Online Global Week in Review 23 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:

Pirate Bay plans to build aerial server drones with $35 Linux computer (Ars Technica) (The 1709 Blog) (TorrentFreak) (TorrentFreak)

Megaupload seizure order “null and void” says New Zealand High Court (TorrentFreak) (Ars Technica)

Higher Regional Court of Hamburg orders Rapidshare to filter user uploads (Ars Technica) (Out-Law)


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

The true cost of piracy: an infographic to set the discussion agenda (The 1709 Blog)


Global – Patents

Facebook acquires legal ammunition in form of 750 IBM patents (Ars Technica)

Could fury at Yahoo!’s alleged deception lead to patent decline? (IAM)

If you monetise your IP HP, why shouldn’t others do the same with theirs? (IAM)

Motorola’s Round Rock suit shows why Micron sold its patents to the NPE (IAM)

Apple reveals where its spare $98 billion will go, and it’s not on patents (IAM)



Leading Australian artist awarded damages for unjustified threats in groundbreaking online copyright decision (IP Whiteboard)

ISP: Secret anti-bittorrent piracy talks are failing (TorrentFreak)



Blogs to pay royalties for posting YouTube videos – Oh Dear! (IP tango)



Let’s talk about the “effect on the market”. Seriously. (Ariel Katz)

Does Bill C-11 create barriers to network PVRs and cloud services in Canada? (Michael Geist)

Penske file no more? The Canadian Digital Economy Strategy inches forward (Michael Geist)



Apple and Foxconn: When saying less might be better (IPKat)



Google – Motorola merger decision – EU Commission shares its views on the FRAND defence (PatLit)

Debate heats up ahead of EU Parliament discussion on ACTA – La Quadrature complains of threat to freedom of expression online, Collecting Societies support the treaty (IP Watch)

Premier League considering selling broadcast rights on pan-EU basis following ECJ ruling (Out-Law)

Orphan works reforms approved by European Parliament committee amidst apparent voting irregularities (Out-Law)



Microsoft raises multiple defenses against Motorola push notification patent in Germany (FOSS Patents)

German courts appear inclined to halt one Microsoft-Motorola and another Apple-Samsung lawsuit (FOSS Patents)

Karlsruhe Higher Regional Court lets Motorola continue to enforce its push notification patent against Apple (FOSS Patents)

Mannheim court halts Apple’s second slide-to-unlock case against Samsung (FOSS Patents)

BGH decision on exhaustion of rights in connection with Microsoft’s Certificate of Authenticity (Class 46)

Higher Regional Court of Hamburg orders Rapidshare to filter user uploads (Ars Technica) (Out-Law)



Can civil courts appoint technical experts in software piracy suits? (Spicy IP)

Anti-piracy movement in India gains heat: Cause for concern or justified response? (Spicy IP)

Calcutta High Court rules access to 104 alleged copyright-infringing music websites must be blocked at ISP level (The 1709 Blog) (TorrentFreak)



Israel Commissioner of Patents considers Internet publication abroad as published in Israel (The IP Factor)



No online copyright regulation to be adopted in Italy (for now) (The 1709 Blog)



BREIN shuts down Pirate Bay proxies (TorrentFreak)


New Zealand

Megaupload seizure order “null and void” says High Court (TorrentFreak) (Ars Technica)



Nigerian courts set up against copyright piracy: 18 convicted (IP Watch)


South Africa

Copyright: Media monitoring organisations face the prospect of paying copyright fees for newspaper content (Afro-IP)



Pirate Bay plans to build aerial server drones with $35 Linux computer (Ars Technica) (The 1709 Blog) (TorrentFreak) (TorrentFreak)

Pirate Bay ‘Financier’ Carl Lundström will serve sentence electronically tagged (TorrentFreak)

Pirate Bay founders to spend sentences in three separate jails (TorrentFreak)


United Kingdom

IPO Copyright Consultation closes; publishers speak (Laurence Kaye on Digital Media Law)

Government stands by IP reform growth estimates despite rights holder concerns (Out-Law)

UK Parliament group conducts post-Hargreaves inquiry into IP policy (IP Watch)


United States

US Patents – Decisions

C D California: Permanent injunction granted with sunset provision requiring trebled royalty of 9% on future sales: Broadcom v. Emulex (Docket Report)

Judge Posner declares Apple operating system patent invalid and is unsure about touchscreen heuristics patent in patent suit against Motorola (FOSS Patents)

ITC: Apple loses final ITC ruling against Motorola Mobility: preliminary finding of no violation affirmed (FOSS Patents) (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Broadcom – Broadcom wins important victory in reexamination of its ‘080 GPS patent (WHDA)

Cypress Semiconductor – ALJ Bullock grants joint motion to terminate investigation as to Ericsson in Certain Static Random Access Memories (337-TA-792) (ITC 337 Law Blog)

EveryMD – Republican candidates fire back at patent holder: EveryMD v. Rick Santorum, Mitt Romney, and Newt Gingrich (Patents Post-Grant)

Microsoft – Microsoft and TiVo call truce on patent lawsuits (Ars Technica)

Microsoft – U.S. district court schedules FRAND hearing in Microsoft-Motorola case for May 7 (FOSS Patents)

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

Rambus – Rambus suffers setback in ‘109 reexamination at the PTO Board (WHDA)

Richtek – ALJ Shaw grants joint motion to terminate investigation in Certain DC-DC Controllers (337-TA-802) (ITC 337 Law Blog)

Rovi Corporation – ALJ Bullock precludes disclosure of confidential business information to proposed expert in Certain Products Containing Interactive Program Guide And Parental Control Technology (337-TA-820) (ITC 337 Law Blog)

S3 Graphics – ALJ Gildea issues order regarding Markman presentations and technology tutorial in Certain Electronic Devices With Graphics Data Processing Systems (337-TA-813) (ITC 337 Law Blog)

Samsung – ALJ Gildea grants-in-part motion to strike notice of prior art in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794) (ITC 337 Law Blog)

Varia Holdings – Samsung and RIM sued for infringing lol-worthy emoticon patent (Ars Technica)

Yahoo – Are Yahoo’s patents strong enough to topple Facebook? (Ars Technica)

Yahoo – Ten things Oracle v. Google tells us about the judge presiding over Yahoo v. Facebook – UPDATE: 10 hours later, the case was reassigned to a different judge (FOSS Patents)

Yahoo – Why attacks on Yahoo! over Facebook lawsuit are unjustified (Patentology)


US Copyright

RIAA and ISPs to police your traffic this summer (updated) (Ars Technica)

Op-ed: Imminent “six strikes” Copyright Alert System needs antitrust scrutiny (Ars Technica)

Can you be sued for simply watching an illegal video stream? (TorrentFreak)

US group creates social platform to lobby for and create Internet reforms (IP Watch)


US Copyright – Decisions

District Court Montana: Another 512(f) claim fails: Ouellette v. Viacom (Technology & Marketing Law Blog)

District Court N D Illinois: Swarming does not create jurisdiction: Millenium TGA v Doe (Chicago IP Litigation Blog)

NinjaVideo “Head of Security” avoids prison (TorrentFreak)


US Copyright – Lawsuits and strategic steps

Megaupload – Fake law firm demands cash from Megaupload users with “settlement” offer (Ars Technica) (TorrentFreak)

Megaupload – Google says Hotfile is eligible for same DMCA protection as YouTube (Ars Technica) (TorrentFreak)

Megaupload – ISP: Storing 25 petabytes of Megaupload data costs us $9,000 a day (Ars Technica)


US Trade Marks & Domain Names – Decisions

District Court W D Washington: Judge finds insufficient evidence of consumer confusion in case concerning website text comparing products: AR Pillow v. Cottrell (Technology & Marketing Law Blog)


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