Online Global Week in Review 9 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:

District Court N D California: Apple loses bid for U.S. injunction against Samsung Galaxy Tab, Smartphones (PatLit) (IPBiz) (FOSS Patents) (FOSS Patents)

Australian High Court refuses Apple’s application to appeal against decision overturning preliminary injunction against Galaxy Tab 10.1 launch (Patentology) (IP Whiteboard)

Swiss Govt: Downloading movies and music will stay legal (TorrentFreak) (Michael Geist) (The 1709 Blog) (Ars Technica)

 

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 – Copyright

DRM-free Witcher 2 cashes in on bittorrent pirates (TorrentFreak)

 

Global – Trade Marks & Domain Names

ICANN warned again in the US on new internet domains (IP Watch)

Apple disputes domain names used for porn sites (IP Osgoode)

 

Global – Patents

Stormy weather ahead: enforcing patent rights in the “cloud” (IP Osgoode)

Patents and standards again: a valuable study (IP finance)

Apple keeps fighting for US preliminary injunction with appeal to Federal Circuit but definitively loses one in Australia (FOSS Patents)

 

Australia

Could Samsung’s US ‘win’ influence Australia’s High Court? (Patentology)

High Court refuses Apple’s ‘special leave’ application to appeal against decision overturning a preliminary injunction against Galaxy Tab 10.1 launch (Patentology) (IP Whiteboard)

High Court grants Apple further Galaxy Tab reprieve (Patentology) (ipwars.com) (IAM)

iiNet Update: High Court hears the iiNet copyright “conundrum” (IP Whiteboard)

ISPs and filtering Roadshow v iiNet and Scarlet Extended v SABAM (ipwars.com)

 

Canada

The Supreme Court copyright hearings, day one: Fair dealing scare tactics fall flat: Bell v. SOCAN (Michael Geist)

Canadian songwriters want to legalize file-sharing (TorrentFreak)

A clatch of copyright cases at the Supreme Court of Canada (IP Watch)

The daily digital lock dissenter, day 47: Queen’s University (Michael Geist)

The daily digital lock dissenter, day 46: Battlegoat Studios (Michael Geist)

The daily digital lock dissenter, day 45: Digital Security Coalition (Michael Geist)

The daily digital lock dissenter, day 44: New Brunswick Public Library Service (Michael Geist)

The daily digital lock dissenter, day 43: Campus Stores Canada (Michael Geist)

 

Belgium

Belgian ISPs vs Internet freedom – Antwerp Court of Appeals orders broadband providers to block Pirate Bay at DNS level (EFF)

 

China

Will the iPad trademark be apple’s forbidden fruit? (IP Dragon) (China Hearsay)

 

Europe

Customs warehousing and external transit of goods – CJEU ruled in Nokia & Philips cases (PatLit) (Class 46)

EU parliament seminar looks at risks of outsourcing policing of internet (IP Watch)

Council Of Europe sees human rights concerns in internet restrictions (IP Watch)

Christmas: not so sad for Nokia? (PatLit)

EU investigating if publishers conspired with Apple on e-book pricing (Ars Technica)

Europeana Licensing Framework published (Creative Commons)

Of cookies, crumbs and Kats, or “Who is David?” – Google advertisement on usefulness of cookies (IPKat)

International police operation targets movie piracy release groups, CRUCiAL and iNSPiRED (TorrentFreak)

 

France

French court denies Samsung request for iPhone 4S ban — UPDATED with copy and analysis of decision (FOSS Patents)

APC, FNDF and SEVN issue writ against the major ISPs as well as Google, Yahoo and Microsoft to shut down websites they take issue with (The 1709 Blog)

 

Germany

In IPCom-HTC case, court bases value in dispute on 2.5 to 3.5 percent royalty rate for one 3G-essential patent (FOSS Patents)

$2.7 billion PER YEAR, possibly $16 billion in total: that’s the bond Apple wants Motorola to post in case of early enforcement of German patent injunctions (FOSS Patents)

Copyright trolls auction off  €90 million in file-sharing settlements (TorrentFreak)

Third Motorola-Apple litigation in Mannheim has the court puzzled and raises an important FRAND issue (FOSS Patents)

 

Indonesia

Facebook takes on Indonesia GUI infringer (IP Komodo)

Online fake good traders (IP Komodo)

 

Korea

US ICE seizes domain names of Korean movie portals (TorrentFreak)

 

Netherlands

Keep in touch with the Dutch – collecting society scandal (The 1709 Blog)

 

Poland

The dilemma of (in)validity of European software patents in Poland (Kluwer Patent Blog)

 

Sweden

Student Bay admin prosecuted in Sweden (TorrentFreak)

 

Switzerland

Swiss Govt: Downloading movies and music will stay legal (TorrentFreak) (Michael Geist) (The 1709 Blog) (Ars Technica)

 

United Kingdom

UK phone hacking scandal – the copyright edition (IP Whiteboard)

Music and IP conference report (1 – The 1709 Blog) (2 – The 1709 Blog) (3- The 1709 Blog) (4 – The 1709 Blog)

 

United States

US Patents – Decisions

CAFC holds defendant’s state of incorporation (Delaware) improper venue: In re Link_A_Media Devices Corp (Patently-O)

District Court N D California: Apple loses bid for U.S. injunction against Samsung Galaxy Tab, Smartphones (PatLit) (IPBiz) (FOSS Patents) (FOSS Patents)

ITC issues final determination of no violation in Certain Electronic Imaging Devices (337-TA-726) brought by Flashpoint against HTC (ITC 337 Law Blog)

 

US Patents – Lawsuits and strategic steps

Apple – After judge recognizes error, Motorola may still be allowed to attack iPhone 4S, iCloud and iTunes in Southern Florida (FOSS Patents)

Apple – Apple complains that Samsung’s lawyers are stalling and ducking (FOSS Patents)

Apple – ITC postpones ruling on Apple’s first complaint against HTC to December 14 (FOSS Patents)

Apple – Judge rules AGAIN that Motorola can’t attack iPhone 4S, iCloud and iTunes in Southern Florida litigation (FOSS Patents)

Digitude – Digitude files new 337 complaint regarding Certain Portable Communication Devices (ITC 337 Law Blog)

Freescale – Freescale files new 337 complaint regarding Certain Integrated Circuits (ITC 337 Law Blog)

Groupon – Participation in patent pilot program and adoption of local patent rules are irrelevant to venue analysis: Pinpoint v Groupon (Docket Report)

JuxtaComm-Texas Software – Former Magistrate Judge Everingham’s consulting with plaintiff does not require recusal if such consulting is unknown to the presiding judge: JuxtaComm-Texas Software, LLC v. Axway, Inc (Docket Report)

Ogma – ALJ Gildea grants joint motion to terminate investigation as to Nintendo in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773 (ITC 337 Law Blog)

Oracle – Damages expert’s apportionment of damages on patent-by-patent basis precludes later apportionment on claim-by-claim basis: Oracle v Google (Docket Report)

Oracle – Judge inclined to throw out large parts of Oracle’s new damages claim in Google lawsuit (FOSS Patents)

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

Walker Digital – Non-practicing entity Walker Digital files new 337 complaint regarding Certain Blu-Ray Disc Players, relying solely on licensing activities for alleged domestic industry (ITC 337 Law Blog)

 

US Copyright

Blacklist bills ripe for abuse, part 1: “market-based” systems (EFF)

The OPEN Act – An alternative to SOPA – An open process befitting an open internet (EFF) (Ars Technica)

EFF seeks to widen exemptions won in last DMCA rulemaking (EFF)

Why Apple (and Sony, Amazon, Microsoft etc.) should support jailbreaking (EFF)

DOJ, state AGs also investigating possible e-book collusion between Apple and publishers (Ars Technica)

Kaspersky has announced it will withdraw its membership of the Business Software Alliance over the group’s support of SOPA (TorrentFreak)

RIAA: Piracy is “under control” but wait – “rampant theft” continues (TorrentFreak)

 

US Copyright – Decisions

District Court Massachusettes: Ad network avoids contributory copyright infringement for serving ads to a rogue website: Elsevier v. Chitika (Technology & Marketing Law Blog) (Out-Law) (TorrentFreak)

 

US Copyright – Lawsuits and strategic steps

MCGIP – Subpoenas to identify Does allowed in bittorrent copyright case: MCGIP v Does (Chicago IP Litigation Blog)

Righthaven – RIAA and AAP file amicus brief in Righthaven appeal: Righthaven v Hoehn (EFF)

 

US Trademarks & Domain Names

ICE admits year-long seizure of music blog was a mistake (Ars Technica) (TorrentFreak)

 

US Trade Marks & Domain Names – Decisions

District Court New Mexico: RIM drops BBX OS moniker in favor of BlackBerry 10 after court loss: Basis International v RIM (Ars Technica)

 

US Trade Marks & Domain Names – Lawsuits and strategic steps

BlueBox Now – Seattle startup overcomes trademark challenge by changing its name (Seattle Trademark Lawyer)

Facebook – Facebook’s trademark enforcement effort against “Faceporn” hits jurisdictional snag: Facebook v. Pedersen (Technology & Marketing Law Blog)

Groupon – Trademark lawsuit against groupon isn’t going well: Groupion v. Groupon (Technology & Marketing Law Blog)

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