BlackBerry, AB InBev, Sinovel: Intellectual Property

Ryan Seacrest’s Typo Products LLC asked a U.S. judge to find that BlackBerry Ltd. is seeking to enforce patents that aren’t valid in its lawsuit to block Typo from shipping a new iPhone case.

BlackBerry’s patent claims are invalid because they don’t comply with the legal requirements for patentability, Typo said in federal court in San Francisco Feb. 18 in a request for a ruling that the patents aren’t infringed.

One of the patents can’t be enforced, according to Typo’s filing, because the inventors didn’t disclose to the Patent and Trademark Office that the Smith Corona Spell Mate 30 and the Smith Corona Spell Right 200 already included the patented design in 1988, before the BlackBerry patent was approved.

The case is BlackBerry Ltd. (BBRY) v. Typo Products LLC, 14-00023, U.S. District Court, Northern District of California (San Francisco).

For more patent news, click here.

Trademark

Anheuser-Busch Loses Exclusive Right to ‘Budweiser’ in Portugal

Anheuser-Busch InBev NV (ABI), the Belgium-based Brewer, lost rights to exclusive use of the “Budweiser” trademark in Portugal, the Associated Press reported.

The Czech Republic’s Budejovicky Budvar NP told AP that a trade court in Portugal said it and not Anheuser-Busch had the exclusive rights to the name in that country.

A spokeswoman for Anheuser-Busch said the court ruling has not had any effect on its beer sales in Portugal, AP reported.

Game Developer Trade Group Says King Application Reaches Too Far

The International Game Developers Association, a New Jersey-based advocacy organization, criticized the developer of the “Candy Crush Saga” for filing an application to register the term “Candy” as a U.S. trademark.

In a Feb. 18 statement, the Mount Royal, New Jersey-based trade group said the filing of the application is “in opposition to the values of openness and cooperation we support industry-wide.” The IGDA said King.com Ltd. was “overreaching” in its application.

King.com said in a statement posted on its website Jan. 27 that there was nothing unusual in its seeking to register a commonly used word as a trademark, citing registrations by others for such words as “Time,” “Apple,” “Money” and “Sun.”

For more trademark news, click here.

Copyright

China Supreme Court Ruling Favors AMSC in Two Sinovel Suits

American Superconductor Corp. (AMSC) said two copyright-infringement cases brought in China will be heard in court after the country’s Supreme People’s Court rejected efforts to move the disputes to arbitration.

The cases are among four suits AMSC filed in 2011 against Sinovel Wind Group Co. (601558), the Chinese wind-turbine maker that was once its largest customer, the Devens, Massachusetts-based supplier of wind-power components said in a statement yesterday.

India to Set Up Separate Copyright Office for Content Creators

India’s Human Resource Development Minister M.M. Pallam Raju said his country is setting up a separate copyright office and permanent copyright board aimed at improving service to content owners and creators, the Indian Express reported.

The office will have an interactive Web portal through which applications can be electronically filed, including those for an International Standard Book Number, through which books are identified, according to the newspaper.

Dotcom Search Warrants Ruled Valid by New Zealand Court

New Zealand search warrants used in a 2012 raid on the home of Kim Dotcom were valid, an appeal court found, bolstering a U.S. case for extraditing him on charges including copyright infringement.

A three-judge panel of the Court of Appeal of New Zealand yesterday overturned a lower court ruling that found the warrants were overly broad and illegal. The appeal court affirmed a decision that duplicating data seized in Dotcom’s home and moving it to the U.S. was illegal.

Dotcom, 40, founder of the file-sharing website Megaupload.com, was indicted in Virginia in January 2012 on racketeering, money-laundering, copyright-infringement and wire-fraud charges. Relying on illegal warrants would have made the seizure of evidence illegal, potentially hampering the U.S. in its bid to extradite Dotcom from New Zealand.

The extradition hearing, initially scheduled for August 2012, is now due to be held in April.

The case is Between Her Majesty’s Attorney-General and Kim Dotcom. 2014/NZCA19. Court of Appeal of New Zealand.

For more copyright news, click here.

To contact the reporter on this story: Victoria Slind-Flor in San Francisco at vslindflor@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net

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