Online Global Week in Review 2 Dec 2011 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:

EU: AG Bot says forget the functionality, look at the code: SAS Institute v World Programming (IPKat) (1709 Copyright Blog) (TechnoLlama) (Out-Law)

Australia: Full Bench of the Federal Court lifts Galaxy Tab injunction: Samsung v Apple (Patentology) (Patentology) (IP Whiteboard) (ipwars.com) (Patentology) (Ars Technica) (FOSS Patents)

US: District Court Nevada OKs private seizure of domain names which allegedly sold counterfeit goods: Chanel v. Does (Technology & Marketing Law Blog) (Ars Technica)

IPCom can execute injunction against HTC’s 3G devices in Germany after HTC withdraws appeal (FOSS Patents) (PatLit) (FOSS Patents) (FOSS Patents) (FOSS Patents) (IAM)

 

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

Pirate Party founder in Foreign Policy’s Top 100 Global Thinkers (TorrentFreak)

Social media and IP (Afro-IP)

 

Global – Copyright

Competing with free (Public Knowledge)

The Copyright industry – a century of deceit (TorrentFreak)

 

Global – Patents

FRAND terms from a competition authority’s approach: a new essay (IP finance)

The smartphone battle: Apple v Samsung – What does it all mean? (Tangible IP)

Apple, Samsung, and antitrust (Tangible IP)

HTC’s most detailed statement to date on the IPCom situation (FOSS Patents)

Acacia and RPX see hundreds of millions of dollars wiped off market caps since August (IAM)

Gwilym and the thicket collectors, or why life isn’t as bad, and is more interesting, than one might think … (IPKat)

 

Australia

Aussie ISPs propose anti-filesharing warning notice scheme (TorrentFreak) (Ars Technica)

FCAFC lifts Galaxy Tab injunction: Samsung v Apple (Patentology) (Patentology) (IP Whiteboard) (ipwars.com) (Patentology) (Ars Technica) (FOSS Patents)

Can a ‘metatag’ infringe your trade mark? – Complete Technology Integrations v Green Energy Management Solutions; Mantra Group v Tailly (IP Whiteboard)

 

Brazil

Bits and bots from Brazil (IP tango)

 

Canada

Amazon clicks-on in Canada as appeals court keeps 1-Click alive: Attorney General of Canada and The Commissioner of Patents v Amazon.com (Patentology)

Fair dealing cases in the Supreme Court of Canada – December 6 and 7, 2011 – Links to Factums – SOCAN v. Bell et al (the “iTunes previews” case) (Excess Copyright)

Conservatives defeat Liberal & NDP bid to block C-11 (Michael Geist)

Copyright costs of joining the TPP: Extending Bill C-11 with more digital locks & penalties (Michael Geist)

Entertainment Software Assoc: We’re for tech neutral copyright (except when we’re against it) (Michael Geist)

Digital Economy Strategy has become the Federal Government’s “Penske file” (Michael Geist)

The daily digital lock dissenter, day 42: Association of Canadian Publishers (Michael Geist)

The daily digital lock dissenter, day 41: Association of Book Publishers of British Columbia (Michael Geist)

The daily digital lock dissenter, day 40: Writers Guild of Canada (Michael Geist)

The daily digital lock dissenter, day 39: Literary Press Group of Canada (Michael Geist)

The daily digital lock dissenter, Day 38: The Canadian Association for Open Source (Michael Geist)

 

China

Licensing software in China. registration required? (China Law Blog)

 

Czech Republic

Copyright protection of graphic user interfaces: the show must go on… (1709 Copyright Blog)

 

Europe

AG Bot says forget the functionality, look at the code: SAS Institute v World Programming (IPKat) (1709 Copyright Blog) (TechnoLlama) (Out-Law)

CJEU reject internet traffic filtering as violation of fundamental rights: Scarlet v SABAM (Ars Technica)

Interflora: the last word on keyword advertising? (JIPLP)

General Court: AMPLIDECT lacks distinctive character for the French consumer (Class 46)

 

Finland

IFPI sues Pirate Bay admins in Finland, demands further ISP blocks (TorrentFreak)

 

France

France attacks finances of cyberlocker and streaming sites (TorrentFreak)

Google, Microsoft, Yahoo, ISPs, all served with streaming site blocking demand (TorrentFreak)

 

Germany

HTC claims it has engineered around IPCom patent enforced in Germany (FOSS Patents)

IPCom can execute injunction against HTC’s 3G devices in Germany after HTC withdraws appeal (FOSS Patents) (PatLit) (FOSS Patents) (FOSS Patents) (FOSS Patents) (IAM)

Apple asked German court to ban Galaxy Tab 10.1N, hearing scheduled for December 22 (FOSS Patents)

Apple won preliminary injunctions in Germany against three different Galaxy Tabs (FOSS Patents)

Motorola’s default judgment against Apple to be reviewed by German court in February (FOSS Patents)

 

Israel

Israel judge refuses class action against Google Books (The IP Factor)

 

Netherlands

Copyright corruption scandal surrounds BREIN’s anti-piracy campaign (TorrentFreak)

 

Slovakia

Will Slovakia say farewell to its old domain name registration system? (Class 46)

 

United States

US Patents – Decisions

In re Ricoh Patent Litigation: Costs may be awarded for document production databases (Patently-O)

District Court E D Virginia: Direct competition not required for permanent injunction: ActiveVideo Networks v. Verizon Communications et. al (Docket Report)

District Court E D Texas: No infringement where purchase orders were received in the U.S. but “performance and the passing of legal title occurred internationally”: Internet Machines v Alienware (Docket Report)

ITC issues final determination of no violation in Certain Electronic Devices With Image Processing Systems (337-TA-724) (ITC 337 Law Blog)

Merck cited by BPAI in affirming obviousness rejection in Ex parte Schoenberg (IPBiz)

 

US Patents – Lawsuits and strategic steps

Apple – Apple and Motorola each filed a pre-hearing brief of more than 800 pages with the ITC (337-TA-750) (FOSS Patents)

Apple – Motorola not allowed to attack iPhone 4S, iCloud and iTunes in ongoing litigation in the Southern District of Florida (FOSS Patents)

Cypress Semiconductor – ALJ Bullock denies joint motion to conduct mediation by telephone in Certain Static Random Access Memories (337-TA-792) (ITC 337 Law Blog)

HTC – Disclosure of communications with prosecution counsel during sale of patent waives privilege: HTC v IPCOM (Docket Report)

Microsoft – ALJ Essex grants motion to terminate investigation as to Hon Hai Precision and Foxconn in Certain Handheld Electronic Computing Devices (337-TA-769) (ITC 337 Law Blog)

Microsoft – Microsoft, Sharp & Mitsubishi Electric requests of their own patents, among reexamination requests filed week of November 21, 2011 (WHDA)

 

US Copyright

The PROTECT IP Act is very real and very bad — call now to block it (EFF)

PIPA v SOPA (Public Knowledge)

Dangerous Copyright Office proposal to undercut the DMCA online safe harbors (Technology & Marketing Law Blog)

Public Knowledge asks copyright office to allow DVD ‘space shifting’ (Public Knowledge)

PK to Copyright Office: Let people rip their own DVDs (Public Knowledge)

Modernizing the Copyright Office, one database at a time (Public Knowledge)

DNS ‘seizure’ takes out MegaUpload (TorrentFreak)

Feds seize 130+ domain names in mass crackdown (TorrentFreak)

White House-backed antipiracy video is Reefer Madness for the digital age (Ars Technica)

 

US Copyright – Lawsuits and strategic steps

Grooveshark – Grooveshark prepares to unmask anonymous ‘whistleblower’: Universal Music Group v Grooveshark (TorrentFreak)

MCGIP – Court grants limited discovery to identify does in bittorrent copyright case (Chicago Intellectual Property Law Blog)

 

US Trade Marks & Domain Names – Decisions

District Court Nevada OKs private seizure of domain names which allegedly sold counterfeit goods: Chanel v. Does (Technology & Marketing Law Blog) (Ars Technica)

TTAB precedential no. 31: TTAB affirms mere descriptiveness refusal of “.MUSIC” for domain-related services (TTABlog)

TTAB affirms refusal to register rectangular background design due to failure to function as a trademark (TTABlog)

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: