IP Think Tank Global Week in Review, General Edition – Friday, 7 November 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.

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Highlights this week included:

What will the Obama Presidency mean for intellectual property in the US and internationally? (IP Spotlight) (Excess copyright) (Patent Docs) (Spicy IP) (IAM) (Patent Baristas) (Intellectual Property Watch)

CAFC greatly limits software and business method patents: In re Bilksi (IP Law Observer) (Chicago IP Litigation Blog) (IP Spotlight) (The Prior Art) (Patent Baristas) (EFF) (Patent Prospector) (Technological Innovation and Intellectual Property) (Philip Brooks’ Patent Infringement Updates) (Maryland Intellectual Property Law Blog) (IP Updates) (Daily Dose of IP) (PLI) (Green Patent Blog) (IAM) (Law360) (Patent Prospector) (Patent Prospector) (Patent Prospector) (Patently-O) (Washington State Patent Law Blog) (Peter Zura’s 271 Patent Blog) (Intellectual Property Directions) (Out-Law) (Technology Transfer Tactics)

EPO, JPO, USPTO, SIPO and KIPO agree on work sharing initiative (IAM) (Patent Librarian’s Notebook) (Managing Intellectual Property) (IPR-Helpdesk)



Global – General

What will the Obama Presidency mean for intellectual property in the US and internationally? (IP Spotlight) (Excess copyright) (Patent Docs) (Spicy IP) (IAM) (Patent Baristas) (Intellectual Property Watch)

Who will advise Obama on IP? Let the names begin (Intellectual Property Watch)

EPO, JPO, USPTO, SIPO and KIPO agree on work sharing initiative (IAM) (Patent Librarian’s Notebook) (Managing Intellectual Property) (IPR-Helpdesk)

Union for the Protection of New Varieties of Plants future work to include global policy challenges (Intellectual Property Watch)

End of life for IP (Securing Innovation)

Royalty monetization: high-profile deals generate excitement among TTOs (Technology Transfer Tactics)

Indentifying valuable intellectual property in bankruptcy (IP Frontline)

If your company is not capturing IP-related tax savings you are likely leaving significant money on the table (IP Asset Maximiser Blog)


Global – Patents

Ocean Tomo auction raises over $12.8M; cautious buyers exercise restraint (IAM) (IP Frontline) (IP finance)

NASA patent sold at Ocean Tome Fall auction (Managing Intellectual Property)

TIME’s top innovations of 2008 (Securing Innovation)

WIPO PCT survey (IP Updates)


Global – Trade marks / Brands

YouGovPolimetrix survey shows economic downturn impacts how consumers perceive brand value (IP finance)

Ceremony marks 50th anniversary of Lisbon Agreement (WIPO)


Global – Copyright

Participants ready agendas for new-look WIPO Copyright Committee (Intellectual Property Watch)

WIPO Standing Committee on Copyright and Related Rights meeting in Geneva 3-7 November (EXCESS COPYRIGHT)

Gwen Stefani and baby Zuma pic online under CC license (Creative Commons) (Lessig Blog)



Forget Economic Partnership Agreements (EPAs), go for Generalised System of Preferences-Plus, activists say (Afro-IP)



East Asian patent database searching (I/P Updates)



Bilski’s relevance to Australia – ACIP Review (Part II) (IPRoo)

Full Federal Court gives pro-patent verdict: Austal Ships Sales Pty Ltd v Stena Rederi Aktiebolag (IP Down Under)

High Court decision on ‘contributory infringement’ under Patents Act: Northern Territory v Collins (IP Down Under)

IP Australia now competent International Search Authority for PCT applications received by USPTO (Patent Docs) (Patent Prospector) (Daily Dose of IP)



EC and WIPO launch project for modernisation of IP system in Bangladesh (WIPO)



Benelux Office for Intellectual Property refreshment guidelines on refusal of trademarks on absolute grounds (Class 46)



Government keeps ACTA consultation results under wraps (Techdirt)

Canadian wish list for secret ACTA treaty long, varied (Ars Technica)

Team Canada may not be able to use iconic Maple Leaf logo of Hockey Canada on its uniforms for 2010 Vancouver Olympics (Canadian Trademark Blog)

CNIB pressures Canadian government on WIPO treaty for reading disabled (Michael Geist)



Another Chinese bank begins to offer IP loans (IAM)

China’s judiciary improves IPR protection (Philip Brooks’ Patent Infringement Updates)

How to forum shop in China (Managing Intellectual Property)



Copenhagen Maritime and Commercial Court finds Dansk Supermarked/Netto infringed Puma’s sport shoe motif (Class 46)



European group tries to get Anti-Counterfeiting Treaty (ACTA) documents (Ars Technica) (IP Justice)

European Commission launches new geographical indications databases and enquiry on quality products policy (IPR-Helpdesk)

EC cancels protected geographical indication (PGI) status of ‘Arroz del Delta del Ebro’ (Class 46)

‘Fast track’ EU design registration (IP Updates)

ECJ decision in dilution case Intel v CPM due 27 November (IPKat)



Federal Supreme Court (Bundesgerichtshof) guidance on distinctiveness of a surname: Hansen-Bau (Class 46)

Henkel to reduce its trade mark portfolio (Class 46)



Professor Sarnoff warns India about the doctrine of equivalents (Spicy IP)

Honest concurrent use dispels interim injunction (International Law Office)

Patenting software and business methods in India (Spicy IP)

Indian ‘Bayh Dole’ Bill clears Cabinet: but still remains a secret (Spicy IP)

Revisiting the CSE-Mint copyright controversy (Spicy IP)

Delhi High Court on ‘originality’ and ‘fair dealing’: The Chancellor Masters and Scholars of the University of Oxford v Narendra Publishing House & Ors (Spicy IP)



Supreme Court finds no likelihood of confusion in dispute between Lindt Sprüngli and TERRAVITA over chocolate Easter bunnies (Class 46)



More time given for revalidation of Serbian IP rights (Class 46)


South Africa

Semper aliquid novus! Political flurries and potential trade mark wars (Afro-IP)

House arrest for DVD pirate (Afro-IP)



Government to publish ‘Manual of Best Practices in the Prosecution of Infringing Activities’ (Class 46)



Trade marks database to be accessible free of charge (Class 46)


United Arab Emirates

Limitations on trademark protection (International Law Office)


United Kingdom

Financing creative businesses (IP finance)

UK patent litigation and the Burdon plan (IPKat)

Localised acquired distinctiveness: In the matter of application no 2409366 in the name of Hull Daily Mail Publications Limited (IPKat)


United States

US General

Federal Trade Commission plans December hearing on how changes in IP are impacting innovation, competition and consumer welfare (Law360)


US General – Decisions

CAFC allows former Technology Partners Inc employee to work for rival in trade secret misappropriation case (Law360)

PAI Corp wins $2.1M jury verdict in lawsuit alleging one of its subcontractors, Integrated Science Solutions, misappropriated trade secrets (Law360)


US General – Lawsuits

Arrowhealth Medical Supply – Arrowhealth files trade secret lawsuit accusing three former employees of persuading former colleagues to work for Providacare Medical Supply (Law360)

Association of Pottery Craftsmen of La Rambla – Association of ceramic craftsmen from La Rambla, Spain sue two American distributors to protect native pottery design (Law360)

IBM – IBM sues senior executive who wants to work for Apple alleging breach of noncompetition agreement (Law360)

Invista – Invista’s trade secrets case against DuPont and Rhodia over nylon-making process gets tossed (Law360)


US Patents – Reform

Post-election patent analysis, what will happen next (Hal Wegner) (Patent Baristas) (Law360)

BPAI appointments clause argument waived: In re DBC (Patently-O) (Hal Wegner) (Law360)

Final brief filed in Tafas v Dudas (Managing Intellectual Property)


US Patents

Bilski moves US closer to global norms for patenting (Intellectual Property Watch)

Ocean Tomo sends circular to calm nerves over Bilski decision (IP finance)

Patenting tax strategies under Bilski (Patently-O)

How to draft software claims under Bilski (Patently-O)

Bilski: Adding obvious but meaningful limitations (Patently-O)

Gardner: Patent Bar should use its high priced skills to overcome Bilski et al (Patently-O)

Bilski leading to filing of reissue applications (PLI)

The ‘ordinary observer’ test post-mummification: Egyptian Goddess v Swisa (Law360)

US patent litigation tactics: Upaid v Satyam (Spicy IP)

Department of Justice clears RFID patent licensing group (IP Updates)

PTO seeks comments regarding maintenance fees notice (Patent Docs)

Section 337: what every Chinese company should know (Law360)

USPTO resumes onsite patent examiner interviews and holds job fair (Just an Examiner)

Judge Plager on claim construction (Hal Wegner)

Danish Patent Office to join Patent Prosecution Highway (Law360)

Australia an international search authority for US-filed PCT applications, effective 1 November (IP Updates)

Junk patents – Haliburton’s patent application claiming method of ‘patent acquisition and assertion by a (non-inventor) first party against a second party’ in light of Bilksi (Patently-O)

Obligation to point out the inventor and invention dates of each claim not commonly owned (Patently-O)

‘Patentees continue to suffer needlessly from self-inflicted wounds’ Judge Richard Linn of the CAFC told practitioners last week (Managing Intellectual Property)


US Patents – Decisions

CAFC affirms judgment of noninfringement where patentee included unnecessary limitation in its claims: Amazin’ Raisins Int’l, Inc v Ocean Spray Cranberries (Hal Wegner) (Patent Prospector) (Law360)

CAFC affirms jury verdict finding that Arthrex did not infringe a Johnson & Johnson subsidiary’s suture patent (Law360)

CAFC greatly limits software and business method patents: In re Bilksi (IP Law Observer) (Chicago IP Litigation Blog) (IP Spotlight) (The Prior Art) (Patent Baristas) (EFF) (Patent Prospector) (Technological Innovation and Intellectual Property) (Philip Brooks’ Patent Infringement Updates) (Maryland Intellectual Property Law Blog) (IP Updates) (Daily Dose of IP) (PLI) (Green Patent Blog) (IAM) (Law360) (Patent Prospector) (Patent Prospector) (Patent Prospector) (Patently-O) (Washington State Patent Law Blog) (Peter Zura’s 271 Patent Blog) (Intellectual Property Directions) (Out-Law) (Technology Transfer Tactics)

Federal judge grants Everyready Battery Co injunction in patent dispute over Spectrum’s Rayovac brand lithium batteries (Law360)

Jury finds infringement but split on wilfulness in Ariba v Emptoris (EDTexweblog.com)

Federal Judge orders Enterasys Networks to stop selling routers found to infringe patents of Extreme Networks (Law360)

Federal Judge rules three patents belonging to American Calcar are invalid because Calcar deceived PTO during prosecution(Law360)

District Court: Patent complaint need not identify specific products: Edge Capture v Lehman Bros Holdings (Chicago Intellectual Property Law Blog)

ITC upholds dismissal of patent case filed by Flexsys against Korea Kumho Petrochemical over antigradant chemicals for rubber products (Law360)


US Patents – Lawsuits and strategic steps

3M Co – 3M, Illinois Tool Works settle patent infringement dispute over 3M patent covering spray paint products (Law360)

Adventus Americas – Adventus and another environmental remediation company assert several patents against AST Environmental and Calgon Carbon Corp in dispute over groundwater decontamination technology (Law360)

Cablevision Systems – VTran’s patent suit against Cablevision survives instant motion after Cablevision argued VTran had failed to establish ownership (Law360)

California Institute of Technology (Caltech) – Caltech sues camera giants including Panasonic, Sony Electronics and Canon for selling cameras and camcorders that allegedly infringe several Caltech patents relating to imaging technology (Technology Transfer Tactics)

Energy Products of Idaho – Idaho District Court dismisses declaratory judgment case brought by EPI against Harris Contracting, Alliant Energy and Von Roll for lack of personal jurisdiction (Green Patent Blog)

Hart InterCivic – Hart files patent infringement suit against Avante over voting machines (Law360)

Kraft Foods Global – Procter & Gamble adds patent for fast-roasted coffee to its ongoing infringement dispute with Kraft over plastic coffee containers (Law360)

McKenzie Wheel – On sale bar case Lack Indus. v McKenzie Wheel oral argument to be heard 6 November (summary of arguments from both parties) (PATracer)

Media Digital – Media Digital files patent infringement suit against four major smartphone manufacturers including Nokia and Palm (Law360)

Quan Emerteq – Quan Emerteq appeals from jury verdict finding Pressure Products’ patent valid and infringed (PATracer)

Research In Motion (RIM) – Mformation sues RIM over two patents relating to remote management of wireless device (Techdirt)

Saint-Gobain Performance Plastics – Saint-Gobain, NewAge Industries settle patent suit over tubing and connector technology (Law360)

Sky Tech – CAFC to hear appeal of lower court order determining that security interest default and foreclosure sale transfers title to secured patent even in absence of written agreement: Sky Tech v SAP (PATracer)

Star Scientific – R J Reynolds will ask Supreme Court to intercede in patent suit over toxin-reducing method of curing tobacco, after CAFC breathed new life into Star case in August and denied Reynolds bid for rehearing in October (Law360)

Sun Microsystems – Biax, Sun settle dispute over server patents (Law360)

Transocean Offshore Deepwater Drilling – Transocean sues again claiming drillships built by Stena Drilling infringe numerous patents related to oil well exploration (Law360)

Vantage Trailers – False patent marking and trade mark case between Vantage and Beall to continue (Rebecca Tushnet’s 43(B)log)


US Copyright – Decisions

Application as registration: CHM Industries v Structural & Steel Products, Inc (Property, intangible)


US Trademarks

The Obama trade mark surge (ipblog.ca), (Daily Dose of IP)


US Trademarks – Decisions

District Court denies summary judgment on the absence of dilution and noninfringement: Levi Strauss & Co. v. Abercrombie & Fitch Trading Co (Property, intangible)

TTAB finds TICK, TICK… BOOM to be the title of a single work, affirms refusal to register: In re Skeeziks, LLC (non precedential) (The TTABlog)

TTAB finds IS YOUR MORTGAGE CONTRIBUTING TO YOUR WEALTH? fails to function as a service mark: In re Capital Financial Advisors Inc (non precedential) (The TTABlog)

TTAB finds BOMBJAMMER generic for ‘instruments comprised of transmitters and other electronic devices for use as countermeasures against radio-linked explosives’: In re Homeland Security, Inc (non precedential) (The TTABlog)

Webpage specimen for ONE NATION UNDER GOD charity bracelets fails to pass TTAB muster: In re Sones (non precedential)


US Trademarks – Lawsuits and strategic steps

Exxon Mobile – sues X On Wireless for trade mark infringement (Seattle Trademark Lawyer)

Hershey Company – Hershey sues Art Van Furniture alleging trade dress infringement (Techdirt)

Spin Master – AQUA DOTS rebranded to PIXOS following a recall of the children’s toys due to being found to be tainted with substance similar to the drug GHB (The Trademark Blog)




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