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Online Global Week in Review 22 October 2010 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:

Blame Canada! Amazon wins argument at the CA Federal Court over ‘One-Click’ Patent (271 Patent Blog) (Patentology) (Spicy IP) (IP Osgoode) (Excess Copyright) (Patently-O) (IPblog)

EU Court of Justice Europe smacks “indiscriminate” copyright levies on blank CDs, DVDs: Padawan v SGAE (Ars Technica) (1709 Copyright Blog) (IPKat) (Excess Copyright) (IPKat)

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

Who is liable under an End-User Agreement? – Canada and US positions (

Global – Copyright

Former music label boss: beat piracy by selling albums for £1 (Ars Technica)

Copyright 2.0 Show – Episode 172 – Final text ACTA, Irish Court on three strikes etc (Plagiarism Today)

Pirate Parties plan to shoot torrent site into orbit (TorrentFreak)

Global – Patents

Micron’s $200 million licensing windfall (IAM)

Walker Digital patents being offered again – but not by ICAP Ocean Tomo (IAM)


Blame Canada! Amazon wins argument at the CA Federal Court over ‘One-Click’ Patent (271 Patent Blog) (Patentology) (Spicy IP) (IP Osgoode) (Excess Copyright) (Patently-O) (IPblog)

Angus tables motion in support of open source software (Michael Geist)

Chile – domain name may be for sale (IP tango)


Arrgh! Ready for another anti-piracy campaign? (China Hearsay)


EU Court of Justice Europe smacks “indiscriminate” copyright levies on blank CDs, DVDs: Padawan v SGAE (Ars Technica) (1709 Copyright Blog) (IPKat) (Excess Copyright) (IPKat)


Asked not to dial – Just Dial accused Askme of data theft (Spicy IP)


Prosecutor takes down torrent site, industry group sets terms for truce (TorrentFreak)


The battle of The Hague; R4 and mod chips game over? – Nintendo Co. Ltd & Ors v Snip Webwinkels & Ors (JIPLP)


Movie rental outfit hacked, emails leaked, redirected to The Pirate Bay (TorrentFreak)


Don’t blame piracy on us, say Google and leading Russian web firms (TorrentFreak)


Final day of The Pirate Bay appeal (TorrentFreak)

United Kingdom

Anonymous takes out UK Intellectual Property Office website (TorrentFreak)

United States

US General

Information sharing on the Internet may mean fewer confidential trade secrets: Sasqua Group, Inc. v. Courtney (Intellectual Property Law Blog)

US Patents

US: Patentable subject matter at the BPAI: Ex parte Kelker; Ex parte MacKenzie; Ex parte Venkata (Patent Docs)

Challenging the clear and convincing standard of proof for invalidating patents in court: Microsoft Corp. v. i4i Limited Partnership (on petition for certiorari 2010) (Patently-O)

US Patents – Decisions

Card Activation Technologies tripped up in patent reexamination? (Patents Post Grant Blog)

TiVo’s change in horses leads to termination of patent re-examination; TiVo shares on the rise after favourable USPTO re-exam decision (Patents Post-Grant) (IAM)

US Patents – Lawsuits and strategic steps

Acer – Motion to compel due diligence report denied in light of nondisclosure agreement: WI-Lan, Inc. v. Acer, Inc. et al (

Apple – HyperMac to halt MagSafe sales, hopes to appease Apple (Ars Technica)

EON – Motion to compel pre-suit investigation documents and for sanctions – granted as to logging / denied as to waiver: EON Corp. IP Holdings v. Veriuzon Clinto Center Drive Corp. (

Numark – Numark files new 337 complaint regarding certain electronic device mixer apparatus (ITC 337 Law Blog)

Overland Storage – Overland Storage seeks 337 investigation for certain automated devices – proposed respondents include IBM, BDT, Dell (ITC 337 Update)

US Copyright

Glenn Beck and his fair use problem (Public Knowledge)

Blog hyperlinks to news stories = copyright infringement or not? (Intellectual Property Law Blog)

In the Know podcast – Library of Congress on copyright law hindrance to preservation of sound recordings (Public Knowledge)

US Copyright – Decisions

District Court Nevada: Blogger wins fair use defense…on a motion to dismiss!: Righthaven v. Realty One (Technology & Marketing Law Blog) (Ars Technica)

US Copyright – Lawsuits and strategic steps

Capital Records – Labels, government oppose Thomas-Rasset’s attempt to avoid third trial (Copyrights & Copyrights)

Capitol Records – Jammie Thomas’ third P2P trial looms; RIAA complains about cost (Ars Technica)

Capitol Records – Judge Davis refuses request for “reasonable damages” instruction in Capitol v Thomas-Rasset (Recording Industry vs The People)

Capitol Records – Judge in Thomas-Rasset case may scuttle third trial (Copyrights & Campaigns)

Maverick Recordings – Labels oppose cert. in ‘innocent infringer’ case: Maverick Recordings v Harper (Copyrights & Campaigns)

Ohio Democratic Party – Copyright battle in Ohio Gov. race over use of clip to expose ‘steelworker’ as actor (Copyrights & Campaigns)

Universal Music Group – Mom asks court to declare Universal violated law in “dancing baby” case (EFF)

US Copyright Group – Targets of predatory lawsuits fight copyright troll in Washington, D.C. – EFF asks judge to dismiss two defendants from mass movie-downloading suits (EFF)

US Trade Marks & Domain Names – Decisions

District Court ND California: Edge Games crashes in trademark suit against Electronic Arts (TTABlog)

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