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Online Global Week in Review 18 May 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:

CAFC grants only a small, Galaxy-Tab-specific part of Apple’s appeal of denial of preliminary injunction: Apple v Samsung (FOSS Patents) (Protecting Designs) (Class 99)


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

Massive DDoS attack keeps The Pirate Bay offline for over a day (Ars Technica) (TorrentFreak)

TPP: Internet freedom activists protest secret trade agreement being negotiated this week (EFF)

Microsoft funded startup aims to kill BitTorrent traffic (TorrentFreak)

Why are people resigning before the Copyright Industries’ will? (TorrentFreak)

COMMUNIA explores role of digital public domain in final report (Creative Commons)

Courts put software in danger with copyright confusion, says expert: SAS Institute v World Programming; Oracle v Google (Out-Law)


Global – Patents

Expect more of the same says IV, after announcing IPWireless patent purchase with NVIDIA (IAM)

Whose patent is it anyway?: The ongoing legal legacy between Samsung and Apple (IP Osgoode)

Turmoil at Yahoo! continues, but new board must not snub IP strategy (IAM)



What the govt rejected in the C-11 amendments: access for the blind, cloud-based services & more (Michael Geist)

Bill C-11 – Government to impose time allocation on copyright debate (Michael Geist)

Bill C-11 enters final House debate with Green Party & Bloc amendments (Michael Geist) (IP Osgoode)



Pirate Bay founder takes case to ECHR (TorrentFreak) (The 1709 Blog)

CJEU upholds limits of copyright on software: SAS Institute v World Programming (IP Watch)



Open WiFi owner not liable for illegal file-sharing, court rules (TorrentFreak)



German Minister promises to ensure just resolution of Ideafarms dispute (Spicy IP)

German Court delivers unfair judgment in a battle between Indian David and German Goliath?: software license case Continental A.G. v. Confidign Solutions Pvt. Ltd (Ideafarms) (Spicy IP)

Most of Apple’s German lawsuits get stayed (the latest one today): Florian Mueller explains why (FOSS Patents)



IIT-Bombay earns Rs. 72,02,355 through its agreement with Intellectual Ventures (Spicy IP)



UK Premier League obtains partial win on appeal in web-streaming case: Football Association Premier League vs. Ploiny and the Legal Counsel of the Government (The IP Factor)



Pirate Bay ‘censorship’ judge is corrupt, claims Pirate Party founder (TorrentFreak) (Out-Law)



Software patents in Poland? YES! (Kluwer Patent Blog)

Unnamed tort and domain names: vs (Class 46)


United Kingdom

EWCA upholds finding of partial validity and infringements: Nokia v IPcom (EPLAW) (IPKat)

EWHC (Ch) dismisses appeal against Hearing Officer’s rejection of software patent application: Really Virtual Co v UK IPO (IPKat)

Copyright Tribunal’s final decision in Meltware now available: Meltwater v Newspaper Licensing Agency (The 1709 Blog)

Government anticipates June publication of new anti-piracy regulations (Out-Law)


United States

US General

USPTO exhibit on Steve Jobs opens at Smithsonian (Director’s Forum)


US Patents – Decisions

CAFC grants only a small, Galaxy-Tab-specific part of Apple’s appeal of denial of preliminary injunction: Apple v Samsung (FOSS Patents) (Protecting Designs) (Class 99)

CAFC: Ergo Licensing, LLC v. CareFusion 303, Inc and the validity of computer-implemented means-plus-function claims (Maier & Maier)

WD Washington extends ban: Motorola can’t enforce German patent injunction against Microsoft (FOSS Patents)

ND California: Online “marketplace” may be liable for selling infringing products: Hong Kong v P.S. Products (Docket Report)

CD California: Mere silence does not trigger implied waiver outside standards setting organization context: Universal Electronics v Logitech (Docket Report)

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

ITC judge finds “Motorola was not interested in good faith negotiations and in extending a [F]RAND license” to Microsoft (FOSS Patents)

Apple ITC win leads to HTC One X, Evo 4G LTE import holdup (Ars Technica)


US Patents – Lawsuits and strategic steps

Apple – Apple asks the ITC to throw out five patents HTC received from Google last year (FOSS Patents)

Apple – Apple drops three dependent claims from touchscreen heuristics patent in Motorola lawsuit, continues to assert independent claim 1 (FOSS Patents)

Apple – Apple outmaneuvers Motorola in Florida litigation, gets lawsuits consolidated and delayed (FOSS Patents)

Apple – Apple’s amended FRAND counterclaims against Samsung largely withstand motion to dismiss (FOSS Patents)

Apple – Federal Judge Posner to use court appointed experts in Apple v. Motorola (Patent Law Practice Center)

Apple – HTC is on the run from 6 Apple patents in Florida and 4 new ones in Delaware (FOSS Patents)

Facebook – Facebook exposes Yahoo allegation of fraudulent patent application as bogus (FOSS Patents)

Kyocera – Kyocera challenge to ADC personal communicator patent among the reexamination requests filed week of May 7, 2012 (WHDA)

Microsoft – ALJ Essex grants motion to terminate investigation as to Inventec in Certain Handheld Electronic Computing Devices (337-TA-769) (ITC 337 Law Blog)

Microsoft – ALJ Essex grants motion to terminate investigation as to Barnes & Noble in Certain Handheld Electronic Computing Devices (337-TA-769) (ITC 337 Law Blog)

Oracle – Android subcontractors appeared “super shady” but Google employees did nothing about it (FOSS Patents)

Oracle – Oracle tells jury “clean room” not enough to avoid patent infringement (Ars Technica)

Oracle – Oracle v Google patent phase wraps up (Ars Technica)

Pact XPP – ED Texas: Motion for summary judgment of no laches, equitable estoppel or waiver denied: Pact XPP v Xilink (

Pact XPP – ED Texas: Motion to strike damages expert denied: Pact XPP v Xilink (

Samsung Electronics – ALJ Bullock rules on motion for default judgment in Certain Digital Televisions (337-TA-789) (ITC 337 Law Blog)

Samsung Electronics – ALJ Gildea rules on motions to amend expert report and strike in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794) (ITC 337 Law Blog)

Technology Properties – ALJ Rogers grants motion to terminate investigation as to Digital Spectrum Solutions in Certain Digital Photo Frames And Image Display Devices (337-TA-807) (ITC 337 Law Blog)

Unified Messaging Solutions – NPE gets crafty, sues Etsy for patent infringement (Patent Law Practice Center)

Walker Digital – ALJ Gildea grants motions to terminate investigation in Certain Blu-Ray Disc Players (337-TA-824) (ITC 337 Law Blog)


US Copyright

Was Righthaven right to sue an Ars Technica author? (Ars Technica)

North Carolina State University study finds BitTorrent piracy boosts music sales (TorrentFreak)


US Copyright – Decisions

ND Georgia: Fair use (mostly) triumphant: Judge exonerates campus “e-reserves”: Cambridge et al v Georgia State et al (Ars Technica) (Excess Copyright) (Ariel Katz)

ND California: Judge holds Google to infringe 8 more Java files — FOSS Patents was first to publish 6 of them (FOSS Patents)

ED New York: New York judge *slams* bittorrent copyright plaintiffs – K-Beech; Malibu Media; and Patrick Collins v. Does (Technology & Marketing Law Blog)

CD California: IP-address can’t even identify a State, BitTorrent judge rules: Celestial v Swarm Sharing Hash 8AB508AB0F9EF8B4CDB14C6248F3C96C65BEB882  (TorrentFreak)


US Copyright – Lawsuits and strategic steps

IMAGiNE – IMAGiNE member pleads guilty to criminal copyright infringement (TorrentFreak)

John Wiley & Sons – Verizon refuses to identify alleged BitTorrent pirates (TorrentFreak)

MP3 Tunes – MP3 Tunes files for bankruptcy (The 1709 Blog) (Ars Technica)

Oracle – Scope of damages phase of Oracle-Google trial will likely depend on copyrightability decision (FOSS Patents)

Oracle – Judge tosses Google’s challenge to Oracle’s registration and ownership of Java copyrights (FOSS Patents)

Oracle – Oracle and Google reach agreement to postpone copyright damages issues to future trial (FOSS Patents)

Oracle – Oracle v. Google: the road ahead (Ars Technica)

Oracle – An explanation for geeks: why Google hasn’t won anything against Oracle’s Java APIs (FOSS Patents)

Oracle – Oracle and Google make competing proposals for determining copyright damages (FOSS Patents)

Perfect 10 – Perfect 10 and Google agree to end long-running US copyright case (Out-Law)

Psystar – Supreme Court won’t hear Psystar’s appeal against Apple (Ars Technica)

Tenenbaum, Joel – Admitted file-swapper begs Supreme Court for help (Ars Technica)

WorldStarHipHop – The dangerous meme that won’t go away: Using copyright assignments to suppress unwanted content: Scott v. WorldStarHipHop (Technology & Marketing Law Blog)


US Trade Marks & Domain Names – Decisions

ND California: Groupon defeats trademark challenge: Groupion v. Groupon (Technology & Marketing Law Blog)

TTAB: “VIDEO POD” for video projectors merely descriptive and confusingly similar to “IPOD” (TTABlog)

TTAB dismisses MODEL AMERICAN cancellation petition for failure to make prima facie case of abandonment: American Computer Associates, Inc. v. Model American Computer Corporation (TTABlog)


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