Online Global Week in Review 27 Jan 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:

SOPA and PIPA: The internet spoke and, finally, Congress listened! (EFF) (Ars Technica) (EFF) (Seattle Trademark Lawyer) (Michael Geist) (EFF) (Ars Technica) (IP Watch) (IP Watch) (Ars Technica) (Ars Technica)

FBI shuts down MegaUpload, Kim Dotcom and others arrested in New Zealand (Ars Technica) (TorrentFreak) (IP Whiteboard) (The 1709 Blog) (IP Watch) (TorrentFreak) (TorrentFreak) (The 1709 Blog) (TorrentFreak)

Court of Appeal of The Hague says Galaxy Tab 10.1 doesn’t infringe Apple’s design right (FOSS Patents) (Class 99)


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

Will Google break or save the Internet? (FOSS Patents)

The gamification of code development itself (Patent Arcade)

The Pirate Bay wants you to really download a car (TorrentFreak)


Global – Copyright

After terrific year, music biz demands that world adopt “SOPA plus” (Ars Technica)

Guide to finding interesting public domain works online (Public Domain Review)

IFPI digital music report 2012 – Its digital growth! But is it good news for the IFPI? (The 1709 Blog)

IFPI digital music report 2012 – Government anti-piracy measures working, music industry says (IP Watch)

Before shutdown, Megaupload ate up more corporate bandwidth than Dropbox (Ars Technica)

Interwebs, save your anger for Kim Dotcom (Patentology)

MegaUpload takedown response – Anonymous takes down DoJ, UMG websites – attack on underway (Ars Technica)

FileSonic has disabled file sharing in wake of Megaupload takedown (Ars Technica) (TorrentFreak)

MegaUpload takedown reminds us why website terms and conditions can be important (Internet Cases)

More MegaUpload fallout: FileServe shutters file-sharing service (Ars Technica)

Cyberlocker ecosystem shocked as big players take drastic action (TorrentFreak)

RapidShare “not concerned” about Megaupload takedown (Ars Technica)

Megaupload wasn’t just for pirates: angry users out of luck for now (Ars Technica)

Occupy IP: New economy businesses clash with old (IP Watch)

Is piracy part of the digital ecosystem? (IP Watch)

Meganomics: The future of “follow-the-money” copyright enforcement (TorrentFreak)


Global – Patents

Motorola, Lenovo Smartphones cue new era of convergence (IP Solutions Blog)

InterDigital did the right thing and the future still looks bright – change on patent monetisation strategy for InterDigital (IAM)

Acacia lands Microsoft and Samsung as licensees following ADAPTIX purchase (IAM)

Why RIM does not have to be another Kodak (IAM)

The role of Kodak’s patent portfolio in its bankruptcy (Patent Law Practice Center)

Kodak should not count on a big patent sale to save the day (IAM) (IPBiz)



Australia: US copyright colony or just a good friend? (TorrentFreak)



The behind-the-scenes campaign to bring SOPA to Canada (Michael Geist)

Would a SOPA version of the Canadian Copyright Bill target YouTube? (Michael Geist)

Copyright and the Right (Michael Geist)

Putting the accent on .ca domains (Canadian Trademark Blog) (Michael Geist)



Shenzhen Intermediate People’s Court denies Apple’s claims in IPAD trademark dispute with Proview Technology (China Law Insight)



Revised IP enforcement laws will help creators distribute legal content, EU Commissioner says (Out-Law)

Collective licensing: Promises and pitfalls (IP Osgoode)



Anti-piracy warnings have no effect on iTunes sales (reponse to music industry claims that 3-strikes law boosted iTunes sales) (TorrentFreak)



Apple says Galaxy Nexus infringes slide-to-unlock utility model in Germany (FOSS Patents)

Apple v. Motorola: No compulsory licence defence (Kluwer Patent Blog)

FCJ rules that the skilled person will look for approaches already provided by a standard when wanting to improve that standard: Email via SMS (Kluwer Patent Blog)



John Doe orders for blocking of websites: mad dog without a leash? (Spicy IP)

Website blocking to prevent copyright infringement: a comparison of the Indian and UK approaches (Part 1 – Spicy IP) (Part 2 – Spicy IP) (Part 3 – Spicy IP)

IPAB: Yahoo v Controller, and Rediff: Business methods are not patentable (Spicy IP)



Israeli entrepreneur changes name to Mark Zuckerberg, Facebook dislikes this (IP Osgoode)



Court of Appeal of The Hague says Galaxy Tab 10.1 doesn’t infringe Apple’s design right (FOSS Patents) (Class 99)

Dutch courts join Pirate Bay blocking bandwagon (EFF)


New Zealand

MegaUpload founder again denied bail, High Court appeal launched (TorrentFreak) (TorrentFreak) (The 1709 Blog) (TorrentFreak)


United Kingdom

Entertainment industry talent needs better tennis facilities – copyright contracts and digital revenues (The 1709 Blog)

EWPCC: Digitally altered photographs can qualify for copyright protection: Temple Island Collections v New English Teas & Anor (Out-Law) (Excess Copyright) (IPKat)

EWCA (Civ): Is overlooking a fact an error of principle?: MMI Research v Cellxion (IPKat)

Gambling on an appeal? – EWCA (Civ) trademark decision WHG (International) & Ors v 32Red (IPKat)


United States

US General

State of the Nation address: Obama announces new trade enforcement unit with IP focus (IP Watch) (The 1709 Blog)


US Patents

Patent attorneys leave firms for NPEs (Patent Law Practice Center)


US Patents – Decisions

CAFC: Post-Bilski split on patentable subject matter: Dealertrack v Huber (IPKat) (IPBiz)

CAFC: When is an inventor’s contribution to the method of making a chemical compound an inventive step: Falana v Kent State University (Patently-O)

District Court N D Illinois: Inventors’ inability to define claim term does not render claim indefinite: Apple v Motorola (Docket Report)

District Court E D California: Patent directed to method for categorising web pages not invalid for claiming unpatentable subject matter: IconFind v Google (Docket Report)

ITC issues public version of opinion affirming no s 337 violation by Nintendo in Certain Video Game Systems And Controllers (337-TA-743) brought by Motiva (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Ambato Media – EDTX: Motion to stay patent case pending re-examination denied: Ambato Media v Clarion Co (

Apple – Apple appeals ITC decision on complaint against HTC to Federal Circuit, seeks to expand import ban (FOSS Patents)

Apple – EDTX embraces joinder based on similarity of accused products; other courts disagree: One-E-Way v Plantronics et al; Imperium (IP) Holdings v Apple et al (Docket Report)

AU Optronics – ALJ Essex grants motion to terminate investigation in Certain Flat Panel Display Devices (337-TA-793) based on settlement agreement (ITC 337 Law Blog)

EON Corporation – Motion for leave to amend infringement contentions granted … but not as to those additional products: EON Corp v T-Mobile (

Fatpipes Network – Utah: Evidentiary sanctions imposed where accused system’s log files decry plaintiff’s testimony concerning testing: Fatpipes Network India v Xroads Networks (Docket Report)

Linex Technologies – ALJ Pender denies motion to extend fact discovery in Certain Wireless Communication Devices And Systems (337-TA-775) (ITC 337 Law Blog)

Linex Technologies – ALJ Pender denies respondents Apple, HP, Aruba, Meru Networks and Ruckus Wireless’ motion to compel in Certain Wireless Communication Devices And Systems (337-TA-775) (ITC 337 Law Blog)

Mondis – Mondis files new 337 complaint regarding Certain Video Displays (ITC 337 Law Blog)

Motorola – Motorola piles on the patent suits, now targets iPhone 4S and iCloud (Ars Technica) (FOSS Patents)

Motorola – Overview of Microsoft’s and Motorola’s petitions for review of preliminary ITC ruling (FOSS Patents)

Network Protection Services – Patent case transferred to California: Network Protection Services v Juniper et al (

Nintendo – Motion to transfer patent case denied: Triton Tech of Texas v Nintendo of America et al (

Oracle – Oracle accepts judge’s proposal, will submit new damages report — mid-April trial still possible (FOSS Patents)

Oracle – Judge refuses to separate patent claims from Oracle-Google case but trial could start in mid-April (FOSS Patents)

Oracle – Judge ups the ante for Oracle with respect to two patents asserted against Google (FOSS Patents)

Round Rock – Challenge to Round Rock RFID patent, among the reexamination requests filed week of January 16, 2012 (WHDA)

Samsung – Samsung allowed to show Apple-Qualcomm contracts, letters and limited source code to foreign courts (FOSS Patents)

Sony BMG – Joint direct infringement pleading must identify which defendant performed each element: Driessen v. Sony BMG (Docket Report)

Voxpath – Patent case transferred to New Jersey: Voxpath v LG Electronics (

Walker Digital – ALJ Gildea sets 20-month target date in Certain Blu-Ray Disc Players (337-TA-824) (ITC 337 Law Blog)

WordCheck – Judge Davis rejects proposal for early “mini-Markman”: Word Check Tech v Alt-N Technologies (Docket Report)


US Copyright

Post SOPA and PIPA, what’s next? No legislation, more innovation. (EFF)

White House petitioned to investigate MPAA bribery (TorrentFreak)

SOPA and PIPA: The internet spoke and, finally, Congress listened! (EFF) (Ars Technica) (EFF) (Seattle Trademark Lawyer) (Michael Geist)

Internet Blackout Day fires up digital rights activism around the world (EFF) (Ars Technica) (IP Watch)

US Senate postpones PIPA vote; EU Commissioner joined opposition (IP Watch) (Ars Technica) (Ars Technica)

Sen. Ron Wyden: “You can’t come up with sensible Internet policy on the fly” – hold on PROTECT IP Act proved useful (Ars Technica)

No more backroom deals – users must have a voice in governing the Internet (EFF)

It’s time to go on the offensive for freedom of speech (TorrentFreak)

If the feds can shut down Megaupload, why do we need SOPA? (Ars Technica)

Throwing Hollywood under the bus could pay dividends for GOP (Ars Technica) (Ars Technica)

SOPA backer Rep Lamar Smith reassures his troops: “facts will overcome fears” (Ars Technica)

EMI boss opposes SOPA, says piracy is a service issue (TorrentFreak)

If you critique SOPA, read the text. If you read the text, read it right. (Internet Cases)

FAQ: What SOPA would mean to you (IP Watch)

SOPA and network architecture (TechnoLlama)

The implications of MegaUpload (TechnoLlama)


US Copyright – Decisions

District Court S D New York: Photobucket qualifies for the 512(c) safe harbour (again): Wolk v Kodak (Technology & Marketing Law Blog)


US Copyright – Lawsuits and strategic steps

Apple – iBooks author EULA restrictions invite antitrust concerns (Ars Technica)

MegaUpload – “We’re just like YouTube” MegaUplod lawyer tells Ars Technica (Ars Technica)

MegaUpload – Explainer: How can the US seize a ‘Hong Kong site’ like MegaUpload? (Ars Technica)

MegaUpload – Google cut off MegaUpload’s ad money voluntarily back in 2007 (Ars Technica)

MegaUpload – Long odds against legal success, say law Profs Grimmelmann, Carrier and Sprigman (Ars Technica)

MegaUpload – MegaUpload loses top lawyer after ‘outside’ pressure (TorrentFreak)

MegaUpload – Megaupload shut down by the FBI, seven charged, four arrested (Ars Technica) (TorrentFreak) (IP Whiteboard) (The 1709 Blog) (IP Watch)

MegaUpload – Why the Feds smashed MegaUpload (Ars Technica) (TorrentFreak)

MegaUpload: Mega-man: The fast, fabulous, and fraudulent life of Kim Dotcom (Ars Technica)

Mick Haig Productions – EDTX: Judge blasts “unlawful invasions of privacy” by “rogue” P2P attorney: Mick Haig v Does 1-670 (Ars Technica)

NinjaVideo – Second NinjaVideo admin jailed for copyright infringement (TorrentFreak)

Oracle – Google doesn’t dignify Oracle’s proposed priority on copyright with much of a response (FOSS Patents)

ReDigi – Capitol Records opposed ReDigi summary judgment conference request (Recording Industry vs The People)

ReDigi – Capitol Records moves for preliminary injunction in ReDigi case (Recording Industry vs The People)

ReDigi – ReDigi files answer & requests summary judgment conference in Capitol Records v ReDigi (Recording Industry vs The People) (Ars Technica)


US Trade Marks & Domain Names – Decisions

District Court N D California: Google gets significant win in AdWords/parked domains case: In re Google Adwords Litigation (Technology & Marketing Law Blog)

District Court Utah: Just how egregiously must a trademark plaintiff act before a court awards attorneys’ fees to the defendant?: 1-800 Contacts v. (Technology & Marketing Law Blog)

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