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Online Global Week in Review 17 Feb 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:

EU and US competition regulators approve Google’s planned takeover of Motorola Mobility (Out-Law) (Ars Technica) (FOSS Patents) (FOSS Patents)

CJEU: Courts cannot force social networks to broadly monitor for illegal file-sharing: Case C-360/10 SABAM v Netlog (Out-Law) (The 1709 Blog) (IPKat) (TorrentFreak)

UK: Alleged file-sharing website shut down by Serious Organised Crime Agency (The 1709 Blog) (Out-Law) (Ars Technica) (TorrentFreak)

US: Associated Press files lawsuit against Meltwater for copyright infringement and ‘hot news’ misappropriation (The 1709 Blog) (Recording Industry vs The People) (Ars Technica)

TXED: Jury decides Eolas’s “interactive web” patent is invalid: Eolas v Adobe (Ars Technica) (  


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

IPO is the perfect time for Facebook to formulate its long-term IP strategy (IAM)

A move into physical products will pose big IP challenges for Google (IAM)


Global – Copyright

TPP: Welcome to the global war on intermediaries (TechnoLlama)

Proposal for a new model giving rights to online sharing of content – new book by Philippe Aigrain (IP Watch)

Vimeo adds CC browse and search capabilities (Creative Commons)

Can a court order stop a torrent file? (TechnoLlama)


Global – Trade Marks & Domain Names

The new gTLDs: who, what and when (

WIPO offers dispute services for objections to new TLDs at ICANN (IP Watch)

Wikileak phenomena…new insider dimensions to corporate reputation risk! (Business IP and Intangible Asset Blog)


Global – Patents

The Fraught Issue of FRAND I: A FRAND Primer (Patentology)

The Fraught Issue of FRAND I: the politics of FRAND (Patentology)

Microsoft states commitment to FRAND licensing of standard essential patents (Out-Law) (IP Watch)

RPX breaks new ground in billion dollar patent licensing link up with Alcatel Lucent (IAM) (Tangible IP) (Tangible IP)

EU and US competition regulators approve Google’s planned takeover of Motorola Mobility (Out-Law) (Ars Technica)

Regulators to Google: You can buy Motorola, but we still don’t trust you (Ars Technica)



Justice Rares makes orders in Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2) (IP Whiteboard) (Inspire! blog)

FCA: No additional license fee for simultaneously transmitting radio broadcast via internet: Phonographic Performance Company of Australia Ltd v Commercial Radio Australia Limited (



Can You Hear Us Now? – Making your voice heard concerning copyright bill C-11 (Michael Geist) (EFF)

Canada’s C-11 Bill and the hazards of digital locks provisions (EFF)

Canadian government has consulted on copyright but won’t consider how its law will be enforced (Michael Geist)

Supreme Court of Canada rules ISPs are not broadcasters: Alliance of Canadian Cinema v Bell Aliant (Michael Geist)



Proview vs Apple – What happens if Proview goes to Customs? (China Hearsay)

Proview vs Apple fight gets serious – Proview files applications before AIC Beijing and elsewhere (China Hearsay)

Proview confirms it will apply to customs to halt movement of Apple’s iPad (China Hearsay)

Apple v Proview battle and lessons to be learned (China Law Blog) (China Hearsay) (Silicon Valley IP Licensing Law)

Apple vs. Proview: The assignment agreemnent! (China Hearsay)



CJEU to rule on whether ‘advertising’ to be interpreted to include use of domain name, metadata: Case C-657/11 Belgian Electronic Sorting Technology (IPKat)

Might one presume? Luxembourg court advises Austrians on German legal provisions – CJEU ruling in Case C‑277/10, Martin Luksan v Petrus van der Let (IPKat) (The 1709 Blog)

CJEU: Courts cannot force social networks to broadly monitor for illegal file-sharing: Case C-360/10 SABAM v Netlog (Out-Law) (The 1709 Blog) (IPKat) (TorrentFreak)

United by an AdWord, divided by a common language: Austria, Germany and Wintersteiger: AG delivers opinion in Case C‑523/10 Wintersteiger AG v Products 4U Sondermaschinenbau GmbH (IPKat)

EPO – Appeal not filed in the name of the true party: Can the deficiency be remedied? Referral to EBA: Zenon Technology v Siemens (EPLAW)

European Commission announces “A coherent framework for building trust in the Digital Single Market for e-commerce and online services” (IPKat) (The 1709 Blog)

European Commission clears Google-Motorola deal but with reservations concerning standard-essential patents (FOSS Patents) (FOSS Patents)

Two more huge loopholes identified in Google FRAND letter to standards bodies (FOSS Patents) (FOSS Patents)

ACTA doubts rampant in Europe; industry call for “reasoned assessment” (IP Watch)

Massive street protests wage war on ACTA anti-piracy treaty (TorrentFreak)

Latvia freezes ACTA ratification, Germany won’t sign for now (Michael Geist) (Ars Technica)

Smartphone patent warriors beware – the European competition authority scents blood (IAM) (Out-Law)



Apple sues Samsung in Mannheim over patent based on which Munich court denied preliminary injunction last week (FOSS Patents)

Munich I Regional Court: Apple wins German injunction against most of Motorola’s slide-to-unlock implementations (FOSS Patents) (Ars Technica)

Mannheim Regional Court: Winning streak ends: Motorola Mobility fails to win 3G/UMTS-based injunction against Apple in Germany (FOSS Patents) (Ars Technica)

Book publishers ‘shut down’ and (TorrentFreak)



Professor Hugenholtz of State Committee on Copyright Law wants to relax copyright laws that stop ‘creative remixes’ (The 1709 Blog) (Out-Law)



Sinde (website blocking law) to be challenged in the Supreme Court (The 1709 Blog)

Spanish courts ignore Sinde principle (The 1709 Blog)



The Pirate Bay says goodbye to (most) torrents on February 29 (TorrentFreak)

Pirate Bay changes domain from .org to .se to prevent seizure by US authorities – RIAA response: The Pirate Bay is the worst of the worst (TorrentFreak)

Pirate Bay: The RIAA is delusional and must be stopped (TorrentFreak)

Single movie download could see Swedes prosecuted (TorrentFreak)


United Kingdom

Meltwater: Copyright Tribunal rules proposed newspaper content licensing fees not wholly ‘reasonable’ (Out-Law) (The 1709 Blog) (The 1709 Blog)

Alleged file-sharing website shut down by Serious Organised Crime Agency (The 1709 Blog) (Out-Law) (Ars Technica) (TorrentFreak)

“Big bad Google” accused of shaping UK copyright policy (Ars Technica)

Copyright reforms should wait until effect of new licensing framework is known, publishers’ body says (Out-Law)


United States

US Patents

If trolls are destroying US jobs, why is the apps sector booming? (IAM)

Why the patent system doesn’t play well with software: If Eolas went the other way (EFF)

BPAI on statutory subject matter (Patently-O)


US Patents – Decisions

TXED: Method for calculating medical codes not invalid under Bilski for claiming unpatentable subject matter: Prompt Medical Systems, L.P. v. AllscriptsMisys Healthcare Solutions, Inc., et. al (Docket Report)

TXED: Jury decides Eolas’s “interactive web” patent is invalid Eolas v Adobe (Ars Technica) (  


US Patents – Lawsuits and strategic steps

Apple – ALJ Pender denies Apple’s motion to compel production of documents in Certain Electronic Digital Media Devices (337-TA-796) (ITC 337 Law Blog)

Apple – Apple’s U.S. ‘antisuit lawsuit’ against Motorola over Qualcomm license could make major difference in Germany (FOSS Patents)

Apple – Apple requests U.S. preliminary injunction against the Samsung Galaxy Nexus based on four high-power patents (FOSS Patents) (FOSS Patents)

Digitude Innovations – ALJ rogers issues initial determination granting Google’s motion to intervene and order denying motion to disqualify counsel in Certain Portable Communication Devices (337-TA-827) (ITC 337 Law Blog)

Immersion  – Immersion files new 337 complaint against Motorola Mobility regarding Certain Mobile Electronic Devices Incorporating Haptics (ITC 337 Law Blog)

Intellectual Ventures – IV sues AT&T and Sprint: where is the cream of the country’s patent bar going? (IPBiz)

J2 Global – Lead counsel ordered to meet & confer concerning “each and every claim construction” after briefing but before hearing: J2 Global Communications v et al (Docket Report)

Motorola – Court documents reveal Motorola sought 2.25 percent of Apple’s sales of wireless devices in exchange for a patent license covering its standard-essential intellectual property (IP Solutions Blog)

Peregrine  – Peregrine files new 337 complaint against RF Micro Devices and Motorola Mobility regarding certain radio frequency integrated circuits (ITC 337 Law Blog)

Trek Technology – ALJ Essex grants joint motion to terminate investigation as to patriot memory in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives (337-TA-788) (ITC 337 Law Blog)

Wireless Recognition Technologies – Motion to transfer to California granted: Wireless Recognition Technologies v., et al (


US Copyright

Takedowns run amok? The strange Secret Service/GoDaddy assault on JotForm (updated) (Ars Technica)

US copyright industries call for action on piracy; NGOs call for scrutiny (IP Watch)

Copyright enforcement and the Internet: we just haven’t tried hard enough? (Ars Technica)

Reuters: DOJ run by former RIAA lawyers seeks $5 million in budget to help RIAA/MPAA (Recording Industry vs The People)

BitTorrent piracy doesn’t affect US box office returns, study finds (TorrentFreak)

IIPA reports BitTorrent sites and Cyberlockers to US government (TorrentFreak)


US Copyright – Lawsuits and strategic steps

Associated Press – AP files lawsuit against Meltwater for copyright infringement and ‘hot news’ misappropriation (The 1709 Blog) (Recording Industry vs The People) (Ars Technica)

Hotfile – MPAA demands Hotfile data from Google, search engine refuses (TorrentFreak)

MegaUpload – Is Megaupload “a lot less guilty than you think?” – Legal scholars Jennifer Granick and Derek Bambauer share their thoughts (Ars Technica)

ReDigi – Second hand music files trader avoids injunction as copyright case moves to full trial (Out-Law)

RIAA – Music industry mulls suing Google over “pirate” search results (TorrentFreak)

Tenenbaum, Joel – Tenenbaum files petition for certiorari in US Supreme Court (Recording Industry vs The People)

Thomas-Rasset, Jammie – EFF urges court to reduce damage award in Capitol v Thomas-Rasset (EFF)


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