington State Patent Law Blog), (IP Law Observer), (PLI), (PLI), (IP Updates), (Patent Docs), (Peter Zura’s 271 Patent Blog), (The Invent Blog), (IP Spotlight), (Just a Patent Examiner), (Techdirt), (Patent Baristas), (IPBiz), (IPBiz), (Patently-O), (IAM), (IP ThinkTank), (Against Monopoly), (Against Monopoly), (IP Law360), (Hal Wegner), (Ladas & Parry),
Global
Global – General
- Virtual monopoly – four strategic choices: (IP ThinkTank)
- Industry losing faith in WIPO; debates US WTO cases against China: (Intellectual Property Watch),
- Markets, bright-line tests and the IP owner: (IP finance),
- WIPO Member States adopt 2008/9 program and budget: (WIPO), (IPKat), (Intellectual Property Watch), (IP Updates), (IP Law360),
- WIPO DG candidates reveal their visions and their plans: (IAM), (IP Updates), (KEI),
- WIPO summer school on IP – 14-25 July 2008, Geneva: (IPR-Helpdesk),
- WTO/WIPO Colloquium aimed at IP teachers from developing countries – 30 June to 10 July: (Intellectual Property Watch)
Global – Trade Marks / Domain Names / Brands
- Cybersquatting explosion puts emphasis on trade mark owners to demand action: (IAM),
- WIPO: Cybersquatting cases rise to record levels: (Intellectual Property Watch), (Out-Law),
- Keyword advertising and trade mark infringement:UK case Victor Wilson v Yahoo; US case Storus Corp v Aroa Marketing, Inc et al: (IMPACT),
- World’s strongest and most valuable brands revealed in new issue of IAM: (IAM)
Global – Patents
- Paris Convention and public access to patents: (The Patent Librarian’s Notebook),
- No need for patents to give incentives?: (IPBiz),
- One example of when taking a license makes sense: (Anything Under the Sun Made by Man),
- New national-level programmes echo WIPO patent treaty: (Intellectual Property Watch),
- Office Open XML officially approved as international standard: (IP Watch), (Ars Technica),
- Free, worldwide patent search site – PriorSmart.com: (The Invent Blog)
Global – Copyright
- Fordham IP law & policy conference: (Orphan works legislation in the US and around the world – 43(B)log), (The challenges and opportunities of copyright in the web 2.0 world – 43(B)log), (Copyright law exceptions and limitations – 43(B)log), (Free speech and P2P issues – 43(B)log),
- What good is a CC licensed specification?: (creativecommons.org),
- Neil Netanel’s copyright paradox: (Patry Copyright Blog),
- Isn’t it ironic: TechCrunch blames the music industry for the dangerous ideas of Lessig and the free culture movement: (IPcentral.com)
- CFP: First interdisciplinary research workshop on free culture: (creativecommons.org),
- Of limitations, exceptions and verse (WIPO copyright committee): (KEI)
Pharma & Biotech
Pharma & Biotech – General
- StemCellPatents.com launches new stem cell patent database: (Patent Docs),
- Report on Pharmaceutical Trade Marks Group conference: (1st Day – IPKat), (2nd day – IPKat),
- Compound claim insufficient to support SPC for combination product: (IP Updates),
- China: Illegal drug sales and a touch of cynicism: (China Hearsay),
- EU: Monsanto Technology LLC v Cefetra BV first national court referral to the ECJ on interpretation of Biotech Directive: (Hal Wegner)
- Ghana: Embossing scheme on trial to deal with fake drugs in Ghana: (Afro-IP),
- India: Foreign pharma may adopt differential pricing at last: (Spicy IP)
- India: Cancer patients seek to use courts for access to patented drugs: (Intellectual Property Watch),
- India: Government in favour of compulsory licensing only in cases of emergencies: (Spicy IP),
- US: Claim drafting: Examples of recently issued antibody claims: (Patent Docs),
- US: BIO responds to Patent Reform Bill (s 1145) and Tafas/GSK v Dudas decision: (Patent Docs),
- US: Gene patents in legal limbo for now: Ex parte Kubin: (Genetic Engineering & Biotechnology News),
- US: Setting the record straight: Generic drug industry lobby ‘flat out wrong’ about BIO position on follow-on biologics: (GenericsWeb),
- US: Ugliness in the WARF patent re-examination?: (IPBiz)
Pharma & Biotech – Products
- Abilify (Aripiprazole) – Otsuka files US patent infringement suit against Teva over seeking approval for generic Abilify: (IP Law360),
- Aricept (Donepezil) – US federal judge grants Eisai’s request for preliminary injunction blocking Teva from marketing generic version of Aricept: (IP Law360), (Orange Book Blog),
- Carbatrol (Carbamazepine) – US federal judge delivers mixed ruling in Shire Laboratories’ patent lawsuit against Corepharma over Shire’s drug Carbatrol, accepting Corepharma’s proposed construction of one disputed term and rejecting its constructions of three others: (IP Law360),
- Clarinex (Desloratadine) – Sepracor and University of Massachusetts file suit against Sandoz claiming the company’s generic Clarinex infringes two US patents: (IP Law360),
- Depakote (Divalproex sodium) – Nu-Pharm appeals US District Court decision in patent dispute with Abbott: (FDA Law Blog),
- Enapren (Enalapril) – Merck seeks to quash Ranbaxy’s subpoenas in US patent litigation: (IP Law360),
- Exjade (Deferasirox) – CIPLA set to launch generic Deferasirox in India; Novartis has applied for an Indian patent on Deferasirox and plans to launch Exjade in second quarter 2008: (Spicy IP),
- Genemaker – Codon, Blue Heron settle gene-synthesis patent suit: (IP Law360),
- Lexapro (Escitalopram) – CAFC revives Caraco’s declaratory judgment suit against Forest Laboratories over patent for antidepressant despite a covenant by Forest not to sue: (IP Law360), (Hal Wegner), (Patent Prospector), (Philip Brooks), (IPBiz), (IP Law360),
- Lipitor (Atorvastatin) / Caduet (Atorvastatin/Amlodipine) – Pfizer sues Ranbaxy in US federal court alleging infringement of two of its Lipitor process patents in ongoing global dispute between the companies: (Spicy IP),
- Lipitor (Atorvastatin) – Spanish court upholds Pfizer’s Lipitor patent in response to challenge by Laboratorios Cinfa SA, Kern Pharma SL, Laboratorios Alter SA: (IP Law360), (Spicy IP), (Generic Pharmaceuticals & IP),
- Mircera (Methoxy polyethylene glycol-epoetin beta) – Amgen brings motion against Roche in attempt to prevent Roche from selling Mircera while US federal court decides whether or not to issue a permanent injunction in the ongoing Mircera patent dispute: (IP Law360), (Patent Docs), (IPBiz),
- Prevacid (Lansoprazole) – US: Teva fails to invalidate Prevacid patent held by TAP Pharmaceutical Products Inc; Teva to appeal: (IP Factor), (Generic Pharmaceuticals & IP), (IPBiz), (IP Law360), (GenericsWeb),
- Tarceva (Elortinib) – Roche v Cipla – Delhi High Court recognizes, for the first time in India, the need to consider public interest in allowing or rejecting an order of injunction: (Indian Patent Oppositions), (Generic Pharmaceuticals & IP), (Spicy IP), (International Law Office), (Spicy IP),
- Topamax (Topiramate) – US CAFC upholds Ortho-McNeil’s Topamax patent in its dispute with Mylan Laboratories: (IP Law360), (Hal Wegner), (Patent Prospector), (Orange Book Blog), (Patently-O),
- Yasmin (Drospirenone) – Bayer appeals Yasmin patent invalidity in its battle against Barr Laboratories: (IP Law360), (Generic Pharmaceuticals & IP), (GenericsWeb)
Africa
- Review of Joseph E Stiglitz’ book ‘Making Globalisation Work’ – IP law and issues affecting Africa: (Afro-IP),
- Journal of IP Law and Practice editorial ‘Intellectual property and Africa: the agony and the entropy’: (Afro-IP),
- Somali bank notes: is there a copyright issue? – Counterfeit cash flooding the market: (Afro-IP),
- Debranded fakes for Liberia: an update: (Afro-IP),
- South African music industry blames pirates for falling sales of local artists: (Afro-IP),
- Plaintiff obtains interlocutory relief in patent case Sanitam Services Limited v Bins (Nairobi) Services Limited: (Afro-IP),
- South Africa – new patent judgments: Buckman Laboratories v Bromine Compounds; Northpark Trading 3 (Pty) Ltd v Ausplow (Pty) Ltd: (Afro-IP)
Australia
- Review of new format shifting exceptions: (IPRIA),
- Guidelines released for bodies seeking prescription as a key cultural institution: (IPRIA),
- Review of the extension of legal deposit: (IPRIA),
- Copyright infringement notice guidelines revised: (IPRIA),
- Change of renewal period for trade marks: (IPRIA),
- Position paper on incorporation of patent and trade marks attorneys released: (IPRIA),
- Stage one of IP Australia-IPONZ comparative trade mark examination project complete: (IPRIA),
- auDA approves implementation plan for new .au registrant transfers policy: (IPRIA),
- Minister announces review of national innovation system: (IPRIA),
- ALRC releases report on client legal privilege in federal investigations: (IPRIA),
- Twelfth Round of ASEAN-Australia-New Zealand FTA negotiations: (IPRIA),
- Second round of Australia-Gulf Cooperation Council FTA negotiations: (IPRIA),
- Third round of Australia-Japan FTA negotiations: (IPRIA),
- Second round of Australia-Chile FTA negotiations: (IPRIA),
- Procedural flexibility has its limits when evidence filed late: Television Food Network, GP v Food Channel Network Pty Ltd: (Australian Trade Marks Law Blog),
- Ditch the spin. It’s a record-sales record! – Three strikes proposal to combat file-sharing: (Peter Martin),
- Federal Court dismisses Metricon Home’s appeal against decision that it breached the copyright of the Barrett Property Group by using the ‘alfresco quadrant’: (IP Down Under),
- Full Federal Court dismisses Ajinomoto’s appeal against finding of patent invalidity: Ajinomoto Co Inc v NutraSweet Pty Ltd: (IPwar’s),
- USPTO-IP Australia patent prosecution highway pilot program: (Anticipate This!), (IP Updates), (Patent Docs),
- Alex Lloyd sued by Mark O’Keefe for Amazing song royalties: (IP Down Under):
Brazil
- Efforts being made to reduce software piracy: (International Law Office)
Canada
- Patent Prosecution Highway joins Canada and the United States: (International Law Office),
- The fight for fair copyright in Canada: (Michael Geist),
- Court considers whether the distinctive holes in Croc’s plastic shoes are a distinguishing guise or partly functional in copyright and passing off case Crocs Canada Inc v Holey Soles Holdings Ltd: (Canadian Trademark Blog),
- Federal Court of Appeal decision in Thorkelson v Pharmawest Pharmacy Ltd overturns order for expungement of CANADADRUGS.COM and CANADA DRUGS trade marks: (Canadian Trademark Blog),
- Trosow on CMEC’s Copyright Bulletin, part five: (Michael Geist)
China
- Discussion of SIPO patent statistics for 2007: (Panawell & Partners, LLC), (Post-Grant), (Rouse & Co International),
- Defendant appealed in No.1 Chinese patent litigation: Chint Group v Schneider Electric (Tianjin): (Panawell & Partners, LLC),
- New records for IP damages in China: (Panawell & Partners, LLC),
- ‘Thunderstorm’ and ‘Skynet’ campaigns launched in China: (Panawell & Partners, LLC),
- 15, 000 IPR infringements heard and concluded by Beijing courts within 5 years: (Panawell & Partners, LLC),
- ‘Dragon Boat Action’ of Chinese Customs stopping infringing products at borders: (Panawell & Partners, LLC),
- Anti-Piracy Reporting Center set up in China: (Panawell & Partners, LLC),
- 23,434 Chinese Court judgments concerning IPR published on internet: (Panawell & Partners, LLC),
- China was No. 1 in the past five years for 337 investigations: (Panawell & Partners, LLC),
- Chinese movie site, Jeboo, sues MPAA for overstating copyright dispute settlement terms: (Techdirt),
- China counterfeiting. Just one among 1.3 billion: (China Law Blog),
- China as IP paradise: (China Law Blog),
- Court holds mark incorporating the word ‘Oxford’ not registrable as a trade mark: (Rouse & Co International),
- International food company wins procedural point in trade mark infringement case against a local Chinese enterprise: (Rouse & Co Internationa
- TVB receives RMB 100,000 settlement for copyright infringement: (Rouse & Co International),
- Travel sector warned against illegal use of Olympic logos and slogans: (Rouse & Co International)
Europe
- EU Ambassador calls for US to resolve outstanding IPR disagreements: (IPKat),
- AG delivers opinion in Case C-488/06 P L & D SA v OHIM, Julius Sämann Ltd concerning silhouette tree marks for airfresheners: (Class 46),
- Intellectual Property Institute seminar: ‘Surgical exceptions to patentability’ – London, 16 April: (IPKat),
- EPO fee increases ahead: (IPKat),
- CFI hears Bud arguments: Joined Cases T-225/06, T-255/06, T-257/06, T-309/06 Budějovický Budvar v OHIM, Anheuser-Busch: (Class 46),
- EPO emphasizes quality as number of grants fall: (IAM)
France
- BSA raid finds up to 47% of software used in Sony BMG offices is pirated: (Techdirt), (Ars Technica), (Patry Copyright Blog)
- Trade mark exhaustion case Copad SA v Christian Dior Couture SA, Vincent Gladel, acting as receiver of Société industrielle de lingerie (SIL) and Société industrielle de lingerie (SIL) goes to the EJC: (Class 46)
Germany
- German Trade Mark and Patent Office (DMPA) reports on trade mark statistics: (Class 46)
India
- Government not in favour of optical disk law to check piracy in the film industry: (Spicy IP), (Spicy IP),
- IP owners take advantage of customs recordal system: (Rouse & Co International),
- Music industry looks to IP scene for better protection: (Spicy IP),
- Ernst & Young’s report ‘The effects of counterfeiting and piracy on India’s entertainment industry’ shows heavy losses plague entertainment industry: (Spicy IP),
- Permanent injunction by the Madras High Court in copyright case over stage ballet: L G Jayaraman, S Vijayaraghavan and S Radha v Cleveland Cultural Alliance: (Spicy IP),
- Record grant of patents: (Patent Circle), (IP Factor),
- DIPP launches plan to revamp IPR implementation mechanisms and to sensitise stakeholders: (Spicy IP)
Italy
- Custodial sentences for some of the individuals involved in counterfeiting Johnson & Johnson Baby Shampoo: (Class 46)
Jamaica
- IP rights obligations under new EU-CARIFORUM Economic Partnership Agreement: (International Law Office)
Korea
- Korean case law on trade mark dilution: (Part 2 – Korea IP Law Blog), (Part 3 – Korea IP Law Blog)
Norway
- Norwegian ISPs and Consumer Council fight back against entertainment industry threat letters pressuring ISPs to block file-sharers internet access: (Techdirt), (Ars Technica)
Poland
- Supreme Court to decide whether buying counterfeit goods is understood as fencing: (Class 46)
Slovenia
- Slovenian Supreme Court rejects Slovenian IPO’s request for review of an Administrative Court judgment in Case X Ips 282/2006-3: (Class 46)
Spain
- Supreme Court rules that private companies may not register city names as Spanish trade marks without prior consent from municipality : (Class 46)
Sweden
- ISP, TeliaSonera, aggressively pushes back against legal threats from the IFPI over file-sharing: (Techdirt),
- Pirate Bay backers could be personally liable for 15 million kroner after record labels requested the amount in damages from the Stockholm District Court: (Ars Technica)
Turkey
- Change in interpretation of five-year time limit for cancellation actions: (International Law Office)
United Kingdom
- UK IPO refuses two of Blacklight’s patent applications relating to computerized atomic modeling system, on the grounds that any contribution made was only that of discovery or scientific theory: (IPKat),
- BPI, Virgin to pilot ‘warning’ scheme for downloaders: (IPKat), (Techdirt), (Ars Technica),
- New UK IPO e-filing directions: (IPKat),
- Irish political parties Fianna Fail and Fine Gael defeat Patrick Melly’s application to register their names and that of Sinn Fein as UK trade marks: (IPKat),
- Thames water to get GI status: (IPKat), (IP Factor),
- UKIPO: updated exchange rate for Madrid Protocol application fees paid via a UK deposit account: (Class 46),
- Rival gaming groups Gala and Rank in trade mark dispute over ‘G’ device mark: (Class 46),
- UKIPO publishes report on impact of artist’s resale royalty rights on the UK art market: (IPKat), (IP Updates), (LawFont.com)
- BT’s Phorm web-surfing tracking tests more extensive than previously reported: (Techdirt),
- Information Commissioner’s Office advises on how to deal with data loss: (Out-Law),
- Proposal to shorten the period during which trade mark applications can be opposed will make new fast-track trade mark process more appealing: (Out-Law),
- UKIPO Chief Executive: copyright system a ‘constant conflict’: (Intellectual Property Watch),
- House of Lords to rule on clash of data protection and FOI laws: (Out-Law),
- 3 law firms, 6 weeks: data protection crackdown continues: (IMPACT),
- Consultation on whether UK should opt into Rome I Regulation: (IPKat),
- Custodial sentences for pair who sold fake football memorabilia: (IPKat),
- Trade mark application for KIKOY fails due to applicant’s failure to file opposition counterstatement; application had been challenged on behalf of Fair Trade in Africa due to its phonetic equivalence to kikoi, a type of traditional Kenyan fabric: (IPKat), (Afro-IP)
United States
US General
- Washington State passes RFID privacy law: where’s Uncle Sam?: (Ars Technica)
- Markets like good IP news, but do they know why?: (IAM),
- IP Law360 introduces daily ‘hire sheet’ of law firms hired to represent Fortune 500 companies in IP cases in recent weeks: (IP Law360), (IP Law360),
- Data security – How much is enough?: (IP Spotlight),
- Eight Federal Circuit colleagues eligible for retirement within two years, per Circuit Judge Moore: (Hal Wegner)
US Patent Reform
- Court grants GSK’s and Tafas’ motions for summary judgment finding PTO’s proposed limitations to the number of continuation applications and claims per patent to be improper extensions of PTO authority: Tafas v Dudas: (Patently-O), (IPKat), (Anticipate This!), (Ars Technica), (Patent Prospector), (Washington State Patent Law Blog), (IP Law Observer), (PLI), (PLI), (IP Updates), (Patent Docs), (Peter Zura’s 271 Patent Blog), (The Invent Blog), (IP Spotlight), (Just a Patent Examiner), (Techdirt), (Patent Baristas), (IPBiz), (IPBiz), (Patently-O), (IAM), (IP ThinkTank), (Against Monopoly), (Against Monopoly), (IP Law360), (Hal Wegner), (Ladas & Parry),
- IPO urges action against Patent Reform Bill provision: (Patent Baristas),
- Rather than giving the banks a patent exemption, why not fix the patent system?: (Techdirt),
- Coalition for Patent Fairness media briefing re Patent Reform Act (s 1145): (Patent Prospector), (Patent Baristas), (IPBiz),
- Commerce Department renews support for Applicant Quality Submissions in s 1145: (Peter Zura’s 271 Patent Blog), (Hal Wegner),
- Weak patent protection costs jobs: (Patent Prospector),
- Patent reform politics: who donates most to the Democrats?: (IPBiz),
- US election, patent reform could decide fate of voided USPTO rules: (Intellectual Property Watch)
US Patents
- Bilski – Once again rethinking the scope of patentable subject matter: Ex parte Bilski: (Patently-O), (IP Law360)
- Discussion of New York Times article ‘Researchers play tune recorded before Edison’: (IPBiz), (Patent Prospector), (Techdirt), (Patent Librarian’s Notebook), (Securing Innovation),
- Discussion of New York Times article ‘Edison… Wasn’t he the guy who invented everything?’: (Patent Docs), (IPBiz),
- Patent Troll Tracker – Cisco’s chief patent counsel is not a registered patent attorney: (IPBiz)
- Patent Troll Tracker – Frenkel and Yen: the Cisco kid and Pancho, or the Lone Ranger and Tonto: (IPBiz),
- Peterlin’ solution to the PTO mess, an MBA competition (!): (Hal Wegner), (Patent Prospector),
- What to do at the USPTO to reduce application backlog, post-Tafas?: (IPBiz),
- Spending Dudas’ two billion dollar budget: (Hal Wegner),
- New leadership in the patent community: (Hal Wegner),
- Dudas reasonable and informed in interview (Response to earlier post from Ars Technica): (PLI),
- Discussion of CNET interview with Jon Dudas: (PLI), (Patent Prospector), (Anticipate This!),
- Patent challenge of the week: When does a patent expire?: (Patently-O),
- Law Seminars International workshop: ‘Successfully drafting multilateral patents’ – 23 June, San Francisco: (Patent Docs),
- Practising Law Institute conference: ‘Prior art and obviousness 2008: The PTO and CAFC perspective on patent law sections 102 and 103’ – 16 June, San Francisco: (Patent Docs),
- Patenting the atomic bomb: (Patent Librarian’s Notebook), (Against Monopoly),
- Abraham Lincoln as patent litigator: (IPBiz),
- Legal symposium on Bessen/Meurer book ‘Patent failure: How judges, bureaucrats, and lawyers put innovators at risk’ – 29 March, University of Georgia: (IPBiz),
- Assessing damages when an injunction is denied: (IP Law360),
- US patent counts, Q1 2008: (Patent Librarian’s Notebook),
- IPO distributes ‘urgent’ legislative alert on applicant quality submissions: (Patent Docs), (IP Updates),
- Recent decisions of the Board of Patent Appeals and Interferences confirm the need for an adequate rational to modify/combine: (Patentably Defined),
- Do patent lawyers really want to put limits on the rocket docket of East Texas? – AIPLA amicus brief in In re Volkswagon: (Techdirt),
- Mixed claim types: (Patent Prospector),
- USPTO grants in free fall: (Innovationpartners),
- Is Sun backtracking on software patents?: (Techdirt),
- Differing estimates of patent litigation costs – disparity between estimates given by End Software Patents and Bessen/Meurer: (IPcentral),
- Ocean Tomo IP auction: (IAM), (IAM),
- Written description in the predictable arts: (IP Law360),
- Fashion designers turning to patent to protect their designs (and kill the industry): (Techdirt)
US Copyright
- Attorney General Mukasey claims piracy funds terrorism: (Techdirt), (Ars Technica), (Securing Innovation),
- Rep Howard Berman on the PRO IP Bill: (Techdirt), (Ars Technica)
- Arguing over copyright while books disintegrate: Authors’ Guild v Google: (Techdirt),
- Public Knowledge slams new IP legislation (s 4108): (Public Knowledge), (Public Knowledge), (Public Knowledge),
- Judge Posner and the continuing violation doctrine: Limestone Development Corp v Village of Lemont: (Patry Copyright Blog),
- Fair use, the three-step test, and the counter-reformation: (Patry Copyright Blog),
- University of Texas at San Antonio plagiarise plagiarism code: (IPBiz),(IPBiz), (Copyfight)
- Woody Allen sues American Apparel for unauthorized use of his image in billboard and internet advertisements: (The Trademark Blog), (Counterfeit Chic),
US – Companies / Entities
- Agrizap – Panel finds KSR-based prima facie obviousness despite objective indicia of nonobviousness: Agrizap, Inc v Woodstream Corp: (Hal Wegner), (Patent Prospector), (The Fire of Genius), (IPBiz), (IP Updates), (Patently-O), (IP Law360),
- Akira Akazawa – Court remands to trial court that had dismissed a suit by patentee’s heirs on the basis of standing to interpret controlling Japanese law of inheritance to determine whether the plaintiffs – heirs to the deceased inventor – properly had title to the invention and hence standing: Akira Akazawa v Link New Tech Int’l: (Hal Wegner),
- Apple – Apple challenges NYC & Company’s trade mark application for ‘Big Apple’ logo, which morphs the symbol for infinity with the outline of an apple, a stem and a single leaf and is used to promote energy efficiency and recycling as part of New York’s GreeNYC program: (IP Down Under),
- Aristocrat Technologies Australia – Panel affirms invalidity ruling of a claim including a ‘means’ element, where the ‘means’ element was only recited in terms of a general purpose computer, without recitation of any specific means: Aristocrat Technologies Australia Pty Ltd v Int’l Game Technology: (Hal Wegner), (Patent Prospector), (Patently-O), (IP Updates), (IP Law360),
- ATC Leasing – Federal judge dismisses antitrust charges against ATC Leasing Company involving the truck-delivery market but allows claims by an equipment manufacturer alleging patent fraud and attempted monopolization of the truck-transport devices market to stand: (IP Law360),
- Belkin – Belkin wins stay in patent infringement case brought by Prokop Labs pending reexamination: (Washington State Patent Law Blog),
- Blackboard – Patent Office rejects Blackboard e-learning patent one month after it wins lawsuit: (Techdirt), (IPBiz), (Michael Geist), (ipblog.ca), (Podcast on Blackboard v Desire2Learn – EDTexasweblog.com),
- Becton Dickinson – Retractable Technologies files new suit against Becton Dickinson after USPTO issues patent that the plaintiff claims is infringed by Becton Dickinson’s retractable syringes: (IP Law360),
- Chase Medical Technologies – Chase falls slightly short in its bid for treble damages in patent infringement suit of surgical technique for repairing hearts after heart attack: (IP Law360),
- Chi Mei– LCD patent case Chi Mei Optoelectronics Corporation v LG Phillips LCD Co Ltd et al transferred to Delaware: (EDTexweblog.com), (IP Law360),
- Citicorp Credit Services – Summary judgment of copyright infringement for failure to comply with Local Rule 56.1: FM Industries, Inc v Citicorp Credit Services, Inc: (Chicago IP Litigation Blog),
- Coupons.com – Amicus brief filed pointing out numerous problems with Coupons.com claims that John Stottlemire violated DMCA anti-circumvention provisions by telling Coupon.com users how to avoid coupon copying limits by deleting certain computer files: (Techdirt),
- CSIRO – eSeis files suit against Australia’s Commonwealth Scientific and Industrial Research Organisation, claiming that geopressure detection technology disclosed in the defendant’s patent overlaps claims in its earlier patent: (IP Law360),
- DuPont – DuPont sues Cortron Corporation for infringement of its patent for flexographic printing plates: (IP Law360),
- Emstat – Emstat Advanced Geo-Location Technology launches several lawsuits against wireless industry’s largest companies, accusing AT&T Mobility, Alltel Corp, T-Mobile USA, Sprint Nextel and Verizon Wireless of infringing numerous patents covering location-based cellular phone systems and services: (IP Law360),
- Engadget – Deutsche Telekom threatens Engadget for using T-Mobile’s trade marked magenta: (Techdirt),
- Faulkner Press – Textbook publisher Faulkner Press files copyright infringement lawsuit against Class Notes (dba Einstein’s Notes), a lecture note-taking service at University of Florida: (Open Access News),
- Finjan Software – After winning $9 million jury verdict against Secure Computing Corp for alleged patent infringement, Finjan seeks more cash and an injunction against its software rival: (IP Law360),
- Gebr Tigges Gmbh & Co KG – Gebr Tigges ordered to produce more specific infringement contentions in patent case against EYS Metal Sanayi Ltd: (Washington State Patent Law Blog),
- Gibson Guitar – Gibson Guitar files patent infringement lawsuit against MTV Networks, Harmonix, and Electronic Arts, makers of Guitar Hero video games: (Patent Librarian’s Notebook),
- Grantley Patent Holdings – Texas court grants Grantley Patent Holdings’ motion for summary judgment of no inequitable conduct in a patent suit against Clear Channel Communications, labeling Clear Channel’s evidence in support of its inequitable conduct claims “scant” and “paltry”: (IP Law360),
- Gucci America – Court addresses what constitutes a ‘type’ of good under statutory damages provision of the Lanham Act in Gucci America, Inc v MyReplicaHandbag.com: (The Counterfeit Blog),
- Hotels.com – Precedential No 14: TTAB again affirms genericness of HOTELS.COM for accomodation booking information and service: (TTABlog),
- Hyundai – Hyundai loses bid to nullify $34 million patent ruling in Orion’s favour: (IP Law360),
- Kaiser Permanente – Kaiser Permanente settles infringement suit filed by inventor Ronald A Katz over patents for interactive voice applications: (IP Law360),
- Kwikset – Kwikset hits Master Lock with patent suit over rekeyable lock: (IP Law360),
- Lumenis – USPTO to reexamine Lumenis patents, putting a freeze on litigation between Lumenis and Alma Lasers over laser-based cosmetic treatment systems; Lumenis launches trade secret misappropriation action against Alma and its founders in Israel: (Securing Innovation), (IP Factor),
- Luxim – Luxim prevails in patent interference proceeding against lighting component manufacturer Ceravision: (IP Law360),
- Medtronic – Judge denies Cordis Corp.’s request to move a consolidated patent dispute filed by rival Medtronic from Texas to California: (IP Law360),
- Microsoft – Microsoft claims patent on replacing words with corporate logos: (Techdirt),
- Monroe – Judge rules that Marilyn Monroe was a New York resident at the time of her death in 1962, which could hinder her estate’s ability to license her image: (IP Law360),
- MP3Tunes – EMI brings copyright suit against MP3Tunes which lets users store digital music files in a web-based locker they can access from anywhere: (China Hearsay),
- O2 – Appeals Court vacates jury verdict, court’s final judgment of infringement and permanent injunction in O2 Micro Int’l Ltd v Beyond Innovation Tech: (IP Law360), (Hal Wegner), (Patent Prospector),
- PC Guardian – Federal court rejects attempt by PC Guardian Anti-Theft Products to bring invalidity arguments in its patent dispute with Kensington Technology Group over lock technologies for laptops: (IP Law360),
- Rembrandt – American Antitrust Institute requests FTC investigation of patent holdup conduct by Rembrandt threatening digital television conversion: (Philip Brooks), (Patent Prospector),
- RIAA – RIAA seeks dismissal of exonerated file-sharing defendant, Tanya Andersen’s complaint in her malicious prosecution lawsuit against the record labels: (Ars Technica),
- RIAA – Federal court rules that "an offer to distribute … for the purpose of further distribution" may be enough to violate a copyright owner’s distribution right : Elecktra v Barker: (Electronic Frontier Foundation), (Ars Technica), (Techdirt), (ISinIP), (Patry Copyright Blog),
- RIAA – Maine law students seek to have RIAA’s ‘John Doe’ lawsuits against 27 University of Maine students thrown out and to bar the RIAA from bringing any further ‘John Doe’ lawsuits in the future: (Ars Technica),
- RIAA – Judge quashes subpoena issued by RIAA to learn identities of four anonymous Boston University students; rules making available is not distribution: London-Sires v Does: (Ars Technica), (Electronic Frontier Foundation), (Patry Copyright Blog), (Techdirt),
- Siemens – Jury award Siemens $3.7 million in trade secrets case against Omni Energy Services: (IP Law360),
- Speedus – Judge issues claim construction favouring Alltel in its patent dispute with Speedus regarding technology for transmitting videos from cell phones: (IP Law360),
- Sun Microsystems – Sun Microsystems files another patent infringement suit against rival Network Appliance over its Zettabyte File System, claiming new storage technology acquired by NetApp in January infringes Sun patents: (IP Law360),
- SunCom – SunCom fails to get phone patent suit dismissed on grounds of lack of jurisdiction: (IP Law360),
- Terumo – Swedish medical company Maquet Cardiovascular files patent infringement complaints against Terumo before ITC and in federal court: (IP Law360),
- Tessera – ITC reverses stay in Tessera’s claims of patent infringement against Motorola, Freescale Semiconductor, Qualcomm and other DRAM suppliers: (Patent Prospector), (IPBiz), (IP Law360),
- Texas Instruments – CAFC finds Texas Instruments and Intel did not infringe processor patent of Microprocessor Enhancement Corporation: (Patent Prospector), (IP Law360), (Hal Wegner), (IPBiz),
- Time Warner – Heirs of Superman’s creator Jerome Siegel win share of copyright with Time Warner: (IP Law360), (IPKat), (Public Knowledge),
- Time Warner – Warner Music backs ISP surcharge for music-sharing: (Techdirt), (Public Knowledge), (A Copyfighter’s Musings), (Ars Technica), (Michael Geist),
- TorrentSpy – TorrentSpy site closed after court awarded default judgment to MPAA in copyright infringement case: (Ars Technica),
- TSMC North America – Antisuit injunction not available to stop litigation in China despite prior California settlement of patent dispute: TSMC North America v Semiconductor Mfg Int’l Corp: (IP Law Observer),
- UPS – UPS sues attorney Samuel Z Brown for infringing various ‘Brown’ trade marks: (IP Factor),
- 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: (IPKat), (IP Updates),
- Watts – Court strikes incomplete expert report in copyright case: Watts v Cypress Hill: (Chicago IP Litigation Blog)