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HTC, Hitachi, Pernod Ricard, Hilton: Intellectual Property

July 18 (Bloomberg) -- HTC Corp., the Taoyuan Hisen, Taiwan-based handset maker, denied a Commercial Times report VIA Technologies Inc. is considering selling patents to the company.

Via Technologies Inc., of Taipei Hsien, Taiwan, is a maker of chips used for personal computers and other electronic devices.

HTC made a statement to the Taiwan stock exchange July 15 in which it denied the report.

The Commercial Times didn’t say where it got the information about the alleged sale.

HannStar, Hitachi Displays Extend Patent Licensing Agreement

HannStar Display Corp. and Hitachi Displays Ltd. expanded and extended an existing patent licensing agreement, Taipei-based HannStar said in an exchange filing July 15 without providing details.

Teva, Amgen Resolve Filgrastim-Related Patent Dispute

Teva Pharmaceutical Industries Ltd. acknowledged it has infringed to patents held by Amgen Inc. and won’t sell its generic version of Amgen’s Neupogen in the U.S. until after Nov. 10, 2013.

Teva was planning to introduce to the U.S. market a biosimilar form of the genetically engineered compound filgrastim, used to treat the low white blood count found in severe infections. Teva’s generic version -- Neutroval -- is already sold in Europe under the brand name TevaGrastim.

Neupogen had $1.29 billion in global sales in 2009, or 8.8 percent of Amgen’s revenue

The stipulation ended a patent case that began in federal court in Philadelphia in November 2009. Then Teva, the world’s largest maker of generic drugs, filed suit, seeking a court declaration that either it didn’t infringe Amgen’s patents 5,582,823 and 5,580,755, or that the patents were invalid.

In the July 15 stipulation, Petach Tikva, Israel-based Teva agreed that the Amgen patents are valid and enforceable, and that bringing its Neutroval into the country would infringe both patents. The Israeli company also agreed not to sell Neugranin, a related product, until November 2012 or until it obtains a court ruling that this product doesn’t infringe the two patents.

Both parties agreed pay their own litigation expenses and attorney fees.

The case is Teva Pharmaceuticals USA Inc. V. Amgen Inc., 2:09-cv-05675-SD, U.S. District Court, Eastern District of Pennsylvania (Philadelphia).

For more patent news, click here.


Pernod Ricard’s Chivas Among Fakes Seized by Chinese Authorities

Pernod Ricard SA’s Chivas Regal was one of the brands of counterfeit alcohol seized in a three-day raid conducted in 12 Chinese provinces, China’s Xinhua news service reported.

The police confiscated 22,000 bottles of fake products, arrested 84 suspects and closed down 79 production areas where the counterfeit alcohol was produced, according to Xinhua.

In a second case, raw materials with a value of 4 billion Chinese yuan ($619 million) used to make the fake brands were discovered in raids, the news service reported.

The raids are part of a campaign aimed at both agricultural materials used in the production of fake products, and counterfeit alcoholic beverages, drugs and high-end merchandise, Xinhua reported.

Wendy’s Sued Over ‘You Can’t Fake Fresh’ Advertising Campaign

Wendy’s/Arby’s Restaurants LLC’s Wendy’s International unit was sued for trademark infringement by a Naples, Florida-based seafood restaurant chain.

Phelan Holdings Inc., which does business as Pincher’s Crab Shack, accused Atlanta-based Wendy’s of infringing the “You can’t fake fresh” trademark. According to the database of the U.S. Patent and Trademark Office, Phelan registered the trademark in February 2010.

Wendy’s has been using the phrase in an ad campaign. Phelan also objects to Wendy’s use of “You can’t fake real” in its advertising, saying it is simply the “progeny of infringing acts” related to the unauthorized use of “you can’t fake fresh.”

Phelan claims the public is confused by the Wendy’s ads and is likely to assume, falsely, that a connection or sponsorship exists between the two entities. It claims its mark is tarnished by its association with the fast-food chain.

The company asked the court to bar further use of the two phrases by Wendy’s, and for awards of money damages, profits derived from the alleged infringement, attorney fees and litigation costs.

Wendy’s didn’t immediately respond to an e-mailed request for comment.

Phelan is represented by Jennifer W. Whitelaw of the Whitelaw Legal Group of Naples, Florida.

The case is Phelan Holdings Inc. v. Wendy’s International Inc, 2:11-cv-00392-CEH-DNF, U.S. District Court, Central District of Florida, (Naples).

Asia Pacific Unit’s ‘Radler’ Registration Affirmed in N.Z.

Asia Pacific Breweries’ DB Breweries unit’s registration of “radler” as a New Zealand trademark was sustained by that country’s Intellectual Property Office, New Zealand’s Marlborough Express newspaper reported.

A group of beer drinkers had opposed the 2003 registration, saying the term is generic for a type of light beer, according to the newspaper.

Geoff Griggs, president of the Society of Beer Advocates, called the ruling “outrageous” and said the office should have done more research to learn “radler” is a term that dates back to the 1920s, according to the Express.

Other varieties of radler-type beer imported from other countries will now have to have the word on the label covered with a sticker, Griggs said and the Express reported.

Hilton Loses Indian Trademark Dispute; ‘Hilltone’ Mark Permitted

Hilton International Corp. lost a trademark battle in India over its exclusive right to the “Hilton” trademark, India’s Economic Times reported.

India’s Supreme Court dismissed Hilton’s challenge to a ruling by the Jodhpur branch of the Rajasthan High Court, which said an Indian company could continue to operate under its “Hilltone” name, according to the Economic Times.

The high court said it had “no reason to interfere” in the dispute, the Economic Times reported.

For more trademark news, click here.


Google Cuts Belgian Newspaper Content From Its Search Sites

Google Inc. dropped some Belgian newspaper content from its search engine results following an appeals court ruling in May that blocked it from publishing links to local newspapers on its online news service.

French- and German-language newspapers published in Belgium are no longer featured on Google’s search engine and news pages, Bill Echikson, a Google spokesman said in an interview July 15. The decision follows the May 5 ruling by the Court of Appeal in Brussels to uphold a 2007 order forcing Google to remove links and snippets of articles from and The case was brought on behalf of the newspapers by copyright-management group Copiepresse.

“In keeping with the recent court decision, we are removing Copiepresse’s material from our index,” said Echikson. “We regret having to do so, but we remain open to working in collaboration with Copiepresse members in the future.”

Google, the owner of the world’s most-used search engine, faced a 25,000 euro ($35,400) daily fine for any delay in implementing the judgment. Copiepresse and the newspapers have a second lawsuit pending in the Belgian courts in which they seek as much as 49.1 million euros in damages for the period in which their content was visible on Google News.

“That’s a far-reaching step, probably further than what was asked for,” said Flip Petillion, a Brussels-based partner with Crowell & Moring LLP, who isn’t involved with the case. “The question is: to what extent were the newspapers hurt by what Google did and to what extent are they hurt by the situation now?”

The Belgian newspapers argued that Google News doesn’t generate enough traffic to their sites to make it attractive for them to be included. Google News had stopped referencing them before today. Until now, only Google’s main search site listed the newspapers, such as La Libre Belgique and Le Soir, the most-read French-language daily in Brussels.

“It’s a useless and even offensive procedure because Google is very well aware that Copiepresse didn’t attack the functioning of its search engine,” Philippe Nothomb, head of legal affairs of Rossel et Cie., which owns Le Soir, said in an e-mail.

La Libre in a statement posted on its website July 15 said Google’s decision brings with it “numerous problems for the user.”

“We’re doing everything possible so that it doesn’t prevent you from continuing to read our information via other channels,” said the La Libre statement.

Le Soir in a similar statement on its site said Google is “boycotting” the newspaper.

Instead of following the May decision, which forces Google to take off any content from the Belgian francophone papers from its servers, Google “is now pushing the button much further and deprives” some newspapers “purely and simply of any referencing on its search engine,” said Le Soir.

Serbia Adopts Anti-Piracy Law to Protect Intellectual Property

Serbia tightened rules on making and trading CDs and DVDs to reduce piracy and improve its chances of joining the European Union and the World Trade Organization.

Lawmakers in Belgrade adopted the government-proposed bill July 14 that introduces special licenses for those who produce, import or sell CDs and DVDs. It also requires manufacturers’ codes on the products to make contraband detection easier.

The new regulations are among conditions that Serbia must meet for eventual membership in the two international bodies, Science and Education Minister Zarko Obradovic said.

Under the new law, Serbia will also step up customs control of CD and DVD imports as it seeks to reduce software and content piracy.

Software piracy rate in Serbia was 74 percent in the first half of the year, according to a survey published last week by the local office of Microsoft Corp. The use of pirated programs was the highest here in the region after Albania and Montenegro, it said.

Haldopi Says It’s Inundated With Copyright Enforcement Requests

Haldopi, the French agency implementing that country’s three-strikes copyright-enforcement program, is swamped with complaints from content owners, the website reported.

The agency has received more than 18 million complaints and has sent out 470,000 warnings to alleged infringers, according to

Haldopi said only seven percent of those to whom notices are sent have responded upon receipt of the first notice, and most people who do respond call the agency seeking technical information, the website reported.

To date, only around 10 Internet users in France have received a “third-strike” complaint and face possible penalties, according to

For more copyright news, click here.

To contact the reporter on this story: Victoria Slind-Flor in Oakland, California, at

To contact the editor responsible for this story: Michael Hytha at

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