Online Global Week in Review 13 August 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.

Highlights this week included:

ADVERTISING.COM, generic or descriptive?: Advertise.com, Inc v. AOL Advertising, Inc (9th Cir.) (IP Law Chat) (Technology & Marketing Law Blog) (Seattle Trademark Lawyer)

CAFC: Inconsistent characterisation (and partial disclosure) of disputed prior art may lead to inequitable conduct; No joint infringement despite strategic partnership, joint distribution agreement and packages sales: Golden Hour Data Systems, Inc v emsChart, Inc (Peter Zura’s 271 Patent Blog) (IPBiz) (Patently-O) (The Point of Novelty)

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

You aint seen nothing yet – Internet growth and industry change (Singularity Law)

Global – Copyright

The Internet Age: The culprit for a rise in plagiarism? (IP Osgoode)

Austria

Copyright boss refuses debate with Pirate Bay co-founder (TorrentFreak)

Bulgaria

Ex-torrent site admin to face ‘copyright crime’ charges (TorrentFreak)

Canada

FTC settles suit against Canadian domain name scammers (ArsTechnica)

C-32’s fair dealing fears greatly exaggerated – Hill Times edition (Michael Geist)

China

Ip Man 2 Movie piracy case a rare event in China (TorrentFreak)

CNNIC amends its policies on wireless domain disputes (China Blawg)

New measures concerning online games come into effect (China Blawg)

Europe

Google liberalizes its European trademark policy (Technology & Marketing Law Blog)

Japan

Cooperation of Google and Yahoo Japan is not monopoly? (China Blawg)

New Zealand

Internet ban proposed for serial copyright infringers (TorrentFreak)

Netherlands

Court of The Hague: Nintendo games more than just ‘computer software’ (1709 Blog)

Norway

After epic battle, anti-piracy lawyers finally get their man (TorrentFreak)

United States

US Patents

Pharma and software companies file joint amicus brief in Therasense case (Patent Docs)

Post-Bilski Part II: electricity vs. communication signals – Is there a patentable difference? (IP Spotlight)

Eben Moglen on Bilski, software patents and big pharma (The Prior Art)

US Patents – Decisions

CAFC reverses determination of inequitable conduct based on lack of intent: Ring Plus v. Cingular Wireless (Patently-O)

CAFC: Inconsistent characterisation (and partial disclosure) of disputed prior art may lead to inequitable conduct: Golden Hour Data Systems, Inc v emsChart, Inc (Peter Zura’s 271 Patent Blog) (IPBiz)

CAFC: No joint infringement despite strategic partnership, joint distribution agreement and packages sales: Golden Hour Data Systems, Inc v emsChart, Inc (Patently-O) (The Point of Novelty)

US Patents – Lawsuits and strategic steps

Apple – A patent a day, keeps the competitors away – over two and a half years after release of iPhone, Apple files patent application to protect three apps (IP Whiteboard)

Apple – ALJ Bullock rules on claim construction in certain mobile communications and computer devices (337-TA-704) involving Apple and Nokia (ITC Law Blog)

Microsoft – Friends again – Microsoft and Salesforce settle (Tangible IP)

Pioneer – ALJ Charneski rules on motion to strike in certain multimedia display and navigation devices and systems (337-TA-694) (ITC Law Blog)

Ricktek – Two parties terminated and third party moves for termination in DC-DC controller investigation (ITC 337 Update)

Spansion – Spansion files new 337 complaint regarding certain flash memory chips; respondents include Samsung, Apple, BenQ and others (ITC Law Blog) (ITC 337 Update)

US Copyright

New antipiracy countermeasures await returning students (ArsTechnica)

US Copyright – Decisions

District Court E D Virginia: State law claims against Turnitin fail: Christen v. Iparadigms, LLC (Internet Cases)

District Court N D Illinois: Plaintiff must choose between Lanham Act or copyright damages in default judgment: Flava Works, Inc. v. Wyche d/b/a DGSource.com (Chicago IP Litigation Blog)

US Copyright – Lawsuits and strategic steps

BusyBox – BusyBox takes out bankrupt opponent in GPL lawsuit (ArsTechnica)

Henley, Don – Henley, DeVore settle lawsuit; Henley rails against remixes and mash-ups, YouTube, ‘dark side’ of Internet; songs are not ‘toys of playthings’ (Copyrights & Campaigns) (IP Whiteboard)

Lucas Entertainment – 53 gay porn pirates face new round of P2P lawsuits (ArsTechnica) (TorrentFreak)

Righthaven – Avoiding the wrath of Righthaven (Las Vegas Trademark Attorney) (Las Vegas Trademark Attorney) (IP finance)

Tenenbaum, Joel – My Washington legal foundation ‘Legal Backgrounder’ on Tenenbaum statutory damages ruling (Copyrights & Campaigns)

Thomas-Rasset, Jammie – Third Thomas-Rasset trial moved to Nov. 1 (Copyrights & Campaigns)

US Copyright Group – Why US Copyright Group abandoned its first two P2P lawsuits (ArsTechnica)

Viacom – Viacom’s billion-dollar lawsuit lives on: Viacom v. YouTube/Google (ArsTechnica)

US Trade Marks & Domain Names – Decisions

ADVERTISING.COM, generic or descriptive?: Advertise.com, Inc v. AOL Advertising, Inc (9th Cir.) (IP Law Chat) (Technology & Marketing Law Blog) (Seattle Trademark Lawyer)

Second Circuit personal jurisdiction: Chloe v Queen Bee – One trap sale ‘Might well be’ sufficient (Trademark Blog)

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