Online Global Week in Review 9 March 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:

EWCA (Civ): Digital Economy Act is in line with EU law: British Telecommunications v BPI (The 1709 Blog) (TorrentFreak) (Out-Law)

Search engines and online news aggregators could have to pay to use snippets from newspapers in Germany (Out-Law) (The 1709 Blog)

CAFC reverses USPTO on patent reissue dispute: In re Staats (Patents Post-Grant) (Patent Docs) (IPBiz) (Patently-O)


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 – General

Cyber security is not synonymous with protecting intangible assets (Business IP and Intangible Asset Blog)


Global – Copyright

Computer & Communications Industry Association proposes alternative text for TPPA, but proposals do not address many problems in the text (KEI)


Global – Trade Marks & Domain Names

Cybersquatting cases reached new record in 2011, WIPO reports (IP Watch)


Global – Patents

Something I don’t understand – Apple & Samsung (Tangible IP)

Apple offered to license its patents to Android handset makers at $15 a pop (Ars Technica) (FOSS Patents)

Who owns LTE patents? (IPEG)

Patent due diligence in patent driven M&A – Perspectives from Google, JDS Uniphase and IPVision (ipvision)

The February of FRAND (Patently-O)



Canadian music industry comments on C-11 copyright reforms (The 1709 Blog) (Michael Geist) (Michael Geist)

Bill C-11 extremism continues: The attack on fair dealing (Michael Geist)

Canadian Heritage: Why statutory damages do not belong in Bill C-11’s “enabler” provision (Michael Geist)



EU Digital Commissioner: Open public data, the oil of the Digital Age (IP Watch)



Search engines and online news aggregators could have to pay to use snippets from newspapers in Germany (Out-Law) (The 1709 Blog)

District Court Berlin: Facebook’s automatic worldwide exploitation right granted by users clicking off terms and conditions is invalid (IP Watch)



A landmark judgement on ‘parallel imports’ under the Trade Mark Act, 1999: Samsung Electronics Company Ltd. v. Kapil Wadhwa & Ors (Spicy IP)



Samsung’s new lawsuit against Apple in South Korea: no détente between those two companies (FOSS Patents)


United Kingdom

EWCA (Civ): Digital Economy Act is in line with EU law: British Telecommunications v BPI (The 1709 Blog) (TorrentFreak) (Out-Law)

London-based anti-piracy company mired in controversy after blaming hack for bogus DMCA takedown of comedian Dave Gorman’s work posted to Flickr (TorrentFreak)

With Digital Economy Act ruling due, ISPs stung with piracy claims (TorrentFreak)

EWPPC: Decisions of Nominet-appointed expert or appeal panel in .uk domain name disputes subject to review by a court: Michael Toth v Emirates (IPKat)


United States

US Patents – Decisions

CAFC reverses USPTO on patent reissue dispute: In re Staats (Patents Post-Grant) (Patent Docs) (IPBiz) (Patently-O)

CAFC continues split on patentable subject matter: MySpace v GraphOn (Patently-O)

ITC: ALJ Bullock grants HP and LM Ericson’s motions for summary determination of no S 337 violation in Certain Static Random Access Memories (337-TA-792) (ITC 337 Law Blog)

ITC: ALJ Essex issues initial determination of no S 337 violation in Certain Semiconductor Chips (337-TA-753) brought by Rambus against Cisco, NVIDIA Asustek and many more (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Apple – Apple wins claim contruction battle against Samsung at the ITC (FOSS Patents)

Apple – Judge orders Google and Motorola to give Apple details related to Android development process and Google’s acquisitions of Android and Motorola (Ars Technica)

Apple – June will be key month for Apple’s disputes with Motorola and Samsung in the United States (FOSS Patents)

Droplets – Motion to transfer granted: Droplets v E*Trade Financial Corporation (

Graphics Property Holdings – GPH files new 337 complaint against RIM, HTC, LG Apple, Samsung and Sony regarding Certain Consumer Electronics and Display Devices (ITC 337 Law Blog)

Lake Cherokee Hard Drive Technologies – Expert prohibited from testifying as to infringement regarding former employer; permitted as to other issues: Lake Cherokee Hard Drive Technologies, L.L.C. v. Bass Computers, Inc., et. al (

Mobile Media – Attack on MobileMedia Ideas audio delivery data patent, among the reexamination requests filed week of February 27, 2012 (WHDA)

Oracle – Pressure mounting on Oracle to drop patent claims against Google and focus on copyright (FOSS Patents)

Rambus – ALJ Essex grants joint motion to terminate the investigation as to Motorola based on a settlement agreements in Certain Semiconductor Chips (337-TA-753) (ITC 337 Law Blog)

Ultramercial – EFF urges Supreme Court to take stand on abstract patents: Ultramercial v Hulu (EFF)


US Copyright

In Massachusetts, tiny Pirate Party champions Internet freedom (Ars Technica)


US Copyright – Lawsuits and strategic steps

Hotfile – Hotfile as bad as Megaupload, MPAA tells court (TorrentFreak)

MegaUpload – US demands extradition of Megaupload suspects (TorrentFreak)

Spry Fox – Spry Fox sues LolApps/6Waves for copyright infringement and false designation of origin over highly similar video game (Patent Arcade)

Warner Bros – EFF calls foul on robo-takedowns – Warner must take responsibility for baseless copyright infringement notices (EFF) (TorrentFreak)


US Trade Marks & Domain Names – Decisions

Test your TTAB judge-ability: must Apple disclaim “LP” in ITUNES LP? (TTABlog)


US Trade Marks & Domain Names – Lawsuits and strategic steps – All your Internets belong to US, continued: The case (Michael Geist)

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