Online Global Week in Review 13 July 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:

European Parliament votes 478 to 39 to reject ACTA (KEI) (Michael Geist) (EFF) (TorrentFreak) (The 1709 Blog) (PatLit) (IPKat) (IP Watch) (Ars Technica)

CJEU: Downloadable software can be re-sold by purchaser, but not for different number of users than originally licensed: UsedSoft v Oracle (Out-Law) (The 1709 Blog) (IPKat) (Ars Technica)

EWHC (Pat) clears HTC of infringement of four Apple patents: HTC v Apple (FOSS Patents) (Out-Law) (EPLAW) (PatLit) (IPKat)

EWHC (Pat): Samsung Galaxy tablets do not infringe Apple’s registered design No. 000181607-0001: Samsung v Apple (Protecting Designs) (Class 99) (IPKat) (Ars Technica)

Apple, Proview settle on 60 million for iPad trademark (China Hearsay) (China IPR)


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

UN Human Rights Council resolution on Internet rights (IP Watch) (TechnoLlama)


Global – Copyright

Exit ACTA, enter TPP (Spicy IP)

Internet users against shut out of secret TPP negotiations (EFF)

ACTA lives: How the EU & Canada are using CETA as backdoor mechanism to revive ACTA (Michael Geist)

The inclusion of ACTA within CETA: Why the concern is warranted (Michael Geist)

What does the secret TPPA text say about copyright exceptions? (KEI) (EFF)

TPP Stop the Trap petition delivered with over 90,000 signatures to the USTR (EFF)

MPAA/RIAA lose big as US backs copyright “limitations” (Ars Technica)

Joint statement of civil society groups on U.S. TPP copyright proposal (KEI) (EFF)

US proposes 3-step test for copyright exceptions in Trans-Pacific trade talks (IP Watch) (Ars Technica)

A new solution for label disputes – re-record your back catalogue! – Def Leppard announce plans to rerecord due to digital royalties dispute (The 1709 Blog)

A light at the end of the tunnel? An artist’s view of business models in the internet era (IP finance)

Top 10 takedowns in Google’s Copyright Transparency Report (EFF)


Global – Trade Marks & Domain Names

Widespread participation is key in Internet governance (EFF)

Enhanced cooperation task force for Internet governance? (IP Watch)

MARQUES on issues raised by new gTLD applications (Class 46)

US awards contract for key Internet function to ICANN (IP Watch)


Global – Patents

ITU to hold high-level talks on “innovation-stifling, rampant” patent litigation (IP Watch) (FOSS Patents)

Mobile patent disputes creating a new class of ‘celebrity judge’ (Patentology)

New study, same authors: patent trolls cost economy $29 billion yearly (Ars Technica)



UK decision in HTC v Apple will not influence cases in Australia (Patentology)



Bill C-11 receives royal assent (Michael Geist)

Canadian government announces plans to block copyright levy on microSD cards (Michael Geist)

Federal Court offers substantial clarification on what is a “substantial part of a work” and why linking is not copyright infringement in Warman v Fournier (EXCESS COPYRIGHT) (The 1709 Blog)

SCC: Free music previews do not infringe copyright: SOCAN v Bell Canada (The 1709 Blog)

Canadian Supreme Court embraces fair use in landmark decisions (Ars Technica)

RIM’s troubles and Canadian patents (Patent Librarian’s Notebook)



China announces online IP crackdown: What about cloud storage? (China Hearsay)

Apple, Proview settle on 60 million for iPad trademark (China Hearsay) (China IPR)

Enter the Snow Leopard: Apple’s next China trademark dispute? (China Hearsay)



European Parliament votes 478 to 39 to reject ACTA (KEI) (Michael Geist) (EFF) (TorrentFreak) (The 1709 Blog) (PatLit) (IPKat) (IP Watch) (Ars Technica)

EC says ACTA ISP provisions dropped from CETA, yet most of ACTA likely remains intact (Michael Geist)

EU Commission publishes draft directive on collective management of copyright and related rights (IPKat) (The 1709 Blog) (Out-Law) (Ars Technica)

CJEU: Downloadable software can be re-sold by purchaser, but not for different number of users than originally licensed: UsedSoft v Oracle (Out-Law) (The 1709 Blog) (IPKat) (Ars Technica)

AG Cruz Villalon advises English Court of Appeal in Football Dataco v Sportradar (IP Whiteboard)

InfoSoc and Enforcement Directives: Austria asks more questions of the CJEU (IPKat)



YouTube-MP3 fights Google with lawyers and 220K+ signature petition (TorrentFreak)

Nokia hits RIM with three more patents in Munich (FOSS Patents)

German court doubts that Android infringes Apple’s touch event model patent (FOSS Patents)



ACTA rejected: The fight for internet freedom tastes success – India to follow? (Spicy IP)



Indonesian ISPs volunteer to police the web (The 1709 Blog)



Irish court reinstates ‘three strikes’ anti-piracy regime after rejecting privacy concerns (Out-Law)



Israel Court rules that there is copyright in a font and Microsoft ordered to pay 512,000 New Israel Shekels (The IP Factor)



Censoring The Pirate Bay is futile, ISPs reveal (TorrentFreak)


New Zealand

Kim Dotcom offers to come to US rather than be extradited (Ars Technica) (TorrentFreak)

Kim Dotcom’s extradition hearing delayed until 2013 (TorrentFreak)



Pirate Bay founder submits emotional plea for pardon (TorrentFreak)


United Kingdom

BIS Committee’s report on Hargreaves Review. Where next? (The 1709 Blog) (Out-Law)

Music labels prepare action to block major BitTorrent sites (TorrentFreak)

EWHC (Pat) clears HTC of infringement of four Apple patents: HTC v Apple (FOSS Patents) (Out-Law) (EPLAW) (PatLit) (IPKat)

EWHC (Pat): Samsung tablets do not infringe Apple’s registered design No. 000181607-0001: Samsung v Apple (Protecting Designs) (Class 99) (IPKat) (Ars Technica)

UK announces updates to copyright licensing  (IP Watch) (Out-Law)

Orphan work usage will have to be paid for under new copyright law, Government says (Out-Law)

Calculating the worth of a copyright claim (arising from YouTube clip): “Dappa Dred” EWCA (Civ) decision in Sullivan v Bristol Film Studios (IP finance)


United States

US Patents

As ITC mulls Xbox, iPhone import bans, Senators target patent system – Senators ask if injunctions based on standard-essential patents should be valid (Ars Technica) (KEI) (FOSS Patents)

Six Senators oppose exclusion orders over standard-essential patents (FOSS Patents)

RIM’s latest letter to the ITC should have investors worried about the value of its patents (FOSS Patents)

Google/Motorola reportedly being investigated by the FTC for suspected FRAND abuse (FOSS Patents)


US Patents – Decisions

CAFC rules computer-related claims to be patentable subject matter: CLS Bank v Alice (Inventive Step) (Patently-O)

CAFC: Samsung wins temporary stay of Galaxy Nexus ban: Apple v Samsung (FOSS Patents)

CAFC denies immediate stay of Galaxy Tab 10.1 injunction: Apple v Samsung (FOSS Patents)

ND California: Judge grants Apple a preliminary injunction against Samsung/Google Galaxy Nexus over Siri patent (Ars Technica) (FOSS Patents)

ED Texas: Fractus verdict affirmed in JMOL rulings; damages enhanced but no injunction: Fractus v Samsung et al (

ED Texas: Summary judgment of invalidity granted: Juxtacomm-Texas Software v Axway (

ED Texas: Failure to disclose structure of means-plus-function claim renders claim invalid even if structure would be “trivial” for skilled artisan to create: Taylor v IBM (Docket Report)

SD New York: “Content dependent data decompression” and “content independent data decompression” deemed indefinite and lacking written description: Realtime Data v Morgan Stanley (Docket Report)

ITC denies review of decision that HTC cannot sue Apple over Google’s patents (FOSS Patents)


US Patents – Lawsuits and strategic steps

Anu IP – ALJ Pender grants motion to terminate investigation in Certain Electronic Devices Having A Retractable USB Connector (337-TA-843) (ITC 337 Law Blog)

Apple – ND Illinois: Apple v Motorola: Summary judgment summarily denied (Chicago IP Litigation Blog)

Apple – ND Illinois: Apple v Motorola: Doctrine of equivalents would vitiate claim limitation (Chicago IP Litigation Blog)

Apple – ND California: Samsung wants to put roughly 700 questions before the jury –  Apple, only 49 (FOSS Patents)

Apple – ND California: Galaxy Tab 10.1 injunction remains in effect for now – CAFC to make next decision (FOSS Patents)

Apple – ND California: Judge Koh deals next blow to Samsung, denies all 12 of its summary judgment requests (FOSS Patents)

Apple – Sprint files amicus brief with Federal Circuit, opposes Galaxy Nexus ban (FOSS Patents)

Apple – Federal judge clears Apple of infringement of a Samsung patent ahead of summer trial (FOSS Patents)

Apple – Apple’s and Samsung’s pre-trial statement and motions in limine (FOSS Patents)

Apple – Apple and Samsung drop additional clims against each other ahead of US trial (FOSS Patents)

Eastman Kodak – ALJ Pender issues public version of remand determination in Certain Mobile Telephones And Wireless Communication Devices Featuring Digital Cameras (337-TA-703) (ITC 337 Law Blog)

Eastman Kodak – Assertion of privilege as to prior settlements precludes use of settlements to show nonobviousness: Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof, 337-TA-703 (Docket Report)

Facebook – Facebook obtains prosecution bar against Pragmatus for reexamination (WHDA)

Google – Google request for reexamination of Walker Digital patent, among those filed week of June 25, 2012 (WHDA)

HTC – Apple and HTC agree on mid-December date for ITC trial in new enforcement action (FOSS Patents)

HTC – ITC investigates Apple’s enforcement complaint against HTC but no new ban for now (FOSS Patents)

HTC – Recent filings provide clues to terms of Google-HTC patent deal rejected by ITC judge (FOSS Patents)

HTC – HTC raises FRAND defense against non-FRAND Nokia patents (FOSS Patents)

Microsoft – Microsoft and Google agree to stay three U.S. patent lawsuits until FRAND issues are resolved (FOSS Patents)

Microsoft – Two vendors pay Microsoft for the right to sell cheap Android tablets (Ars Technica)

Motorola Mobility – ITC determines to review initial determination and remand the investigation to the ALJ in Xbox case Certain Gaming And Entertainment Consoles (337-TA-752) against Microsoft (ITC 337 Law Blog) (Ars Technica)

ObjectVideo – ObjectVideo files new 337 complaint regarding Certain Video Analytics Software against Pelco (ITC 337 Law Blog)

Openwave – ALJ Gildea denies Apple’s motion to strike infringement contentions in Certain Devices For Mobile Data Communication (337-TA-809) (ITC 337 Law Blog)

Openwave – ALJ Gildea denies motion to preclude in Certain Devices for Mobile Data Communication (337-TA-809) (ITC 337 Law Blog)

Oracle – Google submits $4 million bill for costs in Oracle lawsuit (Ars Technica)

S3 Graphics – ALJ Gildea rules on S3’s motion to strike  notice of prior art and Apple’s motion for leave to file amended notice of prior art in Certain Electronic Devices With Graphics Data Processing Systems (337-TA-813) (ITC 337 Law Blog)

SAP – Failure to serve infringement contentions warrants summary judgment of noninfringement: SAP v Datatern (Docket Report)

Yahoo! – Yahoo! and Facebook settle patent dispute and commit to further collaboration (Out-Law) (Ars Technica)


US Copyright

SOPA architect now pushing for “IP Attaché” legislation (Ars Technica) (EFF)

Anti-SOPA veterans issue declaration of Internet freedom (Ars Technica)

Time for members of Congress to pledge to uphold Internet freedom (EFF)

Ron Paul group launches campaign against Internet regulation (Ars Technica)


US Copyright – Decisions

5th Circuit upholds sanctions award against copyright troll attorney in Mick Haig Productions v Does 1-670 (EFF) (Recording Industry vs The People) (TorrentFreak)

SD New York: Victory for open WiFi: Judge rejects copyright troll’s bogus “negligence” theory: Liberty Media v Tabora (EFF) (Technology & Marketing Law Blog)

SD New York: Preliminary injunction denied in ABC v Aereo (Recording Industry vs The People) (Ars Technica)

ND California:  Can Korean copyright owners sue Australian defendants in California? Judges disagree: DFSB Kollective v. Bourne (Technology & Marketing Law Blog)

New York: Court recognizes DMCA safe harbor in Universal v Grooveshark lawsuit (TorrentFreak)


US Copyright – Lawsuits and strategic steps

Apple – DMCA takedown notices are not just for content – Apple using the DMCA to stop early sales of iOS 6 (Internet Cases)

Authors Guild – EFF backs libraries in battle over book digitization: Authors Guild suit against reference uses flies in the face of fair use: Authors Guild v HathiTrust (EFF)

Barker, Jennifer – Accused of downloading porn, Kentucky woman sues the pornographers K-Beech, Malibu Media, Patrick Collins and Third Degree Films (Ars Technica)

Carreon, Charles – Charles Carreon drops bogus lawsuit against The Oatmeal creator (EFF) (Ars Technica)

Dish Network – Dish Network v ABC to continue (Recording Industry vs The People)

Liberty Media – Cyberlocker Oron offered to help prosecute users to settle $34.8m copyright suit (TorrentFreak)

Lightspeed Media – Illinois Supreme Court nixes latest porn trolling scheme – Court not impressed by claims of 6,600-person conspiracy to hack a porn site (Ars Technica)

Malibu Media – Malibu Media v Does 1-20 voluntarily dismissed because time period for which ISP’s kept records elapsed (Recording Industry vs The People)

Megaupload – Kim Dotcom says Megaupload shutdown was Joe Biden’s idea (Ars Technica) (TorrentFreak)

Megaupload – Judge appears skeptical towards government position on Megaupload data (Ars Technica)

Megaupload – Top artists line up for Kim Dotcom’s Megabox (TorrentFreak)

Righthaven – Defunct copyright troll Righthaven seeks resurrection – Righthaven’s former chief executive wants to appeal a lost infringement case (Ars Technica)

Tampa Bay Arena – Photographer’s suit against client for republishing photos on Facebook proceeds – Davis v. Tampa Bay Arena (Technology & Marketing Law Blog)

Universal Music Group – Royalty reducers back in the spotlight – Eminem digital royalty case progresses (The 1709 Blog)

Wiley & Sons – KEI, EFF, other public interest groups file amicus briefs in Kirtsaeng v Wiley & Sons (copyright first sale doctrine case) (KEI) (The 1709 Blog) (EFF)


US Trade Marks & Domain Names – Decisions

TTAB reverses 2(d) and 2(e)(1) refusals of “ATTORNEYPAGES” for online legal directory (TTABlog)


US Trade Marks & Domain Names – Lawsuits and strategic steps

Home Décor Center – Google sued again for AdWords trademark infringement: Home Decor Center v. Google (Technology & Marketing Law Blog)

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