Online Global Week in Review 22 June 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:

European Parliament’s INTA Committee votes to reject ACTA (Michael Geist) (IPKat) (IP Watch) (Ars Technica) (TorrentFreak)


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

Google threatens to sue huge YouTube MP3 conversion site (TorrentFreak) (Ars Technica)

Open source isn’t about selfishness, despite what Linus Torvalds says (IAM)

The (somewhat) latest developments in open data (Creative Commons)


Global – Trade Marks & Domain Names

UN non-takeover of the Net: ITU’s Touré calls for documents to be public (IP Watch)

UN doesn’t want to take over Internet, does want to help telcos profit (Ars Technica)

Internet domain name land grab more than just “fools gold” (Michael Geist)


Global – Patents

Selling patents – Interdigital sells 1700 patents and applications to Intel for $375M (Patently-O) (IAM)

Former IV big-hitter makes mark in Google patent purchase announced yesterday – Google patent deal with Magnolia Broadband (IAM)

Kodak says Apple, Flashpoint want to “delay and derail” patent sale (Ars Technica)

More questions about Intellectual Ventures’ capacity to give investors the returns they want (IAM)



Day after C-11 passes, U.S. Chamber looking for more Canadian copyright reform (Michael Geist)

Bill C-11 passes third reading, heads to the senate for final approval (Michael Geist)

Battle over C-11 concludes: how thousands of Canadians changed the copyright debate (Michael Geist)



iPad trademark non-news department: Proview bankruptcy (China Hearsay)



Denmark kills file-sharing warnings, launches legal services initiative (TorrentFreak)

All Danish ISPs will block content on single court order under proposed code (Out-Law)



US-EU Transatlantic deal would skips IPRs (IP Watch)

European Parliament’s INTA Committee votes to reject ACTA (Michael Geist) (IPKat) (IP Watch) (Ars Technica) (TorrentFreak)

EU trade committee to vote this week on ACTA (Ars Technica) (TorrentFreak)

AG opinion in Case C-173/11 Football Dataco v Sportradar – Online database infringement occurs both where sent and received (The 1709 Blog) (IPKat)

Conditional access, confiscation and piracy: why Commission and Council are at loggerheads: European Commission v Council of the European Union (IPKat)

Coders’ rights at risk in the European Parliament (EFF)

Study finds EU copyright law harms investment in cloud computing (IP Watch)

EuroDIG: Will governments let civil society rescue Net governance? (IP Watch)

EU antitrust chief stresses responsibility of regulators, courts and industry for FRAND (FOSS Patents)

EU competition commissioner gives hope to Google in attack on FRAND-related injunctions (IAM)

Pirate Bay founders file appeals with Human Rights Court (TorrentFreak)



ISP to challenge Pirate Bay blocking order in the Supreme Court (TorrentFreak)



Kids to get 3 strikes and copyright education in Paris (TorrentFreak)


Germany download site founder receives 4.5 year jail sentence, forfeits $4.7m (TorrentFreak)



Madras HC clarifies extent of URL blocking (Spicy IP) (TorrentFreak)



AKUM sues Kul al-Arab on behalf of Arab musicians (The IP Factor)



Samsung finally wins its first offensive case against Apple — but it’s only a consolation prize (FOSS Patents)



Clarification of the classisification – NTTONLINE Z-330715 (Class 46)


United Kingdom

Observing Samsung v Apple at the High Court (IPKat)

“Faster, higher, stronger” restrictions on social media at the London 2012 Games (IP Whiteboard)

IPO publishes summary of responses on copyright reform consulation – Publishers and researchers clash over ‘data mining’ copyright exception (Out-Law)

IPO publishes summary of responses on copyright reform consulation – Rights holders groups campaign for private copying exception to exclude cloud storage (Out-Law)

Copyright rulings’ impact on cloud computing investment should act as warning to UK law makers, expert says (Out-Law)

Pirate Bay disarms BT blockade within minutes (TorrentFreak)

New Code pulls ISPs into the anti-piracy battle (IP Osgoode)


United States

US General

US leads world in government removal requests to Google (Ars Technica)


US Patents

Want to abolish software patents? Tell us (EFF)

Voices of the Internet: technologists, corporate leaders, and academics speak out against software patents (EFF)

Opinion: EFF should call for the elimination of software patents (Ars Technica)

Google wants the ITC to deny import bans more often — except when Motorola pursues them (FOSS Patents)


US Patents – Decisions

CAFC denies Samsung rehearing:  Apple v Samsung – Galaxy Tab 10.1 injunction moves closer (FOSS Patents)

ED Texas: Jury finds infringement and assesses damages at 13.14M against Verifone and 2.24M against Hypercom in Cardsoft v Verifone (

ITC issues public version of opinion finding violation and issuing a limited exclusion order against Motorola in Certain Mobile Devices (337-TA-744) brought by Microsoft (ITC 337 Law Blog)

ITC issues intial determination of no section 337 violation by BDT in Certain Automated Media Library Devices (337-TA-746) brought by Overland Storage (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Apple – Apple v Motorola: Judge Posner says an injunction against Motorola would be “catastrophic”  (Ars Technica)

Apple – Apple v. Motorola: Reduction to practice-related waiver is limited (Chicago IP Litigation Blog)

Apple – Apple v Motorola: Posner cancels trial citing lack of damages evidence (Chicago IP Litigation Blog)

Beacon – ITC decides not to review issues relating to beacon navigation’s withdrawal of complaint in Certain Automotive GPS Navigation Systems (337-TA-814) (ITC 337 Law Blog)

ChriMar Systems – A closer look at Google Inc.’s public interest submission in Certain Communication Equipment (337-TA-817) (ITC 337 Law Blog)

HTC – Remnants of HTC’s ITC complaint against Apple in bad shape after claim construction order: Certain Electronic Devices With Communication Capabilities (337-TA-808) (FOSS Patents) (ITC 337 Law Blog)

HTC – HTC argues Apple isn’t entitled to immediate import ban, needs whole new lawsuit (FOSS Patents)

HTC – HTC asks ITC to review dismissal of patents borrowed from Google (FOSS Patents)

Intellect Wireless – ND Illinois: Early inequitable conduct bench trial streamlines case: Intellect Wireless v HTC Corp (Chicago IP Litigation Blog)

Intellectual Ventures Management – ALJ Gildea issues orders denying motion to amend and granting in part motions to compel in Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803) (ITC 337 Law Blog)

InterDigital Communications – ALJ Shaw compels production of source code in Certain Wireless Devices with 3G Capabilities (337-TA-800) (ITC 337 Law Blog)

Microchip Technology – ALJ Rogers precludes access to confidential business information in Certain Semiconductor Integrated Circuit Devices (337-TA-840) (ITC 337 Law Blog)

Motorola – Motorola proposes way to end patent war with Microsoft (Ars Technica) (FOSS Patents)

Motorola – WD Washington: Google’s H.264 license agreement with MPEG LA may preclude Motorola’s pursuit of injunctions against Microsoft (FOSS Patents) (Ars Technica)

Paqits – Paqits files patent infringement suit against Activision over its gaming portal website (Patent Arcade)

Promotional Technologies – PT files suit against Facebook and Zynga over website promotion online game patent (Patent Arcade)

Samsung – ALJ Gildea strikes portions of Apple’s expert report in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794) (ITC 337 Law Blog)

Samsung – ND California upholds sanctions for now: Samsung cannot leverage workarounds at trial (FOSS Patents)

Shared Memory Graphics – Patent infringement case dismissed following Shared Memory’s settlement with Sony and Apple and dropping charges against Nintendo (Patent Arcade)

XpertUniverse – Inequitable conduct pleading alleging false statement by an individual or “one or more” unidentified individuals is insufficient to state a claim: XpertUniverse v Cisco (Docket Report)


US Copyright

Music publishers, Universal sign “groundbreaking” licence deal (IP Watch) (The 1709 Blog)

Kim Dotcom theory on corporate cyberlocker use supported by survey (TorrentFreak)

MPAA / RIAA ponder suing persistent BitTorrent pirates (TorrentFreak)

RoboTrolls threaten alleged BitTorrent pirates with lawsuit (TorrentFreak)


US Copyright – Decisions

SD New York: Judge McMahon severs, dismisses, & quashes in Digital Sins v Does 1-245 (Recording Industry vs The People)

SD New York: First post-Viacom 512(c) opinion doesn’t look much different: Obodai v. Demand Media (Technology & Marketing Law Blog)


US Copyright – Lawsuits and strategic steps

Archie Comic Publications – Copyright battle between contracted artist Ken Penders and and Archie Comic Publications and Sega concerning Sonic comics (Patent Arcade)

DISH – Hopping mad – television networks response to “The Hopper” alonging DISH subscribers to skip ads (The 1709 Blog)

Liberty Media – Porn troll wants wi-fi providers to pay for others’ illegal downloads (EFF)

Malibu Media – Magistrate rules motion by pro se litigant couldn’t be made anonymously in Malibu Media v Does 1-13 (Recording Industry vs The People)

Megaupload – Kim Dotcom meets with Woz, restarts launch of MegaBox music sharing (Ars Technica) (TorrentFreak) (TorrentFreak)

Oracle – Oracle accepts $0 in damages from Google, moves towards appeal (Ars Technica) (FOSS Patents) (FOSS Patents)


US Trade Marks & Domain Names – Decisions

TTAB enters summary judgment in favour or Google in GOOGLE vs SOOGLE for travel services: Google v ACPS Global (TTABlog)

ND Indianna: More evidence that the initial interest confusion doctrine is dying: Dwyer v. Sensocon (Technology & Marketing Law Blog)


US Trade Marks & Domain Names – Lawsuits and strategic steps

CYBERsitter  – CYBERsitter sues Google for AdWords trademark infringement (Technology & Marketing Law Blog)

RC3 – New case RC3 v Justin Beiber over “Joustin Beaver” game (Patent Arcade)

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