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US Courts Leave Patent Holders Seeking Stronger International Enforcement

By Steve Seidenberg for Intellectual Property Watch
As more and more commerce crosses national borders, so do more and more items seen as infringing on patents. And patent holders are making a case for stronger international rules on enforcement to protect themselves.

International intellectual property treaties enable an inventor to file one patent application and obtain patent rights in multiple countries, but the treaties do not provide similar mechanisms for multinational enforcement. A patentee can sue in each country where infringement occurs, but this is often prohibitively expensive, they say.

US Supreme Court Reins In Reach Of US Patents

By Sarah Lai Stirland for Intellectual Property Watch
The United States Supreme Court in late April reined in another patent appeals court ruling it deemed overly-expansive. The high court ruled that software companies liable for infringing a patent in the United States cannot at the same time be held liable by American courts for the same activities outside of US borders.

"Foreign law alone, not United States law, currently governs the manufacture and sale of components of patented inventions in foreign countries," wrote Justice Ruth Bader Ginsberg on behalf of three of her colleagues, Justices Anthony Kennedy, Antonin Scalia and David Souter.

USPTO Cautious In Interpretation Of Supreme Court Ruling On Patents

By Sarah Lai Stirland for Intellectual Property Watch
The United States Patent and Trademark Office (USPTO) has issued a preliminary memorandum that instructed its examiners to interpret a landmark Supreme Court ruling conservatively - even as the wider community in the field of US patent law expect the opinion to shake up longstanding rules that determine when an idea is too obvious to be granted a patent. The office also formed an experts' group on the issue.

Musungu, Marchant Team Up; US Sends IP Attachés To China, Russia

By Tove Iren S. Gerhardsen
What is next for the former director of the United Kingdom Intellectual Property Office and the former head of the South Centre intellectual property programme; who is temporarily acting in the role of lead on intellectual property issues at the South Centre; who are the US officials being appointed IP attachés around the world; who has launched a new global trade programme, and who is taking over the helm at the international seed industry? All of this and more in the updated Intellectual Property Watch People column.

Possible Qualcomm-Nokia Patent War Delayed Until August

By Tatum Anderson for Intellectual Property Watch
US technology firm Qualcomm this week raised the spectre that if Finnish mobile phone manufacturer Nokia does not comply with demands within four months, a long-running worldwide intellectual property dispute between the two companies could potentially escalate. But so far, Nokia has stated its position and shows no sign of moving.

For now, the expected patent war between Qualcomm and Nokia has been delayed. Industry observers had expected Qualcomm to bring a slew of costly suits against Nokia in April for allegedly infringing its extensive patent portfolio. A patent war would pitch two of the largest mobile technology companies in the world against each other, which could have an impact on worldwide consumers' access to mobile technology products.

WIPO PCT Reform Ends As Swiss Disclosure Proposal Suspended

By William New
Switzerland is known for its neutrality in many international forums, but when it comes to intellectual property rights, it generally has an opinion in favour, unsurprising given its high number of rights holders. Last week at the World Intellectual Property Organization, the government showed how it can make a move to favour IP rights in an international forum while retaining that special art of Swiss diplomacy.

The Working Group on Reform of the WIPO Patent Cooperation Treaty (PCT) held its ninth session from 23 to 26 April. The PCT, which allows recognition of a patent filed in one nation to be recognised in all PCT members, is an important contributor to WIPO’s finances through fees it charges.

At the meeting, Switzerland again prepared to put forward a proposal to amend the PCT regulations to "explicitly enable the national patent legislation" to require the declaration of the source of genetic resources and traditional knowledge in patent applications. This would leave it up to the national level to decide whether to make disclosure part of national law. It would allow that disclosure could take place at the national level or later during the international phase, said the proposal, PCT/R/WG/9/5.

US WTO Cases Against China Draw Reactions

By Tove Iren S. Gerhardsen
NEW YORK - A United States official who presented the arguments for why the United States has taken China to the World Trade Organization (WTO) for alleged breaches of trade law related to intellectual property rights and market access was met with strong support from industry and lawyers, but equally strong criticism from others at a recent conference.

DRM Actions Could Prompt Fresh Look At Protecting Copyrighted Content

By Dugie Standeford for Intellectual Property Watch
Two recent developments - the decision by music industry giant EMI to sell downloads free of digital rights management (DRM) and the launch of France's new DRM agency - could change the nature of the debate on copyright reform. While it remains to be seen whether EMI and other companies offering unprotected content are successful, or the Regulatory Authority for Technical Measures (ARMT) effectively resolves interoperability disputes, it is likely that content providers and policymakers around the world will be watching closely, experts said.

Google’s Expanded Functions Spark More Lawsuits and Debate

By Dugie Standeford for Intellectual Property Watch
Google is turning the intellectual property world on its head as it battles challenges to its search, book publishing and online video activities. The outcome of the debate over whether any are compatible with copyright law is by no means certain, legal experts said this week.

Yet Google doesn't think it is shaking up copyright law, said Rachel Whetstone, director of European corporate communications and public affairs.