Online Global Week in Review 2 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:

CJEU ruling: if no creative freedom, no copyright – despite the skill and effort: Case C-604/10 Football Dataco v Yahoo! (The 1709 Blog) (IPKat) (Out-Law)

Yahoo demands that Facebook licence up to 20 of its patents (IAM) (Tangible IP) (Tangible IP) (Patent Law Practice Center) (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 – Copyright

Beyond NZ & Switzerland: How dozens of countries have more flexible digital lock rules than C-11 (Michael Geist)

Merlin settles long-running copyright infringement claim against LimeWire (The 1709 Blog)

Thoughts on IP Reforms and Best Practices for Creators – Filmmaker Kirby Ferguson’s ‘Everything is a Remix’ video series (TorrentFreak)

Sony music boss: censored YouTube videos cost us millions (TorrentFreak)

Pinterest and copyright (TechnoLlama)

Magnet links become the official currency of Pirate Bay (Ars Technica) (TorrentFreak)


Global – Trade Marks & Domain Names

Apple trademark dispute with Proview becomes a global fight (Silicon Valley IP Licensing Law Blog)

Trademarks take on new importance in internet era (IP Solutions Blog)

The new business identity theft (BlawgIT)


Global – Patents

IBM’s patent abandonment strategy (Patently-O) (IAM)

Yahoo demands that Facebook licence up to 20 of its patents (IAM) (Tangible IP) (Tangible IP) (Patent Law Practice Center) (Ars Technica)

RPX-Alcatel – closing thoughts for now (Tangible IP)

Nokia has the IP foundations to turn its fortunes around (IAM)

The Fraught Issue of FRAND III: Antitrust and the Future of FRAND (Patentology)

If Android is a “stolen product,” then so was the iPhone (Ars Technica)

Kodak’s IP Golem (IPKat)



Canadian music industry takes aim at Google, Facebook, Reddit & tech startups with Bill C-11 demands (Michael Geist)

Documentary Organization of Canada proposes exception to C-11 digital lock rule (Michael Geist)

Canadian Library Association posts its technical amendments to Bill C-11 (Michael Geist)

Why Canada does not belong on the U.S. piracy watchlist (Michael Geist)

Record Labels threaten the open internet, isoHunt tells court: Arista v isoHunt (TorrentFreak) (Michael Geist)



Landmark copyright case on computer user interfaces: Shenzhen TP-LINK Technologies vs. Shenzhen Tenda Technology Co., Ltd and Zhang Yabo (China Law Insight)

Shanghai court rejects Apple iPad injunction in Proview v Apple trademark dispute  (China Blawg) (China Hearsay)

The Proview v. Apple China trademark dispute – Issue of ownership and authority to sell (China Law Blog)

The Proview and Apple controversy – an increasingly tangled web (China IPR) (IP Dragon)

Chinese writers double down on copyright lawsuit against Apple (Ars Technica)



EU regulator urges ICANN to block applications for ‘.bank’ and ‘.fin’ domains (Out-Law)

CJEU ruling: if no creative freedom, no copyright – despite the skill and effort: Case C-604/10 Football Dataco v Yahoo! (The 1709 Blog) (IPKat) (Out-Law)

Motorola’s alleged double-dipping on iPhone 4S could be massive EU antitrust violation (FOSS Patents)



Mannheim court throws out third Samsung 3G lawsuit against Apple and one of two slide-to-unlock lawsuits against Samsung (FOSS Patents) (Ars Technica)

Federal Supreme Court rules on obviousness of improvements of data structures provided in international standard: Case no X ZR 58/10 Email via SMS (EPLAW)

Apple wins German injunction against Motorola over photo gallery patent (FOSS Patents)

After German FRAND setback, Google and Motorola should pursue licensing, not litigation (FOSS Patents)

Apple’s proposal for licensing Motorola’s standard-essential patents does NOT specify a royalty rate (FOSS Patents)

Motorola can’t enforce standard-essential patents against Apple in Germany while appeal is pending — huge victory for Apple, bad news for Google (FOSS Patents) (Ars Technica)

Translation of German appeals court’s press release on decision protecting Apple against Motorola injunction (FOSS Patents)

Motorola forces Apple to deactivate iCloud and MobileMe push notifications for German customers (FOSS Patents) (Ars Technica)



Software patentability, section 3(k) and recent controller decisions at the IPO (Part 1 – Spicy IP) (Part 2 – Spicy IP)

Standard of ‘knowledge’ in copyright infringement cases online (Spicy IP)



New regulations for registration of .PT Domains (Class 46)



Artist and hacktivists sabotage Spanish anti-piracy law (TorrentFreak) (The 1709 Blog)



Swedish piracy crackdown: #2 torrent site calls it quits (TorrentFreak)

BitTorrent crackdown: police raid private tracker, others shut down (TorrentFreak)

Swedish Supreme Court clarifies the law on time bar for damages claims in dispute between Lely and DeLaval over software included in milking robots (EPLAW)


United Kingdom

EWHC (Pat): IPCom’s proposed patent should be allowed; claims of amended patent not essential to the UMTS, GSM or LTD mobile telecommunications standards: Nokia v IPCom (EPLAW)

EWCA (Civ): Pile on the pleas, pay for the privilege: MMI Research v Cellxion (PatLit) (IPKat)

Meltwater Holding BV v The Newspaper Licensing Agency Limited: Is Google next? (IP Osgoode)

EWHC rules that Karen Murphy’s appeal over using the decoder to bypass controls over match screening must be allowed (IPKat)

Introduce anti-piracy measures now, says shadow culture secretary (Out-Law)


United States

US Patents

Help EFF bust dangerous Jones patent ‘Notification system and method that informs a party of vehicle delay’ (EFF)


US Patents – Decisions

CAFC narrows claim construction options in game controller suit: Thorner v. Sony Computer Entertainment America (Intellectual Property Law Blog)

CAFC: limitations from the specification issue and 101 issue: MySpace v Graphon (IPBiz) (Inventive Step)

CAFC grants mandamus on Delaware transfer motion: In re Link_A_Media Devices Corp (JIPLP)

C D California: iPhone’s commercial success does not indicate non-obviousness where plaintiff failed to establish nexus between patented feature and such success: NetAirus v Apple (Docket Report)

N D California: Magazine article announcing future availability of product was not commercial offer for sale sufficient to trigger on-sale bar: Speedtrack v Wal-Mart (Docket Report)


US Patents – Lawsuits and strategic steps

Apple – Apple keeps fighting for ITC import ban against Motorola Mobility  (FOSS Patents)

Dell – Multiple motions to disqualify counsel undermine “substantially related” argument: Secure Axcess v Dell (Docket Report)

Eastman Kodak – ITC institutes investigation (337-TA-831) regarding Certain Electronic Devices (ITC 337 Law Blog)

EveryMD – Political Candidates sued for patent infringement for using Facebook: EveryMD v. Rick Santorum, Mitt Romney, and Newt Gingrich  (Ars Technica) (Patently-O) (Patents Post-Grant)

Honeywell – ALJ Bullock grants motion to terminate investigation as to YEC Co in Certain Computer Forensic Devices (337-TA-799) (ITC 337 Law Blog)

Intellectual Ventures – IV flexes some patent muscle –sues AT&T, T-Mobile and Sprint Nextel in single lawsuit over 15 patents (Patently-O)

Microsoft – ALJ Essex grants Microsoft’s motion for summary determination regarding economic prong of domestic industry requirement in Certain Handheld Electronic Computing Devices (337-TA-769) (ITC 337 Law Blog)

Microsoft – ITC to review initial determination on Microsoft’s complaint against Motorola Mobility (FOSS Patents)

Microsoft – Microsoft and Nokia sue Apple for patent infringement (via a holding company) (Patently-O)

Microsoft – U.S. district court to hold special FRAND mini-trial in Microsoft-Motorola case (FOSS Patents)

MOSAID – ALJ Gildea issues claim construction order in Certain Equipment For Communications Networks (337-TA-778) (ITC 337 Law Blog)

ObjectVideo – ALJ Shaw grants joint motion to terminate investigation as to Sony in Certain Video Analytics Software (337-TA-795) (ITC 337 Law Blog)

Oracle – An update on Oracle’s infringement case against Google (WHDA)

Oracle – Judge may postpone Oracle-Google trial in light of patent reexaminations (FOSS Patents)

Oracle – Non-final invalidation of James Gosling patent is major blow to Oracle’s case against Google (FOSS Patents)


US Copyright

Why wait? Six ways that Congress could fix copyright, now (Ars Technica)

SOPA blackout protesters succeed in tabling SOPA and PIPA Bills; focus shifts to OPEN Act (Sillicon Valley IP Licensing Law Blog)

Chris Dodd of MPAA assures “Hollywood is pro-technology and pro-Internet” (EFF)

RIAA (sort of) responds to SOPA critics, says copyright “offers little real protection” – In RIAA blog post CEO Cary Sherman responds to his critics (Ars Technica)

To reduce piracy, RapidShare throttles download speed for free users (Ars Technica) (TorrentFreak)

Copyright kings are judge, jury and executioner on YouTube – eeplox video blocked by Rumblefish (Ars Technica)

DMCA: Horrors of a broad and automated censorship tool (TorrentFreak)

OER K-12 Bill Passes in U.S. Washington State (Creative Commons)


US Copyright – Lawsuits and strategic steps

Gooveshark – In Arista v Escape Media, Grooveshark’s employee defendants move to dismiss (Recording Industry vs The People)

Grooveshark – Grooveshark moves to dismiss for failure to state a claim (Recording Industry vs The People)

Megaupload – Megaupload takedown a “death sentence without trial,” says Kim Dotcom in interview with 3News (Ars Technica) (TorrentFreak)

MP3 Tunes – Interlocutory appeal dismissed in Capitol Records v MP3 Tunes (Recording Industry vs The People)

MP3Tunes – Michael Robertson moves for summary judgment on personal jurisdiction in Capitol v MP3Tunes (Recording Undustry vs The People)

Nu Image – ‘Conan The Barbarian’ chases 2,165 BitTorrent downloaders in court (TorrentFreak)

WNET – Coalition of broadcasters sues Aereoover plans to offer New York residents television broadcasts streamed over the Internet. (Ars Technica) (Recording Industry vs The People) (The 1709 Blog)


US Trademarks & Domain Names

Verisign seizes .com domain registered via foreign Registrar on behalf of US Authorities (easyDNS Happenings and Observations)


US Trade Marks & Domain Names – Decisions

TTAB precedential no. 9: Rejecting parody defense, TTAB finds CRACKBERRY likely to cause confusion with and likely to dilute BLACKBERRY: RIM v Defining Presence Marketing Group (TTABlog)


US Trade Marks & Domain Names – Lawsuits and strategic steps

Justin Beiber – Beiber’s lawyers send cease and desist letter over ‘Joustin Beaver’ phone app (IPKat)

Tea Party Patriots – Tea Partiers wage war against each other over a Google Groups account: Kremer v. Tea Party Patriots (Technology & Marketing Law Blog)


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