Worldwide: IP Think Tank Global Week In Review - 16 November 2007

Last Updated: 21 November 2007
Article by Duncan Bucknell

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

Big news this week included: Kamil Idris to leave WIPO, AT&T's plans to install filtering software, pharmaceutical posology patents invalid in Germany, Canadian Supreme Court Justice critizes the controversial and famous Schmeiser case, Lego loses a trade mark case at home, recycling held to be patent infringement in Japan, the UK High Court to hear a software patentability case, Rowlings gets her preliminary injunction, and Google sued by NorthEastern University.

Please join the discussion by adding your comments on any of these stories, and please do let me know if you think we’ve missed something important, or if there is a source you think should be monitored.

You can separately subscribe to the IP Thinktank Global week in Review at


  • Embattled WIPO leader, Kamil Idris to go (eventually): (IPKat), (IAM), (IPBiz),
  • USPTO, EPO and JPO to sign memorandum of understanding (MOU) on patent applications: (IP Watch),
  • WIPO Advisory Committee on Enforcement examines Criminal Penalties for IP breaches: (WIPO), (IPR-Helpdesk),
  • Compendium of Patent Statistics, a recent OECD publication (uses a whole host of figures from a number of patent offices): (IAM), (OECD),
  • This week’s World Health Organization meeting on intellectual property, innovation and public health appeared to reach preliminary agreement Friday on principles establishing that IP rights should not negatively impact public health and should fit with the needs of developing countries: (IP Watch),
  • Open Innovation & Open Source: (IPCentral),
  • Cory Doctorow has a new column up on Locus Online discussing "the fundamentals of using CC licenses: (Creative Commons), (IPLawDaily),
  • Intellectual Ventures prepares for global expansion: (IAM), (Against Monopoly), (SpicyIP), (Patent Prospector), (WSJ),
  • MTV & Rambus - get your positioning right when aggressively asserting IP: (IP Think Tank),
  • Digital Rights Management (DRM)-Free Music Outsells Protected Songs Four to One: (Michael Geist), (arstechnica),
  • Established and emerging IP Business Models: (Patent Troll Tracker), (Peter Zura), (IPBiz),
  • Patent Uncertainty and Patent Academy: (IP Think Tank),
  • Technology & IP Strategy - Block, Run, Team-Up or all 3? (IP Think Tank),
  • A Timeline of YouTube Litigation: (MTTLR),
  • IP Strategy and public relations - RIAA's (hollow?) victory in the Jammie Thomas case: (IP Think Tank),
  • Garmin Corp. and TomTom Inc., have called a truce in their worldwide patent war over GPS systems, settling all their litigation in the United States, United Kingdom and the Netherlands: (IPLaw360),
  • AT&T's plan to placate Hollywood by adding antipiracy technology to its network: (IPLawDaily),
  • Ocean Tomo announces results of auction held in late October: (PatentDocs),
  • Technology Patents LLC has filed a lawsuit against 131 companies worldwide alleging infringement of patents relating to text messaging: (arstechnica),


  • Why foreign pharma move to China: (China Hearsay),
  • Hatch-Waxman tracker update: (Orange Book Blog),
  • Boniva (Ibandronate) - Orchid alleges invalidity of 2 Roche patents: (IPLaw360),
  • Carvedilol - Germany's highest court, the Bundesgerichtshof invalidates method of treatment (posology) claims as not patentable subject matter: (IPEG),
  • Stalevo (Entacapone) - Orion Corp started a patent infringement suit against Sun Pharmaceuticals Industries Ltd. for taking steps to sell a generic version of this Parkinson’s disease treatment: (IPLaw360),
  • Patanol (Olopatadine hydrochloride opthalmic solution) - Alcon sues Barr in Delaware: (Generic Pharmaceuticals & IP),
  • Altace (Ramipril) - Cobalt looks set to launch notwithstanding settlement with King: (Generic Pharmaceuticals & IP),
  • Effexor (Venlafaxine) - Wyeth sues Wockhardt in the US over capsule ANDA (after giving Sun covernant not to sue on tablet): (Generic Pharmaceuticals & IP),
  • Stalevo (carbidopa/ levodopa/ entacapone - Orion sues Sun in Para IV litigation over formulation patent: (Generic Pharmaceuticals & IP),
  • Precose (Acarbose) - Cobalt Pursues "Belt & Suspenders" Approach with Generic Acarbose; Files Declaratory Judgment Action to Preclude ‘769 Patent Orange Book Delisting: (FDALawBlog),
  • Zyprexa (Olanzapine) - Actavis launches in Germany in light of court: (ABN), (FDANews),
  • Norvasc (Amlodipine) - Korea - Intention to market is sufficient to prove patent infringement: (dreamdrug),


  • IP Research Institute of Australia (IPRIA) releases report on Australian business and IP in China: (IPWars),
  • Comparing Australian & New Zeland trade mark prosecution: (IPWars),
  • Copyright Council's views on Futuretronics' successful claim of copyright infringement against its former supplier of adhesive covers for iPods, mobile phones and the like: (IPWars),
  • Should Australia join negotiations on the plurilateral anti-counterfeiting treaty?: (LawFont),





  • Lego loses trade mark case at home in Denmark: (IPFactor),


  • The battle for Magenta and colour marks in Europe: (IPKat), (richlicki),
  • EPO Board of Appeals cases database updated: (EPO),
  • Will the EU Community Patent get a final chance?: (BLOG@IPR::JUR),
  • New Lugano Convention on jurisdiction and enforcement of judgments in civil and commercial matters has been signed: (IPR Helpdesk),
  • Copyright and London Art Galleries: (Patry),
  • Portuguese EU Presidency has issued a document titled "Enhancing the patent system in Europe": (BLOG@IPR::JUR)


  • Canon has won the day in the highest appeal court in its dispute with alternative supplier Pelikan over one of its ink cartridge patent: (heise),
  • German copyright law stops fanfiction film made by WarHammer (onlne game) fans: (IBLS)


  • SpicyIP Petition: Request to make Indian Patent Information Public: (SpicyIP),
  • Geographical Indications as a tool towards socio-economic development: (SpicyIP),
  • Madras High Court allows Indian Patent Appeals Board (IPAB) to sit without technical member in Novartis Glivec case: (SpicyIP),


  • Virgin for candles not registrable due to Virgin Enterprise's pre-existing reputation: (IPFactor),


  • Japanese Supreme Court has upheld a High Court Grand Panel ruling that states that the sale of recycled ink cartridges constitutes patent infringement (no exhaustion of patent rights): (IPFactor),
  • Japan copyright group allows uploading music on YouTube: (contentagenda),


  • Intention to market is sufficient to prove patent infringement: (dreamdrug),


  • Dutch court had tossed a complaint filed against it by rival Nokia Corp. alleging that some of its European patents relating to cell phone chips were exhausted: (IPLaw360),


  • Portuguese EU Presidency has issued a document titled "Enhancing the patent system in Europe": (BLOG@IPR::JUR)

United Kingdom

United States

  • Rowling gets injunction against Harry Potter Lexicon: (arstechnica),
  • New bill would punish colleges, students who don't become copyright cops: (IPKat), (arstechnica),
  • More on the fall-out from the USPTO Continuation Rules Injunction case: (PatentDocs pendancy), (PatentDocs co-owned), (PatentDocs Deferred Exam), (Patent Docs Accel Exam), (Help prepare the reply brief at wikibrief), (PLI),
  • Federal Circuit handed U.S. Filter Corp. a victory on Wednesday when it ruled that one of the patents Zenon Environmental Inc. had sued it over was anticipated: (IPLaw360),
  • Vonage and AT&T likely to settle: (IPBiz),
  • The Federal Trade Commission (FTC) and IP: (Philip Brooks),
  • Patent trolls and the Eastern District of Texas: (Patent Troll Tracker),
  • Seoul Semiconductor Co. Ltd. found guilty of willfully infringing four Nichia Corp. light-emitting diode design patents (damages just $62): (IPLaw360),
  • Youtube Inc. has appealed the decision of a district court to let Robert Tur, a journalist who sued the company for posting a video he shot, drop his case and join a larger class action: (IPLaw360),
  • Google sued by NorthEastern University for patent infringement for search technology: (IPBiz), (OUT-LAW), (arstechnica),
  • CAFC Reaffirms that Doctrine of Equivalents Applies to Ranges: (Patently'O),
  • RIAA's $220,000 judgment against Jammie Thomas in first of 26000 file sharing suits to go to trial: (Wired), (IPLawDaily),
  • Google, Microsoft, Facebook and Yahoo! call for reversal of a US court ruling that leaves some publishers liable for comments made by internet users: (OUT-LAW),
  • Trial Court has ruled that Cardia Inc. has infringed a patent related to the correction of a heart defect: (IPLaw360),
  • EMI sues Robertson - Seven years after paying the recording industry $100 million to settle a lawsuit over, online music industry executive Michael Robertson was sued again for copyright infringement on Friday over two new music-sharing Web sites: (IPLaw360),
  • OpenTV Inc. and Liberate Technologies Inc. have reached a settlement in a lawsuit over patents related to interactive television: (IPLaw360),
  • No movement on patent reform until Spring?: (IAM),
  • US Supreme Court refused to hear Cross Medical Products Inc.’s drawn-out patent infringement case against Medtronic Sofamor Danek Inc. over a lucrative surgical screw patent: (IPLaw360),
  • US Supreme Court refused to hear Stryker Corp.'s appeal of a decision that found it liable for infringing an Acumed LLC patent related to bone fracture treatment: (IPLaw360),
  • Mark Lemley and J. H. Walker from Stanford Law School announce their new IP litigation project.: (IPCentral),
  • Motorola Inc. sued Vtech Communications Inc. on Tuesday for allegedly infringing five patents owned by the telecom giant, which disclose various cordless phone technologies: (IPLaw360),
  • Boston Scientific and Cordis seek retrial in stent patent infringement case: (IPLaw360),
  • Medtronic Inc. completed its $4.2 billion acquisition of defendant and former medical device rival Kyphon and thereby settled the ongoing patent dispute: (IPLaw360),
  • Analysis of recent patent malpractice litigation shows an increase in both the volume and the bitterness of disputes: (IPLaw360),
  • US Supreme Court has been urged not to make it illegal to sell second-hand patented goods: (OUT-LAW),
  • Federal judge has issued a Markman (claims construction) ruling in the infringement dispute between Samsung Electronics Co. Ltd. and Matsushita Electric Industrial Co. Ltd. over semiconductor and memory patents: (IPLaw360),
  • Acacia loses to Microsoft: (Patent Troll Tracker),
  • scenarios for exclusive patent licensing in the US system and how they impact the rights of the licensee: (Generic Pharmaceuticals & IP),
  • Tax strategy patents - USPTO proposes rule change to curb use: (Patently'O),
  • Comments on immunity from suit in the US of government agencies such as the University of California: (Patent Prospector),
  • Haute Diggity affirmed (no trade mark infringement or dilution in Louis Vuitton dog toy parody): (43(B)log),
  • Research in Motion Ltd. (RIML), the Canadian maker of BlackBerry, is suing South Korean rival LG Electronics for labeling handsets with names similar to the business' smartphone such as Black Cherry: (AHN),

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.