Online Global Week in Review 23 Nov 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:

Copyright is failing, who feeds the artists? asks EU Commissioner (TorrentFreak) (Innovationpartners) (IP Watch)

Barrage of doubts voiced on Stop Online Piracy Act (IP Watch) (EFF) (Ars Technica) (Out-Law) (Ars Technica) (Ars Technica) (Public Knowledge) (Public Knowledge) (BlawgIT) (TechnoLlama) (Michael Geist) (Public Knowledge)


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

New Book – The Defense of the Mieza Hchip: IP Strategies for Tech Professionals (IP Think Tank)

Who owns social media contacts: employers or employees? (

Scaremongers, IP Rights, standardised ICT and public policy (IP finance)


Global – Copyright

“Twagiarism”: Does copyright protect a tweet? (IP Whiteboard)

Righthaven – Another MediaCAT? (1709 Copyright Blog)

Enabling creativity in the digital environment (TechnoLlama)

Scraping: Not just for RSS feeds anymore (PlagiarismToday)


Global – Trade Marks & Domain Names

Filtering and blocking closer to the core of the internet? (IP Watch)


Global – Patents

Doom delayed: thanks to a software patent (IP Whiteboard)

Mobile patent wars – Google, Microsoft and Apple (BlawgIT)



Samsung drops injunction demands, grabs reins in Apple dispute (Patentology)

Patent Office, professionals, must get with the social media program (Patentology)



YouTube agrees to share ad revenues with Belgian royalties collector (Out-Law)

Royalties collector proposes ‘piracy licence’ on Belgian ISPs (Out-Law)



STJ rules on case concerning posting of educational materials on the Internet (IP tango)



Universal Music sues insurer to pay for its copyright infringement (Michael Geist)

File sharing lawsuits progress in Canada as dozens face payment demands (Michael Geist)

The daily digital lock dissenter, day 34: Public Interest Advocacy Centre (Michael Geist)

The daily digital lock dissenter, day 33: City of Vancouver Archives (Michael Geist)

The daily digital lock dissenter, day 32: Canadian Association of University Teachers (Michael Geist)

The daily digital lock dissenter, day 31: CIPPIC (Michael Geist)

The daily digital lock dissenter, day 30: Canadian Alliance of Student Associations (Michael Geist)

The daily digital lock dissenter, day 29: ASTED (Michael Geist)

Keystone XL and the Future of Bill C-11 (Michael Geist)



China-based domain name theft (China Blawg)



Anti-piracy group asks court to order Grooveshark DNS block (TorrentFreak)

“Pirate Blogger” law student raided by police for file-sharing articles (TorrentFreak)



EU adopts resolution against US domain seizures (TorrentFreak)

Copyright is failing, who feeds the artists? asks EU Commissioner (TorrentFreak) (Innovationpartners) (IP Watch)

EU Advocate General anti-piracy advice “a victory for freedom” (TorrentFreak)

CJEU judgment in Airfield v Sabam (IPKat)

EU affirms commitment to homegrown Google Books alternative (IP Osgoode)

Pirate to join European Parliament as youngest member (TorrentFreak)



French court to rule on Samsung motion for iPhone 4S ban on December 8 (FOSS Patents)



How likely is the enforcement of German first-instance rulings against billion-dollar bonds? – Motorola and Samsung suits against Apple (FOSS Patents)

Motorola fairly likely to win German patent injunction against iCloud in February — Apple demands 2 billion euro ($2.7B) bail (FOSS Patents)

Samsung modified and relaunched Galaxy Tab 10.1 in Germany, may steer clear of design right infringement (FOSS Patents)

FRAND-land ends on Dutch-German border – Apple v Samsung (PatLit)

German UNESCO Commission releases “Open Content Licenses – A Practical Guideline” (Creative Commons)



End to an interim injunction: TenXC decision announced (Spicy IP)

Lady Gaga decision & celebrity domain name disputes in India (Spicy IP)



Samsung backs off threat to have iPhone 4S banned in Korea (Ars Technica)



Mexico’s largest university to post nearly all publications and course materials online (Michael Geist)



INDECOPI intensifies surprise audits to detect use of illegal software (IP tango)



Philippines domain name case (IP Komodo)



Police raid bittorrent tracker…and arrest its hosting provider (TorrentFreak)


United Kingdom

EWHC ruling asks CJEU to determine whether live internet streaming of free-to-air TV channels is lawful: ITV Broadcasting & Ors v TvCatchup (1709 Copyright Blog) (Out-Law) (IPKat)

Trade body says ECJ ruling could undermine private copying law reforms (Out-Law)

FOI request reveals plans for ‘rapid procedure’ on web blocking (Out-Law)

NZBsRus site shrugs off Hollywood shutdown attempt, but here comes SOPA (TorrentFreak)

UK internet blacklist censors fileserve file-hosting service (TorrentFreak)


United States

US Patents

Software corresponding structure (IPEG)

Tech giants weigh in on USPTO post grant rule making effort (Patents Post-Grant)


US Patents – Decisions

District Court S D California: Infringement contentions lacking allegations against certain products warrants estoppel, not summary judgment of noninfringement: Multimedia Patent Trust v. DirecTV, Inc., et al (Docket Report)

District Court S D California: Excessive jury award reduced from $70 million to $26.3 million: Lucent v Gateway (Docket Report)

District Court E D Texas: License extending to end users of Microsoft Windows does not authorize end users’ use of infringing software running on Microsoft Windows: Information Protection and Authentication of Texas, LLC v. Symantec Corp., et. al (Docket Report)


US Patents – Lawsuits and strategic steps

Apple – “Motion to behave” denied where counsel failed to meet & confer: Apple v Samsung (Docket Report)

Beacon Navigation – ITC institutes investigation (337-TA-814) regarding Certain Automotive GPS Navigation Systems (ITC 337 Law Blog)

Compound Photonics – ITC institutes investigation (337-ta-815) regarding Certain Projectors With Controlled-Angle Optical Retarders (ITC 337 Law Blog)

Elpida Memory – Elpida files new 337 complaint regarding dynamic random access memory (“DRAM”) semiconductor devices (ITC 337 Law Blog)

Graphic Properties Holdings – GPH files new 337 complaint regarding Certain Consumer Electronics And Display Devices (ITC 337 Law Blog)

Litepanels – ALJ Essex grants motion to terminate investigation as to Visio in Certain LED Photographic Lighting Devices (337-TA-804) (ITC 337 Law Blog)

Microsoft – Microsoft challenge to NetView patent, among the reexamination requests filed week of November 7, 2011 (WHDA)

Microsoft – The Microsoft – Barnes & Noble Saga – WD Washington and ITC patent infringement actions (Maier & Maier)

Nuance Communications – Joinder of affiliated defendants does not justify late identification of prior art: Nuance Communications v Abbyy Software House (Docket Report)

Ogma – ALJ Gildea grants joint motion to terminate investigation as to 3M in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773) (ITC 337 Law Blog)

Oracle – Oracle opposes plan of three trials while Google pushes hard for stay of patent claims (FOSS Patents)

Oracle – Parties’ “vastly divergent views on damages” warrant court-appointed damages expert: Oracle v Google (Docket Report)

Oracle – Undisclosed Trojan Horse rebuttal experts prohibited: Oracle v Google (Docket Report)

Rovi – Rovi files new 337 complaint regarding Certain Products Containing Interactive Program Guide And Parental Controls Technology (ITC 337 Law Blog)

S3 Graphics – S3 Graphics v Apple ruling delayed by six days – and still no decision on preliminary injunction against Samsung (FOSS Patents)

Technology Properties – ALJ Rogers grants motion to terminate investigation as to Aluratek in Certain Digital Photo Frames And Image Display Devices (337-TA-807) (ITC 337 Law Blog)

Uniloc USA – Focused early disclosures of contentions, source code and sales data facilitates resolution of infringement claims in multi-defendant case: Uniloc USA v Sony (Docket Report)

VirnetX – VirnetX files new 337 complaint regarding Certain Devices With Secure Communication Capabilities (ITC 337 Law Blog)

Vizio – ALJ Bullock grants motion to terminate investigation as to MStar Semiconductor in Certain Digital Televisions (337-TA-789) (ITC 337 Law Blog)


US Copyright

SOPA Congressional hearing – Who’s missing from today’s SOPA hearing? A short list (EFF)

Barrage of doubts voiced on SOPA (IP Watch) (EFF) (Ars Technica) (Out-Law) (Ars Technica) (Ars Technica) (Public Knowledge) (Public Knowledge) (BlawgIT) (TechnoLlama) (Michael Geist) (Public Knowledge) (Technology & Marketing Law Blog)

SOPA Congressional hearing – RIAA wants to shutter torrent sites, and more (TorrentFreak)

SOPA Congressional hearing – At web censorship hearing, Congress guns for ‘pro-pirate’ Google (Ars Technica)

SOPA Congressional hearing – Register of Copyrights: without SOPA, copyright “will ultimately fail” (Ars Technica)

Famous Hollywood-backed free speech lawyer says SOPA is A-OK (Ars Technica)

Internet community shut out of Stop Online Piracy Act hearing – again (EFF)

Are SOPA sponsors about to make themselves felons? Probably not (Ars Technica)

What’s on the blacklist? Three sites that SOPA could put at risk (EFF)

The privatization of copyright lawmaking (TorrentFreak)

Perhaps the copyright industry deserves some credit for pointing out our single points of failure (TorrentFreak)

It’s official: America a land of young, casual pirates – new report “Copy Culture in the US and Germany” (Ars Technica)

Sweet sanity: 75% of Americans say infringement fines should be under $100 (Ars Technica)

SDKs and APIs: Do they have copyright protection? (


US Copyright – Decisions

11th Circuit: Can a copyright be assigned by email?: Hermosilla v. Coca-Cola (Technology & Marketing Law Blog) (Property, intangible)

District Court N D Illinois: Naming doe defendants in bit torrent copyright case is shooting first, identifying targets later: Boy Racer v Does 1-22 (Chicago Intellectual Property Law Blog)

Righthaven case ends in victory for fair use: Righthaven v Democratic Underground (EFF)


US Copyright – Lawsuits and strategic steps

20th Century Fox – 20th Century Fox abandons $12 million pre-release movie script lawsuit (TorrentFreak)

Amazon – Kindle lending library mere “exercise of brute economic power,” says Authors Guild (Ars Technica)

David, Alki – Artists sue CBS, CNET, for promoting and profiting from piracy (TorrentFreak)

Google – Linus Torvalds cries ‘bogus’ too often and too easily — but the gullible believe him: Oracle v Google (FOSS Patents)

Grooveshark – “Grooveshark bosses uploaded music” say Universal in massive lawsuit (TorrentFreak)

ReDigi – RIAA wants ReDigi out of the business of selling “used” iTunes tracks (Ars Technica)


US Trademarks & Domain Names

Sweepstakes and online advertising (IP Spotlight)


US Trade Marks & Domain Names – Decisions

CAFC affirms TTAB decision sustaining “TELMEX” 2(d) opposition (TTABlog)

TTAB: PICROSS has acquired distinctiveness for Nintendo’s video games (TTABlog)


US Trade Marks & Domain Names – Lawsuits and strategic steps

Apple – Kindle Fire dragged into Apple’s “app store” suit against Amazon (Ars Technica)

%d bloggers like this: