Online Global Week in Review 11 Nov 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 competition watchdog investigates Samsung and Apple patent dispute (Out-Law) (IPEG) (Ars Technica)

BPI and MPA demand UK Pirate Bay blockade (TorrentFreak) (Ars Technica) (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 – General

New Book – The Defense of the Mieza Hchip: IP Strategies for Tech Professionals (IP Think Tank)

Internet Governance v Internet Government (IP Osgoode)


Global – Copyright

Piracy is NOT theft: problems of a nonsense metaphor (TorrentFreak)

Less copyright liability found to boost cloud computing investment (IP Watch) now releasing photos under CC attribution-noncommercial (Creative Commons)


Global – Patents

How Apple punches above its weight in Smartphone disputes (Patentology)

Google: Microsoft uses patents when products “stop succeeding” (Ars Technica)

Trolls and tribulations — or lovers and licences? IV, LG tie the knot (IPKat)

Ericsson’s chief IP officer and a $15 billion patent portfolio (IAM)

Court filings reveal that Intellectual Ventures may have spent $1.6 billion on acquisitions (IAM)

Google does not lack patents because it is young, but because it did not prioritise them (IAM)

Valuing IP in Smartphones and LTE (IP finance)



Sabam imposes download levy (1709 Copyright Blog) (TorrentFreak)



Why copyright reform is not the cure for what ails the music industry (Michael Geist) (Michael Geist)

The daily digital lock dissenter, day 27: Association of Universities and Colleges of Canada (Michael Geist)

The daily digital lock dissenter, day 27: Association of Canadian Community Colleges (Michael Geist)

The daily digital lock dissenter, day 26: Canadian Association of Media Education Associations (Michael Geist)

The daily digital lock dissenter, day 25: Canadian Assoc of Music Libraries, Archives and Doc Centres (Michael Geist)

The daily digital lock dissenter, day 24: Federation Etudiante Universitaire du Quebec (Michael Geist)

The daily digital lock dissenter, day 23: Canadian Association of Law Libraries (Michael Geist)



Chinese trade secret cases via internet might be tip of the iceberg (IP Dragon)

Fighting off cybersquatters in China (China Law Insight)

How to stop China-based domain name theft (China Law Insight)



European Court of Justice set to rule on crucial internet filtering case: Scarlet Extended v. SABAM (TorrentFreak)

EU competition watchdog investigates Samsung and Apple patent dispute (Out-Law) (IPEG) (Ars Technica)

Private investment can help fund rapid digitisation of cultural works, Commission says (Out-Law)

TV Catchup paused as High Court refers to Europe (JIPLP)

Opinion of the European Economic and Social Committee on ‘Intellectual property rights in the music sector’ (IPR Heldesk)



France: SYRELI, the new domain name dispute system (Class 46)

“Dirty word” bittorrent admin faces furniture seizure to pay piracy fine (TorrentFreak)



Federal Supreme Court: Nullity actions and parallel proceedings: Mautberechnung (Toll calculation) (EPLAW)

German lawyers say Apple urgently needs (and will probably get) a temporary suspension of Motorola’s injunction (FOSS Patents)

Motorola Mobility won a formal injunction against Apple in Germany over two patents — UPDATE: it’s not “totally symbolic” (FOSS Patents)

Two more German Motorola-Apple trials scheduled for November 18 and December 2 (FOSS Patents)

Samsung could win German injunction(s) against Apple’s 3G-capable products in late January — enforceability would be clarified later (FOSS Patents)

Police arrest fugitive suspect in piracy ring (TorrentFreak)



India proposes new UN body for Internet related policies (Spicy IP)



Cybercrime police shut down five file-sharing sites (TorrentFreak)



Major Usenet provider shuts down following court order (TorrentFreak)

ISPs: Blocking The Pirate Bay violates freedom of expression (TorrentFreak)



The Pirate Bay trademark handed to alcohol entrepreneur (TorrentFreak)



Taiwan Supremes affirm revocation of Nichia design patent (Green Patent Blog)


United Kingdom

BPI and MPA demand UK Pirate Bay blockade (TorrentFreak) (Ars Technica) (Out-Law)

MPA asks more ISPs to block Newzbin2 (Out-Law)

Meltwater appeal to go to Supreme Court (1709 Copyright Blog)

Protecting kids – and patents too? – EWHC (Pat) rules on patentability of computer implemented invention, simulation of a mental act in In re Protecting Kids the World Over (PKTWO) Ltd (IPKat)


United States

US Patents

Patent Wars: a new infographic (PatLit)

Expert: Regulators “slow to catch up” to Microsoft patent bullying(Ars Technica)


US Patents – Decisions

CAFC: Claim construction in the abstract: Typhoon v Dell (Patently-O) (IPBiz)

CAFC: Patentable subject matter – Relying on Benson; construing claims for eligibility: Fuzzysharp v 3D Labs (Patently-O) (IPBiz)


US Patents – Lawsuits and strategic steps

Apple – Apple unlocks another patent war weapon in Smartphone market – USPTO grants slide-to-unlock patent (IP Osgoode) (IPKat)

DCG Systems – Model order on e-discovery adopted in case involving competitors: DCG Systems v Checkpoint Technologies (Docket Report)

Extreme Networks – District Court declines to “expand” on Federal Circuit’s claim construction: Extreme Networks v Enterasys Networks (Docket Report)

Google – Google challenge to Tierravision geographic database patent among the reexamination requests filed week of October 31, 2011 (WHDA)

Google – Google’s appeal of the Lindholm email decision to the Federal Circuit is a long shot (FOSS Patents)

Google – Google’s five failed attempts to give confidential status to ‘damning’ email in Oracle case (FOSS Patents)

Microsoft – Barnes & Noble: Microsoft using patents to cripple Android competition (Ars Technica)

Microsoft – Microsoft asks ITC to compel Google to provide material related to Barnes & Noble’s antitrust claims (FOSS Patents)

Motiva – ALJ Rogers issues notice of initial determination in Certain Video Game Systems and Controllers (Inv. No. 337-TA-743) (ITC 337 Law Blog)

Motorola – Motorola’s ITC case against Microsoft’s Xbox delayed by three months (FOSS Patents)

Nintendo – S D New York: Location of documents and convenience of witnesses and parties given little weight in venue analysis: Tomita v Nintendo (Docket Report)

S3 Graphics – ITC institutes investigation (337-TA-813) against Apple regarding Certain Electronic Devices With Graphics Data Processing Systems (ITC 337 Law Blog)

SanDisk – Expert testimony that plaintiff’s worldwide licenses are “anticompetitive” not excluded from trial: SanDisk v Kingston Technology (Docket Report)

Sony – E D Texas Judge Davis on case management in mutiple defendant patent cases: Uniloc v Sony et al (

SRI International – Expert testimony concerning speculative “design arounds” excluded from trial: SRI International v Internet Security (Docket Report)

VIA Technologies – ITC institutes investigation (337-TA-812) regarding Certain Computing Devices With Associated Instruction Sets And Software (ITC 337 Law Blog)


US Copyright

Special 301 on steroids? Section 205 of HR 3261, the Stop Online Piracy Act (SOPA) is not just about the Internet (KEI)

Stop Online Piracy Act: A blacklist by any other name is still a blacklist (EFF)

Stop Online Piracy Act: Hollywood’s new war on software freedom and internet innovation (EFF) (Ars Technica)

Remember the “borderless” internet? It’s officially dead – SOPA (Ars Technica)

What Warner’s recklessness says about SOPA (Public Knowledge)

Piracy is bad for business, but so is SOPA (Public Knowledge)

SOPA: Immunity for net neutrality violations? (Public Knowledge)

Internet doomsday: Wrongs and rights of copyright fortune telling – PROTECT IP and SOPA (TorrentFreak)

Viacom so devastated by piracy that CEO gets $50 million raise (Ars Technica)

Occupy copyright (The Jersey Exile)

RIAA wants DCMA clarity from Congress (1709 Copyright Blog)


US Copyright – Decisions

Judge scolds Righthaven lawyer, adds another $32,000 judgment: Righthaven v. Leland Wolf (Ars Technica)


US Copyright – Lawsuits and strategic steps

John Wiley & Sons – Why BitTorrent for Dummies is biting Wiley (1709 Copyright Blog)

McCarthy, Bryan – ChannelSurfing admin pleads not guilty to criminal copyright charges (TorrentFreak)

O’Dwyer, Richard – British student fights extradition to US over TVShack link site (Ars Technica)

Universal Music – Artist’s digital royalty beef will go to court (1709 Copyright Blog)

Warner Bros – Warner Bros: we issued takedowns for files we never saw, didn’t own copyright to (Ars Technica) (TorrentFreak)


US Trade Marks & Domain Names – Decisions

CAFC on bad faith in trademark disputes: Estrada v Telefonos de Mexico (IPBiz)

Selling fake Cisco gear lands Kansas man in prison for 27 months (Ars Technica)

%d bloggers like this: