Online Global Week in Review 21 May 2010 from IP Think Tank

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

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.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://thinkipstrategy.com/subscribe/

Highlights this week included:

Enlarged Board of Appeal decides on computer-implemented inventions: G0003/08 (Innovation Partners) (IPEG) (EPLAW)

Another issue headed for en banc review by the Federal Circuit: How to assess redesigned products: TiVo v. EchoStar (Filewrapper) (Patently-O) (Inventive Step) (ArsTechnica)

District Court S D New York: Limewire summary judgement finding ‘inducement’: Arista et al v Lime Group et al (Trademark Blog) (Copyright Litigation Blog) (IP Whiteboard) (1709 Copyright Blog) (IPKat) (IP Osgoode)

Global
Global – General

Software patents, customs seizure and European design skullduggery IP Think Tank podcast 13 May 2010 (IP Think Tank)

The rise of Apple’s closed platform (IP Think Tank)

Proprietary vs. open source software: more on removable features (IPKat)

Global – Copyright

On your marks, get set… Project Canvas and Google to create internet-connected television – possible copyright issues (1709 Copyright Blog)

Four things you wouldn’t expect to be affected by piracy (Ars Technica)

Software piracy rate: a see-saw effect (IP tango)

Microsoft continues to impress on anti-piracy cooperation programs (China Hearsay)

Global – Trade Marks & Domains
WIPO: Lego win bestcheaplego.com domain name: LEGO Juris A/S v. Taejang Toonglo (Class 46)
Australia

Anti-piracy case appeal set for August 2010: iiNet v AFACT (TorrentFreak)

Australian Digital Alliance files ACTA comments (Michael Geist)

Brazil

The insensitive internet – Brazil and the judicialization of pain – Civil (Rights) Framework for the Internet in Brazil (IP Osgoode)

Canada

Canadian Federal Court of Appeal says that music clips can be royalty free (1709 Copyright Blog)

Craig on digital locks and the fate of fair dealing in Canada (Michael Geist)

Digital locks and the fate of fair dealing in Canada: In pursuit of ‘Prescriptive Parallelism’ (IP Osgoode)

Digital strategy consultation’s unasked questions: Who leads? Who pays? (Michael Geist)

Canada still in search of answers to the digital media conundrum (IP Osgoode)

Separating fact from fiction: My fair copyright proposals (Michael Geist)

Federal Court of Appeal rules song previews can be fair dealing (Michael Geist)
China

Do you tell a stranger on the phone whether you have pirated software? – BSA commissioned piracy survey (IP Dragon) (China Hearsay)

Denmark
Experiences from Danish Seminar on piracy (Innovation Partners)
Ecuador

Ecuador’s new initiative: to combat piracy with free software (IP Watch) (IP Watch)

Europe

Enlarged Board of Appeal decides on computer-implemented inventions: G0003/08 (Innovation Partners) (IPEG) (EPLAW)

EU previews digital agenda to 2020 (IP Watch)

ECJ: Advocate General rules Spanish levy on blank CD and DVDs may violate EU law – SGAE v Padawan (Michael Geist)(1709 Copyright Blog)

Chipmaker cartel fined €331 million for DRAM price fixing (Ars Technica)

France

Twice is better than one? Dispute regarding domain names registered toywatch.fr and toy-watch.fr: Cool Srl, Milan, Italy, represented by the Cabinet Studio Rapisardi SA, Italy v Jean Louis Haddad (Domain Name)

Germany

German Supreme Court on patents on computer-implemented inventions (IP:JUR)

The ‘German Bilski’? DE High Court declares client-server software patentable subject matter (271 Patent Blog)

Germany: liability for an unsecured private WiFi network (IPKat)

Germany: A case study on how to strangulate innovation (IP:JUR)

The Pirate Bay goes down following legal pressure (TorrentFreak) (TorrentFreak)

Mexico

Mexico: 60% use of pirated software (IP tango)

Poland

The Nokia case: Poland makes its submission to the ECJ: (Class 46)

Sweden

Pirate Party hosting Pirate Bay in pro-P2P political gesture (Ars Technica) (TorrentFreak)

Police say anti-piracy law makes catching criminals harder (TorrentFreak)

ISP must reveal who runs SweTorrents bitTorrent tracker (TorrentFreak) (TorrentFreak)

United Kingdom

UK three strikes plan to exempt small ISPs (Michael Geist)

Newzbin Usenet indexer shuts down after court defeat (TorrentFreak)

United States
US General

SCOTUS nominee Kagan helped defend RIAA from Jack Thompson (Ars Technica)

US Patents – Decisions

CAFC: Vegas trade show satisfies minimum contacts test: Patent Rights Protection Group v. Video Gaming Technologies (VGT) (Patently-O)

District Court N D California: ‘Providing free credits to induce gambling’ does not constitute direction or control over player for purposes of joint direct infringement: Aristocrat Technologies et al v. International Game Technology et al. (Docket Report)

District Court E D Texas: Data storage claims indefinite for failure to disclose ‘sufficient algorithmic structure’: Sybase, Inc. v. Vertica Systems, Inc. (Docket Report)

District Court E D Texas: Plaintiff on liability; defense on damages – Commil v. Cisco (EDTexweblog.com)

District Court E D Texas: Stay pending reexam denied because reexam ‘may actually complicate’ the case: Parallel Networks, LLC v. Microsoft Corp (Docket Report)

US Patents – Lawsuits and strategic steps

Apple – HTC files new 337 complaint against Apple regarding certain portable electronic devices and related software (ITC Law Blog) (IPKat)

Microsoft – Is Microsoft one bad day away from a Supreme Court petition in the i4i battle? (IPKat)

Tivo – Another issue headed for en banc review by the Federal Circuit: How to assess redesigned products: TiVo v. EchoStar (Filewrapper) (Patently-O) (Inventive Step) (ArsTechnica)

Viacom – Copyright infringement claim: Viacom v YouTube (IPKat)

US Copyright

Copyright, censorship and the First Amendment: Salinger v. Colting (Copyright Litigation Blog)

EFF seeks attorneys to help alleged movie downloaders (Electronic Frontier Foundation)

Injunction on behalf of music publishers: Peermusic III, Ltd, et al. v. LiveUniverse, Inc., et al. (Trademark Blog)

Can we have fair use without fair use technology? (Ars Technica)

Axis of P2P evil? Congress, RIAA call out six worst websites in the world (Ars Technica)

Five examples of lame DMCA takedowns (Ars Technica)

Copyright lawsuits plummet in aftermath of RIAA campaign (Copyright Litigation Blog)

US Copyright – Decisions

District Court S D New York: Limewire summary judgement finding ‘Inducement’: Arista et al v Lime Group et al (Trademark Blog) (Copyright Litigation Blog) (IP Whiteboard) (1709 Copyright Blog) (IPKat) (IP Osgoode)

9th Circuit: Under Copyright Act’s work for hire doctrine computer programmer doesn’t own source code: Justmed, Inc. v. Byce (Copyright Litigation Blog)

CAD computer software: No artistic sizzle, but after filtration – still copyrightable under Feist: Real View LLC v. 20-20 Technologies, Inc. (Copyright Litigation Blog)

District Court California: RapidShare not guilty of copyright infringement (TorrentFreak)

US Copyright – Lawsuits and strategic steps

MPAA – MPAA worries about pirating U.S. soldiers in Iraq (TorrentFreak)

US Trade Marks & Domain Names – Decisions

Court of Appeals for the 5th Circuit: Jury verdict that competitive keyword advertising isn’t trademark infringement: College Network v. Moore (Technology & Marketing Law Blog)

US Trade Marks & Domain Names – Lawsuits and strategic steps

1-800 Contacts – How much does 1-800 Contacts hate competitive keyword advertising? $1.1M Worth!? Rader Fishman & Grauer PLLC v. 1-800 Contacts, Inc. (Technology & Marketing Law Blog)

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