Worldwide: IP Think Tank Global Week In Review

Last Updated: 28 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.

Highlights this week included:briefs filed in the US Supreme Court in an effort to revive the doctrine of patent exhaustion and another positive step towards a single European patent litigation system.

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


  • Reputation and privacy in the online social media world: (IPWar's),

  • McAfee typosquatting study results and implications: (IPWar's),

  • Larry Lessig's comments on how creativity is being strangled by the law: (BLOG@IP::JUR)

  • Report of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT): (WIPO),

  • USA, Europe and Japan patent offices have agreed on a single format for patent applications to be accepted by all offices: (IPMenu),

  • Local vs international patent filers in the US, Europe & Japan: (Patently'O),


  • Settlements in pharma patent litigation in India (Generic Pharmaceuticals & IP),
    • Cosopt (orzolamide hydrochloride and timolol maleate) - Merck has Apotex's non-infringement and invalidity counterclaims dismissed: (IPLaw360),

    • Fuzeon (Enfuvirtide) - Novartis sues Roche for patent infringement: (IPLaw360),

    • Glivec (imatinib) - Indian Patent Appeals Board Composition - Natco likely to appeal decision not to include technical appeal board member: (Generic Pharmaceuticals & IP),

    • Nexium (esomeprazole) - In Europe Astrazeneca has lost the substance patent, maintained the manufacturing process patent [in amended form] and now has also maintained the MUPS formulation patent [in amended form]. Astra's Data Exclusivity prevents a European generic launch, until at least 2010.: (Generic Pharmaceuticals & IP),

    • Thai Public Health Minister Mongkol Na Songkhla today said that Novartis' 'may' provide Thailand with free cancer medicine [Imatinib/ Gleevec] if the country slows its drive for generic versions of patented drugs: (Generic Pharmaceuticals & IP), (Latest Drug News),


  • Scope of injunctions in counterfeit cases Brother v Dynamic Supplies: (IPWar's)
    • Australian government's discussion paper and call for submissions on the Anti-Coutnerfeiting Trade Agreement: (IPWar's) ,


  • Wahaha's lawyers quit in China joint venture litigation with Danone: (China Hearsay),
    • Copyright troll in China (and Tibet): (Danwei),

    • Intellectual Property and China's answer to SecondLife (HiPiHi): (China Hearsay),

    • Danone obtains court ordered freeze of Wahaha assets in ongoing joint venture dispute: (China Hearsay),


  • 13 reasons why Canada's copyright law is stronger: (Now why didn't I think of that?)
  • Europe

  • EU Council Agrees Blueprint For Patent Litigation System: (IP-Watch); (< FONT FACE="Tahoma">IAM),
    • OHIM releases press release - Tarzan yell musical notation trade mark was granted even though sonogram was refused: (IPKat), (OUTLAW),

    • Wind turbine shape not registrable as a trade mark: (IPKat), (I/PUpdates),


  • French Industry attacks private copy fees: (intellectual property watch),
  • Germany

  • German public broadcaster adopts creative commons licence: (CreativeCommons), (Michael Geist),
  • India

  • Indian patent transparency and accountability: (IP Think Tank),
    • Geographical indications and certification marks - same difference?: (SpicyIP),

    • Moving towards the nano age: (SpicyIP),


  • IP Value in Japan - the alternative view: (< FONT FACE="Tahoma">IAM),
  • South Korea

  • South Korea has been urged to strengthen its intellectual property rules in order to sign a free trade agreement with the European Union: (Intellectual Property Watch)
  • The Netherlands

  • Dutch teenager arrested, and another five questioned by police, for allegedly stealing virtual furniture from "rooms" in Habbo Hotel, a 3D social networking website: (IPKat),
  • United Kingdom

  • Electronic payment method patent revoked for excluded subject matter in Ingenico (UK) Limited v Pendawell 2007 Limited (BL O/331/07): (IPKat), (OUTLAW),
    • Wobben fails to prove infringement and loses some claims in wind turbine patent action against Vestas: (IPKat),

    • Passing Off Claim saves UK trade mark revocation action from stay pending OHIM Cancellation proceedings [Kitfix Swallow Group Ltd v Great Gizmos Ltd [2007] EWHC 2668 (Ch),]: (IPKat),

    • UK Foreign Office breaches Data Protection Act: (IMPACT),

    United States

  • EFF, others ask Supreme Court to reinstate "patent exhaustion doctrine": (arstechnica), (Patently'O), (Patent Prospector),
    • USPTO New Continuation Rules - the saga continues: (Patently'O), (PLI),

    • $160m willfullness verdict against Microsoft and Autodesk upheld on appeal at Federal Circuit (plaintiff was Z4 Technologies Inc.): (IPLaw360), (Patent Prospector),

    • Federal court jury in Texas has found that an Emerson Electric Co. unit infringed a Power-One Inc. patent for power converter technology used in computer and networking hardware: (IPLaw360),

    • Canon - federal appeals court has upheld a preliminary injunction stopping sale of toner cartridges which can be used as replacements in Canon machines: (IPLaw360),

    • Motorola loses patent declaratory judgment battle with Amkor: (IPLaw360),

    • More on the proposed ban on tax strategy patents: (IPLaw360),

    • Johnson & Johnson and Boston Scientific sued over stent patents: (IPLaw360),

    • Acacia settles patent dispute with Universal City Studios: (IPBiz), (IPLaw360),

    • CooperVision Inc. and Novartis AG unit Ciba Vision Corp. settle patent infringement suit over contact lenses: (IPLaw360),

    • CAFC upholds ITC finding that Taiwan’s System General Corp. infringed Power Integrations Inc.’s patents for integrated circuits: (IPLaw360),

    • Prince in settlement talks with fan websites over copyright claims: (Copyfight),

    • Apple faces text messaging patent suit: (arstechnica),

    • Expert witness defence fund set up for copyright infringement defendants: (arstechnica),

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