IP Think Tank Global Week in Review – General Edition – Friday, 10 October 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:


Senators Specter and Leahy express concern about ACTA Treaty (Techdirt) (Intellectual Property Watch) (IP Justice) (Michael Geist) (Public Knowledge) (Intellectual Property Watch)

Commerce Department cites questionable stats, Chamber of Commerce uses them to ask Bush to sign PRO IP Bill into law (Techdirt) (Techdirt) (Public Knowledge) (IAM) (EFF) (Ars Technica)

CAFC: ‘Indefiniteness is a matter of claim construction’; inequitable conduct standard remains fluid: Praxair v ATMI (Law360) (Patently-O) (Patent Prospector) (Hal Wegner) (IP Law Observer) (Patent Docs)

New UK law on company names comes into force 1 October; first objection raised against Coke Cola Limited (Class 46) (Managing Intellectual Property) (Class 46) (Out-Law)



Global – General

3 ways to cut IP acquisition costs (IP Think Tank)

2008 inductees into the IP Hall of Fame are revealed (IAM) (IPKat)

Brand IP project advances as climate change paper shows how it can be done (IAM)

Economic crisis sends IP owners (and their lawyers) looking for protection (Intellectual Property Watch)

Intellectual Ventures and the growing IP monetisation community (IPEG)

Internal EU documents on WIPO gap analysis to be discussed at WIPO Intergovernmental Committee on IP and Genetic Resources, Traditional Knowledge and Folklore 13-17 October (Intellectual Property Watch)

Is the financial crisis taking its toll on IP monetisation? (IPEG)

Is the lesson of the last few weeks that we need IP valuation standards? (IAM)

Lost knowledge (IP Spotlight)

Nobel Prize winning physicist R B Laughlin explains how IP damages innovation (Techdirt)

US v China IP case before the World Trade Organisation – differing news on who won or lost (EXCESS COPYRIGHT) (Chinese Law Prof Blog)

WIPO Assemblies conclude (WIPO) (Intellectual Property Watch) (Intellectual Property Watch)




Global – Trade Marks / Brands


Trade mark marking strategy – R and TM disappearing? (IP Think Tank)

WIPO working group to reconsider rules on appellations of origin (Intellectual Property Watch)

Economic downturn hits trade mark filings (Managing Intellectual Property)


Global – Patents

Dynamic tools for innovation management (Securing Innovation)

Dynamic tools for invention review (Securing Innovation)

Dynamic tools for publication clearance (Securing Innovation)

Dynamic tools for trade secrets (Securing Innovation)

Eureka! Ranch royalty rate survey (IP finance)

FreePatentsOnline: a remarkable symmetry – ‘Flash of Genius’ sponsorship of Patent Plaque Program (IP finance)

Managing external patent specialists (Innovationpartners)

The first step to generating revenue from ‘patent monetisation’ is understanding what the term means (IP Asset Maximizer Blog)

Think business cannot predict the future? Patent landscape analytics may prove you wrong (IP Asset Maximizer Blog)

Why sinking markets could mean real opportunities for patent acquirers and licensees (IAM)


Global – Copyright

Copyright still viable, at least for top authors (IP finance)

Understanding the backlash cost in copying someone else’s work (Techdirt)



Designers from all OAPI (Organisation Africaine de la Propriete Intellectuelle) countries to benefit from fee reductions (Afro-IP) (WIPO)

WIPO and ARIPO sign memorandum of understanding to expand cooperation (WIPO) (Afro-IP)



Argentine Patent Office issues Resolution No. 178/08, requiring applicants of pending patent applications filed before 1 January 2008 to inform whether priority application has been granted or not (Moeller IP Advisors)

Disclaimers in Argentine trade mark practice (IP tango)



Federal government to introduce resale rights for visual artists (IPKat) (Techdirt)

Huggies wins on appeal – overlapping trade channels may lead to overturning of trade marks registration: Kimberley-Clark Worldwide, Inc v Goulimis (Australian Trade Marks Law Blog)

Scientific fraud and patents – IP Australia taking heat for issuing patent to discredited Korean scientist Dr Woo Suk Hwang (Patent Librarian’s Notebook)

Cambia, Queensland University of Technology joint project on patents – making the patent system easier to navigate (IP: KCE)



How can I proceed in an imitation and copy of trade mark in Brazil? (RelatIP)

New procedure at the Brazilian Patent Office for the application of article 32 of the Industrial Property Law (IP tango)



30 more candidates add their support for the copyright pledge (Michael Geist)

CBC on copyright pledge (Michael Geist)

Copyright pledge gains momentum – Green Party and New Democrats Party (NDP) candidates on board (Michael Geist)

Conservative Party platform on copyright (EXCESS COPYRIGHT) (Michael Geist)

Copyright in local election debates (Michael Geist) (Michael Geist) (Michael Geist)

Green Party on Canadian copyright reform (Michael Geist)

Liberal position on Bill C-61 (EXCESS COPYRIGHT)

New Democratic Party on copyright and the 2008 election (EXCESS COPYRIGHT)

Privacy Commissioner on C-61 (Michael Geist)

Royal Canadian Mounted Police (RCMP) officer criticises Canadian copyright law (Michael Geist) (EXCESS COPYRIGHT)

Second Conservative campaign ad faces claims of copyright infringement (Michael Geist)

Speeches by Chairman of Copyright Board now posted (EXCESS COPYRIGHT)

Lapse of patent rights: Marine Safety Systems Ltd v Canada (Commissioner of Patents) (ipblog.ca)

Amended Industrial Design Regulationseffective 5 October (ipblog.ca)

Apple and Victoria School of Business Technology dispute over school’s apple logo (Canadian Trademark Blog) (Techdirt)

To plagiarize, ‘research’ or ‘shade your eyes’? – accusations of plagiarism in Conservatives’ 2003 parliamentary speech (EXCESS COPYRIGHT)

Latest Olympic trade mark dust up is of anthemic proportions: VANOC’s applications to register WITH GLOWING HEARTS and DES PLUS BRILLIANTS EXPLOITS (Techdirt)



Chile joins Patent Coooperation Treaty (IP tango)



Messrs. Reid and MacKinnon’s checklist on protection of IPR in China (IP Dragon)

China/Hong Kong: WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty in effect in Hong Kong after PRC (IP Dragon)

Protect your IP rights in China (Philip Brooks’ Patent Infringement Updates)



M&M and Taloustutkimus survey of most respected brands in Finland (Class 46)



Electronic filing of trade mark applications (Class 46)



German employee inventors law: changes on the way? (IPKat)

German Federal Supreme Court (Bundesgerichtshof) guidance regarding registrability of ‘spa’ in relation to beauty care products and spa services (Class 46)



ARMAFOAM: the ECJ rules on linguistic and changes OHIM’s rules on conversion: Armacell v OHIM (CATCH US IF YOU CAN !!!)

ECJ clarifies rules relating to notice: K-Swiss Inc v OHIM (Class 46)

EU Competitiveness Council resolution against counterfeiting and piracy (Class 46)

EU states back three-point anti-piracy plan (Managing Intellectual Property)

Fuel cells and wind power lead European patent filings for clean energy technology (Green Patent Blog)

More non-minor geographical indicator (GI) amendments published (Class 46)

No sign of any Community patent progress, despite Verheugen’s optimism (IAM)

The truth about EPO grants (IAM)

Where is the evidence to support EPO examiner union’s claims? (IAM)


Hong Kong

16 copyright piracy suspects identified during Operation Torpedo in Hong Kong (IP Dragon)



India unveils National Innovation Act (Spicy IP)

National Innovation Act: part of trade secret law proposal dubbed ‘absurd’ (Managing Intellectual Property)

Agriculture and Processed Food Products Exports Promotion Agency (APEDA) empowered to register Basmati as a GI (Spicy IP)

CSIR looks to profit from patents stock (Philip Brooks’ Patent Infringement Updates) (IAM)

Delhi High Court decision in Scrabulous case: Mattel Inc v Jayant Agarwalla (Spicy IP)

Delhi High Court injects ‘transparency’ into the Indian Patent Office (Spicy IP)

Hari Puttar: Reviewing the movie and the judgment (Spicy IP)

Indian patents full text (Competitive info)

Intellectual Ventures turns its attention to India (IAM)

Patentee’s exclusionary rights determined by priority date (International Law Office)

Sound trade marks registered in India (The IP Factor)



Council of Culture gives up extension of copyright from 50 to 70 years after author’s death (Lessig Blog)

Inventor remuneration around the world (Patently-O)



Reports of extended Kosovo revalidations deadline (Class 46)



Association of Lebanese Industrialists seek protection of hummus as traditional Lebanese food in order to take action against Israeli companies claiming hummous as their own (The IP Factor) (Techdirt) (RelatIP)



Cost-free access to The Hague District Court for (John) Deers in trade mark matter (Class 46)

District Court of The Hague on the merits between Mag Instrument, Inc and Volume Trading BV (Class 46)

Fortis: quo vadis in the Netherlands? (Class 46)

No BMW and BMVV for Inter-Tyre wheels (Class 46)


New Zealand

New Zealand amends Copyright Actto allow photographers to keep rights (Managing Intellectual Property)



Complexity of proceedings: Rzeczpospolita article on battle over ‘Bracia Mis’ mark (Class 46)

Some simplified seizure stats (Class 46)


South Africa

Anne Pratt: Latest decision regarding requirement for Exchange Control Department approval in transfer or licensing of assets to foreign-based companies (IP finance)

Amendments to IP legislation to protect traditional knowledge: Have South African legislators put the horse before the cart before the horse?: (Afro-IP)

Artist Gerhard Marx brings copyright infringement case against BMW South Africa over artistic ‘trademark style’ (Afro-IP)

High Court of South Africa enjoins Long Chang from infringing Lacoste’s registered trade marks (Afro-IP)

Latest piracy raids in South Africa – counterfeit trade expanding to major shopping centres (Afro-IP)

South African company unveils electric car (Afro-IP)

FIFA trade mark survey – overview (Afro-IP)

Zakumi the FIFA World Cup 2010 mascot has been released! (Afro-IP)



End of 18 year long litigation between Nike and Cidesport over NIKE device mark inspired by famous sculpture of the Greek godess Nike (Class 46)

Recent changes to the Spanish Trade Mark Act (Class 46)


United Kingdom

Captain Beany and Selfridges trade mark dispute over ‘Credit Crunch’ for chocolate (IPKat) (Class 46)

Changes to UK Manual of Patent Practice, taking effect 1 October (IPKat)

New UK law on company names comes into force 1 October; first objection raised against Coke Cola Limited (Class 46) (Managing Intellectual Property) (Class 46) (Out-Law)

Lord Young appointed UK Minister for IP (Managing Intellectual Property) (IPKat) (The IP Factor)

The uncertain fate of Bradford and Bingley’s bowler hat trade marks (Class 46)


United States

US General

Senators Specter and Leahy express concern about ACTA Treaty (Techdirt) (Intellectual Property Watch) (IP Justice) (Michael Geist) (Public Knowledge) (Intellectual Property Watch)

ACTA and other enforcement efforts: reading between the lines (Public Knowledge)

American Chamber of Commerce to US Trade Representative: ‘Remove Taiwan from Special 301 watch list’ (IP Dragon)

CAFC Judge Alan D Lourie’s speech to the Virginia State Bar IP Section (Patent Prospector)

Five mistakes lawyers make in mediation (Law360)

Litigants cooperating? Sedona Conference says ‘yes’ (Chicago IP Litigation Blog)

Opinions of counsel: their utility as a defense (Law360)

Judicial pay cut passes Congress, pay raise dead: Where is the silent bar? (Hal Wegner)


US General – Decisions

Contessa Premium Foods wins jury verdict of almost $4.5 million against former employees and competitors including Chicken of the Sea Frozen Foods that conspired to steal trade secrets (Law360)

Court uses plaintiff’s attorney’s fees as measure for awarding defendants’ fees: Hyperquest, Inc v N’Site Solutions, Inc (Chicago IP Litigation Blog)

Lighting Science wins preliminary injunction against Koninklijke Philips Electronics in multi-court dispute over allegedly misappropriated proprietary information (Law360)


US General – Lawsuits and strategic steps

National Football League Players Association – CBS asks federal judge to declare First Amendment supercedes NFLPA’s rights to publicity of player statistics (Law360)

UniRAM – Taiwan Semiconductor Manufacturing Co and UniRAM lay down swords over trade secrets (Law360)


US Patents – Reform

Tafas v Dudas: Appellate briefs (Patent Baristas) (Patently-O) (Hal Wegner) (Patent Docs)

CAFC Judge P R Michel calls patent experts to answer higher calling and serve US government to steer patent system to better future (Intellectual Property Watch)

Destroying the patent system: How much more damage can be done? Fixing the system (Hal Wegner)

High Court rejects BPAI appointments case (Law360)

Sen Kyl’s patent reform bill revives debate (Managing Intellectual Property)

Gary Griswold, Possible PTO Successor to Jon Dudas in a new Administration (Hal Wegner)

Nominating Pauline Newman for PTO Director (PLI)

Patent Office senior officials live in, ‘commute’ to Alexandria from Honolulu, Mission Viejo, Delray Beach (Hal Wegner)

Court slaps down Patent Office’s ‘explanation’ of patent term adjustment rules: Wyeth v Dudas (Patent Baristas) (Patent Baristas)

Taking action against the new Ex Parte Appeal Rules (Patently-O) (Patent Docs)


US Patents

USPTO and JPO sign statement of enhanced mutual cooperation (Patent Docs) (RelatIP)

USPTO-EPO pilot patent prosecutions highway open (Law360) (Out-Law)

IP Australia to provide international search and examination services for certain PCT applications (Patent Docs)

Blaming AIPLA for failures of the PTO (Hal Wegner)

Chinese counterfeit chips causing military hardware crashes (IP Dragon) (Ars Technica)

Drafting ‘consisting essentially of’ claims to overcome unknown anticipatory art (Benefit of Hindsight)

Extraterritoriality (Washington State Patent Law Blog)

Flash of Genius – a movie tells the story of the landmark patent case of inventor Robert Kearns (Patent Baristas) (Techdirt) (Anticipate This!) (Patent Prospector)

Inventorship and claim scope decisions (Patently-O)

Its time for a legalTED when IBM wants a patent on no patents (The IP ADR Blog)

Knowing how the law will look at a client’s invention now and five years down the track (Law360)

Low patent allowance hurts innovation, say experts (Law360)

Manual of Patent Examining Procedure (MPEP) available online from USPTO (Hal Wegner)

Ohio Court considers new rules for patent cases (Law360)

Transmeta puts itself, LongRun technology up for sale (Patent Prospector) (Ars Technica)

Patent ownership and joint development agreements (Property, intangible)

Patents and the financial meltdown (Technological Innovation and Intellectual Property)

Prior art citations stats and analysis (Patently-O)

Professor L Dolak’s paper on inequitable conduct (Patent Prospector) (Hal Wegner)

Sample responses to Patent Office rejections and objections (Patently-O)

Sensitivity to USPTO fees (Patently-O)

The altered infringement standard for design patents: Egyptian Goddess v Swisa (Law360)

The impact of Egyptian Goddesson patent designs (Law360)

US patent classification Class Orders 1879, 1880 (Patent Librarian’s Notebook)

US patent counts, Q3 2008 (Patent Librarian’s Notebook)

Wilfulness post Seagate (Philip Brooks’ Patent Infringement Updates)

Bilski: Crossroads of Wall Street and State Street (Law360)

In re Nuijten: Are tangibility and permanence required for patentability? (Intellectual Property Law Blog)


US Patents – Decisions

Supreme Court denies certiorari in Nuijten (Hal Wegner)

CAFC gets serious about frivolous pleadings: F & G Research v Dynapoint (Taiwan) (Hal Wegner)

CAFC reverses jury infringement verdict in case relating to blood clot fragmentation method patents: John Hopkins University & Anor v Datascope Corporation (Hal Wegner) (Law360) (Patent Prospector)

CAFC: Anticipation not ‘the epitome of obviousness’; 5 year delay in issuing opinion does not warrant reassignment of case on remand: Cohesive Technologies v Waters (IP Updates) (IP Law Observer) (Law360) (Hal Wegner)

CAFC: Bad English in the patent procurement process: Predicate Logic, Inc. v. Distributive Software, LLC (Hal Wegner)

CAFC: Erroneous revival by PTO is not a cognisable defence in an infringement action: Aristocrat Technologies Australia v International Game Technologies (Daily Dose of IP)

CAFC: ‘Indefiniteness is a matter of claim construction’; inequitable conduct standard remains fluid: Praxair v ATMI (Law360) (Patently-O) (Patent Prospector) (Hal Wegner) (IP Law Observer) (Patent Docs)

CAFC: ‘Point of novelty’ design test thrown out; the value of amicus briefs: Egyptian Goddess, Inc v Swisa, Inc (Counterfeit Chic)

CAFC: Remand of Uniloc patent suit against Microsoft stands (Law360)

CAFC: Shaping nuanced patent injunctions; opinions of counsel relevant to determining whether defendant had intent to induce patent infringement: Broadcom v Qualcomm (Patently-O) (IP Spotlight)

CAFC: Volkwagon loses bid to void orders that pared down its countersuit in patent feud with Texas patent- holding company (Law360)

Contact lens patent at centre of dispute between CIBA Vision Corp and Rembrandt Vision Technologies found to be invalid for obviousness after re-examination (Law360)

Court rejects inequitable conduct defense in Rembrandt v CIBA (EDTexweblog.com) (Law360)

Board reviews prior art for obviousness, finds anticipation: Ex parte Spriesterbach (Benefit of Hindsight)

CAFC affirms that Lucent’s $1.5B patent victory is gone: Lucent v Gateway, Dell, & Microsoft (Ars Technica)

Court upholds patent judgment in favour of Amkor Technology in declaratory judgment case against Motorola over semiconductor patents (Law360)

Direction and control of suppliers sufficient for direct infringement: Rowe International Corporation v Ecast, Inc (Chicago IP Litigation Blog)

Dormant infringement accusation creates declaratory jurisdiction: Tuthill Corp v ArvinMeritor, Inc (Chicago IP Litigation Blog)

Every Penny Counts wins partial victory in patent lawsuit against Bank of America Corp over bank’s Keep the Change program (Law360)

Federal Circuit affirms $46 million default judgement against Bodog:1st Technology v Rational Ent. (Patently-O)

Federal Circuit clarified the law of design patents in Egyptian Goddess, Inc. v. Swisa, Inc. (Intellectual Property Law Blog)

Federal Court rules four patents-in-suit enforceable in Power Integrations v Fairchild Semiconductor International (Law360)

Federal district court in Georgia finds no personal jurisdiction for patent case against Sprint Nextel: Datascape v Sprint Nextel (Patently-O)

Federal judge denies Advanced Cardiovascular Systems’ permanent injunction bid in patent dispute with Medtronics over drug-eluting stent patents (Law360)

Federal judge hands down victories to Accenture Global Service and Guidewire Software in dispute over patent for insurance claims processing and allegations of anti-competitive behaviour (Law360)

Federal judge rules Intel chips don’t infringe Computer Cache Coherency Corp’s interface circuit patent (Law360)

Infringement found because defendant did not affirmatively plead noninfringement: Para Gear Equip.v Square One Parachute, Inc (Chicago IP Litigation Blog)

Intel wins partial summary judgment in patent case related to optoelectronic technology (Law360)

Johnson & Johnson unit wins $1.2 billion final judgment against Boston Scientific and Medtronic in balloon stent technology battle; Supreme Court won’t hear appeal (Law360) (Law360)

Jury awards Siemens unit $52 million in damages following finding that Cie de Saint-Gobain infringed patent covering medical imaging technology (Law360)

Jury finds no infringement and partial invalidity of Candela’s patent relating to laser and pulsed-light skin treatment in suit against Palomar (Philip Brooks’ Patent Infringement Updates) (Law360)

Laches and equitable estoppel: Troxler Electronic Labs v Pine Instrument (Patently-O)

Medtronic and its counsel McDermott Will & Emery ordered to pay $4.4 million in legal fees as punishment over allegedly meritless patent suit against BrainLAB (Law360)

Motorola – Motorola, Zoltar settle patent spat over ‘E-911’ system (Law360)

Patent unenforceable, plaintiff and counsel hit with fees: Advanced Magnetic v Romag Fasteners (PATracer)

Philips Electronics can’t overturn interference ruling in dispute with Cardiac Science over defibrillator methods patent (Washington State Patent Law Blog) (Law360)

Verizon’s claims largely unsuccessful in VoIP patent dispute with Cox Communications (Law360) (Managing Intellectual Property)

Federal Trade Commission (FTC) takes aim at opportunistic patent holders in standard-setting context: FTC action against Negotiated Data Solutions (N-Data) (International Law Office)


US Patents – Lawsuits and strategic steps

3M – 3M sues Broadband Products over connector patents (Law360)

Acacia Research Corp – Adobe Systems sues Acacia asking for declaratory judgment of noninfringement related to patent for digital halftoning (Law360)

Apple – WiAV Solutions sues RIM, Apple over 10 patents for various cell phone technologies (Law360)

Aristocrat – IGT petitions for en bancrehearing, asking court to allow invalidity defense for ‘improper trial’: Aristocrat v IGT (Hal Wegner) (Patently-O)

Becton Dickinson & Co – Federal judge largely denies Retractable Technologies bid to invalidate Becton Dickinson’s patent for safety syringe but refuses to dismiss one of Retractable’s inequitable conduct claims (Law360)

CDW – CDW settles claims against D&H Distributing Co in patent battle over electronic display screens (Law360)

Clear With Computers – Fry’s Electronics to be dismissed from Clear With Computers’ online sales method patent suit (Law360)

Clear With Computers – Sprint Nextel latest to settle online sales methods patent suit with Clear With Computers (Law360)

DISH – Out of options, DISH finally pays TiVo $104 million patent infringement judgment (Law360) (Ars Technica) (Patent Prospector)

DTS – Zoron sues Blu-ray technology licensor for violations of the Sherman Actand patent misuse (Law360)

Egyptian Goddess – Suggestion for further hearing en bancfiled in Egyptian Goddess (Hal Wegner)

Eon Corp IP Holdings – Eon sues nearly 20 companies including HomMed, SkyTel and Brink’s Home Security for alleged infringement of patents relating to two-way communication network (Law360)

Groundwater & Environmental Services – Inventor W B Kerfoot PhD sues GES over soil and groundwater remediation patents (Law360)

Intel – Intel files suit seeking declaratory judgment that it has not infringed 18 Wi-LAN patents for wireless technology (Law360)

Intellectual Capital Holdings – ICH sues graphics card makers BFG Technologies, EVGA Corp, Diamond Multimedia Systems, PNY Technologies and Eastcom over patent for electronics cooling component (Law360)

International Printer Corp – Acacia Research Corp unit IPC settles with Hewlett-Packard , Brother International Corp in patent suit related to networkable multifunction printer technology (Law360)

Iovate Health Sciences Research – Iovate settles nutritional supplement patent suit about a month after securing landmark decision that allowed for different royalty rates for infringement of the same patent (Law360)

Kraft Foods – Kraft and Nifty Home Products settle patent claims over coffee pod carousel (Law360)

Landmark Technology – Landmark files patent suit over online sales against retailers including Canon USA, Walgreen Kohl’s Corp and others (Law360)

Microsoft – MedioStream sues Microsoft over multimedia patents (Law360)

National Football League – Front Row Technologies sues NFL, Sprint Nextel and DirecTV over two patents for broadcasting events to hand-held devices within a venue (Law360)

Nippon Telegraph – Nippon offers $30 million to end battery patent suit brought by University of Texas and Hydro-Quebec (Law360)

Oracle – Financial Systems Technology files patent infringement suit over Oracle’s database management system (Law360)

Osteotech – Court bars presuit damages in bone-cleaning patent case against Regeneration Technologies (Law360)

Philips – Suits multiply in Philips, Lighting Science LED spat (Law360)

Qualcomm – Broadcom accuses Qualcomm of ‘over-asserting’ its patent rights in double-recovery scheme and violating recent Supreme Court ruling in new lawsuit (Law360)

Quest Communications International – C2 Communications Technologies enters into settlement agreement with three defendants including Quest in VoIP patent battle (Law360)

Quest Software – Quest, BBS Technologies settle patent fight (Law360)

Rembrandt Data Technologies – Rembrandt sues AOL, Cavalier Telephone, The Brinks Company, ADT Security Services, DirecTV and others over alleged infringement of patent related to dial-up modem technology (Law360)

Saint-Gobain Performance Plastics – Saint-Gobain and W L Gore & Associates settle dispute over patents for tubing and connector technology (Law360)

Siig – Aerielle Technologies sues rival Siig for alleged infringement of patents relating to accessories for portable audio players (Law360)

Skullcandy – Skullcandy moves to settle its lawsuit against Audiovox over patent for integrator that allows user to use music player and mobile telephone through one set of headphones (Law360)

Sony – Sony, Litepanels settle patent infringement dispute over camera-mounted LED lighting technology (Green Patent Blog)

StarTech.com USA – Video Products sues StarTech for allegedly infringing patent related to keyboard, video, mouse peripheral switch (Law360)

Warner Brothers Home Entertainment – Warner Bros files patent infringement suit against Digiview Productions over technology that allows publishers to include more than one language version of a movie on a single disc (Law360)

Widevine – Widevine successfully opposes transfer motion; congestion in ED of Texas cited: Widevine v Verimatrix (Washington State Patent Law Blog)

Ze-Gen – Venture capitalists targeted in gasification patent suit: Quantum Catalytics, LLC & Anor v Ze-Gen, Inc & Ors(Green Patent Blog)


US Copyright

US Congress hastens through flurry of IP legislation before departure (Intellectual Property Watch)

Commerce Department cites questionable stats, Chamber of Commerce uses them to ask Bush to sign PRO IP Bill into law (Techdirt) (Techdirt) (Public Knowledge) (IAM) (EFF) (Ars Technica)

Congressional hyperbole used to urge Bush to accept ‘copyright czar’ (Techdirt)

House of Representatives passes Prioritizing Resources and Organisation for Intellectual Property Act (PRO IP Act) (Seattle Trademark Lawyer) (Techdirt) (Hal Wegner)

Senate passes Prioritizing Resources and Organisation for Intellectual Property Act (PRO IP Act) (Law360) (The Gray Blog) (IP Menu News)

Department of Justice letter to Senators Specter and Leahy on Enforcement of Intellectual Property Right Act of 2008: don’t make us be Big Content’s copyright cops (The Counterfeit Blog)

Ebay draws ‘public good’ into copyright world (Law360)

6th annual works in progress intellectual property colloquium at Tulane (Rebecca Tushnet’s 43(B)log) (Rebecca Tushnet’s 43(B)log) (Rebecca Tushnet’s 43(B)log) (Rebecca Tushnet’s 43(B)log) (Rebecca Tushnet’s 43(B)log) (Rebecca Tushnet’s 43(B)log)

A lesson in the failures of ‘fair use’ (Lessig Blog)

Are patent drawings public domain? (The Invent Blog)

Copyright Review Board implements royalty fee for ringtones (Law360)

House lets orphan works legislation die (Public Knowledge) (Techdirt) (Ars Technica)

Musician’s form their own lobbying/bargaining group Featured Artists’ Coalition (Techdirt) (IPKat)

Presidential candidates show support for ‘open debates’ (Lessig Blog) (Creative Commons) (Lessig Blog)

Sabine Dresses – stealing bridal gown designs (Counterfeit Chic)


US Copyright – Decisions

Famous Grant Park Wildflower Works both scuplture and painting but not protected by copyright or VARA: Kelley v Chicago Park District (Chicago IP Litigation Blog)

Licensing a work, and when licensing doesn’t work: Reuters v GMU (Technology & Marketing Law Blog)

Two recent decisions reframe the DMCA discussion: Io Group, Inc v Veoh Networks, Inc and Lenz v Universal Music Corp (Intellectual Property Law Blog)


US Copyright – Lawsuits and strategic steps

Apple – Apple files motion to dismiss Psystar’s countersuit ‘with prejudice’ in copyright and trade mark dispute over Psystar’s Open Computer Mac ‘clone’ (Ars Technica)

Echostar – Court blocks Echostar’s effort to subpoena Coolsat customer data in DMCA case (Ars Technica)

Motion Picture Licensing Company – Hollywood targets Irish pre-schools with royalty demands (Michael Geist)


US Trademarks

Indian Arts and Crafts Act: Little-known statute can create staggering liability (Law360)

USA ratifies Singapore Treaty (WIPO) (IPKat)

USPTO launches trade mark ‘consistency initiative’ (Seattle Trademark Lawyer) (Daily Dose of IP)

USPTO warns customers regarding unsolicited third-party communications (Daily Dose of IP)


US Trademarks – Decisions

Mark can be counterfeit even when the genuine mark is not used on same goods: US v Able Time, Inc (Seattle Trademark Lawyer) (Law360)

Ninth Circuit affirms fees award in counterfeit jeans case: D.A.D.S. Denim v Ramirez (Seattle Trademark Lawyer)

Resale confusion?; expanded concept of direct trade mark liability: Hyundai Construction Equipment USA, Inc v Chris Johnson Equipment, Inc (Rebecca Tushnet’s 43(B)log)

Trade mark plaintiff entitled to all defendants’ revenue: WMS Gaming, Inc v WPC Gaming Products Ltd (Chicago IP Litigation Blog)

‘This appeal of a dismissed trade mark suit involves no trade mark law’; trademark-as-asset defeats trademark- as-symbol: Guaranty Residential Lending, Inc v Homestead Mortgage Co (Property, intangible)

TTAB administers 2(e)(4) kiss of death to SIMMONS COMICS GROUP for comic books: In re Gene Simmons Comics Group(non precedential) (The TTABlog)

TTAB pulls plug on ELECTRIC for watches, affirms 2(e)(1) mere descriptiveness refusal: In re Electric Visual Evolution(non precedential) (The TTABlog)

TTAB reverses functionality refusal of shape of traffic signal bracket, but affirms nondistinctiveness refusal: In re Pelco Products, Inc(non precedential) (The TTABlog)

TTAB reverses mere descriptiveness refusal of MASTER PLUMBER for plumbing products: In re True Value Company(non precedential) (The TTABlog)

TTAB rules that SHINNECOCK marks for cigarettes suggest false connection with the Shinnecock Indian Nation: In re Shinnecock Smoke Shop(non precedential) (The TTABlog)


US Trademarks – Lawsuits and strategic steps

Adidas – Adidas files lawsuit accusing Target of selling shoes that infringe its three-stripe mark (Law360) (The Trademark Blog)

Asics – Asics sues Dolce & Gabbana over shoes bearing stripe design similar to Asic’s athletic shoes (Law360)

Friendly Family Productions – ‘Little House on the Prairie’ producer FFP sues tiny Kansas museum over use of the series name on merchandise (Law360)

Labnet – Labnet sues BrictsonCohn for infringing association’s ‘Worklaw’ trade mark (Law360)

MGA – Mattel seeks permanent injunction prohibiting MGA from selling Bratz dolls and using Bratz name and trade marks (Property, intangible)

Schering-Plough Healthcare Products – Fruit of the Earth settles Coppertone sunscreen trade dress dispute (Law360)

Starbucks – Starbucks decides not to protest the logo of the Rat City Roller Girls (Patent Baristas)

Suntech Power – Suntech accuses rival Shenzhen Xintian Solar Technology of trade mark infringement, asks court to nix expo booth (Green Patent Blog)

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