Online Global Week in Review 29 June 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:
ND California responds to CAFC decision, grants preliminary injunction against Galaxy Tab 10.1: Apple v Samsung (Protecting Designs) (Ars Technica) (FOSS Patents) (Docket Report)
ND Illinois: Judge Posner throws out entire case in Apple v Motorola (Ars Technica) (Docket Report) (FOSS Patents)
UK: Ofcom publishes revised anti-piracy plans (TorrentFreak) (Out-Law) (Ars Technica) (The 1709 Blog)
Australian Parliamentary Committee warns against ACTA ratification (for now) (Michael Geist) (TechnoLlama) (ipwars.com) (IP Watch)
Megaupload search warrants ruled illegal by New Zealand High Court (TorrentFreak) (Ars Technica)
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
Global – General
Social networking apps: Assurance of privacy is a valuable intangible asset that should be integrated before launch and not squandered (Business IP and Intangible Asset Blog)
Global – Copyright
Dropbox bans BitTorrent startup Boxopus over piracy concerns (TorrentFreak)
PayPal bans BitTorrent friendly VPN provider (TorrentFreak)
Global – Trade Marks & Domain Names
FrostWire seizes domain name from P2P scammer (TorrentFreak)
Global – Patents
Troubled HTC bolsters its patent portfolio with acquisition of S3 Graphics (IAM)
Australia
Google takes consumer watchdog to High Court over misleading AdWords (IP Writeboard)
Australian Parliamentary Committee warns against ACTA ratification (for now) (Michael Geist) (TechnoLlama) (ipwars.com) (IP Watch)
Canada
Federal Court says no copyright infringement for linking, posting several paragraphs from article: Richard Warman v Mark Fournier (Michael Geist)
Missing copyright docs, pt 1: Justice Dept warned about constitutionality of digital lock rules (Michael Geist)
Missing copyright docs, pt 2: Competition Bureau warned about digital lock competition concerns (Michael Geist)
Europe
Patentability threshold – computer-implemented inventions and business methods – BoA decisions in T1769/10-IGT & T1051/07-SK Telecom (IPKat)
EU court rejects Microsoft appeal against interoperability fine (Out-Law) (Ars Technica)
If Europe rejects ACTA, will it actually go away? (EFF)
Germany
Microsoft is enforcing a German injunction against Motorola – file allocation table (FAT) patent trial held in Mannheim (FOSS Patents)
Ireland
Irish record labels win, court reinstates “3 strikes” for file-sharing (TorrentFreak)
Japan
Jail for file-sharing not enough, labels want ISP-level spying regime (TorrentFreak)
New Zealand
Megaupload search warrants ruled illegal by High Court (TorrentFreak) (Ars Technica)
Sweden
Pirate Bay founder fined for ‘continued involvement’ in the site (TorrentFreak)
Taiwan
Court denies Pirate Party naming right, cites “real pirate” confusion (TorrentFreak)
United Kingdom
Ofcom publishes revised anti-piracy plans (TorrentFreak) (Out-Law) (Ars Technica) (The 1709 Blog)
Website blocking provisions to be removed from Digital Economy Act, says Government (Out-Law)
Wikipedia founder, Jimmy Wales, comes out in support of TVshack.net admin Richard O’Dwer (The 1709 Blog) (TorrentFreak) (Ars Technica)
Content mining should be cleared up and copyright law entirely rewritten, say MPs (Out-Law)
UKSC restores trial judge’s decision and common sense in parallel importation case Oracle America (formerly Sun Microsystems) v M-Tech Data & Anor (IPKat)
Newcastle Crown Court: SurfTheChannel owner found guilty of conspiracy to defraud the entertainment industry (TorrentFreak)
United States
US General
US Congress members demand access to TPP (IP Watch)
US Patents
More evidence of a broken patent system: Apple v Motorola (EFF)
Kappos explains concerns over FRAND-related injunctions and calls for balanced approach (IAM)
A $29 billion US troll-tax or just another statistical smokescreen? (Patentology)
Qualcomm restructures company due to concerns over impact of open source licenses on patents (FOSS Patents)
US Patents – Decisions
ND California responds to CAFC decision, grants preliminary injunction against Galaxy Tab 10.1: Apple v Samsung (Protecting Designs) (Ars Technica) (FOSS Patents) (Docket Report)
ND Illinois: Judge Posner throws out entire case in Apple v Motorola (Ars Technica) (Docket Report) (FOSS Patents)
US Patents – Lawsuits and strategic steps
Apple – Google to ITC in Xbox case: don’t pay attention to Judge Posner’s ‘non-final, non-binding’ decision (FOSS Patents)
Apple – ND California: Apple v Samsung: Apple posts bond and wins battle over expert reports, Samsung moves to stay injunction (FOSS Patents)
Apple – ND California: Federal judge sets evidentiary limits on Apple v. Samsung trial (Ars Technica)
Apple – ND California: Apple v. Samsung: injunction hearing on Friday, design patent dropped, transparency dispute (FOSS Patents)
Apple – Apple narrows its second ITC case against HTC, drops one entire patent and 34 claims (FOSS Patents)
Apple – Apple clarifies and reinforces push for immediate U.S. import ban of 29 HTC Android devices (FOSS Patents)
Apple – HTC writes another letter to the ITC opposing Apple’s request for an immediate import ban (FOSS Patents)
Apple – Apple sues HTC in Virginia court for abuse of 4G/LTE standard-essential patents (FOSS Patents)
FlashPoint Technology – ITC institutes investigation (337-TA-850) regarding Certain Electronic Imaging Devices against HTC, Pantech, Hauwie and ZTE (ITC 337 Law Blog)
Intellectual Ventures – ALJ Gildea denies motion to amend notice of prior art in Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803) (ITC 337 Law Blog)
Intellectual Ventures – ALJ Gildea denies motion to strike markman testimony of expert in Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803) (ITC 337 Law Blog)
InterDigital- ALJ Shaw denies motion to terminate investigation in Certain Wireless Devices With 3G Capabilities (337-TA-800) (ITC 337 Law Blog)
Motorola – Google subsidiary Motorola Mobility denies that its royalty demand letters said what they said in ITC matter against Apple and Microsoft (ITC 337 Law Blog)
Motorola – ITC decides to review in part initial determination in Certain Wireless Communication Devices (337-TA-745) brought against Apple (ITC 337 Law Blog) (FOSS Patents) (FOSS Patents)
Rovi – ALJ Bullock denies motion to amend protective order in Certain Products Containing Interactive Program Guide And Parental Controls Technology (337-TA-820) (ITC 337 Law Blog)
US Copyright
Pornhub & YouPorn owner funds fight against cyberlockers (TorrentFreak)
US Copyright – Decisions
District Court New Jersey on the idea/expression dichotomy and puzzle video games: Tetris v Xio Interactive (The 1709 Blog) (Intellectual Property Law Blog)
SD New York dismisses and severs in Combat Zone v Does 1-34 (Recording Industry vs The People)
Fair use gets stronger—thanks, “What What (In the Butt)” 7th Circuit decision in Brownmark Films v Comedy Partners et al (Ars Technica)
US Copyright – Lawsuits and strategic steps
Capitol – Capitol v MP3Tunes to proceed against Michael Robertson, motion for stay denied (Recording Industry vs The People)
Capitol Records – ReDigi opposes Capitol Records’ attempt to get customer information (Recording Industry vs The People)
Goodwin, Kyle – Friday hearing in Megaupload case over users’ rights: Abraham Sofaer joins EFF in fight for return of property (EFF)
Liberty Media – In Liberty Media v Tabora, defendant moves to dismiss ‘negligence’ claim, EFF files amicus brief (Recording Industry vs The People)
Megaupload – MPAA using Megupload case backdoor SOPA, court hears (TorrentFreak)
Megaupload – Kim Dotcom taunts US law enforcement via Twitter (Ars Technica)
Megaupload – Megaupload: U.S. intentionally disrespects foreign sovereignty (TorrentFreak)
Ubisoft – Ubisoft sues Beiswenger for declaration of rights following dismissed suit brought by Beiswenger over Assassin’s Creed (Patent Arcade)
US Trade Marks & Domain Names – Decisions
ED Pennsylvania: Another bad ruling for PissedConsumer on trademark and 47 USC 230 claims: Amerigas v. Opinion Corp. (Technology & Marketing Law Blog)
TTAB finds WHO’S WHO ONLINE generic for “providing and online directory..”: In re 21st Century Communications SCP (The TTABlog)
US Trade Marks & Domain Names – Lawsuits and strategic steps
Carreon, Charles – Defenders of The Oatmeal create parody websites to pick up the fight against Carreon (Ars Technica) (The 1709 Blog)
Chicago Tribune – Chicago Tribune’s trademark allegations put Occupied Chicago Tribune at risk (EFF)
Habush – Wisconsin Appeals Court punts on the legality of buying people’s names for keyword advertising: Habush v. Cannon (Technology & Marketing Law Blog)
Mojang – Minecraft developer Mojang and Zenimax/Bethesda settle trademark dispute (Patent Arcade)
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