Online Global Week in Review 21 Oct 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:

Samsung loses Dutch case against Apple over 3G patents as court gives meaning to FRAND (FOSS Patents) (EPLAW)

Australia: Samsung appeals, retaliates, in patent war with Apple (Patentology) (

Supreme Court of Canada: Hyperlinking is not publication: Crookes v. Newton (Excess Copyright) (Excess Copyright) (Michael Geist) (IP Osgoode)


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

Google boots FrostWire from Android market, but why? (TorrentFreak)

“Monetizing the wisdom of crowds” discussion excites the crowd (Patent Quality Matters)


Global – Copyright

Copyright infrastructure in the digital age: Raising awareness at WIPO (IP Watch)

Rumble in the (digital) jungle – ReDigi offers platform for buying and selling ‘second hand’ downloads (1709 Copyright Blog)

Blogging IGF: EFF fights against dangers of intermediaries as internet police (EFF)

Users should be able to buy licences to allow copying of copyright-protected material (Out-Law)

Anti-piracy, AiPlex Software outfits tries to erase history (TorrentFreak)

Free Justin Bieber! (Why streaming shouldn’t be a felony) (TorrentFreak)


Global – Patents

Study on the worldwide use of FRAND-committed patents (FOSS Patents)

Microsoft acquires another game studio, Twisted Pixel Studios (Patent Arcade)

Microsoft and Intellectual Ventures harvest more smartphone licensing cash (IAM)

Times change as Microsoft hires an old foe to conduct FRAND-related research (IAM) (IP finance)

Court orders Qualcomm to provide Apple with documents for its worldwide defenses against Samsung – Update on Australian and US cases (FOSS Patents)

Samsung won’t get preliminary injunction against iPhone 4S in Australia, situation less clear in Japan (FOSS Patents)

More details of the Nortel patent auction revealed – Ericsson led the Rockstar consortium (IAM)



A-G announces copyright review; AGD “mistakenly” releases wrong Consultation Paper (IP Whiteboard)

Consultation paper on the copyright safe harbour scheme for carriage service providers ( (

Samsung appeals, retaliates, in patent war with Apple (Patentology) (

Australian injunction could be extended to other Samsung products, HTC, Motorola — and beyond (FOSS Patents)

Apple told Samsung it owns a “thicket of patents” and would license only “lower level patents” (FOSS Patents)

iiNet update: Wider implications call for interventions and amicus curiae: Roadshow Films v iiNet (IP Whiteboard)



Supreme Court of Canada: Hyperlinking is not publication: Crookes v. Newton (Excess Copyright) (Michael Geist) (IP Osgoode)

Crookes v. Newton – Hyperlinking is not publication – Implications for Access Copyright’s proposed post-secondary tariff (Excess Copyright)

Liberals come out against Bill C-11 due to digital lock rules (Michael Geist)

The daily digital lock dissenter, day 11: Business Coalition for Balanced Copyright (Michael Geist)

The daily digital lock dissenter, day 10: Council of Ministers of Education China (Michael Geist)

The daily digital lock dissenter, day 9: Canadian Library Association (Michael Geist)

Ontario Court of Appeal has ruled that domain names constitute ‘personal property’ in v Lojas Renner (JIPLP)



Google-backed file-sharing empire, Xunlei, cancels NASDAQ IPO (TorrentFreak)

Registering video game copyrights in China (China Law Blog)



Next attack on iPhone may have Danish origin (Innovationpartners)



Private copying and fair compensation: An empirical study of copyright levies in Europe (1709 Copyright Blog)

European libraries and copyright owners reach understanding on out-of-commerce works (IP Osgoode)

General Court upholds finding of likelihood of confusion between LOOPIA and LOOP or LOOPY for IT related goods and services: Case T-150/10 (Class 46)

General Court upholds finding of likelihood of confusion between NAVI v NaViKey (Class 46)



Industrial designs – the wonder weapon for the German Blitzkrieg? Apple v Samsung (PatLit)

Metall auf Metall II – The curious case of free use and sampling (1709 Copyright Blog)

Bundespatentgericht confirms no risk of confusion between iMove and IMOVIE (Class 46)



Samsung loses Dutch case against Apple over 3G patents as court gives meaning to FRAND (FOSS Patents) (EPLAW)



File-sharing admins jailed for linking to copyright works (TorrentFreak)



Stockholm District Court: Jail sentence for Pirate Bay co-founder made final (TorrentFreak)

Record-breaking file-sharing trial heard in Sweden (TorrentFreak)


United Kingdom

Hargreaves Review – Prof Jacobs drills into the detail (Laurence Kaye on Digital Media Law)

Examiners will not automatically rule computerisations of mental acts unpatentable, IPO says (Out-Law)

DCMS holds no evidence on online copyright infringement, lobby group says (Out-Law)

Companies need customers to assert goodwill trade mark rights, High Court rules in Plentyoffish Media Inc v Plenty More LLP (Out-Law) (IPKat)

TVShack admin eyes court hearing after US extradition blow (TorrentFreak)

Newzbin2 user “bullied” by Hollywood after High Court blocking challenge (TorrentFreak)

High Court “reserves judgment” at Newzbin2 blocking hearing (TorrentFreak)

EWHC (Pat) refuses to grant summary judgment in dispute over blu-ray technology: LG Electronics v Sony Europe & Ors (Kluwer Patent Blog)


United States

US General

District Court N D Illinois: Court disregards check-the-box agreement and doesn’t enforce venue clause: Dunstan v. comScore (Technology & Marketing Law Blog)


US Patents – Decisions

District Court E D Texas exonerates Newegg and Overstock; invalidates Alcatel patent: Alcatel-Lucent USA Inc. v., Inc (Docket Report)

ITC judge rules against HTC’s first complaint against Apple: Certain Portable Electronic Devices and Related Software (337-TA-721) — but it’s not over yet (FOSS Patents)


US Patents – Lawsuits and strategic steps

Acer – Failure to file motion requesting testimony at Markman hearing bars submission of expert declaration in support of Markman briefing: U.S. Ethernet Innovations v. Acer et. al. (Docket Report)

ALJ Gildea removes Markman hearing in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773) (ITC 337 Law Blog)

Apple – Apple and Samsung fight over new evidence as decision on US-wide preliminary injunction nears (FOSS Patents)

Apple – Essence of Apple’s FRAND defense against Samsung unaffected by negative ruling on certain counterclaims (FOSS Patents)

Apple – US judge: Samsung’s products infringe on Apple design patents (Ars Technica)

Facebook – Facebook infringement case stayed prior to reexamination grant: Pragmatus AV. v. Facebook (WHDA)

Facebook – Facebook request for reexamination of data review patent among those requested week of October 10, 2011 (WHDA)

Freescale – ITC decides to review in part initial determination in Certain Integrated Circuits (ITC 337 Law Blog)

Groupon – Local patent rules do not trump Rule 8 pleading requirements: Groupon v MobGob (Chicago Intellectual Property Law Blog)

MyKey – ALJ Bullock grants motion to terminate investigation as to Voom Technologies in Certain Computer Forensic Devices (337-TA-799) (ITC 337 Law Blog)

Ogma – ALJ Gildea grants joint motions to terminate investigation in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773) (ITC 337 Law Blog)

Oracle – Court’s resource constraints affect Oracle-Google trial: delay or different judge (FOSS Patents)

Oracle – Trial briefs filed: Oracle wants an injunction unless Google brings Android into full compliance with the Java standard (FOSS Patents)

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


US Copyright

Copyright czar cozied up to Big Content, e-mails show (Ars Technica)


US Copyright – Decisions

9th Circuit rejects copyright misuse defense against Apple and affirms license restrictions in OS X license agreement: Apple v. Psystar (Technology & Marketing Law Blog)


US Copyright – Lawsuits and strategic steps

Astrolabe – The daylight-saving data dispute: Astrolabe v Olson (IPKat)

Collins, Patrick – ‘Copyright Trolls’ unite to prevent downfall of BitTorrent lawsuits: Patrick Collins v John Does 1-58 (TorrentFreak)

Felton, E Prof – Princeton scientists sue over squelched research (EFF)

Viacom – Viacom tells appeals court YouTube profited from infringement, so no Safe Harbor (Ars Technica)


US Trademarks & Domain Names

Verisign wants power to shut sites down upon law enforcement request (Ars Technica)

To stem infringement, block money – not information – Protect IP Act (IP Watch)


US Trade Marks & Domain Names – Lawsuits and strategic steps

Deckers Outdoor – Jurisdictional facts regarding website activity required before default: Deckers Outdoor Corp v Does 1-55 (Chicago Intellectual Property Law Blog)


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