Online Global Week in Review 25 May 2012 from IP Think Tank

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

 

Highlights this week included:

Supreme Court challenges Chief Judge Rader’s broad notion of software patentability: WildTangent v Ultramercial (Patently-O) (Inventive Step) (IP Spotlight) (EFF) (Ars Technica)

Google releases new copyright transparency report (EFF) (Out-Law) (The 1709 Blog) (TorrentFreak) (TorrentFreak) (Ars Technica)

Supreme Court refuses Tenenbaum appeal (The 1709 Blog) (Recording Industry vs The People) (Ars Technica)

ITC orders import ban against Motorola Android devices that infringe a Microsoft patent (FOSS Patents) (Ars Technica) (ITC 337 Law Blog)

ND California: Oracle v Google: No patent infringement found (Ars Technica) (FOSS Patents) (Out-Law)

 

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

 

Global

Global – General

Will Facebook grow into their valuation? (Ocean Tomo Insights)

IBM’s Siri ban underscores important business concern over trade secrets (Internet Cases)

 

Global – Copyright

What’s up with software copyright? Contrasting Oracle v Google and SAS v WPL (TechnoLlama)

Google releases new copyright transparency report (EFF) (Out-Law) (The 1709 Blog)

Google copyright transparency report – copyright holders punish themselves with crazy DMCA takedowns (TorrentFreak)

Google copyright transparency report – FilesTube tops copyright takedown list (TorrentFreak)

Google copyright transparency report – Microsoft is #1 (Ars Technica)

BitTorrent traffic booms due to “licensing challenges” (TorrentFreak)

Business Software Alliance 9th annual Global Software Piracy Study: Sales of illegal software last year hit US $63.4billion (IPKat)

Pirate Bay simplifies circumvention of ISP blockades (TorrentFreak)

Op-ed: New digital music licenses good for fans, entrepreneurs (Ars Technica)

 

Global – Trade Marks & Domain Names

At WSIS forum, divisions arise over future of internet governance (IP Watch)

 

Global – Patents

Bickering about software patents misses the point about innovation (Patentology)

Kodak’s ITC setback could create an opportunity for a bold buyer (IAM)

Pioneering patent exchange’s full list of members revealed (IAM)

 

Canada

Business Software Alliance: Canadian piracy rate shows biggest decline in the world over past 5 yrs (Michael Geist)

Government’s “10,000 consultations” on copyright (Michael Geist)

 

China

Intellectual property issues will make it hard for Google to keep its Chinese ‘open Android’ promise (FOSS Patents)

 

Europe

Huawei’s EU antitrust complaint against InterDigital: unFRANDly demands are abusive (FOSS Patents)

Is it time for a super society? – Pan European copyright licensing (The 1709 Blog)

 

France

Deadline for submissions to HADOPI consultation on “Exceptions to copyright and related rights” extended to July 15, 2012 (The 1709 Blog)

Film company Gaumont says Hadopi eradicated illegal downloads of French films (Ars Technica)

 

Germany

Pirate Party plans for copyright reform (The 1709 Blog)

GEMA and YouTube appeal GEMA v YouTube! (The 1709 Blog)

The German approach to FRAND: let’s err on the side of injunctions (FOSS Patents)

Microsoft wins injunction against Motorola Android devices in Germany (Ars Technica) (FOSS Patents)

 

Greece

Greek court orders ISP blockades of ‘pirate’ music sites (TorrentFreak)

 

India

India passes digital lock rules that link circumvention to copyright infringement (Michael Geist)

 

Italy

Italian court orders all ISPs to block KickAssTorrents (TorrentFreak)

 

Netherlands

ISPs refuse to block new Pirate Bay IP-address (TorrentFreak)

 

New Zealand

Megaupload’s Kim Dotcom refuses to give up passwords (TorrentFreak)

Kim Dotcom lawyer blasts US government’s “pattern of delay” – and wants NZ courts to punish unauthorized transfer of Dotcom hard drives to US (Ars Technica)

 

Poland

Anti-piracy outfits launch attack on BitTorrent protocol (TorrentFreak)

 

Romania

Romania will not ratify ACTA (Michael Geist)

 

Russia

IFPI welcomes court ruling finding vKontakte liable for copyright infringement (The 1709 Blog) (Ars Technica)

 

United Kingdom

No more UK legislation in internet piracy (yet) – Communications Green Paper postpones to at least September (The 1709 Blog)

In-cinema filming remains a major piracy problem – but does the UK government care? (The 1709 Blog)

Pirate Bay ban rockets Pirate Party website into the big time (TorrentFreak)

Meltwater and Newspaper Licensing Agency agreement on licence terms for ‘end user’ are ‘reasonable’, Tribunal rules (Out-Law)

SurfThe Channel – Undercover MPAA agents expose alleged movie pirates (TorrentFreak)

 

United States

US Patents

Google should go to MIT to learn about reasonableness in patent litigation: Massachusetts Institute of Technology v Funai (FOSS Patents)

Patent of the day: Protecting copyright through patents (Patently-O)

 

US Patents – Decisions

Supreme Court challenges Chief Judge Rader’s broad notion of software patentability: WildTangent v Ultramercial (Patently-O) (Inventive Step) (IP Spotlight) (EFF) (Ars Technica)

CAFC appeal decision and the dissent: Apple v Samsung (Protecting Designs) (Patently-O)

ND California: Oracle v Google: No patent infringement found (Ars Technica) (FOSS Patents) (Out-Law)

ITC: Participation in standards setting organization did not create implied license of preclude injunctive relief: Gaming and Entertainment Consoles, Related Software, and Components Thereof 337-TA-752 brought by Motorola against Microsoft (Docket Report) (ITC 337 Law Blog)

ITC orders import ban against Motorola Android devices that infringe a Microsoft patent (FOSS Patents) (Ars Technica) (ITC 337 Law Blog)

ITC: ALJ Pender issues remand determination finding no violation of Section 337 by Apple or RIM in Certain Mobile Telephones And Wireless Communication Devices Featuring Digital Cameras (337-TA-703) (ITC 337 Law Blog) (Patent Law Practice Center) (Ars Technica)

How does the Patent Office get out of a fix? PTO BoA decision in Google v Function Media (WHDA)

 

US Patents – Lawsuits and strategic steps

Alcatel-Lucent – ED Texas: Indirect infringement pleading must identify underlying direct infringers: Network-1 Security v Alcatel-Lucent (Docket Report)

Anu IP – ITC institutes investigation (337-TA-843) of Panasonic, Samsung, Toshiba and many more regarding Certain Electronic Devices Having A Retractable USB Connector (ITC 337 Law Blog)

Apple – ALJ Gildea denies Apple’s motion for summary determination against Samsung in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794) (ITC 337 Law Blog)

Apple – ALJ Gildea grants-in-part Apple’s motion to amend notice of prior art in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794) (ITC 337 Law Blog)

Apple – ALJ Gildea denies Apple’s motion to re-take depositions from Samsung witnesses in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794) (ITC 337 Law Blog)

Apple – California: Samsung accuses Apple experts of “slavish adoration of their client”, blames “cult-like following” (FOSS Patents)

Apple – ND California: Samsung tries to mitigate impact of court sanctions for belated source code delivery in litgation against Apple (FOSS Patents)

Apple – Samsung bets on 4G in opposing Apple’s motion for Galaxy Tab 10.1 sales ban (FOSS Patents)

Apple – ND California: Apple files for immediate Galaxy Tab 10.1 ban in the United States after partially successful appeal (FOSS Patents) (FOSS Patents)

Apple – Delaware-based federal court orders Apple and HTC to talk settlement on August 28 (FOSS Patents)

Apple – Apple, Samsung walk away from the negotiating table with no agreement in sight, trial to beging July (Ars Technica) (FOSS Patents)

Apple – ND California: Samsung asks court to impose sanctions on Apple for allegedly withholding evidence (FOSS Patents)

Apple – Delaware court doesn’t allow Apple’s four belated infringement counterclaims against HTC (FOSS Patents)

Effingo Wireless – WD Texas: Stipulated modification to scheduling order rejected: Effingo Wireless v Motorola (Docket Report)

Facebook – Facebook attack on Wireless Ink patent among the reexamination requests filed week of May 14, 2012 (WHDA)

FlashPoint – FlashPoint files new 337 complaint regarding Certain Electronic Imaging Devices against HTC, Pantech, Huawei, ZTE (ITC 337 Law Blog)

Gametek – 21 gaming companies sued over virtual currency patent infringement: Gametek v Facebook et al (Patent Arcade)

Google – End user agreement reserving discretion to not provide accused service negates “direction and control” needed for joint infringement claim: Selex v Google (Docket Report)

Intellectual Ventures – ALJ Gildea rules on motions to compel in Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803) (ITC 337 Law Blog)

Oracle – Oracle v. Google jury foreman reveals: Oracle wasn’t even close (Ars Technica)

Oracle – Oracle poured millions into failed patent trial, but will fight on (Ars Technica)

Oracle – To dispute infringement of Oracle’s patents, Google contradicts its own source code comments and file names (FOSS Patents)

Pactiv Corporation – No settlement privilege for discovery requests: Pactiv Corporation v Multisorb Technologies (Docket Report)

Technology Properties – ALJ Rogers grants motion to terminate investigation as to Action Electronics in Certain Digital Photo Frames And Image Display Devices (337-TA-807) (ITC 337 Law Blog)

Yahoo! – Facebook pokes major hole in a Yahoo patent claim (Ars Technica)

 

US Copyright

ISPs’ six strikes enforcement plan delayed (The 1709 Blog) (TorrentFreak)

 

US Copyright – Decisions

Supreme Court refuses Tenenbaum appeal (The 1709 Blog) (Recording Industry vs The People) (Ars Technica)

S D New York tosses copyright claims against 244 accused BitTorrent infringers: Digital Sins v Does 1-245 (Internet Cases)

 

US Copyright – Lawsuits and strategic steps

Aereo – TV networks try to squash New York city streaming service: WNET v Aereo (EFF)

All Shall Perish – Music pirates will be unmasked, despite band’s protests (TorrentFreak)

Dish Network – Fox, NBC Universal sue Dish over ad-skipping DVR service (Ars Technica) (EFF)

Folha de São Paulo – Sorry we’re not sorry: interview with Lino Bocchini, creator of parody site Falha de S Paulo (EFF)

Malibu Media – Judge seals identity information disclosed by Verizon prior to subpoena return date in Malibu Media v Does 1-13 (Recording Industry vs The People)

Megaupload – Megaupload user asks court for files back. Again. (EFF) (TorrentFreak)

Oracle – In court filing concerning copyrightability, Google contradicts its own Android compatibility definition (FOSS Patents)

Oracle – Judge asks Oracle and Google excellent questions about Android/Java interoperability (FOSS Patents)

Oracle – Google wrongly suggests that compatibility is a basis for denying copyrightability (FOSS Patents)

Oracle – Judge asks Oracle and Google another great question about interoperability and copyrightability (FOSS Patents)

 

US Trademarks & Domain Names

Trademark trolling by SEO consultant provides cautionary anti-SOPA tale (and other lessons): Premier Pool Management v. Lusk (Technology & Marketing Law Blog)

 

US Trade Marks & Domain Names – Lawsuits and strategic steps

BitTorrent – BitTorrent files lawsuit against BitTorrent Marketing GMBH, claiming damages for trademark infringement, unfair competition and cybersquatting (TorrentFreak)

 

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