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General Global Week in Review 16 Nov 2011 from IP Think Tank

Marie Louise — Wed, 16 Nov 2011 09:24:58 +0000

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

Highlights this week included:

Danish court upholds customs seizure of single fake watch following online purchase (Class 46) (IPKat) (Innovationpartners)

After-the-event design registration won’t spare defendant from infringement claim, says AG: Case C‑488/10 Celaya Emparanza y Galdos Internacional SA v Proyectos Integrales de Balizamientos SL (IPKat) (Class 99)

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.

Global

Global – General

IAM’s IP Hall of Fame – time to lodge your nominations for 2012 inductees (IP Think Tank)

WIPO report shows growing demand for IP changes face of innovation (WIPO)

Annual licensing and royalty revenues now total $180 billion, says new WIPO report (IAM)

Katonomics 1: An Economic Perspective on IP: The Social Contract Theory of IP (IPKat)

Strategy of being lucky vs. Strategy is everything (Ocean Tomo Insights)

The US, Japan and France dominate new listing of the world’s most innovative companies (IAM)

Global – Trade Marks / Brands

Katonomics 2: An Economic Perspective of IP: The Economics of Trade Marks (IPKat)

How much is a sports sponsorship really worth? (IP finance)

Global – Copyright

Creative Commons at WIPO (Creative Commons)

Past historic 3: Copyright infringement and the tale of St Columba (IPKat)

Africa

Top 5: African Nations for PCT Applications (Patent Quality Matters)

Australia

Herman Miller and Matt Blatt settle dispute in relation to Blatt’s sales of replica Eames furniture on confidential terms (IP Whiteboard)

IP Australia seeking ‘the next Albert Einstein’ (Patentology)

APO: ‘Stolen’ invention restored to rightful owner: Laurence Clifford Scott v Icon Plastics Pty Ltd (Patentology)

Brazil

Is here is here! well, almost — the World Cup 2014 Law (IP tango)

Skip the queue, be green! (IP tango)

Discussing the legal framework of IP: an overprotection? (IP tango)

Developing IP ecomonies: Brazil (Patent Quality Matters)

Chile

Industrial Property Law bill is in its second stage (IP tango)

China

2 IP Strategy events in China in the next 2 weeks (IP Think Tank) (IP Dragon)

USPTO and SINO to launch Patent Prosecution Highway Pilot (Foreign Filing Blog)

U.S. military bemoans its China counterfeit problem (China Hearsay)

Key considerations for patent strategies in China (China Law Insight)

The two things you must know when choosing your China brand name (China Law Blog)

How to write a China (CIETAC/BAC) arbitration clause (China Law Blog)

Monday myth busting: IP edition (IP Dragon)

Hu in Honolulu: Reform into open green innovative economy (IP Dragon)

Is American Superconductor fighting Chinese windmills? – American Superconductor sues former customer Sinovel Wind Group (IP Dragon)

Denmark

Danish court upholds customs seizure of single fake watch following online purchase (Class 46) (IPKat) (Innovationpartners)

Europe

A monopoly on patents? Why the location of the Unified Patent Court is an issue (IPKat)

What the European IP world can learn from the Euro crisis (Kluwer Patent Blog)

ECJ rules on validity and infringement test under European design law: PepsiCo v OHIM – Grupo Promer (IPEG)

OHIM will apply 10th edition of the Nice Classification (Class 46)

TDI goes to the Court of Justice: Case C-467/11 P (Class 46)

Freedom of interpretation by General Court: Esprit v OHIM, Marc O’Polo (Class 46)

General Court upholds finding of likelihood of confusion between COR and CADENACOR in Cor v OHIM, El Corte Ingles (Class 46)

General Court finds likelihood of confusion between AYUURI NATURAL and AYUUR for identical or similar goods (Class 46)

Beans, liquorice join list of protected designations (Class 46)

Finland

English becomes patenting language in Finland (IPR Helpdesk)

Germany

Germany switches to the 10th edition of the Nice classification as well … (Class 46)

Should I stay or should I go? – synchronising procedures in Germany’s double-tracked patent litigation (PatLit)

Variations of a ‘variable colour’ mark (Class 46)

Improvement of legal protection in Germany (Kluwer Patent Blog)

Ghana

A to Z of African official IP websites no.22: Ghana (Afro-IP)

Iceland

IP enforcement in Iceland (Foreign Filing Blog)

India

Some thoughts on the DIPP discussion paper concerning reforming organisational structure of the PTO (Spicy IP)

Pages from history: Ambassador Sen’s contributions to the debate on India’s new patent law in the year 2005 (Spicy IP)

Indonesia

A trademark dispute with the Trademarks Office (IP Komodo)

Israel

In Israel trademarks, should the list of goods in English prevail? (The IP Factor)

Can one have IP rights such as copyright in a syllabus? (The IP Factor)

Korea

KIPO green tech fast track inaccessible for most applicants (Green Patent Blog)

Netherlands

District Court of The Hague finds no infringement: Verachtert v Flex-I-Trans (EPLAW)

Peru

Learning how to exploit your GI product (IP tango)

Poland

Freedom of speech and property rights – ALLEGRO vs STOP ALLEGRO (Class 46)

When Biển Đông means something – foreign language trademarks (Class 46)

South Africa

Latest passing off decision:Eastern Cape High Court hands down judgment in braai salt case Swartkops See Salt v Cerebos (Afro-IP) (Afro-IP)

Sweden

Supreme Court guidance on damages calculation: Lely v DeLaval (Kluwer Patent Blog)

United Kingdom

Collection Societies – does the UK – or elsewhere – need minimum standards? (1709 Copyright Blog)

Small claims, big gains: a welcome reform for UK IP litigation – small claims service to be introduced at the Patents County Court (IPKat)

Cadbury mostly defends trade mark rights over purple shaded chocolate packaging (Out-Law)

EWCA (Civ): Costs in discontinued proceedings – Earth Closet orders are flushed away: Fresenius Kabi & Ors v Carefusion (PatLit)

The Fox, the Fish and the Folly: a fable for our times – EWPCC judgment in trademark infringement case Fox International Group Ltd v Jay Folly (IPKat)

Trade in fake goods can be combated with improved supply chain vigilance, IP Crime Group says (Out-Law)

The UK Patent Box proposal: How does it measure up? (Patent Law Practice Center)

United States

US General

Why the US government sets the standard on accounting for intangible assets (IAM)

Office of Policy and External Affairs Fiscal Year 2011 Dashboard Overview (Director’s Forum)

Evan Wallach unanimously confirmed to Federal Circuit (Inventive Step) (Patently-O)

DuMont withdraws; Richard Taranto is next nominee (Inventive Step) (Patently-O) (Patently-O)

USPTO management shake-up continues (Patently-O)

US Patent Reform

Will any patent application be better off under the America Invents Act? (PharmaPatents)

Harmony with the rest of the world? The America Invents Act (JIPLP)

Post-grant oppositions under US patent reform (IP Watch)

A critical analysis of the inter partes review statute (GRAY on Claims)

Maintaining rights to an application under the first to invent laws – a.k.a. avoiding the AIA § 3(n)(1) trap (Patent Law Practice Center)

General litigators to practice before the new Patent Trial & Appeal Board? (Patents Post-Grant)

USPTO finalizing post grant rule packages (Patents Post-Grant)

US Patents

Where will the next satellite patent office be located? (Maier & Maier)

What effects are patent reform measures having on the number of parties and patent cases being filed? (Docket Report)

Clean tech in court: green patent complaint update (Green Patent Blog)

US Patents – Decisions

CAFC denies rehearing en banc for Retractable Technologies v. Becton, Dickinson and Co (GRAY on Claims)

CAFC construes claim term consistenly with the object of the invention: Stone Strong, LLC v. Del Zotto Products of Florida, Inc. (GRAY on Claims)

CAFC ducks question of federal mediation privilege: Kimberly-Clark Worldwide v. First-Quality Baby Products (Patently-O)

CAFC affirms in Tianrui appeal (2010-1395) (ITC 337 Law Blog)

Therasense: Encouraging intentional deception? – CAFC judgment in Powell v Home Depot (Patently-O) (IPBiz)

BPAI agrees with examiner’s broadest reasonable interpretation of “disposed thereon”: Ex Parte Newby (GRAY on Claims)

District Court W D Wisconsin: Novozymes wins $18 million jury verdict in biofuels enzyme patent suit: Novozymes v Danisco (Green Patent Blog)

ITC: ALJ Rogers denies motion for temporary relief in Certain Muzzle-Loading Firearms (337-TA-777) (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

General Electric – Is GE’s wind patent portfolio sustainable without future licensing? (Green Patent Blog)

Remy International – ALJ Rogers denies motion for summary determination in Certain Starter Motors and Alternators (337-TA-755) (ITC 337 Law Blog)

Remy International – ALJ Rogers grants motion to terminate investigation as to Metric Sales & Engineering in Certain Starter Motors and Alternators (337-TA-755) (ITC 337 Law Blog)

Westinghouse Solar – ITC institutes investigation (337-TA-811) regarding Certain Integrated Solar Power Systems (ITC 337 Law Blog)

US Trademarks

Prof. Gordon Thompson questions TTAB’s CAVERN CLUB decision (TTABlog)

USPTO news: TEAS version 4.9 to be deployed on November 19^th (TTABlog)

A strategy to consider in registering trademarks on a budget (TTABlog)

US Trade Marks – Decisions

TTAB dismisses cancellation petition on contractual estoppel ground: Marie Claire Album, S.A. v. Bata Brands S.A.R.L. Luxembourg, Succursale de Lausanne (TTABlog)

Court rules that 1071(b) civil action for review of TTAB decision was timely filed: Tovaritch Spirits Int’l S.A. v. Luxco, Inc (TTABlog)

District Court N D Illinois: Consent judgment enjoins defendants’ use of its own initials: The Counselors of Real Estate v. Masters Commercial Real Estate, Inc. (Chicago Intellectual Property Law Blog)

Test your TTAB judge-ability on these two house marks for construction services: In re Frangeli Consulting, Inc. (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Cement-Lock – Lanham Act case settles after jury verdict: Cement-Lock v Gas Tech. Institute (Chicago Intellectual Property Law Blog)

Glassybaby – Glassybaby appeals trade dress dismissal, then apparently settles: Glassybaby LLC v. Northern Lights Enterprises Inc. (Seattle Trademark Lawyer)

Louboutin – Tiffany & Co files amicus brief in support of Louboutin’s appeal against decision dismissing its application for an injunction against Yves Saint Laurent (IPKat)

Mag Instrument – CAFC hears oral argument in Mag Instrument v. Brinkmann appeal re functionality (TTABlog)

General Global Week in Review 7 Nov 2011 from IP Think Tank

Marie Louise — Mon, 07 Nov 2011 11:26:11 +0000

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

Highlights this week included:

Venice Judges Resolution on a Unified Patent Court for the EU and Unitary Patent (EPLAW)

CJEU approves enforcement in another EU state of a disciplinary court fine due to violation of an injunction Case C‑406/09, Realchemie Nederland BV v Bayer CropScience AG (IPKat) (Kluwer Patent Blog)

Federal Circuit again declines to revisit Cybor: Retractable Technologies v. Becton, Dickinson and Company (Patently-O) (IPBiz) (EDTexweblog.com)

US Patent Commissioner Stoll to retire; Deputy Focarino to step up (IP Watch) (Inventive Step) (Patently-O)

Global

Global – General

Fail to instil IP literacy in staff at all levels (no. 36 in our list of IP mistakes) (IP Think Tank)

UNESCO approves Palestinian membership; US faces decision (IP Watch)

Does a sole licence have a legal soul? (IPKat)

IP, economics and the rest of the world: it’s all happening! (IPKat)

Global – Trade Marks / Brands

How many Doritos sub-brands can you name? (IPKat)

Global – Patents

IP5 Group forges international collaboration (Patent Quality Matters)

Patent quality issues continue to drive new initiatives (Patent Quality Matters)

Foreign patent applications in the fast lane (IP Osgoode)

Austria

More Easter Bunny news – this time from Austria (IPKat)

Brazil

Brazil: to promote and increase patents (IP tango)

China

Do shopping malls and supermarkets qualify for class 35 trademarks? (China Law Insight)

The Nissan that became a Lamborghini not confiscated for likelihood of confusion (IP Dragon)

Denmark

Dispute regarding sealing of plastic bags decided by Maritime and Commercial Court (Kluwer Patent Blog)

Europe

Venice Judges Resolution on a Unified Patent Court for the EU and Unitary Patent (EPLAW)

Prof. Sir Robin Jacob: Opinion on Unified Patent Court and Unitary Patent (EPLAW)

EPLAW – Resolution Unitary Patent Arts 6-8 (EPLAW)

European patent reform: so much to read! (IPKat)

Europe’s Unified Patent Court: where will it be? (IPKat)

Welcome to London: Home of the Unified Patent Court? (IPKat)

Trends and challenges in demand-side innovation: a thematic report (IP finance)

Printers, plotters and pronouncements: more work for the Court of Justice – Cases C-457/11 to C-460/11 V G Wort and others (1709 Copyright Blog)

‘Symbols of despotism’: The refusal to register a trademark in the EU (IP Osgoode)

General Court: saddle up for one confusing ‘cavalo’ ride: T-238/10 (Class 46)

General Court: Polypipe but monomark: T-189/09 (Class 46)

OHIM Boards of Appeal rejects another slogan – “La qualité est la meilleure des recettes” (Class 46)

General Court: Application for ‘TDI’ – Audi’s arguments fail to impress: Audi and Volkswagon v OHIM (JIPLP)

France

Cour d’Appel, Paris: saisie-contrefaçon is not a fishing expedition: Vetrotech v Interver (EPLAW)

The estoppel recognised as a principle of French procedural law (Kluwer Patent Blog)

Gabon

A to Z of African official IP websites no.20: Gabon (Afro-IP)

Germany

Pirate Party surges in German opinion polls – IP owners beware (IAM)

Is “Proti” the German bridge to “Bainbridge” ? (Class 46)

Easter bunny dispute – the next chapter (IPKat)

Iceland

IP enforcement in Iceland (Foreign Filing Blog)

India

Delhi High Court: No exclusive trademark rights to Lord Krishna’s name (IIPRD)

8PM v. PALONE 8: Delhi HC on law on numeral trademark: Radico Khaitan Ltd v. Carlsberg India Pvt Ltd (Spicy IP)

Pages from history: The influence of the New York Times on Indian patent policy in 2005 (Spicy IP)

Competition Commission of India launches investigation against T Series for charging arbitrary royalty rates from radio broadcasters (Spicy IP)

Cost of obtaining a patent in India (India Patent)

Indonesia

Indonesia trademark case and bad faith (IP Komodo)

Indonesia – survey on counterfeiting and piracy effects on society (IP Komodo)

Israel

Copyright in photographs from old newspapers shown in history programs: Jerusalem Magistrates’ Court decides Rachmani vs. The News Company (The IP Factor)

Health club wars: Tel Aviv District Court decides in Hadas Guvrin and PhysiKal Events LTD. vs. Switch Fitness Club, Roei Shreimester and Israel Frankel (The IP Factor)

Poland

PPO’s Annual Report 2010 – English version (Class 46)

Slovakia

Why size doesn’t matter – even small markets can cause big problems (Class 46)

Sudan

Legalization requirements for power of attorney in Sudan (Afro-IP)

Taiwan

Taiwan dead serious about copyright on funeral music (IP Dragon)

United Kingdom

Considering designs in a vacuum: EWCA Civ decision in Dyson v Vax (IPKat) (Class 99)

EWPCC: insufficient evidence of copying and cover up: Pro-Tec Covers v Specialised Covers (Class 99)

Design and IPR – What are your views? (Class 99)

United States

US General

Customs seizures from Asia (IP Komodo)

Functionalism versus faux formalism at the Federal Circuit (Patently-O)

The US’s $14.5 trillion intangible economy and a failure of accountancy (IAM)

US Patent Reform

File electronically to avoid “tax” on U.S. patent applications (Pharma Patents)

USPTO announces first allowed application under new prioritized examination (track 1) program (Maier & Maier)

AIA: redefining what is ‘prior art’ (Maryland Intellectual Property Law Blog)

What inventors need to know about the new patent law (BlawgIT)

US Patents

US Patent Commissioner Stoll to retire; Deputy Focarino to step up (IP Watch) (Inventive Step) (Patently-O)

Maybe (just maybe) President Obama is beginning to get it regarding technology policy (Patent Docs)

USPTO and NIPO establish PPH pilot program (Patent Docs)

Federal Circuit continues to avoid en banc review of claim construction (Patent Docs)

Provisional patent applications (Inventive Step)

Operating efficiently post-Bilski by ordering patent doctrine decision-making (Patently-O)

Patent litigation strategies for retailers based upon the PWC patent litigation study (Patent Law Practice Center)

US Patents – Decisions

Federal Circuit again declines to revisit Cybor: Retractable Technologies v. Becton, Dickinson and Company (Patently-O) (IPBiz) (EDTexweblog.com)

District Court S D California: Leahy-Smith AIA’s retroactive abrogation of false marking claims lacking competitive injury is not unconstitutional: Seirus Innovative Accessories v Cabela’s (Docket Report) (GRAY on Claims)

District Court C D California: Award of attorneys’ fees inappropriate where infringement was determined by claim construction: Karl Storz Imagin v Pointe Conception Medical (Docket Report)

ITC Decides to rescind in part limited exclusion order in Certain Silicon Microphone Packages (337-TA-629) (ITC 337 Law Blog)

When to petition/appeal at the USPTO?: Ex Parte Taymac Corp. (Patents Post-Grant)

US Patents – Lawsuits and strategic steps

Dippin’ Dots – Dippin’ Dots patent failure contributes to November 2011 Chapter 11 bankruptcy filing (IPBiz)

Dura Global – 500 new claims in patent reexamination backfire on plaintiff: Dura Global Technologies LLC. et. al., v. Magna International Inc. et al. (Patents Post-Grant)

Iguana – Three-year lie justifies partially terminating sanction: Entry of default as to liability: Iguana v Lanham (Docket Report)

Mitsubishi – Will Duke’s order blow away the cloud hanging over Mitsubishi’s 2.4 MW turbine? (Green Patent Blog)

Schweitzer-Mauduit International – ALJ Gildea grants motion to terminate investigation as to Delfort respondents in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756) (ITC 337 Law Blog)

West Cost Trends – Motion to transfer from Texas to Utah granted: West Cost Trends v Ogio International et al (EDTexweblog.com)

US Copyright

Why pay for it when you can get it free? – Obama turns to unpaid crowdsourcing ofr jobs poster (Class 99)

US Copyright – Decisions

10th Circuit finds phrase “Let’s Go Thunder” to be uncopyrightable: Syrus v. Bennett (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Cariou – Andy Warhol Foundation files an amicus brief to 2nd Circuit Court of Appeals in support of Richard Prince in Cariou v. Prince (Copyright Litigation Blog)

US Trade Marks – Decisions

TTAB precedential no. 28: TTAB reverses genericness refusal of COUNTRY MUSIC ASSOCIATION for Country Music Association services (TTABlog)

Test your TTAB judge-ability on this Section 2(d) refusal: In re G&F Manufacturing (TTABlog)

WYHA? TTAB Finds SMARTRASTER merely descriptive of oil and gas data logging services (TTABlog)

District Court W D Washington: “Tilted Kilt” vs. “Twisted Kilt” trademark showdown: Tilted Kilt Franchise Ltd. Liability Co. v. Purdey (Seattle Trademark Lawyer)

District Court S D Ohio: “Hustler is Larry Flynt, you know”: L.F.P.IP. v. Hustler Cincinnati (Property, intangible)

District Court N D Illinois: Bill of costs support need only be reasonable: Bobak Suasage Co v A & J Seven Bridges (Chicago Intellectual Property Law Blog)

US Trade Marks – Lawsuits and strategic steps

Hotel Hotel – The new standard for generic trademarks: Seattle’s new Hotel Hotel (Seattle Trademark Lawyer)

General Global Week in Review 31 Oct 2011 from IP Think Tank

Marie Louise — Mon, 31 Oct 2011 10:55:13 +0000

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

Highlights this week included:

USPTO and EPO launch patent classification website (Patent Docs) (IPR Helpdesk)

Fire at WIPO premises forces two-day shutdown (IP Watch) (WIPO)

Global

Global – General

LES 2011 experience (IP Think Tank)

Choose the right training (IP Think Tank)

Fire at WIPO premises forces two-day shutdown (IP Watch) (WIPO)

The IP Hall of Fame – the search for 2012′s inductees begins (IAM)

An update on WIPO’s website and the ‘dodgy scam sites’ (IPKat)

The murky world of the IP assignment (IPKat)

Confrontation analysis and IP dispute resolution (IPKat)

“Should there be a single global institution with exclusive competence to conduct international negotiations on intellectual property rights? If so, should this be WIPO, the WTO or some other body?” (IIPRD)

Art, style, design: A thought-leader (JIPLP)

Global – Copyright

WTO TRIPS Council: US intervention on ACTA (KEI)

Global – Trade Marks / Brands

Truth in wine labeling: survey results released (IPKat)

Global – Patents

Where to seek patent protection: a lesson from The Great One (Foreign Filing Blog)

How to make an invention report template (IPEG)

USPTO and EPO launch patent classification website (Patent Docs) (IPR Helpdesk)

New Developments for the Cooperative Patent Classification Project (Foreign Filing Blog)

Australia

APO: Contact lens cleaning method ‘inherently’ anticipated by prior use: Abbott Medical Optics, Inc v Alcon Laboratories, Inc (Patentology)

Trade marks and survey evidence in Australia: Adidas AG v Pacific Brands Footwear Pty Ltd (ipwars.com)

Canada

Can Canada learn anything from Europe on copyright? (Michael Geist) (IP Osgoode)

China

Comments on Draft of the Chinese Trademark Law (China Blawg)

New litigation dangers emerge in China (IAM)

Lost profits, the bottom line for IP infringement litigation (China Hearsay)

Criminal liability: the last resort for trademark protection (China Law Insight)

Who should own your China IP? Maybe not you. (China LawBlog)

Ethiopia

A to Z of African official IP websites no.19: Ethiopia (Afro-IP)

Europe

OHIM’s new mediation service: in force since 24 October 2011 (Class 46)

Child’s-play for CJEU as Spanish pogs pip Pepsi’s: PepsiCo v Grupo Promer Mon Graphic, OHIM (IPKat)

General Court finds overall similarity between SEVEN and SEVEN FOR ALL MANKIND marks: Case T-176/10 (Class 46)

General Court confirmed that Soviet Coat of Arms cannot be registered as a CTM: T – 232/10 (Class 46)

Darjeeling gets its legal protection… in stages (Class 46) (IPKat)

Battle of the cucumbers: PGI for Lea Valley? (IPKat)

The Euro: time for a rebrand? (IPKat)

ACID on SME and micro business design policy (Class 99)

Germany

German Pirate Party riding the wave of success (TorrentFreak)

BGH issues judgment on calculation of collecting society tariffs: I ZR 25/10 (1709 Copyright Blog)

DPMA: trade mark filing trends in 2011 (Class 46)

Munich Appellate Court on making vs repair: 6 U 3411/10 and 6 U 3412/10 (Kluwer Patent Blog)

Federal Supreme Court on evaluation of inventive step: Kosmetisches Sonnschutzmittel III (EPLAW)

Federal Supreme Court: Patent can be revoked on the ground of unlawful usurpation independent of the question of patentability: Schweissheizung (EPLAW)

Federal Supreme Courtfinds patent owner who granted royalty-free exclusive license to a third party still has standing to sue for damages: Cinch Stecker (EPLAW)

Bundespatentgericht grants appeal against lack of distinctiveness decision by trademark office: Feierbiest 27 W (pat) 512/11 (Class 46)

India

Desiboyz in copyright controversy (Spicy IP)

A trademark application gets filed, examined & published within 72 hours at the Chennai Trademarks Registry: Super efficiency OR super corruption? (Spicy IP)

Delhi High Court bars the use of ‘Krishna’ as a trademark to market dairy products (Spicy IP)

Indonesia

Trademark refusal appeals (IP Komodo)

Indonesia trademark decisions (IP Komodo)

Israel

Israel Commissioner meets representatives of the professional organizations (The IP Factor)

Malaysia

A fishy patent claim in Malaysia, to which Indonesia objects (IP Komodo)

Mexico

A meaningful pact – or just a Mexican wave? – MoU between UK IPO and IMPI (IP tango)

Morocco

ORKIDE… or ORKIDE? Ruby Rough application rejected based on opposition by Orkide Parfüm Ve Kozmetik Sanayi Anonim Şirketi (Afro-IP)

Peru

INDECOPI shows the way to support an invention (IP tango)

Philippines

Philippines IP Office: ‘Our meeting is not fostering corporate greed’ (IP Watch)

WIPO defends involvement in IP enforcement meeting in the Philippines (IP Watch)

New IPR court procedures (IP Komodo)

Poland

Supreme Administrative Court: Provisions concerning industrial designs refer to user of the design, and not its distributor or seller: II GSK 838/10 (Class 99)

Voivodeship Administrative Court: Well-known trade mark: VI SA/Wa 617/11 (Class 46)

Voivodeship Administrative Court: platan v. platanus: VI SA/Wa 875/11 (Class 46)

United Kingdom

Governance for UK collecting societies: your chance to have a say (1709 Copyright Blog)

EWHC (Ch): Trademark infringement through likelihood of confusion?: Samuel Smith Old Brewery v Philip Lee (trading as Cropton Brewery) (IPKat)

Rhythmix – a band without a name (IPKat)

PCC Page 42: Octopus-watching continues: giant squid v small fry .. and the prospect of settlement (PatLit)

Past historic 1: how patents for invention came from Venice to England (IPKat)

United States

US General

Federal Circuit Statistics – FY 2011 (Patently-O)

US Patent Reform

The estoppel disconnect of inter partes review (Patents Post-Grant)

The America Invents Act 2011: US marking requirements and pitfalls (PatLit)

Purchase my eBook: Mark-up and commentary on the Leahy-Smith America Invents Act (Patently-O)

Strategies for the new patent law frontier (Patent Law Practice Center)

AIA overview: Changes in requirements for the inventor’s oath or declaration (Patent Docs)

AIA overview: Supplemental examination (Patent Docs)

AIA overview: Changes to provisions relating to third party submissions of prior art (Patent Docs)

AIA: Post-grant review intended to curb litigation (Maryland Intellectual Property Law Blog)

US Patents

U.S.application backlog falls to five-year low (Patent Docs)

Un-staying litigation despite ongoing patent reexamination (Patents Post-Grant)

CAFC: Patent opinions down, Rule 36 affirmances up (Patently-O)

The aftermath of Stanford v. Roche: Which law of assignments governs? (IP Osgoode)

Patent Pilot Program (Docket Report)

Design Patents (Inventive Step)

US Patents – Decisions

BPAI: Marine Polymer and Section 112 rejections in reexamination: Nissim v Time Warner (WHDA)

ITC issues notice of final determination finding s 337 violation in Certain Ink Cartridges With Printheads (337-TA-723) (ITC 337 Law Blog)

District Court Arizona: Judge Campbell denies prosecution bar in reexamination: NeXedge v. Freescale Semiconductor (WHDA)

District Court W D Wisconsin: No apportionment of lost profits where the entire value of infringing sales derives from the patented invention: Novozymes v Danisco (Docket Report)

US Patents – Lawsuits and strategic steps

Bosch – Bosch files new 337 complaint regarding Certain Wiper Blades (ITC 337 Law Blog)

Compound Photonics – Compound Photonics files new 337 complaint regarding Certain Projectors With Controlled-Angle Retarders (ITC 337 Law Blog)

Department of Energy – Auction block: DOE asserts ownership and tries to stop sale of evergreen ribbon patents (Green Patent Blog)

Essociate – Rule 11 pre-filing investigation need not be conducted by registered patent attorney: Essociate v Blue Whaler Investments (Docket Report)

Litepanels – ALJ Essex denies motion to dismiss in Certain LED Photographic Lighting Devices (337-TA-804) (ITC 337 Law Blog)

Morningware – ND Illinois reconstrues “cooking enclosure”: Morningware v. Hearthware Home Products (Chicago Intellectual Property Law Blog)

US Copyright

US Copyright Office 17 priorities (KEI)

Berne takes a bite out of the US Constitution (IPKat) (IPKat)

Uncle Sam slaps San Francisco radio pirate with $10k fine (Ars Technica)

US Trademarks

TTAB new filings and performance measures for FY 2011 (TTABlog)

The PTO isn’t passing the buck in addressing trademark bullying after all (Seattle Trademark Lawyer)

US Trade Marks – Decisions

TTAB affirms 2(e)(1) deceptively misdescriptive refusal of BLACK FLEECE for fleeceless clothing (TTABlog)

Test your TTAB judge-ability: Is MEGA-SAMPLER merely descriptive of cigars? (TTABlog)

How damaging to your case is a cancelled trademark registration?: Firehouse Restaurant Group, Inc. v. Scurmont LLC (Property, intangible)

US Trade Marks – Lawsuits and strategic steps

Mar Hill Church – Seattle’s Mars Hill Church in second trademark scrape (Seattle Trademark Lawyer)

General Global Week in Review 24 Oct 2011 from IP Think Tank

Marie Louise — Mon, 24 Oct 2011 11:21:11 +0000

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

Highlights this week included:

The revised Trademark Law of China open for public comment (China Law Insight)

EU database of IP infringers needs more clarity to comply with law, says data protection watchdog (Out-Law)

Global

Global – General

Using IP strategically to help build businesses (IP Think Tank)

Butterfly effect and IP mimicry (IP Think Tank)

Chicago Ideas Week and the power of intellectual capital (Ocean Tomo Insights)

Recommendations for navigating IP terrain emerge from UNITAID Forum (IP Watch)

Can you feel the pulse, can you hear the heartbeat? – IP due diligence (IPKat)

WTO IP Committee to address medicines access, plain-packaged tobacco, ACTA (IP Watch)

How to respond to a cease & desist letter (IP Watch)

Global – Trade Marks / Brands

Brand valuation – why the big discrepancy in the amounts different rankings report? (IAM)

Two tools for selecting a suggestive trademark over a descriptive trademark (Seattle Trademark Lawyer)

TRIPS Council (24-25 Oct 2011) will discuss Para 6 implementation, Australia’s tobacco plain packaging bill 2011 and enforcement (KEI)

Global – Patents

Private and social costs of patent trolls (IP finance)

Featured resource: ArchPatent (Patent Quality Matters)

Australia

APO: Assuming next-day delivery of mail an ‘error’: TransLang Technology v Twister (Patentology)

You say Barrister and I say Barista? Proposed business name laws have hurdles attached (IP Whiteboard)

Belgium

Wear and damage do not constitute a patent infringement – Ghent Court of Appeal judgment in Bollegraaf Recycling Machinery v Stora Enso Langerbrugge (Kluwer Patent Blog)

Canada

Supreme Court of Canada to announce whether leave to be granted in CSI “authorization” case: CMRRA-SODRAC Inc. (CSI) v. SOCAN, Sirius, Canadian Satellite Radio Inc (Excess Copyright)

Chile

Bringing down the baddies! Seizure of counterfeit ‘Solingen’ products (IP tango)

China

Book review monday: Patent Litigation in China (Patent Baristas)

The revised Trademark Law of China open for public comment (China Law Insight)

Cake or death? The value of an apology in China (IPKat)

An ABC to losing your China IP (China Law Blog)

Europe

CJEU: Interpreation of Enforcement Directive: Realchemie v Bayer (EPLAW)

CJEU confirms validity of case-law regarding distinctive character of 3D trademarks which consist of appearance of product itself or packaging of a good: C-344/10 and C-345/10 (Class 46)

Highlights of CJEU decision in PepsiCo v Grupo Promer Mon Graphic C-281/10 (Class 99)

EU database of IP infringers needs more clarity to comply with law, says data protection watchdog (Out-Law)

OHIM: EuroClass replacing EuroAce and EuroNice classification tools (Class 46)

Everything you wanted to know about OHIM’s new mediation service…. (IPKat)

General Court upholds finding of likelihood of confusion between ROSALIA DE CASTRO and ROSALIA for wine: Case T-421/10 (Class 46)

Germany

“Containing” does not automatically disclose “consisting of” – German Federal Court of Justice tightens requirements for an amendment to be allowable under Art. 123(2) EPC (Kluwer Patent Blog)

India

Of ties, school ties and alumni – Delhi High Court decision in school alumni passing off case: St Stephen’s College v St Stephen’s College Alumni Association (Spicy IP)

An update on the PILs against the IPAB and the Copyright Board (Spicy IP)

Shah Rukh Khan’s RA.One in copyright dispute (Spicy IP)

Indonesia

Jakarta Commercial Court: Bajaj’s patent appeal refused due to missed deadline (IP Komodo)

Trade name disputes in Indonesia (IP Komodo)

Kenya

Pre –grant entitlement actions in Kenya – Who should file a patent application? (Afro-IP)

Korea

Speed bumps emerge on KIPO Green Tech Fast Track (Green Patent Blog)

Spain

Who is defending the Spanish opposition to the drafted Unitary Patent? (PatLit)

United Kingdom

Limitation of damages in the Patents County Court (EPLAW)

UKIPO issues TPN (3/2011) – hearings in cases of invalidation on relative grounds (Class 46)

United States

US General

Does 337 apply to foreign trade secret missapropiation?: TianRui Group Co. v. ITC (Maier & Maier)

Theft of trade secrets from Dow, Cargill by Kexue Huang (IPBiz)

US Patent Reform

The disharmonious loss of the Hilmer doctrine (Pharma Patents)

Post grant dead zone coming soon (Patents Post-Grant)

America Invents Act: New opportunities for challenging the validity of US patents (PatLit)

AIA overview: Changes to inter partes re-examination (Patent Docs)

AIA Overview: Post-grant review provisions (Patent Docs)

AIA Overview: Prior user rights defense (Patent Docs)

US Patents

ITC issues final rules for gathering information on public interest issues (ITC 337 Law Blog) (Ocean Tomo Insights)

PTO numbers at end of FY2011 (Inventive Step)

US Patents – Decisions

CAFC: Del Zotto wins via obviousness defense: Stone Strong v Del Zotto Products of Florida (IPBiz)

Federal Circuit instructs district court to dismiss false marking case: FLFMC v Wham-O (GRAY on Claims)

CAFC addresses 35 USC 146 in Streck v Research & Diagnostic Sytems (IPBiz)

District Court E D Virginia: Standing for correction of inventorship: Informatics Application Group v Shkolnikov (Property, intangible)

District Court N D Illinois upholds $1M sanction for fabricated prior art: Rosenthal Collins Group v Trading Technologies (Chicago Intellectual Property Law Blog)

District Court N D California: Jury awards Conceptus $18 million based on 20% royalty rate: Conceptus v Hologic (Docket Report)

BPAI: Defects in patent reissue oaths inefficiently cured: Ex parte Thomas Budmiger (Patents Post Grant)

US Patents – Lawsuits and strategic steps

Alexsam – Damages expert may not rely on unproduced license within expert’s personal knowledge: Alexsam v. Shell Oil Company (Docket Report)

Aston Martin – Another e-mail discovery ruling: Effectively Illuminated Pathways, LLC v. Aston Martin, et al. (EDTexweblog.com)

Cross Match Technologies – Cross Match Technologies files appeal with Federal Circuit in biometric scanning devices investigation (ITC 337 Update)

GreenShift – Court issues mixed claim construction ruling in ethanol processing patent case (Green Patent Blog)

Velocys – Lack of factual basis for counsel’s representations to the court warrants sanctions under 28 U.S.C. § 1927: Velocys v Catacel (Docket Report)

Westinghouse – Westinghouse ITC complaint against Zep shines light on past litigation (Green Patent Blog)

US Copyright – Lawsuits and strategic steps

Golan – Copyright or copy-wrong? US Supreme Court hears arguments in a case concerning the shrinking public domain: Golan v Holder (IP Whiteboard)

Rihanna – Be inspired, but too much will cost you – Settlement reached after court opinion finding Rihanna’s‘S&M’ video infringed David La Chapelle’s copyright (Innovationpartners)

US Trademarks

USPTO Issues 8th Edition of TMEP (TTABlog)

Fourth quarter trademarks dashboard overview (Director’s Forum)

US Trade Marks – Decisions

Precedential no. 27: TTAB sustains 2(d) and dilution claims in MOTOWN challenge to MOTOWN METAL for toy vehicles: UMG Recordings, Inc. v. Mattel, Inc (TTABlog)

TTAB tosses out CAVERN CLUB fraud and 2(a) false association claims: Cavern City Tours v Hard Rock Café International (TTABlog)

Summary judgment: TTAB dismisses “MUSCLE MILK” 2(d) opposition to “NUTRI LECHE” (TTABlog)

Championship cabbage chucking – TTAB decision in St. Denis Parish v. Diana Von Straten (Property, intangible)

Which of these four section 2(d) refusals did the TTAB reverse?: In re KCK International, In re Filini Wine Company, In re CSI Collision Specialist, In re Boyer Refrigeration, Heating & A/C. (TTABlog)

Test your TTAB judge-ability on this trademark specimen of use: In re DV International (TTABlog)