Online Global Week in Review 23 Sept 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:

Newzbin 2 operators launch software to counteract site-blocking measures, reports say – Twentieth Century Fox v BT ( (ArsTechnica) (TorrentFreak) (Laurence Kaye on Digital Media Law) (jiplp)

1st Circuit Court of Appeals reinstates $675,000 file-sharing decision against Joel Tenenbaum (TorrentFreak) (Electronic Frontier Foundation) (ArsTechnica) (Recording Industry vs People) (Technology & Marketing Law Blog) (1709 Blog)


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

The invisible hand of the intellectual market (IP Think Tank)


Global – Copyright

Copyright 2.0 Show – Episode 210 – Moral Bankruptcy – incl. Hotfile sues Warner Brothers over DMCA abuse (Plagiarism Today)

The SEO benefits and drawbacks of Creative Commons (PlagiarismToday)


Global – Trade Marks & Domain Names

ICC Conference on changing domain name landscape and new gTLDs (IP Watch)


Global – Patents

Software patents: a convenient misnomer for those who seek to expropriate IP (IP finance)



Optus TV Now and the threat to sports’ millions: Singtel Optus v National Rugby League ( (

Google’s keywords advertising: FCA hands down decision in ACCC v Trading Post Australia Pty Ltd (



Hurt Locker file sharing lawsuits put the hurt on everyone (Michael Geist)

Canadian Police issue file-sharing scam letters fraud warning (TorrentFreak)

Behind the scenes of Bill C-32: The complete ministerial Q & A (Michael Geist)



Russia, China, Tajikistan propose UN ‘code of conduct’ for the ‘Net (ArsTechnica)

Apple’s new China trade dress patents: At least the PR guys are happy (China Hearsay)



Anti-piracy group will sue pay processors if they don’t name site admins (TorrentFreak)



The cost of copyright term extension (Michael Geist)

Breakthrough gives EU principles for digitising out-of-print books (IP Watch)

Europeana adopts new data exchange agreement, all metadata to be published under CC0 (Creative Commons)

EPO Board of Appeal: New prior art document but arguments based on same grounds – appeal inadmissible T1146/06 Printing system (Kluwer Patent Blog)



Translation of Düsseldorf Regional Court’s detailed ruling against Samsung Galaxy Tab 10.1 (FOSS Patents)

Creative Commons Attribution-ShareAlike license enforced in Germany (Creative Commons)



ESPN Software India files FIR against Varnam Cable Network (Kerala) (IIPRD Blog)



Central District Court finds retransmission constituted copyright infringement in AGICOA vs. Hot Telecommunication Systems (IP Factor)



Italy proposes draconian one-strike anti-piracy law (TorrentFreak)



Samsung looks to preemptively ban next iPhone from Korea (ArsTechnica)



Pirated software battles in Philippines (IP Komodo)



Sound mark with electronic audio file: First electronic filing (Class 46)



Pirate Bay founder fails to appear at Court of Appeal hearing (TorrentFreak)


United Kingdom

Newzbin 2 operators launch software to counteract site-blocking measures, reports say – Twentieth Century Fox v BT ( (ArsTechnica) (TorrentFreak) (Laurence Kaye on Digital Media Law) (jiplp)

Search and ISP companies may be asked to help tackle copyright infringement, says minister (

Lib-Dems back repeal of Digital Economy Act’s copyright infringement measures (

Hargreaves & ‘text mining’ – digging up copyright? (Laurence Kaye on Digital Media Law)


United States

US Patents

A trio of post-Bilski cases fail to clearly define the meaning of ‘abstract’ (Electronic Frontier Foundation)

Google calls on Big Blue again; SEC filing reveals speed of Motorola patent due diligence (IAM)


US Patents – Decisions

CAFC: Computer programs and patentable subject matter: Ultramercial, LLC v. Hulu, LLC (Gray on Claims) (Patently-O)

District Court Delaware: Use of the terms ‘charge’ ‘recharger’ and ‘connector’ do not render claim indefinite: Intermec Technologies Corp. v. Palm Inc.  (Docket Report)


US Patents – Lawsuits and strategic steps

Apple – ITC decides to review in part initial determination in Certain Personal Data And Mobile Communications Devices (337-TA-710) (ITC Law Blog)

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

Honeywell – ALJ Gildea rules on motion to establish dual prior art deadlines in Certain GPS Navigation Products (337-TA-783) (ITC Law Blog)

HTC – Apple still has upper hand against HTC but review decision threatens preliminary win at the ITC (FOSS Patents)

Mobilemedia Ideas – Motion to transfer denied with leave to refile following venue discovery: Mobilemedia Ideas, LLC v. HTC Corp. (

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

Oracle – Next Oracle-Google settlement talks possibly without the Larrys – damages claims may be higher than ever (FOSS Patents)

Oracle – Not much left of Google’s 20 affirmative defenses against Oracle (FOSS Patents)

Oracle – Without settlement, Google might pay more for Java license from Oracle than for Motorola Mobility (FOSS Patents) (FOSS Patents) (FOSS Patents)

Rambus – ALJ Essex grants-in-part Broadcom and Mediatek’s motion to compel in Certain Semiconductor Chips (337-TA-753) (ITC Law Blog)

Renasas Electronics Corporation – ALJ Bullock sets 19-month target date in Certain Digital Televisions Containing Integrated Circuit Devices (337-TA-806) (ITC Law Blog)

Richtek – ALJ Bullock sets target date for enforcement proceeding in Certain DC-DC Controllers (337-TA-698) (ITC Law Blog)

RIM – Similarity among different accused software applications does not justify joinder of defendants: Tierravision, Inc. v. Research in Motion Ltd., et. al. (Docket Report)

Samsung – ALJ Gildea sets procedural schedule in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794) (ITC Law Blog)

Trading Technologies – Court grants limited jurisdictional discovery: Trading Techs. Int.’l, Inc. v. BCG Partners, Inc (Chicago IP Litigation Blog)

Trek 2000 – ALJ Essex sets procedural schedule in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives (337-TA-788) (ITC Law Blog)

Verizon – ITC grants petition for reconsideration and terminates investigation with finding of no violation in Certain Digital Set-Top Boxes (337-TA-712) (ITC Law Blog)


US Copyright

RapidShare lobbies lawmakers against PROTECT IP Act (TorrentFreak)

MPAA urges Congress to ignore evidence in favor of ‘common sense’ (Public Knowledge)

The economics of (killing) mass-BitTorrent lawsuits (TorrentFreak)

A second bite at the apple: Copyright reclamation ripens for sound recordings (Public Knowledge)

Press starts to doubt anti-piracy propaganda machine (TorrentFreak)

US Rep: Copyright has actually been an ‘impediment’ to rightsholders (ArsTechnica)


US Copyright – Decisions

1st Circuit Court of Appeals reinstates $675,000 file-sharing decision against Joel Tenenbaum: Sony BMG v Tenenbaum (TorrentFreak) (Electronic Frontier Foundation) (ArsTechnica) (Recording Industry vs People) (Technology & Marketing Law Blog) (1709 Blog)


US Copyright – Lawsuits and strategic steps

Authors Guild – The Authors Guild should trust universities and HathiTrust (Public Knowledge) (Electronic Frontier Foundation)

First Time Videos – Court denies anonymous motion to quash subpoena in BitTorrent copyright case: First Time Videos v. Does 1-18 (Internet Cases)

Hotfile – Warner betrays Hotfile, Hotfile sues for fraud (Public Knowledge)

Oracle – Judge throws out Google’s summary judgment on copyright almost entirely (FOSS Patents)

Righthaven – Lawyer wants US Marshals to seize copyright troll’s bank account (ArsTechnica)


US Trade Marks & Domain Names – Decisions

9th Circuit finds web host liable for its customers’ trademark infringement: Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. (Seattle Trademark Lawyer)

WYHA? TTAB affirms genericness refusal of DIGITAL RF for communication devices (TTABlog)


US Trade Marks & Domain Names – Lawsuits and strategic steps

eBay – Court to consider whether intent-to-use applicant faced with TM opposition has the right to seek declaratory relief in Federal Court: Tradebay vs. eBay (Vegas Trademark Attorney)

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