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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

EU: Generics producers: Criminal sanctions can stop counterfeit drugs (IP Watch)

Prandin (Repaglinide) – US: Federal Circuit grants stay of preliminary relief pending full appellate review: Novo Nordisk v Caraco (Patently-O)

Eduardo Pisani of Bristol-Myers Squibb is the new IFPMA Director General (IP Watch)

Is the practice of medicine impeding medical innovation? (BiotechBlog)

‘Most important’ biodiversity access / benefit meeting (IP Watch)

EU: Patentability of gene sequences and Directive 98/44 (JIPLP)

EU: Generics producers: Criminal sanctions can stop counterfeit drugs (IP Watch)

US: Mayo seeks Supreme Court review in Prometheus Labs case (Patent Docs)

US: Follow-on biologics news briefs – No 9: Patient groups back Senate and House Committee FOB legislation; DelawareBio and BIO seek support of Delaware Delegation; CCPM asks Congress to fix FOB provisions; TJU Dean asks Congress to focus on patient safety (Patent Docs)

US: Issues for another day: Software? Medical diagnostics?: Bilski (IP Frontline)

Ablify (Aripiprazole) – US: Otsuka files patent infringement suit against Teva in response to Para IV challenge (Patent Docs)

Boniva (Ibandronic acid) – US: Roche drops two lawsuits in response to Teva cancelling plans to manufacture generic Boniva (The IP Factor)

Copaxone (Glatiramer) – US: Teva files amended complaint against Momenta/Sandoz to include infringement of three Copaxone–related patents (SmartBrief)

Copaxone (Glatiramer) – US: Teva files patent infringement suit against Mylan, Natco following Para IV challenge (Patent Docs) (GenericsWeb)

Enbrel (Etanercept) – US: Mathilda and Terrence Kennedy Institute of Rheumatology Trust files patent infringement suit against Amgen based on its manufacture and sale of Enbrel (Patent Docs)

Fentora (Fentanyl) – US: Cephalon files patent infringement suit against Barr Pharmaceuticals following Para IV challenge (Patent Docs)

GeneChip – US: Illumina files patent infringement suit against Affymetrix over manufacture and sale of certain GeneChip products (Patent Docs)

Lipitor (Atorvastatin) – Generic makers line up to sell copies of Pfizer’s Lipitor (GenericsWeb)

Loestrin, Femcon (Norethindrone, Ethinyl estradiol) – US: Warner Chilcott suit against Lupin dismissed in Maryland, to be heard in Delaware (Patent Docs)

Loprox (Ciclopirox) – US: Medicis files patent infringement suit against Glenmark following Para IV challenge (Patent Docs)

Myfortic7 (Mycophenolate) – US: Novartis files patent infringement suit against Apotex in response to Para IV challenge (Patent Docs)

Nexium (Esomeprazole) – US: Astrazeneca files patent infringement suit against Lupin following Para IV challenge (Patent Docs)

OxyContin (Oxycodone) – US: Apotex and Purdue settle suit over OxyContin (Patent Docs)

Oxytrol (Oxybutynin) – US: Settlement announced in Oxytrol litigation between Watson and Barr (Patent Docs)

PradiMet (Repaglinide) – US: Novo Nordisk files patent infringement suit against Actavis following Para IV challenge (Patent Docs)

Prandin (Repaglinide) – US: Stays pending appeal - Federal Circuit grants stay of preliminary relief pending full appellate review: Novo Nordisk v Caraco (Patently-O)

Rozerem (Ramelteon) – US: Teva sued by Takeda over generic version of Rozerem (The IP Factor) (GenericsWeb)

Taxotere (Docetaxel) – US: Aventis files patent infringement suit against Sandoz following Para IV challenge (Patent Docs)

Thrombin JMI (Coagulation Factor II) – US: King Pharmaceuticals and others sue ZymoGenetics for false advertising, trade mark infringement; obtain three temporary restraining orders: (Seattle Trademark Lawyer)

Travatan (Travoprost) – US: Alcon files patent infringement suit against Apotex following Para IV challenge (Patent Docs)

Treagan (Acetic acid, Antipyrine, Benzocaine, U-polycosanol 410) – US: Deston Therapeutics files patent infringement suit against TriGen, Irisys based on manufacture and sale of Treagan (Patent Docs)

Tricor (Fenofibrate) – Elan files patent infringement suit against Impax in response to Para IV challenge (Patent Docs)

Tricor (Fenofibrate) – US: Abbott files patent infringement suit against Impax following Para IV challenge (Patent Docs)

Ultram (Tramadol) – US: Purdue Pharma files patent infringement suit against Cipher Pharmaceuticals following Para IV challenge (Patent Docs)

Xeloda (Capecitabine) – US: Hoffman-La Roche sues Teva et al in response to Para IV challenge (The IP Factor)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

ACTA negotiations, Seoul (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Public Knowledge) (Public Knowledge) (LawFont) (Michael Geist) (BLOG@IP::JUR) (EEF) (PC World) (TorrentFreak) (IP Watch)

United Nations Framework Convention on Climate Change meeting, Barcelona; US Senate letter urges IP rights (IP Watch) (IP Watch) (IP Watch) (IP Watch)

Keynote on what’s happening in the world of IP strategy IP Think Tank podcast 26 Oct 2009 (IP Think Tank)

WIPO, donor community to explore ways to enhance use of IP for development (IP Frontline) (IPKat)

WIPO power struggle looms over development agenda coordination (IP Watch)

A look into the future... US joins other major economies reporting return to positive economic growth (IAM)

Michael Geist on CBC’s ‘As It Happens’ on ACTA (Michael Geist)

The leaked ACTA document (Michael Geist)

ACTA negotiations day 1 – Internet provisions (Michael Geist) (BLOG@IP::JUR) (EEF) (PC World) (TorrentFreak) (IP Watch)

ACTA negotiations day 2 – Criminal provisions (Michael Geist)

ACTA negotiations day 3 – secret talks on transparency (Michael Geist)

UNCITRAL security interests consultation update (Excess Copyright)

Breakthrough in strategic IP thinking? (Innovationpartners)

Smart City’s intangible assets... (Business IP and Intangible Assets Report and Blog)

Intangible asset valuation frustration-skepticism (Business IP and Intangible Assets Report and Blog)

Raising finance from intellectual assets is on the rise, but more needs to be done (IAM)

Advisory Committee on Enforcement meeting: IP enforcement work at WIPO gets boost from developing nations (IP Watch)

WTO to extend moratorium on non-violation cases, e-commerce taxes (IP Watch)

Slow but steady progress in IP’s move to the corporate centre stage (IAM)

Which patent office does it best? IAM/Thomson Reuters survey says: EPO (Peter Zura's 271 Patent Blog)

Mandatory disclosure, PCT and WIPO conspiracy theories (Spicy IP)

IP for you business: Reducing patent litigation budgets (Chicago Intellectual Property Law Blog)

Seeking to sell your patent to a big company? Think about these negotiation tips (IP Asset Maximizer Blog)

United Nations Framework Convention on Climate Change meeting, Barcelona; US Senate letter urges IP rights (IP Watch) (IP Watch) (IP Watch) (IP Watch)

Will the sci-fi franchise continue? (IP finance)

Gospel, gold diggers and gum trees: How sampling litigation changes the tune (IP Osgoode)

A mere collocation - Full Federal Court allows appeal against grant of interlocutory injunction preventing Smith & Nephew entering negative pressure wound therapy market: Smith & Nephew P/L v Wake Forest University Health Sciences (ipwars.com)

The Vegemite/iSnack trade mark saga down under: Fiasco or triumph? (IP finance)

INPI sets higher grounds and prepares itself for Madrid Protocol and the 2014 World Cup (IP tango)

Justice Marshall Rothstein on business method patents (IP Osgoode)

Oshawa school trustee seeks elimination of copyright fees (Michael Geist)

Justice Vancise on the courts and copyright policy in Canada (Excess Copyright)

Government responds to IP enforcement criticism, proposes changes to proceeds of crime rules (Michael Geist)

Bachman Turner Overdrive trade mark dispute between current and former band members (Canadian Trademark Blog)

Auditor General wields Crown copyright to demand takedown (Michael Geist)

Canadian copyright collectives and the Copyright Board after 20 years: Does the system serve its purpose? (Excess Copyright)

The ambitious project that seeks to change the Chilean wine map (IP tango)

Pepsico-Tianfu JV dispute over trade secrets and branding (China Hearsay)

iSuppli: China’s grey mobile phone market explodes (IP Dragon)

Questions referred to ECJ in Interflora v Marks and Spencer now available (IPKat) (Class 46)

ECJ crystal clear ruling in border measures reference: Zino Davidoff SA v Bundesfinanzdirektion Südost (JIPLP)

Brussels Court of Appeal refers SatCab questions to ECJ in Airfield v Agicoa and Airfield v Sabam (1709 Copyright Blog)

Pirate Party gets second seat in European Parliament (TorrentFreak) (IP Watch)

Enlarged Board of Appeal at EPO: Can impartiality of member be challenged by amicus curiae brief? (BLOG@IP::JUR)

EU Community patent: The mill goes on and on – EU Council issue Document 15149/09 ‘Proposal for a Council Regulation on the Community Patent – Revised text’ (BLOG@IP::JUR)

Notice from the European Patent Office dated 26 October 2009 concerning search options available after ‘Examining Division's first communication’ (EPO)

OHIM to launch products/services similarity database in 2010 (Class 46)

EPO presidency vote revealed (IAM)

Stalemate over EPO president – election postponed until at least December (Managing Intellectual Property) (Innovationpartners)

Why are CTM applications through the Madrid system less often opposed? (IPKat)

Finnish Customs sees more counterfeit action in 2009 than previous years, according to financial newspaper Kauppalehti (Class 46)

Paris Tribunal de Grande instance now has exclusive jurisdiction for all patent disputes in France (Managing Intellectual Property)

India’s traditional knowledge database wins early successes at EPO (Spicy IP)

Gandhi-Mont Blanc dispute ‘almost settled’ (Spicy IP)

Ramkumar’s patent covering dual SIM phones stayed by the IPAB (Spicy IP)

Bambino Agro Industries applies for geographical indication status for Bambino brand vermicelli (Spicy IP)

Bombay High Court dismisses allegations of copyright infringement against Madhur Bhandarkar’s movie ‘Jail’ (Spicy IP)

Fashion designer Jen Kelly sues Riverdance duo Moya Doherty and John McColgan for using his designs without permission, seeks royalties on Riverdance profits (IPKat)

Israel PCT receiving office – have your say! (The IP Factor)

Jerusalem District Court: American Colony Hotel prevents competitors using name Colony (The IP Factor)

Italian law amends Italian IP Code and reinforces protection to IP rights holders under Italian Criminal Code (Class 46)

High Court orders Music Copyright Society of Kenya to stop collecting ringtone royalties (Afro-IP)

Amicus brief filed by INTA with Federal Court of Tax and Administrative Affairs (Grupo Anderson’s Case) (relatIP)

Premio Planeta 2002 prize winner found liable for moral rights infringement (IP tango)

Polish Ministry of Culture and National Heritage creates incentives for sharing educational content (Creative Commons)

Jail time for selling fake croissants (Class 46)

Swiss patent litigation reform (PatLit)

Syria waives Israel boycott declaration (The IP Factor)

How easily can multi-issue disputes be slimmed down?; Commercial success as criterion of inventive step: Grimme Landmaschinenfabrik GmbH & co. KG v Derek Scott (PatLit) (Class 99) (IPKat)

April 2010 trial ordered in trade mark infringement and copycat advertising dispute between Specsavers and Asda (IPKat)

‘Give it back!’. ‘Shan’t!’ Court of Appeal rules... – Scopelight Ltd & Ors v Chief Constable of Northumbria and Federation Against Copyright Theft concerning police powers to retain seized property once decision not prosecute has been made (1709 Copyright Blog)

Warner Bros says Harry Potter theme dinner infringes copyright (TorrentFreak)

Did you know... section 337 settlement agreements must be approved by the ITC? (ITC 337 Law Blog)

Groups protest Obama Administration secrecy on ACTA (Public Knowledge)

Artist, Open Government, and civil liberties groups join calls for ACTA transparency (Public Knowledge)

$1.26 billion awarded against PepsiCo for not defending trade secret case regarding bottled water (The IP Factor)

Outside opinions are still key to avoiding wilful infringement (Patents4Life)

Changing opinions on wilful patent infringement (IP Frontline)

Someone already patented your invention? Run to the USPTO (IP Frontline)

Director’s blog, now with feedback (just_n_examiner)

Effective 8 November, Office’s revised count system initiatives go into effect (just_n_examiner)

Should you file a patent application now or can you wait? (Inventive Step)

Copyrighting a prior public disclosure: In re Lister (IP Directions) (IP Osgoode)

A closer look at requests to stay section 337 investigations pending re-examination at the USPTO (ITC 337 Law Blog)

Patent prosecution tips: drafting preambles (Patently-O)

CAFC: When are subsidiaries covered in a license agreement?: Imation v Koninklijke Philips Electronics (Patently-O) (IP Spotlight)

District Court N D Illinois: Court not required to review products during claim construction: SP Techs. LLC v Garmin Int’l, Inc (Chicago Intellectual Property Law Blog)

District Court E D Texas: Motion for summary judgment as to patent defendant’s defences and counterclaims granted in part; antitrust claims severed: Fiber Systems International v Applied Optical Systems (EDTexweblog.com)

District Court E D Texas: Motion to compel denied – non-compliance with ‘meet and confer’ rule: Konami Digital Entertainment Co v Harmonix Music (EDTexweblog.com)

BPAI used dictionary and patentee’s explicit distinguishing of prior art in defining claim term and reversing rejection of claims: Ex parte Westlund (Gray on Claims)

Coskata – Biofilm, bugs and bioreactors: The IP behind Coskata’s new biofuel facility (Green Patent Blog)

GreenShift Corporation – GreenShifting focus to pre-grant damages in ethanol processing patent suit: GS Cleantech Corporation v GEA Westfalia Separator, Inc and Does 1-20 inclusive (Green Patent Blog)

Honeywell – Public version of initial determination released – No violation of s 337 by respondents’ importation and sale of automotive multimedia display and navigation products in investigation based on complaint by Honeywell (ITC 337 Law Blog)

Tessera – ITC to review initial determination in investigation of importation and sale of allegedly patent infringing semiconductor chips commenced in response to complaint by Tessera (ITC 337 Law Blog)

The future IP Czar (Excess Copyright)

District Court S D New York: Oral contract not worth the email they’re printed out on: Weinstein Company v Smokewood Entertainment Group (The Trademark Blog)

CAFC: Trademark cancellation: Presumption of validity includes presumption of acquired distinctiveness for marks registered under section 2(f): Cold War Museum v Cold War Air Museum (Patently-O) (TTABlog)

Court of Appeals for the 7^th Circuit: Use of Japanese legal term in US-based contract Sunstar Inc v Alberto-Culvar Company (IP Spotlight) (IP Law Blog)

9^th Circuit finds name not a trade mark, so no false designation of origin: Ott v Ingenix (Seattle Trademark Lawyer)

Precedential No 45: TIRES TIRES TIRES generic for, or merely descriptive of, Tire Store Services: In re Tires, Tires, Tires (TTABlog)

TTAB precedential no 44: TTAB decides CAB CALLOWAY priority dispute, rules that personal names are inherently distinctive: Christopher Brooks v Creative Arts by Calloway, LLC (TTABlog)

TTAB restricts Bose’s WAVE registration per CAFC decision (TTABlog)

McDonald’s – McDonald’s reached settlement with Lion’s Tap in dispute over McDonald’s use of WHO’S YOUR PATTY tagline (Las Vegas Trademark Attorney)

United States of America – US Government files suit against AFIP Laboratories over alleged infringement of their ARMED FORCES INSTITUTE OF PATHOLOGY mark (The Trademark Blog)

University of Southern California – CAFC hears oral argument in SC trademark dispute University of Southern California v University of South Carolina (TTABlog)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

ACTA Internet chapter: Putting the pieces together (Michael Geist) (BLOG@IP::JUR) (EEF) (PC World) (TorrentFreak) (IP Watch)

ICANN approves introduction of non-Latin script top level domains (IP Think Tank) (Class 46) (IP Watch) (Managing Intellectual Property) (The Trademark Blog) (ipblog.ca) (China Hearsay)

Pirate Party gets second seat in European Parliament (TorrentFreak) (IP Watch)

File-sharers protected under proposed EU legislation – Deadlock broken on Telecoms Reform Package (TorrentFreak) (Ars Technica)

ACTA Internet chapter: Putting the pieces together (Michael Geist) (BLOG@IP::JUR) (EEF) (PC World) (TorrentFreak) (IP Watch)

Big Content: Using ‘moral panics’ to change copyright law (Ars Technica)

The other side of piracy – ContentSutra op-ed on the pros of internet piracy (Spicy IP)

Record labels keep blaming P2P, but it’s a hard sell (Ars Technica)

ICANN approves introduction of non-Latin script top level domains (IP Think Tank) (Class 46) (IP Watch) (Managing Intellectual Property) (The Trademark Blog) (ipblog.ca) (China Hearsay)

10^th anniversary of WIPO UDRP (Excess Copyright)

I CAN HAS CHEEZBURGER wins against icanhashotdog.com (IPKat)

Metatags, adwords, killing kittens and the cat-dog dichotomy (IPKat)

Prof Graeme Dinwoodie ‘A Comparative Analysis of Liability for Keyword Advertising’ (IP Osgoode)

AFACT v iiNet trial updates (TorrentFreak) (TorrentFreak) (TorrentFreak) (TorrentFreak)

ACTA: Time to walk away? (Excess Copyright)

Bill C-61 and DRM: How the Canadian Constitution ensures a balance of copyrights (IP Osgoode)

Counterfeit goods: Statutory and punitive damages: Microsoft Corporation v 1276916 Ontario Ltd et al (Canadian Trademark Blog)

DRM breaker reports himself to anti-piracy group (TorrentFreak)

Pirate Party gets second seat in European Parliament (TorrentFreak) (IP Watch)

File-sharers protected under proposed EU legislation – Deadlock broken on Telecoms Reform Package (TorrentFreak) (Ars Technica)

Rest of Europe about to yield to HADOPI’s siren song? (IP Watch)

BGH rules on liability for links and adwords (IPKat)

Information Technology (Amendment) Act 2008 now in force – ISP liability (Spicy IP) (Spicy IP)

Round table on software patents at the Israel Patent Office (The IP Factor)

Invitation to submit briefs to IPO re software patent policy in Israel (The IP Factor)

Central District Court rules that film download site be taken down and fines owner/operator: Organization for Protecting Cinematographical Creations (1993) & Ors v Dan Asulin (The IP Factor)

Facebook looking to target Latin American market (IP tango)

Consumer group irate over Kindle, e-book tie-in (Ars Technica)

IFPI vs Telenor: Pirate Bay blocking decision delayed (TorrentFreak)

UK-T shut down for good, database deleted (TorrentFreak)

Cyrillic domain names – the new way forward (Class 46)

Swedish judge to Pirate Bay admins: shut down or face fines (Ars Technica)

Cyber Norms project survey finds millions of file-sharers hide their identities online (TorrentFreak)

UK IPO and BIS announce strategy for copyright in the digital age (1709 Copyright Blog)

UK study finds downloaders spend more on music (Michael Geist) (Ars Technica)

BPAI gives green light to nixing ‘black bo&xrsquo; software patents under 35 USC 112: Ex Parte Rodriguez (precedential) (Peter Zura's 271 Patent Blog)

District Court Delaware: Microsoft denied declaratory judgment jurisdiction a second time in patent dispute with WebXchange (Washington State Patent Law Blog)

How to win $25 million in a patent suit and end up with a whole lot less – DeepNine’s patent win against McAfee (The Prior Art)

Google – Red Bend files patent infringement suit against Google over technology used in Chrome browser (The IP Factor)

5 million ‘Star Trek’ pirates vs 1 FCC broadband plan (Ars Technica)

Does the RIAA let defaulters off the hook? (Ars Technica)

DVR: the new player piano (Public Knowledge) (EFF)

MPAA propaganda hits ’60 Minutes’ (TorrentFreak)

BlueBeat.com – Judge grants EMI’s request for injunction against BlueBeat.com, a US firm selling Beatles tracks online (Ars Technica) (Ars Technica) (Ars Technica)

Keyword advertising after Rescuecom (IP Frontline)

M Holdings – The M Resort files cybersquatting action against Hu Mei Lei (Las Vegas Trademark Attorney)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

US: District Court S D New York denies motions to dismiss in gene patent case: Association for Molecular Pathology v USPTO (Inventive Step) (Patent Docs) (Patent Baristas) (Ars Technica) (The IP Factor) (Patently-O) (IP Watch)

Plavix (Clopidogrel) – US: Supreme Court rejects Plavix patent challenge by Apotex (GenericsWeb) (IP World)

US: Mayo asks Supreme Court to review another patentable subject matter case: Mayo v Prometheus (Inventive Step) (Patently-O)

Ecuador grants obligatory patent licenses (IP tango) (IP tango) (IP tango)

Medicines access again captures attention at WTO as progress urged in round (IP Watch)

Open source and biotechnology: Whither or whether idea? (IP finance)

Brazil: BPTO v ANVISA (Health National Surveillance Agency): Pharmaceutical patents in Brazil (IP tango)

Canada finds patents no help for poorest in need of medicine (IP Watch)

Ecuador grants obligatory patent licenses (IP tango) (IP tango) (IP tango)

India: Glenmark Pharmaceuticals and Suven Life Sciences: The new face of the innovating ‘Indian’ pharma industry? (Spicy IP)

India approaches WTO as yet another seizure takes place (Spicy IP)

US: Follow-on biologics data exclusivity debate scorecard (Part 1 – Patent Docs) (Part II – Patent Docs) (Part III – Patent Docs)

US: 12 Senators write in support of 12-year data exclusivity period (Patent Docs)

US: Affordable Health Care for America Act introduced in House; includes biosimilar licensure pathway (FDA Law Blog) (Patent Docs)

US: Mayo asks Supreme Court to review another patentable subject matter case: Mayo v Prometheus (Inventive Step) (Patently-O)

US: Changing winds for gene patenting in the US? Stakeholders react to draft report (IP Watch)

US: District Court S D New York denies motions to dismiss in gene patent case: Association for Molecular Pathology v USPTO (Inventive Step) (Patent Docs) (Patent Baristas) (Ars Technica) (The IP Factor) (Patently-O) (IP Watch)

Ceclor (Cefaclor) – Canada: Eli Lilly successful in patent infringement action against Apotex (Pharmacapsules @ Gowlings)

Oxytrol (Oxybutynin) – US: Watson and Barr settle patent litigation (SmartBrief)

Plavix (Clopidogrel) – US: Supreme Court rejects Plavix patent challenge by Apotex (GenericsWeb) (IP World)

Razadyne (Galanthamine) – US: CAFC: Patent enablement requires more than a guess: In re ‘318 Patent Infringement Litigation (The IP Law Blog)

Tricor (Fenofibrate) – US: Impax Laboratories challenges Abbott’s patent relating to Tricor (SmartBrief)

Zyprexa (Olanzapine) – Canada: Federal Court decides Apotex precluded from pursuing current NOA which is null and void: Eli Lilly Canada v Apotex (Pharmacapsules @ Gowlings)

Zyprexa (Olanzapine) – Canada: Federal Court finds patent invalidity: Eli Lilly v Novopharm (Pharmacapsules @ Gowlings)

Zyprexa (Olanzapine) – Germany: Xth Senate of Bundesgerichtshof allows appeal against decision rendering Eli Lilly’s patent for pharmaceutical compound Olanzapine null and void: Eli Lilly & Co v Egis Gyogysergya Rt (JIPLP)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

EPO Administrative Council fails to reach agreement on who should be next EPO President (IPKat) (IAM) (Managing Intellectual Property)

Study conducted by Stuart J H Graham and Dietmar Harhoff concludes US would benefit from EPO-style opposition (Peter Zura's 271 Patent Blog) (IAM)

Korean Intellectual Property Office announces super speedy green patent application examination (Green Patent Blog)

Intellectual Capital Management: Are you riding the wave? IP Think Tank Podcast 22 October 2009 (IP Think Tank)

Systemic risks to IP and intangible assets (Business IP and Intangible Assets Report and Blog)

Systemic risks to IP and intangible assets held by SME’s and SMM’s (Business IP and Intangible Assets Report and Blog)

Converging and bundling intangible assets to meet company’s core mission (Business IP and Intangible Assets Report and Blog)

Intangible asset risk management – the 4G of information asset protection (Business IP and Intangible Assets Report and Blog)

‘Knowledge is power’... especially in the knowledge-based economy! (Business IP and Intangible Assets Report and Blog)

Gurry highlights ‘paralysed’ IP policy (Managing IP)

Oxford IP journal gets its own weblog (IPKat)

So what will branding look like in a small car world? (IP finance)

General Electric’s Chief IP Counsel warns of the dangers of ‘monkeying with the IP system’ (IAM) (BLOG@IP::JUR)

The US is first choice for patent litigation, while Germany beats the UK in Europe (IAM)

For inventor of 21 patents, patent troll litigation not very lucrative (IP Asset Maximizer Blog)

WIPO striving to increase access and protect assets – African-Arab seminar on copyright limitations and exceptions: addressing the needs of affected constituencies (Afro-IP)

African nations score poorly for entrepreneurship, innovation in latest Legatum index (Afro-IP)

Rio 2016: International Olympic Committee have preliminary parley (IP tango)

Joseph Smith and the copyright revelation (1709 Copyright Blog)

From 12 November, Cape Verde declared to be convention country for the purposes of UK Registered Designs Act 1949 (Afro-IP) (Class 99)

China series: Judicial proceedings (Maier & Maier)

ECJ referral - Gallecs and Gallo: is a single initial letter enough to support an opposition? Indústria e Comércio v OHIM, Consorci de l'Espai Rural de Gallecs (Class 46)

CFI: John Deere prevails before CFI with colour combination mark: BCS v OHIM, Deere (Class 46) (IPKat)

CFI finds trademarks containing common element in identical font confusingly similar in Aldi Einkauf GmbH & Co v Goya Importaciones y Distribuciones (Class 46)

CFI: RNAiFect and RNActive: who would get confused?: CureVac v OHIM (Class 46)

CFI: French speakers, visual similarity sink AGILE mark: Peek & Cloppenburg v OHIM (IPKat) (Class 46)

EPO Administrative Council fails to reach agreement on who should be next EPO President (IPKat) (IAM) (Managing Intellectual Property)

EPO presidency: Managing Intellectual Property users make their voice heard (Managing Intellectual Property)

‘Hands off my design’, OHIM style (Class 99)

OHIM e-filing update (Class 99)

Jack Wolfskin relents after negative feedback by customers relating to infringement of “paw” trade mark (Class 46)

Much music to be faced – Dispute between IPRSL and Hotel Goa Marriott over multi-channel music played to entertain guests (Spicy IP)

Delhi High Court upholds jurisdiction; finds no bar against Specific Relief interim injunction in MAZAA trade mark dispute between Coca-Cola and Bisleri (Spicy IP)

Conference on publicly funded patents and technology transfer: A review of the Indian ‘Bayh Dole’ Bill (Spicy IP)

CBC Spark podcast on India’s traditional knowledge digital library (Jeremy de Beer)

Japan’s IP High Court finds 3D seashell chocolate bar shape inherently distinctive and registrable without secondary meaning evidence (JIPLP)

KIPO announces super speedy green patent application examination (Green Patent Blog)

Football legends to be trade marks for beers (IP tango)

‘Made in Mexico’ (IP tango)

Sometimes it’s better not to refrain from trade mark use – MICHALKI trade mark dispute (Class 46)

What are serious reasons for non-use of a trade mark? – PARADIES trade mark dispute (Class 46)

EWHC finds patent covering cigarette packaging foil embossing technology valid and infringed; director and shareholder of first defendant personally liable: Boegli-Gravures SA v Darsail-ASP Ltd and Andrei Ivanovich Pyzhov (PatLit)

EWHC clarifies ‘link’ in trade mark infringement dispute between Daimler and Sany (Managing Intellectual Property)

Sue and settle – but who is the real winner? Morgan Contract Furniture resolves design right infringement claim against PTT Design (Class 99)

Disney: Is it about contents, distribution, or branding? (IP finance)

PepsiCo’s $1.2 billion court no-show in trade secrets misappropriation case brought in connection with AquaFina bottled water (IPKat)

Adequately indentifying trade secrets in California trade secret misappropriation litigation: Brescia v Angelin (JIPLP)

Patent ‘reform’ may happen this year, after all (Patent Docs)

Study conducted by Stuart J H Graham and Dietmar Harhoff concludes US would benefit from EPO-style opposition (Peter Zura's 271 Patent Blog) (IAM)

Slowing down RCEs and lengthening the patent term (Patently-O)

Tracking the use of continuations – working paper by Mark Lemley and Bhaven Sampat (Patently-O)

Federal Circuit proposes changes to rules of practice (Patently-O)

Supreme Court clustering of patent cases (Patently-O)

Stays pending re-examination (Patently-O)

Patent officials: ‘worst is yet to come’ (Peter Zura's 271 Patent Blog)

Summary of local patent rules affecting claim construction practice (Part 6 of 6) (Gray on Claims)

USPTO looks to reduce “stress” of data delivery, seeks high volume dissemination for future (271 Patent Blog)

Michael Jackson’s antigravity step secret is out (ipmINDs)

CAFC: Does a reference’s priority claim to a provisional application alter its 102(e) prior art date?: In re Giacomini (Patently-O)

District Court Delaware imposes limit of ten disputed terms for claim construction in future cases: Grape Tech. Group, Inc v Jungle Networks, Inc (Gray on Claims)

BPAI holds term indefinite and summarizes reasoning behind broadest reasonable interpretation rule: Ex parte Senju Metal Industry Co (Gray on Claims)

Amkor Technology – ITC issues supplemental initial determination finding non-invalidity under 35 USC §§ 102(g) and 103(a) of certain asserted patent claims in investigation concerning Carsem’s importation and sale of encapsulated integrated circuit devices (ITC 337 Law Blog)

Fed Ex Trade Networks - ITC issues seizure and forfeiture order against Fed Ex Trade Network in certain television products (337-TA-617) (ITC Law Blog)

General Electric – ITC issues public version of initial determination in wind turbines investigation finding s 337 violation by Mitsubishi in respect of two patents (ITC 337 Law Blog)

Murata Manufacturing – ITC institutes investigation based on Murata’s complaint against Samsung alleging importation and sale of patent infringing ceramic capacitators (ITC 337 Law Blog)

Toyota – ITC opens investigation into imported Toyota hybrids based on Paice’s allegations of patent infringement (Green Patent Blog)

5^th Circuit interprets ambiguous contract to find assignor has standing to sue for copyright infringement: In re Isbell Records, Inc (Property, intangible)

Associated Press – Shepard Fairey admits evidence destruction and fabrication in battle over Obama ‘Hope’ poster (IP Osgoode)

TTAB Chief Judge J David Sams to step down November 1^st (TTABlog)

District Court N D Illinois: Trademark claims surrounding unjust enrichment not entitled to trial by jury; parties settle trademark dispute on eve of trial: SPSS Inc v Nie (Chicago Intellectual Property Law Blog) (Chicago Intellectual Property Law Blog)

District Court N D Illinois: Chicago 2016 is a trademark, but not all city-plus-Olympic-year marks are: Frayne v Chicago 2016 (Chicago Intellectual Property Law Blog)

TTAB precedential no 42: TTAB denies fraud summary judgment motion due to inadequate pleading of claim: Asian and Western Classics BV v Lynne Selkow (TTABlog)

TTAB precedential no 43: TTAB enters partial summary judgment in 2(d) VUDU opposition: Hewlett-Packard Development Company LP v Vudu Inc (TTABlog)

TTAB reverses RADIUS 2(d) refusal, PTO read registrant’s services too broadly: In re Radius Health, Inc (not precedential) (TTABlog)

Alcesia – ITC denies Alcesia’s request for reconsideration in investigation based on complaint of Philip Morris concerning cigarette packaging (ITC 337 Law Blog)

Aloha Medicinals – Aloha sues Birkdale over apparent relabeling of products (Las Vegas Trademark Attorney)

CityCenter Land – CityCenter seeks declaratory judgment that its proposed use of the name PAPILLON for high-end retail store does not infringe trade mark rights of Papillon Airways (Las Vegas Trademark Attorney)

Price Products – Owner of DRIPSTIK ice cream holder sues for trade mark and trade dress infringement over knockoff product sold under name FUN STIK: Price Products v Juvenile Solutions (Las Vegas Trademark Attorney)

Mellow Beverage Co – MBC, which sells a ‘relaxation’ beverage under the unregistered trademark MELLOW (trade mark applications pending) files trade mark infringement suit against Shannon N Nounna over similar beverage sold under the same name (trademark application pending) (Las Vegas Trademark Attorney)

Rolex Watch USA – Rolex sues Angelika Ryska and Robert Mayer over their sale of ‘replica’ Rolex watches (Las Vegas Trademark Attorney)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

UK to introduce three strikes policy (Michael Geist) (Electronic Frontier Foundation)

Prepare for disconnection! French ‘3 strikes’ law now legal (Ars Technica) (IP Watch)

Chinese authors condemn Google book deal (Managing Intellectual Property) (China Blawg) (China Hearsay)

Happy 40^th birthday internet (Securing Innovation)

Anti-piracy laws and lawsuits fail to change social norms (TorrentFreak)

Discussion of Alan Kaufman’s ‘The Electronic Book Burning’ (1709 Copyright Blog)

Paranoid Android- sharp divide between the approach of old media and new media to copyright and content   (1709 Copyright Blog)

Global access to OER – A report by UNESCO (Creative Commons)

Building out legal permissions on the semantic web (opencontentlawyer.com)

The clash between copyright holders and personal data (1709 Copyright Blog)

Adwords and trademark law (SPICY IP)

Domain names: a UDRP epiphany – UDRP has been misunderstood for ten years after two recent decisions WIPO – mummygold.com and octogen.com (JIPLP)

ICANN meeting – draft applicant guidebook for new TLDs - initial process to be kicked two years into the future (Trademark Blog)

Copyright consultation submissions: Canadian musicians vs Canadian recording industry spokesperson (Michael Geist)

Study finds Canadian C-61 anti-circumvention provisions unconstitutional (Michael Geist)

Business method patents – debate continues (IPblog)

Chinese authors condemn Google book deal (Managing Intellectual Property) (China Blawg) (China Hearsay)

Games on iPhone are 50-90 percent pirated (IP Dragon)

RIAA Anti-piracy partner clueless about BitTorrent (TorrentFreak)

It’s my party and I’ll cry if I want to: Pirate Party (JIPLP)

3-strikes for Pirates makes European comeback tour (TorrentFreak)

European Commission paper on single market for creative content (IP Watch)

OHIM now using Twitter and YouTube (Class 46)

Prepare for disconnection! French ‘3 strikes’ law now legal (Ars Technica) (IP Watch)

Denic softens its registration rules (IPKat)

Pirate Bay founders banned from running the site (TorrentFreak)

Fresh Pirate Bay purchase attempt by four potential buyers (TorrentFreak)

ISP threatens legal action against UK over anti-piracy plans (TorrentFreak)

UK to introduce three strikes policy (Michael Geist) (Electronic Frontier Foundation)

Facebook for scientists gets millions in funding – social network for scientists and researchers (Technology Transfer Tactics)

Patenting the virtual world: Webkinz (12:01 Tuesday)

ITC decides to review and affirm initial determination in investigation concerning 3G mobile handsets involving InterDigital (complainant) and Nokia (respondent) (ITC 337 Law Blog)

Apple – Nokia asserts 10 patents against Apple relating to iPhone (IPKat) (Tangible IP) (IAM)

Memorylink – Memorylink gets to fight another day in patent inventorship dispute Memorylink Corp v Motorola Inc (Property, intangible)

Sandisk – ITC throws out Sandisk’s attempts to prevent imports of flash memory into the US (The IP Factor)

SiRF Technology - Federal Circuit to hear oral argument in SiRF Technology appeal against ITC decision on November 4 (ITC Law Blog)

Prepaid providers seek to put locks on your phone and their hands in your pocket (EFF)

‘Hall of Shame’ calls out bogus internet censorship (Electronic Frontier Foundation)

Sony CEO pleads poverty but the movie industry is loaded (TorrentFreak)

Oh Hollywood: Netflix profit leaching and longer movie rental delays (Public Knowledge)

District Court S D New York: Summary judgment in favour of Verizon on ringtone royalty case (IPKat)

Texas Instruments – TI still issuing DMCA takedown letters over online discussions about techniques to get more functionality from TI calculators (Electronic Frontier Foundation)

US Chamber of Commerce – US Chamber of Commerce issues DMCA takedown notice against ‘parody’ website (IP Watch) (Public Knowledge)

Google – Soaring Helmet voluntarily dismisses Google from AdWord trade mark lawsuit against Bill Me (Technology & Marketing Law Blog)

Google – Daniel Jurin finds new attorney and files new AdWords complaint against Google (Technology & Marketing Law Blog)

Google – Court tosses false endorsement and conspiracy claims but remainder of Rosetta Stone’s case against Google over AdWords remains in tact (Technology & Marketing Law Blog)

Google – Google’s voluntary dismissal of declaratory judgment action fails to affect venue (Technology & Marketing Law Blog)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

US: Senate Judiciary Committee passes amended Preserve Access to Affordable Generics Act (S.396) banning pay-for-delay settlements (Patent Baristas)

Vigamox (Moxifloxacin) – US: District Court S D New York finds Teva infringed Alcon’s patent covering Vigamox (Patent Docs) (IP Factor)

Alphagan (Brimonidine) – US: District Court Delaware rules that proposed products by Apotex and Exela infringe Allergan’s asserted patent claims (Patent Docs) (SmartBrief) (GenericsWeb)

Disagreements remain in WHO talks on virus-sharing after Chan proposal (IP Watch)

Billable hour is dying: Pfizer sets another nail into the coffin (BLOG@IP::JUR)

Advocates warn against ‘monsantosizing’ of global food sources (IP Watch)

Brazil, India to take EU to court in generics row(GenericsWeb)

EU: Synaptech for ECJ reference: to join with Synthon v Merz? (The SPC Blog)

EU: European Federation of Pharmaceutical Industries and Associations unveils anti-counterfeit authentication system (IP Watch)

US: Time Magazine on data exclusivity debate (Patent Docs)

US: BIO’s IPCC Conference: Behind the scenes look at patent cases – Mayo v Prometheus; Bilski v Doll; Laboratory Court of Am. Holdings v Metabolite Labs (Patent Baristas)

US: BIO’s IPCC Conference: Patent re-examination in the life sciences (Patent Baristas)

US: Senate Judiciary Committee passes amended Preserve Access to Affordable Generics Act (S.396) banning pay-for-delay settlements (Patent Baristas)

US: TTOs wary of new recommendations from Task Force on IP and Genetic Testing that could weaken patent protection for genetic research (Technology Transfer Tactics)

US: Empirical research fails to support gene patenting ban (Patent Docs)

US: Banyu Pharmaceutical files suit seeking review and correction of patent term adjustment calculation for patent covering ‘fused ring 4-oxypyrimidine derivative’ (Patent Docs)

US: Rockefeller University files suit seeking review and correction of patent term adjustment for patent covering ‘methods of detecting, measuring and evaluating modulators of body weight in biological samples and diagnostic, monitoring and therapeutic uses thereof’ (Patent Docs)

US: Centre National De La Recherche Scientifique files suit seeking review and correction of patent term adjustment calculation in respect of patent covering ‘method for producing oligopolysaccharides’ (Patent Docs)

US: Gen-Probe asserts 8 patents against Becton Dickinson over its manufacture and sale of its ‘Viper’, ‘Viper with XTR Technology’ and ‘ProbeTec’ products (Patent Docs)

Alphagan (Brimonidine) – US: District Court Delaware rules that proposed products by Apotex and Exela infringe Allergan’s asserted patent claims (Patent Docs) (SmartBrief) (GenericsWeb)

Angiomax (Bivalirudin) – US: The Medicines Company continues lobbying push for Angiomax patent term extension legislative fix; latest iteration of the “Dog ate my homework act” maintains $65 million late fee (FDA Law Blog)

Caduet (Atorvastatin) - US: Sandoz files suit seeking declaratory judgment of invalidity and non-infringement of Pfizer’s patents based on Sandoz’ filing of an ANDA to manufacture generic Caduet (Patent Docs)

Circumvent, Porcilis, CircoFlex (Porcine circovirus vaccines) – US: Wyeth files patent infringement suit against Intervet, Boehringer Ingelheim Vetmedica based on their manufacture and sale of Circumvent, Porcilis and CircoFlex (Patent Docs)

Copaxone (Glatiramer) – US: Teva files patent infringement suit against Mylan and Natco following Para IV challenge (Patent Docs)

Famvir (Famciclovir) – US: Teva loses bid to have Novartis’ patent infringement suit dismissed for lack of standing (Patent Docs)

Lexapro (Escitalopram) – US: Infosint awarded $15M as reasonable royalties in patent dispute with Lundbeck and Forest over patent covering Lexapro (Patent Docs)

Lipitor (Atorvastatin) – Philippines: Pfizer files patent infringement suit against United Laboratories over generic Lipitor (GenericsWeb)

Luvox (Fluvoxamine) – US: Elan files patent infringement suit against Anchen following Para IV challenge (Patent Docs)

Namenda (Memantine) – US: Court signs off on stipulation and order resolving patent dispute between Sun India and Forest (Patent Docs) (GenericsWeb)

OxyContin (Oxycodone) – US: Purdue files patent infringement suit against Ranbaxy in response to its Para IV challenge (Patent Docs)

Taxotere (Docetaxel) – Canada: Non-jury trial begins for case in which Sanofi-Aventis unit accuses Hospira and Apotex of infringing Taxotere patents (GenericsWeb)

Toltrazuril (Traizine-based anti-coccidial) – US: Bayer Healthcare files patent infringement suit against Wedgewood Village Pharmacy over its manufacture and sale of its Toltrazuril product (Patent Docs)

Vigamox (Moxifloxacin) – US: District Court S D New York finds Teva infringed Alcon’s patent covering Vigamox (Patent Docs) (IP Factor)

Vyvanse (Lisdexamfetamine) – US: FDA determines Vyvanse was properly granted five-year market exclusivity (GenericsWeb)

Xeloda (Capecitabine) – US: Hoffmann-La Roche files patent infringement suit against Teva following Para IV challenge (Patent Docs)

Yasmin (Drospirenone, Ethinyl estradiol) –US: Bayer loses bid to have CAFC overturn ruling patent invalidity in battle with Teva (GenericsWeb)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

New USPTO procedures likely to delay action in requests for continued examination of patent applications (IP Spotlight) (Patently-O) (Inventive Step)

12 Republican Senators send letter to Senate Majority Leader re concerns about post-grant review provisions in S.515 (Inventive Step) (Peter Zura's 271 Patent Blog)

Questions on acquiescence for ECJ in Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc (Class 46) (IPKat)

Should entrepreneurs care about IP and should IP Offices help them - IP Think Tank podcast, 8 October 2009 (IP Think Tank)

ACTA remains closed: The difference between inclusion and transparency (Public Knowledge)

Can one contract around a trade secret? (IP finance) (IP finance)

Why licensing negotiations fail (Innovationpartners)

Patent reality check: Litigation not a viable revenue source for most inventors (IP Asset Maximizer Blog)

Dow and Fuji Xerox join Eco-Patent Commons; scheme needs more commitment if it is ever to be a success (Managing IP) (IAM)

The coming explosion of the patent monetization market: Brought to you by Open Innovation and what needs to happen in order to speed up the process (IP Asset Maximizer Blog)

Researchers to unlock codes for open source green energy (Patent Lens)

Perpetual protection of traditional knowledge ‘not on table’ at WIPO (IP Watch)

Paranoid Android- sharp divide between the approach of old media and new media to copyright and content   (1709 Copyright Blog)

Copyright and A2K: a useful list (1709 Copyright Blog)

Patent literature and innovation in Africa (Patent Lens) (IP Watch)

Association of East Asian Nations – China: IPR cooperation and standard MOUs (IP Dragon)

Australian Federal Court finds claim is a mere collection of elements in light of claim construction: Smith & Nephew Pty Ltd v Wake Forest University Health Sciences (GRAY On Claims)

Mischa Accessories opposes Mischa Barton’s application to register her own name for goods including handbags (IPKat)

Rio 2016: First English translation of the new law (IP tango)

Towards a parody consensus – push and pull of copyright reform (Excess Copyright)

Departing executives owe continuing fiduciary duty to former employer not to use confidential information or poach business opportunities: Gastops v MxI (ipblog.ca)

Ontario government to cover retroactive Access Copyright bills (Michael Geist)

Telefonica Chile to operate under trade mark Movistar (IP tango)

US-China Economic and Security Review Commission report to Congress: From visible IPR infringements to undetectable cyber espionage (IP Dragon)

IPR/espionage ping-pong case: Fiat sues Great Wall, Great Wall sues Fiat (IP Dragon) (China Hearsay)

IPR challenges in Geely-Ford talks about Volvo (IP Dragon) (China Hearsay)

Massive Chinese copyright trade at Frankfurt Book Fair (IP Dragon)

Russia to China: Kalashnikov assault rifle copyright should be protected (IP Dragon) (The IP Factor)

China trademark law. It’s all good – discussion of World Trademark Review article ‘Research reveals increased US confidence in China’s rights enforcement regime’ (China Law Blog)

Administrative patent proceedings within the Chinese government (Maier & Maier)

Chinese counterfeit integrated circuits sold to US Navy. How to identify them? (IP Dragon)

Legal victory for Coca Cola over trade mark (IP tango)

Danish Supreme Court affirms decision forcing food stall operator using ORIENTEXPRESSEN to change her trade mark (Class 46)

Questions on acquiescence for ECJ in Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc (Class 46) (IPKat)

EWHC questions referred to ECJ in L'Oréal SA v eBay now available on Curia (Class 46)

Disruptive innovations: aspects of German and European woes (BLOG@IP::JUR)

Another brick in the wall? - Alicante News reports on registered Community design invalidation case ICD 5353 (Class 99)

FORD scores at Spanish CTM Court (Class 46)

Ravioli and beans get GI status (Class 46)

Lappish beer migrating south – Lapin Kulta (Class 46)

SFR loses right to French trade mark Texto (Class 46)

Court of Cologne upholds preliminary action lodged by Consorzio del Formaggio Parmigiano Regganio and grants seizure of Argentinian ‘parmesano’ and ‘reggianito’ cheese at the international Anuga food and beverage trade fair (Class 46)

Is this a setback for NPEs thinking about moving into Germany? (IAM)

Jack Wolfskin gets some heat in Germany over its aggressive enforcement of trade mark rights in its ‘paw’ sign (Class 46)

Patenting landscape in India (Patent Baristas) (India Patents)

Patent application filing (graphs) (ipmINDs)

India’s pre-grant patent oppositions – a true remedy? (IP Osgoode)

Changing trends in grant of temporary injunctions in IP cases (Spicy IP)

Irish make IP-friendly amendments to Finance Act (IP finance)

Israel Supreme Court allows generic Apropo snack (IP Factor)

Does a mark give rights to an opposite word by association? SMALL TALK vs BIG TALK (The IP Factor)

Bad faith and bona fide intentions (Afro-IP)

No sweet success for Wander against Dr Oetker in trade dress dispute over caramel puddings (Class 46)

EWHC: Committal for contempt not fit for ‘grey area’ disputes: Grisbrook v MGN Ltd & Ors (IPKat) (PatLit)

EWCA: Skilled reader ‘taken to know patent law’; patent valid and infringed; design right issue not raised in appeal: Virgin Atlantic v Premium Aircraft Interiors due Thursday 22 Oct(IPKat) (Class 99) (Class 99)

Sex Pistols threaten boutique ice-cream maker Icecreamists with actions for passing off and trade mark and copyright infringement over their ‘God Save the Cream’ slogan (IPKat)

Hundred years war or merely thirty? Goalless draws and penalty shoot-outs - Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc (IPKat)

PPL’s efforts to secure via Copyright Tribunal appropriate licence fees from bars, cafes, shops and offices frustrated by Tribunal’s ‘one-size-fits-all’ fee ruling (1709 Copyright Blog)

Charity chips and dodgy patent claims – ActionAid’s unsuccessful patent application (IPKat)

USPTO schedules roundtable discussion on worksharing (Patent Docs)

First Circuit takes novel view of attorney work product privilege: United States v Textron Inc (Patent Docs)

12 Republican Senators send letter to Senate Majority Leader re concerns about post-grant review provisions in S.515 (Inventive Step) (Peter Zura's 271 Patent Blog)

Hewlett Packard pulls out of patent reform group Coalition for Patent Fairness, according to reports (IAM)

New USPTO procedures likely to delay action in requests for continued examination of patent applications (IP Spotlight) (Patently-O) (Inventive Step)

USPTO expands and ‘enhances’ first action interview pilot program (I/P Updates)

Arti Rai appears to be on her way to becoming UPSTO’s next Administrator for External Affairs (Peter Zura's 271 Patent Blog)

Federal Circuit may offer patent, tech policy guidance for High Court (IP Watch) (PatLit)

Second pair of eyes review – is the wicked witch really dead? (Patents4Life)

Role of Washington DC District Court in patent cases (Patently-O)

Did you know... the prevailing party in a section 337 investigation is not automatically a party on appeal at the Federal Circuit? (ITC 337 Law Blog)

Revealed! How much money a ‘patent troll’ makes (The Prior Art)

Hospital TTO takes a different path to commercialisation with private sale of IP (Technology Transfer Tactics)

CAFC: Attendance at single trade show to display infringing product sufficient for personal jurisdiction: Synthes (U.S.A.) v G.M. Dos Reis Jr. Ind. Com. de Equip. Medico (Filewrapper)

BPAI finds claim indefinite and not directed to patentable subject under Bilski: Ex parte Hemmat (GRAY On Claims)

District Court N D Illinois: KSR obviousness does not require prior art from the same field: Se-Kure Controls, Inc v Diam USA, Inc (Chicago Intellectual Property Law Blog)

District Court E D Texas finds plaintiff has standing; agreement transfers ownership and simultaneously a conditional purchase by transferor from transferee: Balsam Coffee Solutions Inc v Folgers Coffee Co (Property intangible) (Property intangible)

Amsted – Initial determination of s 337 violation by respondents Standard Car Truck Co and others in investigation concerning cast steel railway wheels (ITC 337 Law Blog)

General Electric – Public version of recommended determination on remedy and bonding in investigation concerning variable speed wind turbines brought by General Electric against Mitsubishi (ITC 337 Law Blog)

Hewlett Packard – ITC to investigate importation and sale of inkjet supplies in response to complaint by HP against numerous respondents including Zhuhai Gree Magneto-Electric, InkPlusToner.com, Mipo International and others (ITC 337 Law Blog)

MEI – It’s alive! Or on life support, at least - MEI v JCM American Corp stayed pending outcome of Mars v Coin Acceptors (Property, intangible)

O2 Micro – ITC judge grants in part O2’s motion for summary determination of importation by ASUSTeK in investigation concerning cold cathode fluorescent lamp inverter circuits (ITC 337 Law Blog)

Ricoh – ITC institutes investigation concerning printing and imaging devices against Oki Data (ITC 337 Law Blog)

Safe Skies – ITC institutes investigation regarding dual access locks following complaint by Safe Skies against numerous respondents including C&C Luggage, Formosa Tai Rank Industrial and others (ITC 337 Law Blog)

US Army – US Army’s purchase of three pre-expired patents (12:01 Tuesday) (12:01 Tuesday)

Qimonda – Initial determination of no s 337 violation by respondents LSI, Seagate in investigation concerning semiconductor integrated circuits (ITC 337 Law Blog)

Denying DVD consumers what they want – LA Times discusses initiatives by some studios to perpetuate in DVD rental market classic tiered release schedule for movies (Moral Panics and the Copyright Wars)

Rock Art – Rock Art uses social media campaign to fend off copyright challenge by Monster (IP ADR Blog)

David Kappos comments on fraud and other trademark issues (TTABlog)

Thoughts from the TTABlog: Fraud in the post-Bose era (TTABlog)

Stephen Feingold on ‘Why you should think twice before accepting a 2(f) registration’ (TTABlog)

District Court N D Illinois: Owner can be personally liable for corporate trademark infringement: More Cupcakes, LLC v Lovemore, LLC (Chicago Intellectual Property Law Blog)

District Court M D Florida: Logo designer loses (and should have): FSC Franchise v Express Corporate Apparel (Property, intangible) (Property, intangible)

Ninth Circuit affirms injunction against nutritional supplement seller in trademark and trade dress infringement case: CytoSport v Vital Pharmaceuticals (Seattle Trademark Lawyer)

District Court Oregon declines to adopt Magistrate’s decision as inconsistent: Adidas America v Calmese (Seattle Trademark Lawyer)

District Court E D California finds ex parte temporary restraining order not justified in trade dress case: Ruiz Food Products v Camino Real Foods (Seattle Trademark Lawyer)

TTAB precedential no 41: Applicant loses third party registration battle, TTAB finds floor tiles and roof tiles related: In re G.B.I. Tile and Stone, Inc (TTABlog)

TTAB reverses Board’s s 2(d) refusal: TRINITY & Des vs TRINITY CLASSIC & Des: In re Trinity Episcopal Church of Baton Rouge (not precedential) (TTABlog)

Green Building Initiative – GBI sues Green Globe International over use of GREEN GLOBE mark (Green Patent Blog)

North Face – Parody defense to trade mark infringement: North Face vs South Butt (The IP Law Blog)

World Wrestling Entertainment - WWE oppose Philadelphia Wine School’s attempt to register ‘Sommelier Smackdown’ for food and wine event (IPKat)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Google book digitisation prompts EU to rethink copyright – EC communication on ‘Copyright in the Knowledge Economy’ (Ars Technica) (IP Watch) (Managing IP)

China Written Works Copyright Society objects to Google settlement (IP Dragon) (China Hearsay)

French Conseil Constitutionnel rules country’s new and improved internet disconnection law is now legal (Ars Technica)

UK All Party Parliamentary Communications Group oppose three-strikes internet plan (Managing IP) (Michael Geist) (TorrentFreak)

Misuse of a patent pool: En banc Federal Circuit to decide whether CD-R/RW patentees improperly sequestered alternative technologies: Princo Corp v ITC (Patently-O) (Filewrapper)

The GPL and you. Don’t be confused. (IP Think Tank)

Get ready for the real time web (BlawgIT)

New gTLDS: ICANN’s proposal to protect trade mark owners rights: make noise before 22 November 2009 (Class 46)

CC licensed photos and the International Olympic Committee (Creative Commons)

Rio 2016: broadcasting rights were sold months ago (IP tango)

A real Canadian copyright debate (Excess Copyright)

Licence agreements and ownerships: second hand sales of software (IP Osgoode)

Canadian Universities too closed minded on open access (Michael Geist)

Google facing court battle on copyright over failure to remove infringing material from YouTube (IP tango)

China Written Works Copyright Society objects to Google settlement (IP Dragon) (China Hearsay)

Tomatolei.com copyright infringement case: four sentenced to imprisonment (Business Software Alliance)

P2P file share and internet tv’s – winning buyers in China despite piracy concerns (China Hearsay)

Google book digitisation prompts EU to rethink copyright – EC communication on ‘Copyright in the Knowledge Economy’ (Ars Technica) (IP Watch) (Managing IP)

EU: simpler music licensing in sight? – Joint statement from the Online Commerce Roundtable participants on ‘Gerneral principles for the online distribution of music’ (1709 Copyright Blog)

Enforcement of rights on the internet in Belarus and Ukraine (Class 46)

Nokia sues Apple, says iPhone infringes patents (Ars Technica)

Conseil Constitutionnel rules country’s new and improved internet disconnection law is now legal (Ars Technica)

Winny developer acquitted - Japanese Court quashes conviction over file-sharing software (Lenz Blog)

Court orders The Pirate Bay to delete torrents (TorrentFreak)

Al Jazeera blogs go CC (Creative Commons)

Anti-piracy group aims for huge Bit Torrent site purge (TorrentFreak)

The government is giving some thoughts on online IP infringement (Class 46)

Pirate Bay takes bias claim to Supreme Court (TorrentFreak)

Pirate Bay appeal postponed til Summer 2010 (TorrentFreak)

Commissioning Editor for Education at Channel 4 set to drop a file-sharing bomb on digital Britain (TorrentFreak)

70% of British public oppose disconnecting file-sharers (TorrentFreak)

UK All Party Parliamentary Communications Group oppose three-strikes internet plan (Managing IP) (Michael Geist) (TorrentFreak)

ISP filches open WiFi in fight against three-strikes law (Ars Technica)

Proposed anti-piracy legislation is flawed, ISP TalkTalk says (TorrentFreak)

Leading UK cinema implements MPAA laptop ban (TorrentFreak)

Copyright threats against compulsive singer withdrawn (TorrentFreak)

White House shares the ACTA internet text with 42 Washington insiders, under non-disclosure agreements (KEI)

News is not the issue, advertising is – News industry woes (Singularity Law)

District Court C D California: Domain names as property subject to creditor claims: Bosh v Zavala (Technology & Marketing Law Blog)

Academics debate patent “exhaustion doctrine” - Quanta Computer Inc v LG Electronics Inc (IP Watch)

District Court N D Illinois: Whether software operates in one or three modes is a question of fact: Rosenthal Collins Group, LLC v Trading Techs. Int’l, Inc (Chicago Intellectual Property Law Blog)

District Court E D Kentucky: Was this award for counsel fees ‘exceptional’ or less?: iLor v Google (ISinIP)

Princo - Misuse of a patent pool: En banc Federal Circuit to decide whether CD-R/RW patentees improperly sequestered alternative technologies: Princo Corp v ITC (Patently-O) (Filewrapper)

Radio ‘pay to play’ law ready for vote in House, Senate (Ars Technica)

District Court N D California decision in Louis Vuitton Malletier SA v Arkanoc Solutions, Inc et al – ISPs not just tubes (IP Osgoode)

Chamber of Commerce – Chamber of Commerce takes aim at Yes Men – tries to take down parody site after embarrassing prank (EFF)

Facebook – Power.com’s motion to dismiss denied in battle over whether Power.com can allow its users to access user data on Facebook’s network (Technology & Marketing Law Blog)

Google – EFF urges court to ensure fairness in Google Book Search settlement amendment process (EFF)

Texas International Property Associates - Nevada District Court dismisses some of Texas domainer’s counterclaims against World Market Centre (Las Vegas Trademark Attorney)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

US: Senate Judiciary Committee passes bill against “pay for delay” drug settlements (Prior Art) (Patently-O) (Patent Docs)

Valcyte (Valganciclovir) – US: District Court New Jersey finds Roche’s Valcyte patent valid and not infringed by Ranbaxy (Patent Docs) (GenericsWeb)

Médecins Sans Frontiéres calls on drug companies to pool HIV patents (Patent Docs) (IP Osgoode)

Medicines for Rwanda but what about the “drug miles”? (Afro-IP)

200,000 die annually because of fake malaria medicine – Smithsonian article ‘The Fatal Consequences of Counterfeit Drugs’ (Innovationpartners)

‘Translational medicine’ (IPKat)

Brazil: Brazilian Ministry of Health calls for partnerships between public laboratories and private companies (IP tango)

Brazil: Rio 2016 – who will pay and how? – response to IAM article suggesting pharmaceutical companies will subsidise Rio 2016 (IP tango)

EU: India, Brazil to file WTO complaint against the EU over ‘seizures’ of pharma drug consignments (Spicy IP)

US: PhRMA supports follow-on biologics regulatory pathway providing 12 years of data exclusivity (Patent Docs)

US: Senators Orrin Hatch, Barbara Mikulski, Michael Enzi and Kay Hagan write in support of 12-year data exclusivity period (Patent Docs)

US: New England Journal of Medicine say five years of data exclusivity would be sufficient (Patent Docs)

US: Maybe Hatch-Waxman data exclusivity isn’t so good for traditional drugs after all (Patent Docs)

US: Senators introduce access to affordable medicines act to close labelling change “loophole”; Companion Bill to Senate Drug Price Competition Act of 2009 - Introduced in House (FDA Law Blog)

US: Senate Judiciary Committee passes bill against “pay for delay” drug settlements (Prior Art) (Patently-O) (Patent Docs)

US: Dr Tafas files reply to USPTO/GSK motion to dismiss appeal and vacate district Court judgment – Tafas v Kappos (Patent Docs)

US: Chugai Seiyaku Kabushiki Kaisha files suit seeking review and correction of patent term adjustment calculation (Patent Docs)

US: Be all you can’t be: Army patent ambushed by friendly fire (12:01 Tuesday)

US: Patentable subject matter: Federal Circuit upholds patentability of drug dosage method claim – Prometheus Labs v Mayo Clinic (Patently-O) (Patently-O)

US: Declaratory Judgment standing – must all patent owners be joined? In re KGK Synergize (non precedential) (Patently-O)

US: Myriad sticks to its business model despite legal action brought by PUBPAT and others: Association for Molecular Pathology v USPTO (Patent Docs)

US: Amazing race: Win $250,000 for commercialising biomedical research (Patent Baristas)

US: BIO survey on technology transfer shows complexity of university-industry relationships (PatentBIOtech)

Adderall (Dextroamphetamine, Amphetamine) – US: Shire announces settlement with Sandoz over Adderall (Patent Docs) (GenericsWeb)

Allegra (Fexofenadine) – US: Aventis files patent infringement suit against Sun Pharmaceuticals following Para IV challenge (Patent Docs)

Angiomax (Bivalirudin) – Medicines Co files patent infringement suits against Teva and AAP following Para IV certification as part of Teva’s ANDA to manufacture generic Angiomax (Patent Docs)

Atripla, Truvada (Tenofovir, Emcitrabine) - US: Teva files counterclaims of patent invalidity in Gilead suit – Gilead Sciences Inc v Teva Pharmaceuticals (Patent Docs)

Copaxone (Glatiramer acetate) – US: Teva files patent infringement suit against Mylan in response to Para IV filing (PatLit) (SmartBrief) (IP Factor)

Cozaar (Losartan) – Denmark: Losartan and Caspofungin granted paediatric extensions (The SPC blog)

Duac (Clindamycin, Benzoyl peroxide) – US: Perrigo announces dismissal with prejudice of Hatch-Waxman litigation relating to Duac filed by Stiefel (GenericsWeb)

Efudex (Fluorouracil) – US: FDA racks up another win in bioequivalence litigation; this time over generic Efudex (FDA Law Blog)

Evista (Raloxifene), Xigris (Drotrecogin alfa) – US: Amici briefs in Ariad v Lilly (Holman's Biotech IP Blog) (Patently-O)

Fabrazyme (Agalsidase beta) – US: Shelbyzyme files patent infringement suit against Genzyme over manufacture and sale of Fabrazyme(Patent Docs)

Gemzar (Gemcitabine) – US: Eli Lilly files patent infringement suit against Sandoz following Para IV challenge(Patent Docs)

Rogaine (Minoxidil) – US: Steifel files patent infringement suit against Perrigo following Para IV challenge (Patent Docs)

Valcyte (Valganciclovir) – US: District Court New Jersey finds Roche’s Valcyte patent valid and not infringed by Ranbaxy (Patent Docs) (GenericsWeb)

Vfend (Voriconazole) - US: Pfizer announces settlement and license agreement with Mylan related to Vfend (SmartBrief) (SmartBrief)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

USPTO rescinds patent claim and continuation rules (IP Spotlight) (Patently-O) (Filewrapper) (Technology Transfer Tactics) (Inventive Step)

ECJ: Diesel ruling affirms that exhausting still trumps trademarks, but consent must be unequivocal: Makro Zelfbedieningsgroothandel CV, Metro Cash & Carry BV and Remo Zaandam BV v Diesel SpA (Class 46) (IPKat)

Excavate your fossils to make your reservation – is IP lost in translation? (IP Think Tank)

IP Hall of Fame – your chance to nominate (IP Think Tank Blog) (Patent Baristas) (IAM)

LexisNexis: semantic search patent research (Securing Innovation)

Patent litigation demand over the next 12 months looks flat in the US and UK according to Fulbright & Jaworski’s 6^th Annual Litigation Trends Survey (IAM)

L-RAMP – The role of patent law in the public interest (IP Frontline)

Beware of bogus patent analytics: forward citation analysis leads to false conclusions about significance of client’s patent (IP Asset Maximizer)

Recent fee increases for foreign patent offices acting as ISA for the PCT (Patent Docs)

Africa must nurture home-grown brands (Managing IP)

Green patent power: Griffith Hack report analyses hybrid car patents (Green Patent Blog)

Patent litigation and the reporting of forward expectations – Australian Appeals Court lifts temporary injunction against Smith & Andrew temporary foam dressing kit (PatLit)

Rio 2016: here’s the original text of the Olympic Act (IP tango)

Rio 2016: Wikipedia as a source (IP tango)

Professor Jeremy de Beer criticises recent court rulings on patent disclosure (Pharmacapsules@Gowlings)

The great Olympic sweater debate (IPblog)

Towards a parody consensus (Excess Copyright

Murdoch, Procrustus and the WTO copyright cases (IP Dragon)

Is Coffee-Mate a generic term for Coffee? (IP Dragon)

Denmark’s new transfer pricing IP valuation guideline (IP finance)

ECJ: COLOR EDITION – the A-G delivers his opinion on the application by Lâncome: Lancôme v OHIM and CMS Hasche Sigle (Class 46)

ECJ: Diesel ruling affirms that exhausting still trumps trademarks, but consent must be unequivocal: Makro Zelfbedieningsgroothandel CV, Metro Cash & Carry BV and Remo Zaandam BV v Diesel SpA (Class 46) (IPKat)

CFI: KINDER vs TIMI KINDERJOGHURT: No res judicata, but that’s where the similarity ends: Ferrero SpA v OHIM (IPKat) (Class 46)

EPO introduces time limit for filing divisional applications (IP Frontline)

OHIM and WIPO meet in Spain to discuss cooperation on classification issues (Class 46)

EU prepares a new Intellectual Property rights strategy (IP Watch)

Darjeeling tea almost GI in the EU (Spicy IP)

Notice concerning amendments to the Implementing Regulations to the European Patent Convention – New rule 62a EPC (EPO)

Germany speeds up patent proceedings, remaining EU jurisdiction of choice (IP Expert Group)

Spicy IP Tidbits of Marlboro and Montblanc (Spicy IP)

Revlon fashions a TM trump before Delhi High Court (Spicy IP)

Industrial Property Tribunal rules that ARIPO patents cannot be revoked in Kenya: Chemserve Cleaning Services Ltd v Sanitam (EA) Services Limited (Afro-IP)

WIPO Director General applauds Lebanon’s IP efforts (IP Frontline)

Is it a patent, is it a copyright, is it a morals rights dispute? Sidemans and Company Nigeria Limited v Calag Capital Limited (Afro-IP)

Personal circumstances in trade mark registration (Class 46)

FIFA v Metcash trade mark case – Owen Dean’s response (Afro-IP)

South Africa 1 – Ambush Marketers 0: legal framework to help FIFA and 2010 World Cup sponsors protect their rights (Managing IP)

New developments in Swiss patent law (IP Frontline)

Federal Administrative Court finds PARK AVENUE not descriptive for publications (Class 46)

Tanzania’s IP changes are good for business (Managing IP)

Thailand becomes PCT Member State (Patent Docs)

Corn flakes, corn fakes and a new concept in branded breakfast cereals (IPKat)

USPTO and ARIPO sign bilateral cooperation agreement (Patent Docs)

Kappos to speak at ACCA 2009 annual meeting in Boston (271 Patent Blog)

USPTO rescinds patent claim and continuation rules (IP Spotlight) (Patently-O) (Filewrapper) (Technology Transfer Tactics) (Inventive Step)

Kappos starts to tackle the 700,000 patent backlog (IPKat)

USPTO proposes changes to count system (Patent Docs) (Patent Baristas)

Locke Commerce Dept pushing early statutory patent reform (IP Frontline) (Patent Docs) (Technology Transfer Tactics)

BPAI finds claims indefinite and not directed to patentable subject matter under Bilski: Ex parte Hemmat (Gray On Claims)

District Court E D Texas: Motion to dismiss resolved in patent infringement plus case: Ola, LLC v Builder Homesite, Ltd (EDTexweblog.com)

Datatern - Foley tries turning tables on Spangenberg (Patent Litigation Weekly)

Rothschild, Prof Gertrude Neumark - Sony Ericson settles ITC patent suit with LED Professor (Green Patent Blog)

Toyota - Toyota’s alleged infringing patents may block imports to the US – ITC to investigate Toyota following complaint by Paice (IPKat)

ITC finds in favour of Phillip Morris issuing general exclusion order directed to gray market cigarettes bearing the Marlboro, Virginia Slims and Parliament trade marks (ITC 337 Law Blog)

TTAB: Is SCENT STRIPES merely descriptive of plastic garbage bags?: In re Intellectual Property Development Corporation Pty Ltd (not precedential) (TTABlog)

TTAB sustains Nike’s Section 2(e)(2) opposition to B-MORE for clothing: Nike, Inc v Gregory A Bordes (not precedential) (TTABlog)

TTAB reverses section 2(E)(2) refusal of CATALINA ISLAND GRANOLA: goods/place association lacking: In re Zeller (not precedential) (TTABlog)

Cold War Museum - CAFC holds argument in appeal from THE COLD WAR MUSEUM cancellation: The Cold War Museum, Inc v Cold War Air Museum, Inc (TTABlog)

Tavern on the Green - $19 million trade mark awakens the City of New York (IPKat)

US Olympic Committee - Chicago Tribune reports on USOC’s enforcement efforts in the Windy City (Seattle Trademark Lawyer)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Sarkozy government allegedly caught red-handed infringing DVD copyrights (IP Watch) (IP Factor)

District Court S D New York: Court rules that phones ringing in public don’t infringe copyright: USA v ASCAP (Electronic Frontier Foundation) (Ars Technica)

Microsoft asks Federal Circuit to reconsider presumption of patent validity: Lucent v Gateway, Dell and Microsoft (Inventive Step) (Patently-O)

Secret ACTA Treaty can’t be shown to public, just 42 lawyers – internet ‘enforcement procedures’ to be included (Ars Technica) (IP Watch)

Open data: Comparing USA v Canada (Michael Geist)

So who are Apple and Google really competing against? (IP finance)

WIPO marks 10^th anniversary of UDRP (WIPO)

AFACT v iiNet: Anti-piracy evidence lacking; Investor condoned infringement; IP address alone is not enough; Anti-piracy tech is secret (TorrentFreak) (TorrentFreak) (TorrentFreak) (TorrentFreak)

Globe confirms Kindle delay due to carrier issues (Michael Geist)

CFTPA warns against targeting P2P in copyright reform (Michael Geist)

Access Copyright collective: Reduce fair dealing, no taping TV shows or format shifting (Michael Geist) (Ars Technica)

CRTC calls for expanded copying for private use (Michael Geist)

Visit to a weird planet: Canadian copyright and trade – Sookman and Schwartz on ‘Internet piracy: Copyright law in Canada and the US’ (Rebecca Tushnet's 43(B)log)

Toronto Raptors’ Chris Bosh wins 800 domains from cybersquatter (Michael Geist) (The Trademark Blog)

Sweet irony: Is IP Dragon liable for hosting IPR infringing Adwords? (IP Dragon

ACTA: Initial discussion on enforcement in the ditigal environment on EU expert level (Blog@IPJUR.com)

Is ANDROID descriptive of computers and mobile devices? Google v OHIM to be appealed to ECJ (Class 46)

Open source software as prior to art in patent oppositions – Amicus submission in G3/08 (IPKat)

Spotify – music’s holy grail or a tune destined to fail (1709 Copyright Blog)

Pirate Party condemns $5.4m claim against P2P operator (TorrentFreak)

Sarkozy government allegedly caught red-handed infringing DVD copyrights (IP Watch) (IP Factor)

Illegal downloads 150x more profitable than legal sales according to pirate tracking outfit DigiRights (TorrentFreak)

German Chancellor Angela Merkel attacks Google’s book project (The 1709 Copyright Blog)

UseNeXT threatens litigation against blogger over post titled ‘UseNeXT: Legitimate downloading of pirated movies’ (TorrentFreak)

Madras High Court vacates ex-parte interim injunction against Google’s Adword policy (Spicy IP)

Winny developer acquitted - Japanese Court quashes conviction over file-sharing software (Lenz Blog) (Managing IP) (Innovationpartners)

Court of Appeal says “no” thrice to The Pirate Bay (TorrentFreak)

Reservella: the shadowy company behind The Pirate Bay (Ars Technica)

Fabricated anti Pirate Bay evidence leaks onto... The Pirate Bay (TorrentFreak)

First IPRED case - alleged pirate walks free (TorrentFreak)

Metro Group obtains metrobar.ch, but not metro-express.ch (Class 46)

Government data, innovation and UK plc (Tangible IP)

UKIPO to adopt OHIM’s ‘case handling’ software (Class 46)

CAFC issues summary affirmance on favour of eBay and Skype in patent infringement suit brought by Peer Communications (IP Frontline)

Acceris - EFF challenges dangerous patent on VoIP systems (Electronic Frontier Foundation)

Apple - Patent case transferred: Prust v Apple Inc (EDTexweblog.com)

Facebook - Facebook ensnared in two social networking patent disputes (Ars Technica)

Microsoft - Microsoft asks Federal Circuit to reconsider presumption of patent validity: Lucent v Gateway, Dell and Microsoft (Inventive Step) (Patently-O)

Question for discussion: The Ralph Lauren DMCA as object lesson (The Trademark Blog)

RIAA and MPAA can’t stop Bit Torrent, study finds (TorrentFreak)

New wave of pirates has psoriasis, frat boy hair; no peglegs – Ars profiles two recent cases of commercial copyright infringement over the internet (Ars Technica)

District Court S D New York: Court rules that phones ringing in public don’t infringe copyright: USA v ASCAP (Electronic Frontier Foundation) (Ars Technica)

Font Bureau – Font Bureau clashes with NBC over font licensing (Ars Technica) (IPKat)

MOG – Will MOG’s sub float? - planned subscription music-streaming service for US customers (1709 Copyright Blog)

YouTube – YouTube’s internal emails reported to be the smoking gun in copyright infringement cases brought by Viacom and Premier League (IPKat)

District Court N D California decision in Louis Vuitton Malletier v Akanoc Solutions et al - ISPs not just tubes (IP Osgoode)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Angiomax (Bivalirudin) – US: Medicines Company files patent infringement suit against PLIVA, Barr, Teva following Para IV challenge (Patent Docs) (America-Israel Patent Law) (The IP Factor) (GenericsWeb)

Humira (Adalimumab) – US: E D Texas find ‘close issue of claim construction’ supports JMOL of no wilful infringement: Centocor Ortho Biotech v Abbot Labs (Gray on Claims) (EDTexweblog.com)

WTO Forum – Bypassing international agreements may hamper medicine access (IP Watch)

Protecting regulatory data in the agricultural industry (IP Osgoode)

Brazil: Pharma companies may well end up subsidising Rio 2016 (IAM)

EU raids Sanofi-Aventis, Novartis and Ratiopharm on suspected antitrust abuse (GenericsWeb)

EU: Paediatric extensions: ‘more disharmony’ (The SPC Blog)

US: NIH shocked to find patents work as expected (Patent Baristas)

US: Industry and academia collaboration pitfalls illustrated in CAFC’s decision in Board of Trustees of the Leland Stanford Junior University v Roche Molecular Systems Inc (Patent Docs)

US: Boehringer Ingelheim Pharma files suit seeking review and correction of patent term adjustment calculation for patent covering ‘process for preparing acyclic HCV protease inhibitors’ (Patent Docs)

Actos (Pioglitazone) – US: Supreme Court refuses to hear Mylan’s appeal over Takeda’s attorneys’ fees (Patent Docs)

Adderall XR (Amphetamine, Dextroamphetamine) - US: Shire and Sandoz settle all pending litigation (SmartBrief)

Amrix (Cyclobenzaprine) – US: Court bifurcates infringement and antitrust determinations in Amrix dispute between Mylan and Cephalon (Patent Docs)

Angiomax (Bivalirudin) – US: Medicines Company files patent infringement suit against PLIVA, Barr, Teva following Para IV challenge (Patent Docs) (America-Israel Patent Law) (The IP Factor) (GenericsWeb)

Antara (Fenfibrate) – US: Lupin acquisition ends Oscient infringement suit (Patent Docs)

Arzzera (Ofatumumab) – US: Glaxo Group seeks declaratory judgment of invalidity and non infringement against Genentech and City of Hope (Patent Docs)

Caduet (Atorvastatin) – US: Pfizer files patent infringement suits against Sandoz in districts of Colorado and Delaware following Para IV challenge (Patent Docs)

Cozaar (Losartan) – Ireland: Grounds for Irish Losartan decision available (SPC blog)

Eloxatin (Oxaliplatin) – US: Federal Court approves Eloxatin settlement agreement between Sanofi Aventis and Sun Pharmaceuticals (Patent Docs)

Evista (Raloxifene), Xigris (Drotrecogin alfa) – US: Ariad v Lilly: Novozme files amicus brief arguing against Lilly written description; talking written description requirement blues – Ariad wobbles (Holman's Biotech IP Blog) (Patents4Life)

Flomax (Tamsulosin) – US: Impax Laboratories reaches agreement with Astellas Pharma and Boehringer Ingelheim to settle pending litigation for Flomax (SmartBrief) (Patent Docs)

Humira (Adalimumab) – US: E D Texas find ‘close issue of claim construction’ supports JMOL of no wilful infringement: Centocor Ortho Biotech v Abbot Labs (Gray on Claims) (EDTexweblog.com)

Luvox (Fluvoxamine) – US: Elan files patent infringement suit against Actavis Elizabeth and Anchen following Para IV challenge (Patent Docs)

Plavix (Clopidogrel) – US: Apotex files suit against Sanofi seeking declaratory judgment of uneforceability based on defendants’ failure to report all information to FTC concerning license agreement between the parties (Patent Docs)

Prandin (Repaglinide) – District Court orders patent use code change; Novo Nordisk appeals (FDA Law Blog)

Seasonale (Ethinyl estradiol, Levonorgestrel) – US: Teva files suit against India’s Lupin to keep oral contraceptive monopoly (IP Factor) (Patent Docs) (America-Israel Patent Law)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Secretary Locke pushes for action on patent reform, increase in PTO fees (Inventive Step) (IAM) (Patent Docs) (Patently-O)

Apple picks Woolworths in trade mark dispute (Australian Trade Marks) (Trademark Blog) (IPKat) (Seattle TM Lawyer)

Intellectual property Nirvana (IP Think Tank Blog)

Apple picks Woolworths in trade mark dispute (Australian Trade Marks) (Trademark Blog) (IPKat) (Seattle TM Lawyer)

Brazil passes its Olympic Act (IP tango)

Rio 2016, the great triumph... and ambush marketing (IP tango)

Canada fast-tracks patents with Denmark, Japan and Korea (Managing IP)

Enhanced IP protection in the event of licensor bankruptcy - amendments to Canada’s Bankruptcy and Insolvency Act and Companies’ Creditors Arrangements Act (IP Frontline)

On CRTC, Kindle, Copyright Board, copyright and controversy (Excess Copyright)

CRTC calls for expanded copying for private use (Michael Geist)

Confused by nuclear reactor marketers? Federal Court decision in trade mark infringement case Atomic Energy of Canada Limited v Areva NP Canada Ltd and Société des Participations du Commissariat à L’énergie Atomique (Excess Copyright)

ECJ decision in PAGO International GmbH v Tirolmilch registrierte Genossenschaft mbH trade marl case: Austria is as significant as bits of Benelux (IPKat)

Flugbörse appeal flies off to the ECJ (Class 46)

Yet another revised proposal for a Council regulation on the Community patent (BLOG@IPJUR.COM)

CFI rules on distinctiveness of small vertical stroke in half smile sign - stroke does not make Smiley Company happy (Class 46)

French trade mark TEXTO, for service in Class 38 cancelled following Cour d'appel de Paris decision (IPKat)

Amendment of the rules regarding time-bar for unfair competition claims (Class 46)

Company names and trade marks in the Russian Federation (Class 46)

No mosaic rule in patent cancellation actions (PatLit)

It’s faster by CTM, but should it be? (IPKat

UK: The latest registration initiatives by the EPO (Class 46)

Community Trade Marks and Design Ltd condemned for misleading the public (Class 46)

Accidental GB designation causes problems – Orkli (UK) Limited (IPKat)

Secretary Locke pushes for action on patent reform, increase in PTO fees (Inventive Step) (IAM) (Patent Docs) (Patently-O)

USPTO proposes change to examiner count system (Maier & Maier)

David Kappos, Director USPTO, rescinds controversial patent regulations package (BLOG@IPJUR.COM) (Managing IP)

Kappos drops out of the chopper shooting (Inventive Step)

Federal Circuit Chief speaks on patent reform (IP Frontline)

Pragmatic Kappos bring USPTO claims and continuations litigation to an end (IAM) (271 Patent Blog)

Summary of local patent rules affecting claim construction practice (Part 5 of 6) (GRAY On Claims)

Expanding first action interview pilot program (Patently-O) (271 Patent Blog)

District Court Delaware dismisses case for lack of standing - recording it doesn’t make it so: Huntley, L.L.C. v. Monterey Mushrooms Inc. (Property, intangible)

Toyota - ITC institutes investigation regarding certain hybrid electric vehicles following complaint by Paice (ITC)

Bilski - In re Bilski: Supreme Court takes on business method patents (Electronic Frontier Foundation)

District Court S D New York: What an objectively unreasonable copyright suit looks like: Michael Porto v John G Koeltl (Trademark Blog)

Omega - Supreme Court indicates interest in international exhaustion case: Costco Wholesale Corp v Omega SA (Patently-O)

Who owns the TAVERN ON THE GREEN trademark? (Trademark Blog) (Property, intangible)

Pennsylvania Supreme Court overturns State anti-counterfeiting law: Commonwealth of Pennsylvania v Omar (IP Spotlight

Precedential no. 39: TTAB reverses 2(d) refusal of VOLTA for caffeine-laced vodka: In re White Rock Distilleries, Inc (TTABlog)

Test your TTAB eye-ball ability on two triangle design marks for clothing: L.A. Gear, Inc. v. Calcados Ferracini Ltda. (not precedential) (The TTABlog)

SpongeTech Delivery Systems – SpongeTech  sues another company called SpongeTech (Trademark Blog)

Union of Orthodox Jewish Congregations of America  - Lukes Oil convenience stores sued by Union of Orthodox Jewish Congregations of America after failing to remove OU Kashruth symbol from its logo (IP Factor)

US Olympics Committee – USOC strikes again, this time against Olympia’s Newspaper (Michael Atkins)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

District Court W D Washington re-affirms that first sale doctrine can apply to “licensed” software: Vernor v Autodesk (Electronic Frontier Foundation) (Technology & Marketing) (Ars Technica) (Spicy IP)

Australian ISP in court for not disconnecting users: AFACT v iiNet (Ars Technica) (TorrentFreak) (TorrentFreak) (TorrentFreak) (TorrentFreak)

Iceland panel: French 3-strikes rule spreading but not best option (IP Watch)

Creative Commons report ‘Defining “Noncommercial” – A Study of How the Online Population Understands “Noncommercial Use”’ (IP Osgoode)

Popularity of pirated TV-shows still rising (TorrentFreak)

Global oversight for ICANN; US role in core infrastructure unchanged (IP Watch)

ICANN’s new US contract and new top level domains - it’s not over - joint project agreement between ICANN and the UD DoC is set to expire (IP Watch)

Can luxury goods survive in the online environment? (IP finance)

Australian ISP in court for not disconnecting users: AFACT v iiNet (Ars Technica) (TorrentFreak) (TorrentFreak) (TorrentFreak) (TorrentFreak)

Apple picks Woolworths in trade mark dispute (Australian Trade Marks) (Trademark Blog) (Seattle Trademark Lawyer)

Australian man creates ‘Piracy Payback’ website to collect donations from downloaders for distribution to rightholders’ organisations (Ars Technica)

Amazon Kindle launches in 100 countries but not Canada (Michael Geist)

Federal Court: Damages can be higher when infringer carries on infringing activity after copyright owner sends notice: Microsoft Corporation v 1276916 Ontario Ltd (ipblog.ca)

EU, Microsoft agree on browser ballot, testing to start soon (Ars Technica)

CIPA conference presentation: German courts’ position on AdWords (Class 46)

Cinemas must warn visitors of ‘anti-pirate’ goggles (TorrentFreak)

Supreme Court opens door for Pirate Bay block (TorrentFreak)

Japanese Parliament passes copyright reform bill containing new exception for search engines (Lenz Blog)

Osaka High Court acquits Winny developer (Lenz Blog)

Metatags in Polish case law (Class 46)

Anti-piracy outfit BREIN try to nail The Pirate Bay with faked evidence (TorrentFreak)

BREIN disconnects The Pirate Bay, for now (TorrentFreak)

Swedish Anti-Piracy Bureau forces ‘Scene’ group to apologize (TorrentFreak)

Spotify connection disqualifies Pirate Bay appeal Judge (TorrentFreak)

Many Swedes undeterred by new anti-piracy law (TorrentFreak)

After move from Sweden to Ukraine, The Pirate Bay relocates to a nuclear bunker (TorrentFreak) (TorrentFreak)

The Pirate Bay will not be sold ‘yet’ (TorrentFreak)

Google removes Pirate Bay front page from search results (TorrentFreak)

UK 3-strikes MP ignorant on file-sharing (TorrentFreak)

EMI tries to hide kids education anti-piracy objective (TorrentFreak)

BPI decries ISP BT Broadband’s inaction against 100K music pirates (TorrentFreak)

ISP gives customers the power to ban BitTorrent (TorrentFreak)

Backweb - Backweb settles with Sybase, continues to sue Microsoft and Symantec for patent infringement (IP Factor)

Bilski - Red Hat tells Supremes: software patents stifle innovation (Ars Technica)

Eolas – Eolas, the company that won $585M from Microsoft sues Apple, Google, Adobe, Amazon, eBay, Yahoo and others over browser plugins and AJAX (Ars Technica)

HR 1319, the P2P Bill is back and ready for markup (Public Knowledge) (Ars Technica)

Google and On Demand Books bring the public domain to the public (IP Osgoode)

District Court W D Washington re-affirms that first sale doctrine can apply to “licensed” software: Vernor v Autodesk (Electronic Frontier Foundation) (Technology & Marketing) (Ars Technica) (Spicy IP)

Google - Google should use extra time to add privacy into Google book search (Electronic Frontier Foundation)

Rosetta Stone - Topics Entertainment sues Rosetta Stone for declaration of noninfringement (Seattle Trademark Lawyer)

District Court C D California: No touchdown for Jim Brown in suit against Electronic Arts over alleged misappropriation of his ‘name, identity and likeness’ in video game (IP Osgoode) (ipblog.ca)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Seroquel (Quetiapine) – US: CAFC: Sometimes, sins of omission are not inequitable conduct: AstraZeneca Pharmaceuticals LP v. Teva Pharmaceuticals USA, Inc (Patent Docs) (Patent Baristas) (GenericsWeb)

Biotech legislative agenda: healthcare, energy, patents and capital (IP Watch)

India: Applying for patents does pay: Wockhardt wins kudos from the Indian government (SPICY IP)

US: CAFC ruling in Board of Trustees of the Leland Stanford Junior University et al v Roche Molecular Systems et al - How to lose a patent? Have the inventor make a secret side deal (Patent Baristas)

US: Governors send letter to Congressional leaders in support of 12-year data exclusivity period (Patent Docs)

US Congress urged to act on biosimilars (GenericsWeb)

US: Hal Wegner wakes up ACI Biotech Patents Forum in Boston – KSR and biotech claims (BioTechnology Patent Law)

Amrix (Cyclobenzaprine) – US: Eurand files patent infringement suit in C D California against Anchen following Para IV challenge (Patent Docs)

Avonex (human interferon beta 1a) – US: Biogen Idec receives method-of-use patent on human ß-interferon – implications for patent protection for Avonex (Patent Docs)

Fentora (Fentanyl) – US: Cephalon files patent infringement suit against Watson following Para IV challenge (Patent Docs)

Lexapro (Escitalopram) – US: Caraco closes asset purchase agreement with Forest Laboratories to settle Lexapro ANDA patent litigation (SmartBrief)

Losartan – Netherlands: Losartan and third party oppositions in the Netherlands (The SPC blog)

Losartan – UK: EWCA rules on Losartan paediatric extension: E I du Pont Nemours & Co v UK IPO (The SPC blog)

Losartan– Latvia: Latvian Patent Office publishes notice regarding issue of paediatric extension for Losartan (The SPC blog)

Mircera (Methoxy polyethylene glycol-epoetin beta) - Obviousness-type double patenting after Amgen v. F. Hoffmann-La Roche (Patent Docs)

Razadyne (Galanthamine) - US: CAFC: You can’t rely on test results that weren’t available when your patent application was filed: Janssen Pharma and Synaptech v. Teva, Mylan, Dr. Reddy’s, Barr and Purepac (Patent Baristas)

Renagel (Sevelamer) – US: Genzyme files patent infringement suit against Endo Pharmaceuticals following Para IV challenge (Patent Docs)

Roundup Ready cotton seed – US: Monsanto files patent infringement suits against Brent M Hargrove and Larry H Lytle based on defendants’ use of cotton seed produced from earlier planted Roundup Ready cotton seed (Patent Docs)

Seroquel (Quetiapine) – US: CAFC: Sometimes, sins of omission are not inequitable conduct: AstraZeneca Pharmaceuticals LP v. Teva Pharmaceuticals USA, Inc (Patent Docs) (Patent Baristas) (GenericsWeb)

Trileptal (Oxacarbazepine) - Israel Patent Office prevents Novartis from submitting empirical evidence in patent opposition case (IP Factor)

Vesicare (Solifenacin) – US: Astellas files patent infringement lawsuit against Teva over generic Vesicare (GenericsWeb)

Zyprexa (Olanzapine) – Canada: Teva Novopharm invalidates Eli Lilly’s Canadian patent for Olanzapine (IP Factor)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Highlights this week included:

$388 million verdict against Microsoft overturned (Ars Technica) (IP Law Observer)

Briefs filed at US Supreme Court in Bilski v. Kappos  (AwakenIP) (EFF) (Inventive Step) (Patently’O) (Patently O)

Changes proposed to USPTO examiner count system (patentably defined) (Patently O) (Anticipate This) (Inventive Step) (IP Spotlight) (Just a Patent Examiner)

Victoria Espinel nominated to be US's first ever IP Enforcement Coordinator  (1709 Copyright Blog) (IAM) (Managing IP) (Managing Intellectual Property)

Global

Global - General

Intellectual property Consensus - The world of IP is not always in sync with the rest of the world - (IP Think Tank Blog)

What if the solution to global warming was known, patented and withheld? (IP Think Tank Blog)

New York Times, Adwords, China and the European Court of Justice  (IP Think Tank podcast)

Global - Trade Marks / Brands

Interbrand’s Best Global Brands 2009: The Expected and Unexpected (IP Osgoode)

Are green brands the future? (IP Solutions)

Global – Patents

Why being an independent inventor is like dating (IP Asset Maximiser)

IP protection no barrier to green technology transfer (IP Watch)

Global - Copyright

Bill Patry’s response to Tom Syndor’s book ‘review’ (Moral Panics and the Copyright Wars)

Africa

Are copycat businesses best fought on dilution grounds (Afro-IP)

Supreme Court of Appeal handed down its decision – Mr Video Appeal (Afro-IP)

Good news for ARIPO as United States rides to the rescue (Afro-IP)

Australia

Anti-Piracy group drops ridiculous claim against ISP (TorrentFreak)

Canada

Local school boards owe thousands in retroactive access copyright fees (Michael Geist)

Stanford researcher gets six-figure settlement from James Joyce Estate for copyright infringement (Stanford Uni)

Canadian IP Office looking to change Extension of time practice (Canadian TM Blog)

China

Third revision of Patent Law in China (Part II) (Intellectual Property Watch)

Europe

Member States simplify international design registration system (WIPO) (Class 99)

Latest version of the proposed European and Community Patent Court is ECPC (PatLit)

Compulsory licences for all? Latest Community patent plans (IPKat)

! is not a trade mark says the CFI (IPKat)

France

Evian revamps its bottle with a little joywashing, teams up with designer Paul Smith (Class 99)

Second HADOPI law faces constitutionality test by French Socialists (Intellectual Property Watch)

Germany

Good news for copyright infringers or a Trapp to Tripp designers? (Class 99)

India

Video pirates, preventive detention and the constitution of India (SPICY IP) 

Dancing to tune of Garba and Dandiya: Gujarat High Court says "No Fair"? (SPICY IP)

Print impairment and copyrights – proposed changes (SPICY IP)

Montblanc’s ‘Ghandi pen’ lands in court (Spicy IP)

Prof. Anil Kumar Gupta on the cross pollination of innovation and its promotion (Spicy IP)

ICANN renders ‘domain tasting’ unpalatable (Spicy IP)

United Kingdom

Drinks giant Diageo and Sainsbury's have reached agreement in their dispute  (IPKat) (IPKat)

Patent litigation costs and SMEs a judge speaks (PatLit)  (PatLit)

United States

US General

US Industry Campaign: IP needed to address climate change, economy (Intellectual Property Watch)

David Kappos outlines objectives and challenges for USPTO (Intellectual Property Lawyers)

NJ Website designed to encourage technology research, innovation (Technology Transfer Tactics)

US General – Decisions

ITC determines not to review termination based on settlement agreement in video game machines  (ITC Law)

Interactive websites can only create specific jurisdiction  (Chicago IP)

US Patents

$388 million verdict against Microsoft overturned (Ars Technica) (IP Law Observer)

Briefs filed at US Supreme Court in Bilski v. Kappos  (AwakenIP) (EFF) (Inventive Step) (Patently’O) (Patently O)

Analysis of N.D. Illinios local patent rules (Chicago IP)

Double standards for Business Method Patents? (IP Osgoode)

Using Re-examination to avoid wilfulness damages (Patently O)

Claim construction – a structured framework (Patently O)

Do assignments require express language to cover CIP patents? (Peter Zura’s 271 Blog)

Changes proposed to USPTO examiner count system (patentably defined) (Patently O) (Anticipate This) (Inventive Step) (IP Spotlight) (Just a Patent Examiner)

Northern District of Illinois issues local patent rules and local rules generally (Peter Zura) (Chicago IP Litigation Blog) (Gray on Claims) (Chicago IP Litigation Blog)

New PTO Deputy Director Sharon Barner (Patently O) (Chicago IP Litigation Blog)

US Patents – Decisions

Court invalidates ten claims of a patent on EFF’s most wanted list (EFF)

Federal Circuit uses claim differentiation declines limiting claims to preferred embodiment (Gray on Claims)

Summary judgment of non-infringement granted in Abstrax v Dell (ED Texas Fed Crt Practice)

Stanford loses rights based on Researcher’s side agreement (Patently O)

US Patents – Lawsuits and strategic steps

GE asserts wind power patents against Mitsubishi again (Green Patent Blog)

Philips withdraws ITC case as LED patent term wanes (Green Patent Blog)

US Copyright

Victoria Espinel nominated to be US's first ever IP Enforcement Coordinator  (1709 Copyright Blog) (IAM) (Managing IP) (Managing Intellectual Property)

You destroy evidence, you lose – Ninth Circuit judgment against counterfeiter (Seattle Trademark Lawyer)

US Copyright – Decisions

Judge dismisses Jim Brown avatar case on First Amendment grounds (Trademark Blog)

US Trade Marks – Decisions

TTAb finds Luca’s chophouse confusingly similar to Luca Pizza (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Philadelphia Eagles sue radio station for ticket giveaways (The Trademark Blog)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Former USTR Official Espinel nominated as US IP ‘Czar’ (Intellectual Property Watch) (Public Knowledge)

Troll Tracker suit settles after malice bar raised: Albritton v Cisco (Patent Baristas) (IPEG)(EDTexweblog.com) (The Prior Art) (IAM)

CAFC: Public accessibility of prior art: PTO must provide evidence of indexing date: In re Lister (Patent Law Blog) (Patents4Life) (Filewrapper) (Patents4Life)

Hold everything guys isn’t IP already clearly understood and important? (IP Think Tank)

Discussion regarding ‘WIPO Intellectual Property Indicators 2009’ (Patent Docs) (Peter Zura's 271 Patent Blog) (IP finance) (IP finance)

How many ministers does it take to make a High Level Segment? – discussion of WIPO press release (IPKat)

WIPO Director General underlines role of IP in meeting global public policy challenges (WIPO)

On teaching ‘IP as a cost’; ‘IP as a profit centre’ (IP finance)

NY Times is wrong: Patent auctions do not provide independent inventors with ‘protection’ (IP Asset Maximizer Blog)

USPTO announces bilateral agreement with ARIPO (Intellectual Property Watch)

Brazil, UK set to continue administrative cooperation (IP tango)

Brazilian Patent Office: ‘third parties’ under grace period provision of Brazilian patent law does not include foreign IP offices (IP Factor)

Fast-tracking clean tech patents: What choice is there? (IP Osgoode)

Changes to Canada’s bankruptcy laws – IP licences and bankruptcy (ipblog.ca)

China Appeals WTO DS 363 about market access of copyrighted goods (IP Dragon)

ECJ: Be circumspect about your salami: Alberto Severi, in his own name and representing Cavazzuti e figli SpA, now known as Grandi Salumifici Italiani SpA v Regione Emilia-Romagna (IPKat)

CFI: shape of handle not distinctive: Alfons Alber v OHIM (Class 46)

CFI: ...you can't patent a trade mark either – Evets’ unsuccessful attempt to base trade mark appeal on patent law: Evets Corp v OHIM (IPKat)

The ECJ's President sounds the alarm on workload: a separate ECJ court for trade mark cases? (Class 46)

Member States simplify international design registration system (WIPO) (Class 99)

Court of Appeal of Thessaloniki: Trying to claim damages in Greece: RP ABEE ALL DAY vs ALL DAY (Class 46)

Indian ‘Bayh Dole’ Bill keeps stirring a hornet’s nest (Spicy IP)

India’s Bayh Dole: A blind legal transplant? (Spicy IP)

Re-clarifying the aims and conclusions of the Mashelkar Committee Report (Spicy IP)

India: will IP litigation be both 'punctual' and 'faithful'? Bajaj Auto Limited v TVS Motors Limited (IPKat)

Israel to become an international search and examination authority for PCT (The IP Factor)

Kenya, WIPO to intensify collaboration on patent info (IP Frontline) (Afro-IP)

Passing off - Is Caterham retrospective?: Mayo Foundation for Medical Education and Research v Theatre Mayo Clinic Company (Afro-IP)

Thailand to join PCT Treaty (The IP Factor)

UK IP minister hopeful of ‘significant progress’ on Community patent and court (IAM)

EWHC: Woolworths woolly IP agreements don’t hold value: Butters & Ors v BBC Worldwide & Ors (IP finance)

If you liked the Rule, you’ll love the Practice Direction – significant changes to Part 63 CPR (PatLit) (PatLit)

Citroën mini brand name ‘Revolte’: brilliant or revolting? (Class 46)

Latest news on petitions by Anti Copying in Design group (Class 99)

ABA’s top legal blogs – don’t forget to post your nominations (IP Think Tank)

President Obama’s strategy for American innovation (Patently-O)

New York Times article on patent auctions (Inventive Step) (IAM)

David Kappos outlines objectives and challenges for the USPTO in 2010 and beyond (Maier & Maier)

Former USTR Official Espinel nominated as US IP ‘Czar’ (Intellectual Property Watch) (Public Knowledge)

Companies turning to Congress on patent reform issues (Peter Zura's 271 Patent Blog)

USPTO seeking comments on Interim Patentable Subject Matter Guidelines (The 271 Patent Blog)

USPTO and EPO announce extension of trial period for patent prosecution highway (Patent Docs)

Interactive graphic illustrates how US patent system has driven American economy (Patent Docs)

BPAI statistics (Patently-O)

Did you know... parties may obtain clearance to import redesigned products after issuance of an exclusion order? (ITC 337 Law Blog)

What every transactional counsel should know – consequences of missing provisions in M&A documents: Carotek v Kobayashi Ventures; Gerber Scientific International v Satisloh (Property intangible)

Troll Tracker suit settles after malice bar raised: Albritton v Cisco(Patent Baristas) (IPEG)(EDTexweblog.com) (The Prior Art) (IAM)

CAFC construes term found in specification but not in the claims: Edwards Lifesciences LLC v Cook Inc (Gray on Claims) (Patent Docs) (Patent Law Blog)

CAFC: Public accessibility of prior art: PTO must provide evidence of indexing date: In re Lister (Patent Law Blog) (Patents4Life) (Filewrapper) (Patents4Life)

Disrict Court N D Illinois: nondisclosure arbitration clause does not include patent infringement claims: The Ticketreserve, Inc. v. Viagogo, IncI (Chicago IP Litigation)

BPAI: 101 rejections shouldn’t be based on implication if hardware is disclosed: Ex Parte Azuma (Peter Zura's 271 Patent Blog)

ITC issues final determination affirming s 337 violation by Alcesia in matter concerning cigarettes brought by Philip Morris (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Hewlett-Packard – HP files new 337 complaint regarding inkjet ink supplies against numerous respondents including Zhuhai Gree, InkPlusToner.com and others (ITC 337 Law Blog)

INEOS - ITC reverses remand initial determination which found nonobviousness of claim 1 of ‘276 patent in matter concerning coolant involving INEOS and Sinochem; enforcement initial determination finds no violation of consent order (ITC 337 Law Blog) (ITC 337 Law Blog)

Nokia - ITC issues public version of initial determination finding no violation by Nokia in matter brought by InterDigital concerning 3G mobile handsets (ITC Law Blog)

Phicom – ITC to review initial determination finding no s 337 violation by Phicom, Phiam, Micronics and MJC Electronics in matter concerning probe card assemblies (ITC 337 Law Blog)

Presstik – ITC to review initial determination finding s 337 violation in laser imageable lithographic printing plates investigation against Hanita, VIM, AteCe, Spicers and Recognitions Systems (ITC 337 Law Blog)

Ricoh – Ricoh files 337 complaint against Oki Data regarding printing and image devices (ITC 337 Law Blog)

Toyota – Paice ITC action seeks Prius importation ban (Green Patent Blog)

9th Circuit: Copyright and trade dress claims for spoiled brat characters fall due to failure to show access and secondary meaning: Art Attack v MGA Entertainment (IP Law Observer)

7th Circuit: Notice requirement to Copyright Office when registration refused not jurisdictional; copyright does not extend to ideas: Brooks-Ngwenya v Indianapolis Public School (Filewrapper)

Washington Court of Appeals: City lacks nexus required to collect tax on trade mark royalties: Blistex Bracken v City of Seattle (Seattle Trademark Lawyer)

TTAB dismisses 2(d) opposition finding COTT and COtea for soft drinks too different: Cott Beverages Inc v Travis Ryan Barbieri (not precedential) (TTABlog)

TTAB says MEDITERRANEAN MELT not merely descriptive of sandwiches: In re Dikran M Iskenderian (not precedential) (TTABlog)

TTAB finds E-LEX merely descriptive of litigation support services: In re The Lex Group VA (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Abercrombie & Fitch – Abercrombie files trade mark infringement suit against Coty over upcoming launch of Beyonce’s fragrance ‘Sasha Fierce’ (IPKat)

Albrecht-Piazza – TTAB requires amendment of fraud counterclaim in light of Bose: Societe Cooperative Vigneronne Des Grandes Caves Richon-Lezion and Zicron-Jacob Ltd. v Albrecht-Piazza, LLC (TTABlog)

Budweiser - Colleges aren’t happy with Bud’s school spirit – could universities stop Budweiser from selling ‘fan cans’, and should they be able to? (IP Osgoode)

DCI – Trade dress suit over Danish cookie tins: DCI v Danco Import (The Trademark Blog)

Nordic Windpower – Nordic files trade mark infringement suit against Nordic Turbines (Green Patent Blog)

Paris Hilton – Hallmark raises unique defence to Paris Hilton’s right of publicity claim (IPKat) (IP Law Blog)

US Olympic Committee - Despite sending many letters, USOC has only brought three suits since 2008: USOC v Official Ticket Ltd; USOC v Asics America Corp; USOC v Olympic Supply, Inc (Seattle Trademark Lawyer)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

ECJ Advocate General Maduro: no trade mark infringement by allowing advertisers to select, in AdWords, keywords corresponding to trade marks (IPKat) (Managing IP) (Class 46) (IAM)  (Trademark Blog) (IP Factor) (Afro-IP)

US Department of Justice joins opposition to Google Books settlement (IPKat) (Lenz Blog) (Managing Intellectual Property) (Ars Technica) (Public Knowledge) (1709 Copyright Blog) (Intellectual Property Watch)

Tel Aviv District Court permits unlicensed sports event streaming; watching sports is ‘socially important’: Football Association Premier League v. Ploni (Technology & Marketing Law Blog) (1709 Copyright Blog)

Madras High Court: Google looses first round in AdWords case brought by Consim Info against Google and competitors Shaadi.com, jeeveansathi.com and simplymarry.com (Managing Intellectual Property) (Spicy IP)

US acts to preserve internet neutrality; European debate heats up (IP Watch)

Yours, Mine, Ours – eBay's recent sale of Skype spotlights the struggle between software IP rights and business objectives (IP Frontline)

Tweeting lyrics – a legal analysis (Ip’s What’s Up) (Innovationpartners)

Google confirms core search algorithm ignores keyword metatags (Technology & Marketing Law Blog)

Pirate Party Canada set for federal approval, launches BitTorrent tracker (TorrentFreak) (TorrentFreak)

Business Software Alliance on Canadian piracy rates (Michael Geist)

Where are the copyright consultation submissions?; Industry Canada’s response (Michael Geist) (Excess Copyright) (Michael Geist)

CIRPA copyright consultation submission - calls for longer data retention to facilitate lawsuits (Michael Geist)

Canadian Coalition for Electronic Rights search engine for copyright consultation submissions (Excess Copyright)

The Great Copyright – Un-debate Goes on Tour (Excess Copyright)

ECJ Advocate General Maduro: no trade mark infringement by allowing advertisers to select, in AdWords, keywords corresponding to trade marks (IPKat) (Managing IP) (Class 46) (IAM)  (Trademark Blog) (IP Factor) (Afro-IP)

Paris first instance court condemns eBay over use of LVMH trade marks (Class 46)

Federal Supreme Court’s decision in Orange-Book-Standard putting industry on alert (IPEG)

German youth would vote Pirate Party into parliament (TorrentFreak)

Madras High Court: Google looses first round in AdWords case brought by Consim Info against Google and competitors Shaadi.com, jeeveansathi.com and simplymarry.com (Managing Intellectual Property) (Spicy IP)

Tel Aviv District Court permits unlicensed sports event streaming; watching sports is ‘socially important’: Football Association Premier League v. Ploni (Technology & Marketing Law Blog) (1709 Copyright Blog)

Kenya Copyright Board embarking on intensive campaign against software piracy (Afro-IP)

Pirate Bay appeal judge faces ban, works for Spotify (TorrentFreak)

Two more Pirate Bay appeal judges accused of bias (TorrentFreak)

Global Gaming Factory, proposed buyer of Pirate Bay, wants BPI director on its board (TorrentFreak)

Project Canvas: everything but the movies - internet-streamed on-demand TV programming to TVs, what are the copyright implications? (1709 Copyright Blog)

UK anti-piracy plans cost more than music industry ‘losses’ say ISPs (TorrentFreak) (Ars Technica)

Lily Allen joins anti piracy lobby, clueless about copyright (TorrentFreak) (TorrentFreak) (TorrentFreak) (TorrentFreak)

James Blunt: Disconnecting Music Pirates is “Critical” (TorrentFreak)

Sir Elton John joins anti piracy lobby (TorrentFreak)

Peter Mandelson defends his new position on file-sharing, saying new laws alone are not enough (1709 Copyright Blog)

FCC Chairman Julius Genachowski's delivers major announcement supporting network neutrality (Ars Technica) (Ars Technica) (IP Watch) (Public Knowledge) (Public Knowledge) (Public Knowledge)

Public Knowledge calls for Senate to reject anti-net neutrality amendment (Public Knowledge)

Who's running the show--the FCC or Hollywood execs? (Public Knowledge)

Federal courts now offer hearings online as MP3 files (Ars Technica)

9^th Circuit Court of Appeals rules former employee who took company data with him for his own business did not violate the Computer Fraud and Abuse Act: LVRC Holdings v Brekka (Ars Technica)

CAFC affirms finding of patent infringement but strikes down $511 million damages award in dispute between Microsoft and Alcatel-Lucent (Managing Intellectual Property)

District Court N D California: Headless cavalryman unseated by Iqbal: Elan Micro v Apple (ISinIP)

District Court N D Illinois: Copyright statutory damages: Infringement must start after registration: Cassetica Software v Computer Sciences Corp (Chicago IP Litigation Blog)

US Copyright – Lawsuits and strategic steps

Blizzard – Public Knowledge files amicus brief in World of Warcraft / Glider appeal asking court to find EULA breach does not immediately result in copyright infringement (Public Knowledge)

Google - Request for Google Book settlement hearing adjournment (IP Watch) (1709 Copyright Blog)

Google - US Department of Justice joins opposition to Google Books settlement (IPKat) (Lenz Blog) (Managing Intellectual Property) (Ars Technica) (Public Knowledge) (1709 Copyright Blog) (Intellectual Property Watch)

Joltid – Joltid files suit claiming eBay and would be purchasers infringing Joltid copyrights relating to Skype software (IAM) (The Trademark Blog)

Scribd – Camara & Sibley sue Scribd for ‘egregious’ copyright infringement, seek class action status (Ars Technica)

Making sense of the $32m contributory trademark infringement judgment against a web host: Louis Vuitton v. Akanoc (Technology & Marketing Law Blog)

9^th Circuit Court of Appeals rejects appeal in AdWords antitrust case: Person v Google (Technology & Marketing Law Blog)

US Trade Marks – Lawsuits and strategic steps

Apple - USPTO rules Apple’s claims against Daniel Kokin over use of the mark ‘Video Pod’ should be decided at trial (Ars Technica)

Tata Sons – MakeMyTrip (India) files suit against Tata seeking determination that its registration of oktatabyebye.com does not violate Anticybersquatting Consumer Protection Act (Seattle Trademark Lawyer)

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 Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

CAFC upholds patentability of drug dosage method claim: Prometheus v Mayo (Patently-O) (Patent Baristas) (Patents4Life) (Holman's Biotech IP Blog) (Patent Docs) (Inventive Step) (Patently-O)

Mircera (Recombinant erythropoietin) – US: CAFC: Section 121 ‘safe harbor’ provision does not apply to continuations: Amgen v Hoffman-La Roche (Peter Zura's 271 Patent Blog) (Patent Baristas) (Holman's Biotech IP Blog)

Patent expiry = job cuts: discussion of Marketwatch article on Eli Lilly job cuts (Innovationpartners)

China: IPR protection for traditional Chinese medicine needed (IP Dragon)

EU sets out H1N1 flu strategy; partners with Pharma on medicines development (Intellectual Property Watch)

India: Patent oppositions in India: The ‘efficacy’ of section 3(d) (Spicy IP)

India/EU: PhRMA speaks out against seizure of drug consignments (Spicy IP)

Rwanda: 18 September marks last shipment of low-cost HIV/AIDS medicines under WTO sanctioned arrangement (Intellectual Property Watch)

US: CAFC upholds patentability of drug dosage method claim: Prometheus v Mayo (Patently-O) (Patent Baristas) (Patents4Life) (Holman's Biotech IP Blog) (Patent Docs) (Inventive Step) (Patently-O)

US: Roll Call authors unite against current follow-on biologics legislation (Patent Docs)

US: Will KSR’s effect on small molecule patents be limited? (Intellectual Property Watch)

Coversyl (Perindopril) - Australia: FCA decision a reminder to review issued patent claims in view of newly emerged prior art before filing suit: Apotex Pty Ltd v Les Laboratoires Servier (Patent Baristas)

Duac (Clindamycin, Benzoyl) – Perrigo acquires KV Pharmaceutical’s first to file ANDA for generic Duac gel (GenericsWeb)

Mircera (Recombinant erythropoietin) – US: CAFC: Section 121 ‘safe harbor’ provision does not apply to continuations: Amgen v Hoffman-La Roche (Peter Zura's 271 Patent Blog) (Patent Baristas) (Holman's Biotech IP Blog)

Oracea (Doxycycline) – US: Impax confirms challenge relating to Galderma’s Oracea patents (SmartBrief)