Online Global Week in Review 16 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:

Samsung suffers second and even more important FRAND defeat to Apple in the Netherlands (FOSS Patents) (EPLAW)

UK Home Secretary approves TVShack creator’s extradition to US (IPKat) (TorrentFreak) (Ars Technica) (Out-Law) (The 1709 Blog)

Yahoo! suing Facebook over alleged patent infringement (Out-Law) (Ars Technica) (Ars Technica) (IAM) (Tangible IP)


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 – Copyright

Paper: States Need To Be Cautious With Internet Intermediary Liability (IP Watch)

Sony and Cheap Trick agree settlement in digital royalty dispute (The 1709 Blog)

More on Pinterest and copyright (TechnoLlama)

Grooveshark fights to keep music open and unlimited (TorrentFreak)

EU and US team up on e-book antitrust case against Apple, publishers (Ars Technica)


Global – Trade Marks & Domain Names

US government scuttles plan to share control of the Internet (IP Watch)

Costa Rican President tells ICANN of concern over Internet restrictions (IP Watch)


Global – Patents

Opinion: The problem with software patents? They don’t scale (Ars Technica)

AOL Board fight on patent monetization (The Intangible Economy)

Kodak hires investment, no IP Firm, to sell patents (IPEG)



Bill C-11 Committee review concludes: what happened and what comes next (Michael Geist)

Copyright Bill Hits the Home Stretch: C-11 Clause by Clause Review Today (Michael Geist)

Proposed Bill C-11 Amendments: Gov says no changes to digital locks, fair dealing or user provisions (Michael Geist)

Liberals launch Bill C-11 petition calling for balanced digital lock rules (Michael Geist)

Closing time on C-11: Help stop the final push for SOPA-style reforms & efforts to gut fair dealing (Michael Geist)

#C11 & just say no to policy bullying and the imposition of laws based on policy-based evidence making (Excess Copyright)

The Canadian Bar Association copyright submission on Bill C-32 (now C-11) – some useful links (Excess Copyright) (Michael Geist)



Council Of Europe passes Internet Governance Strategy (IP Watch)

European Commission defines FRAND abuse more broadly than German courts do (FOSS Patents)

European Commission document confirms Apple refused to grant Motorola a portfolio cross-license (FOSS Patents)



Database copyright in France (The 1709 Blog)



Munich court won’t ban Motorola Gleam at this stage for infringement of an Apple patent of doubtful validity (FOSS Patents)

Court orders RapidShare to filter user uploads (TorrentFreak)



Saregama on a litigation spree before the Calcutta High Court; sues PPL, Select Media, Eros (for 11 seconds of infringement!), etc. (Spicy IP)

387 Indian ISPs must block 104 piratical websites (Ars Technica)



Samsung suffers second and even more important FRAND defeat to Apple in the Netherlands (FOSS Patents) (EPLAW)



Domain registrar confirms new Pirate Bay investigation (TorrentFreak)

Leaked: Police plan to raid The Pirate Bay (TorrentFreak)


United Kingdom

‘Pay up or else’ bittorrent scheme resurrected in UK High Court – Golden Eye case against Telefonica UK (TorrentFreak)

UK Home Secretary approves TVShack creator’s extradition to US (IPKat) (TorrentFreak) (Ars Technica) (Out-Law) (The 1709 Blog)

High Court quashes pub landlady conviction over football copyrights infringement: Karen Murphy v Media Protection Services (Out-Law) (The 1709 Blog)

EWCA (Civ): It may not be elegant but at least it’s legal: appeal court rules on wash-up Act: British Telecommunications v BPI (IPKat)

The tale of Tatty Devine: of tweets, trends and trouble for Claire – Use of social network sites to try and force copycat products out of the market (IPKat)


United States

US General

California judge rules Kaleidescape violated terms of its DVD licensing agreement by allowing consumers to rip DVDs (Ars Technica)

RPX: Patent aggregator and alleged antitrust conspirator: Cascades Computer Innovation v. RPX, HTC, LG, Motorola, Dell, Samsung (Patently-O)


US Patents

The week in patent wars: Apple wins one, loses another, and asks for money (Ars Technica)


US Patents – Decisions

CAFC: Disavowal of claim scope and Beauregard method claims: Digital-Vending Services International, LLC v. The University of Phoenix, Inc (Patently-O)

CAFC take a broad view of broadening reissue deadline: In re Staats (Pharma Patents)

CAFC: Must U.S. courts enter “swamp” of patent eligibility standards as a threshold issue in all patent cases?: MySpace, Inc. v. GraphOn Corp (PatLit)

BPAI: First decide indefiniteness, then subject matter eligibility: Ex parte Adelman (Patently-O)


US Patents – Lawsuits and strategic steps

Apple – ALJ Gildea grants motion to quash subpoena in Certain Portable Electronic Devices and Related Software (337-TA-797) (ITC 337 Law Blog)

Apple – Apple brings in 73 Korean-American contract attorneys and 20 reviewers to sift through tons of Samsung documents (FOSS Patents)

Apple – Apple drops two ‘display space’ patents from litigation with Motorola in Miami (FOSS Patents)

Apple – Apple streamlines ITC case against Samsung, drops one entire patent and 15 claims of two other patents (FOSS Patents)

Apple – Judge Posner praises Apple’s claim constructions as ‘superior’, calls a Motorola proposal ‘ridiculous’ (FOSS Patents)

Apple – Motorola says ‘numerous individuals […] wrote about prior art invalidating Apple’s patents’ (FOSS Patents)

British Telecom – British Telecom withdraws triple damages claim and certain allegations against Google to avoid delay (FOSS Patents)

Elpida Memory – ALJ Gildea denies motion to compel in Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803) (ITC 337 Law Blog)

LSI – LSI files new 337 complaint regarding Certain Audiovisual Components (ITC 337 Law Blog)

MOSAID – ALJ Gildea denies motion to strike in Certain Equipment For Communications Networks (337-TA-778) (ITC 337 Law Blog)

Openwave – ALJ Pender denies motion to quash subpoenas or impose costs in Certain Electronic Devices With Communication Capabilities (337-TA-808) (ITC 337 Law Blog)

Oracle – Google wants Oracle trialset for 16 April pushed back — preferably by a few months, alternatively by two weeks — UPDATE: judge discourages motion (FOSS Patents) (FOSS Patents)

Oracle – Oracle offers withdrawal of three more patents in exchange for spring trial against Google (FOSS Patents)

Overland Storage – ALJ Bullock strikes new arguments in Certain Automated Media Library Devices (337-TA-746) (ITC 337 Law Blog)

Pragmatus – Pragmatus files new 337 complaint regarding Certain Consumer Electronics (ITC 337 Law Blog)

Trek 2000 International – ALJ Essex grants motion to strike expert testimony in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives (337-TA-788) (ITC 337 Law Blog)

Yahoo – Yahoo! suing Facebook over alleged patent infringement (Out-Law) (Ars Technica) (Ars Technica) (IAM) (Tangible IP)


US Copyright

ISPs’ six strikes enforcement plan in force next July (The 1709 Blog) (TorrentFreak)

Copyright Math: a quantitative reasoning master class by Rob Reid (video) (Ars Technica) has reached a deal with all four of the major record labels (The 1709 Blog)

Rogers’ “Cybersecurity” Bill is broad enough to use against WikiLeaks and The Pirate Bay (EFF)


US Copyright – Decisions

District Court Nevada declares newspaper excerpt on online forum is a non-infringing fair use: Righthaven v Democratic Underground (EFF)

District Court Nevada: Judge orders failed copyright troll to forfeit “all” copyrights: Righthaven v Wayne Hoehn (Ars Technica)


US Copyright – Lawsuits and strategic steps

AF Holdings – EFF backs ISPs in battle to quash copyright troll subpoenas: AF Holdings v Does 1-1058 (EFF)

Grooveshark – RIAA opposes dismissal motions in Arista v Escape Media (Grooveshark) (Recording Industry vs The People)

Hotfile – Emboldened by Megupload shutdown, Hollywood targets Hotfile (Ars Technica)

Megaupload – Kim Dotcom: Many Megaupload users at the US government (TorrentFreak)


US Trade Marks & Domain Names – Decisions

District Court Nevada: mostly eliminates Zuffa’s Trademark and Communications Act claims over user-to-user live video streaming (Technology & Marketing Law Blog)

District Court N D Iowa: Who owns a domain name?: Fraserside IP L.L.C. v. Kovalchuk (Property, intangible)


US Trade Marks & Domain Names – Lawsuits and strategic steps

Facebook – Facebook faces jurisdictional hurdle in its trademark lawsuit against Faceporn: Facebook v. Pedersen (Technology & Marketing Law Blog)

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