Online Global Week in Review 19 August 2011 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:

Galaxy Tab 10.1 injunction suspended for all EU countries except Germany in patent battle between Apple and Samsung (FOSS Patents) (ArsTechnica) (Patentology) (Class 99)

Google buys Motorola Mobility for $12.5 billion (Spicy IP) (ArsTechnica) (Patently-O) (Patentology) (Patentology) (Tangible IP) (FOSS Patents)


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

Most Android vendors lost their Linux distribution rights, could face shakedown or shutdown (FOSS Patents)


Global – Copyright

Five years later: Why RSS Scraping still is not OK (Plagiarism Today)

When copyright collecting societies act against artists (TechnoLlama)

PK in the Know Podcast (Public Knowledge)

Copyright 2.0 Show – Episode 205 – No Takebacks – incl. Rojadirecta loses bid to get domain returned (Plagiarism Today)


Global – Patents

Google: Just in case (IP Think Tank)

Google buys Motorola Mobility for $12.5 billion (Spicy IP) (ArsTechnica) (Patently-O) (Patentology) (Patentology) (Tangible IP) (FOSS Patents)

$2.5 billion Google-Motorola break-up fee reflects sellers’ concern and buyer’s desperation (FOSS Patents)

Motorola doesn’t have a license to kill Android but it can cause problems (FOSS Patents)

Are software patents the ‘scaffolding of the tech industry’? (ArsTechnica)

Stockpiling and Trolling – Whats going on with those patents!? (Innovationpartners)

Patents are the deadliest weapon? (IPBiz)



High Court to review iiNet decision: Roadshow Films Pty Limited v iiNet Limited (IP Whiteboard)

Computer-implementation no insurance against rejection – APO decision in Discovery Holdings Limited (Patentology)



Some Nortel Patents to remain Canadian via RIM following Apple consortium bid win (IP Osgoode)

CIPO’s Software & Business Method Patent Guidelines (IPblog)



CNTV (CCTV) sues China Telecom for copyright infringement (IP Dragon)

Apple and IKEA in China: is it just a matter of accepting the loss? (IPKat)

22 more “fake” Apple Stores found in China; how many more are there? (ArsTechnica)

Ernst & Young Report: The Benefits of software IPR protection in China (IP Dragon)

From phones to tablets. Moving up the counterfeit value chain (China Hearsay)

Fry your brain with HiPhone5, wait … Before you do how to spot a fake iPhone5 site? (IP Dragon)



Galaxy Tab 10.1 injunction suspended for all EU countries except Germany in patent battle between Apple and Samsung (FOSS Patents) (ArsTechnica) (Patentology) (Class 99)



The death of safe harbour for intermediaries in India for copyright infringement? Part 1 & 2 (Spicy IP) (Spicy IP)

Madras High Court restrains infringement of ‘mobile ringtones’ (Spicy IP)



Gray market goods in Indonesia (IP Komodo)


New Zealand

ISP CEO slams copyright law and outdated business models (TorrentFreak)

IPONZ issues ‘explanatory note’ on computer program guidelines (Patentology)

New Zealand 3 strikes begins but pirate sabotage is in the air (TorrentFreak)



And when even the death penalty doesn’t deter copying — what then? (TorrentFreak)


United Kingdom

BBC sets out social network picture use policy (Out-Law)

UK Government responds to the Hargreaves review: Intellectual Property is important for economic growth (IP Whiteboard) (IP Osgoode)

Full steam ahead for UK Digital Economy Act despite enforcement uncertainty (IP Osgoode)

Database rights – Bingo for Binley’s as fictional seeds bear fruit: Beechwood House Publishing Limited (t/a Binleys) v Guardian Products Ltd and another (1709 Blog)

Newzbin2 ruling sets precedent for online copyright infringement (


United States

US General

Apple now top dog on US stock market (IP finance)


US Patent Reform

Proper business method patent challenges under the America Invents Act? (Patents Post Grant Blog)


US Patents

Attacking 112 support in patent reexamination: CAFC’s NTP decisions (Patents Post Grant Blog)


US Patents – Decisions

CAFC: If the software method is not patentable, then neither is the “computer readable medium”: Cybersource Corp. v Retail Decisions Inc. (Patently-O) (IP Spotlight)

CAFC: Correcting patents at the District Court: CBT v Return Path and Cisco (Patently-O)

District Court E D Texas: In calculating ongoing royalty, litigation-related licenses deemed more reliable than non-litigation licenses: Datatreasury Corporation v. Wells Fargo & Company, et. al. (Docket Report)

District Court E D Texas: Parallel Networks Markman ruling results in summary judgment for 99 out of 112 defendants: Parallel Networks v. Abercrombie & Fitch (

District Court Massachusetts finds Vlingo did not infringe Nuance Communications’ patent – Article One contributes to reexamination (Patent Quality Matters)


US Patents – Lawsuits and strategic steps

Acer – Just what Judge Yeakel wanted … Motion to transfer Marshall patent case to Austin granted – Prior pending case in transferee court: Bandspeed v. Acer, et al. (

Akamai – EFF urges court to maintain protections for innocent third parties accused of patent infringement: Akamai Tech., Inc. v. Limelight Networks, Inc.; McKesson Tech. Inc. v. Epic Sys. Corp (Electronic Frontier Foundation)

Apple – ALJ Gildea sets 19-Month target date in Certain Portable Electronic Devices and Related Software (337-TA-797) (ITC Law Blog)

Broadcom – Failure to establish nexus between alleged misconduct and prosecution of patent rights sinks unclean hands defense: Broadcom Corporation v. Emulex Corporation (Docket Report)

Facebook – Facebook patent fights continue – Phoenix Media seeks summary judgment (Patent Arcade)

Google – Oracle v Google update: summary judgment pressure and Motorola Java license fallacy (FOSS Patents)

Hewlett Packard – ITC decides to review in part initial determination in Certain Ink Cartridges with Printheads (337-TA-723) (ITC Law Blog) (ITC Law Blog)

Hewlett-Packard – Following production of defendant’s source code, plaintiff need not produce pinpoint infringement contentions before deposing systems architect: Nomadix, Inc. v. Hewlett-Packard Company, et. al. (Docket Report)

Hidden Image Technology Solutions – Physical game patent dispute: Hidden Image Technology Solutions v. Thomas L. Barnhart (Patent Arcade)

Home Gambling Network – Intentional corruption of server containing accused database warrants terminating sanctions: Home Gambling Network, Inc., et. al. v. Chris Piche, et. al. (Docket Report)

Honeywell International – ALJ Gildea sets procedural schedule in Certain GPS Navigation Products (337-TA-783) (ITC Law Blog)

HTC – HTC attempts serious patent play against Apple in federal court: HTC v Apple (ArsTechnica)

HTC – HTC files new 337 complaint regarding Certain Electronic Devices with Communication Capabilities (ITC Law Blog)

Lodsys – Case update: Lodsys amends suit to include “Angry Birds”: Lodsys LLC. V. Combay Inc. et al. (Patent Arcade)

Lodsys – Did Google request reexamination of Lodsys patents? (WHDA) (Patents Post Grant Blog) (FOSS Patents)

Microsoft – ALJ Essex rules on motion to declassify names and roles of entities in Certain Handheld Electronic Computing Devices (337-TA-769) (ITC Law Blog)

Motorola Mobility – Miami Court deals huge setback to Motorola Mobility’s defense against Microsoft (FOSS Patents)

Motorola Mobility – Proof: Apple attacked Motorola, not the other way round (FOSS Patents)

Object Video – ALJ Rogers sets procedural schedule in Certain Video Analytics Software (337-TA-795) (ITC Law Blog)

Ogma – Inv. No. 337-TA-773 terminated as to Sony Ericsson respondents (ITC 337 Update) (ITC Law Blog)

Renesas Electronics Corporation – Renesas and 511 Technologies file new 337 complaint regarding Certain Digital Televisions Containing Integrated Circuit Devices (ITC Law Blog)

Walker Digital – Walker Digital sues 2K games (again): Walker Digital LLC. v. 2K Games Inc. et al (Patent Arcade)

Zenith – ALJ Bullock grants motion to terminate investigation in Certain Electronic Devices Having a Digital Television Receiver (337-TA-774) (ITC Law Blog)


US Copyright

U.S. anti-piracy police kept secret from the public (TorrentFreak)

New and old RIAA CEOs agree: “We’re beating piracy” (TorrentFreak)

MPAA lobbies for Wall Street reform (TorrentFreak)

Let the MPAA speak, there’s nothing to be scared of (TorrentFreak)


US Copyright – Decisions

9th Circuit requires proof of irreparable harm for preliminary injunctions: Perfect 10 v. Google (Copyright Litigation Blog)

9th Circuit: Specific California jurisdiction over Ohio celebrity gossip website publishing Black-Eyed Peas infringing photographs: Mavrix Photo Inc. v Brand Technologies (Copyright Litigation Blog) (Technology & Marketing Law Blog)

Federal Court Nevada: Righthaven rocked, owes $34,000 after ‘fair use’ loss: Righthaven v. Hoehn (ArsTechnica)


US Copyright – Lawsuits and strategic steps

Apple – Apple’s iTunes sued by artist for pirating music: Apple’s iTunes v. Korvel Sutton (TorrentFreak)


US Trade Marks & Domain Names – Decisions

On rehearing, 7th Circuit rules that Wisconsin waived sovereign immunity by seeking 1071(b) review of TTAB decision: Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc. (TTABlog)

One Comment on “Online Global Week in Review 19 August 2011 from IP Think Tank

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