Online Global Week in Review 3 Feb 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:

Sweden: Pirate Bay founders’ prison sentences final, Supreme Court appeal rejected (TorrentFreak) (The 1709 Blog) (Ars Technica)

FRAND – European Commission opens proceedings against Samsung (PatLit) (Out-Law) (Tangible IP) (Ars Technica) (FOSS Patents)

EFF ready to sue if “innocent customers” can’t get Megaupload data back (Ars Technica) (EFF) (Internet Cases) (EFF) (TorrentFreak) (Ars Technica) (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 – General

Twitter’s country-by-country tweet removal announcement (Technology & Marketing Law Blog) (EFF)


Global – Copyright

We have every right to be furious about ACTA (EFF)

As Anonymous protests, internet drowns in inaccurate anti-ACTA arguments (Ars Technica) (Ars Technica)

Beyond ACTA: next secret copyright agreement, the TPP, negotiated this week – in Hollywood (Ars Technica) (EFF)

MegaUpload alternatives see surge in traffic after shutdown (TorrentFreak)


Global – Trade Marks & Domain Names

New internet domain process off to smooth start, ICANN says (IP Watch)


Global – Patents

IP Australia and US Courts grapple with computer-implementation: Sheng-Ping Fang (APO); Dealertrack v Huber (CAFC) (Patentology)

Did Google buy Motorola Mobility primarily for its patents? (Ocean Tomo Insights)

The NPE reality is very different to the media myth (IAM)

Patent aggregators – The giants among us – or US? (IP finance) (Inventive Step)



FCA: Rares J rules Optus’ TV Now service does not infringe copyright in broadcasts of the AFL or the NRL: Singtel Optus v NRL Investments (



The Daily Digital Lock Dissenter: The series to date (Michael Geist)

Ten key questions and answers about Bill C-11, SOPA, ACTA and the TPP (Michael Geist)

From deadwood to opportunity: CRIA changes its tune on the Canadian online music market (Michael Geist)

University of Toronto and Western University capitulate to Access Copyright (Excess Copyright)

Canadian Music Industry Lobby: Put SOPA into C-11 or stand with illegal sites (Michael Geist)



Apple file appeal with Higher People’s Court of Guangdong in their failed iPad trademark lawsuit case (China Hearsay)



FRAND – Commission opens proceedings against Samsung (PatLit) (Out-Law) (Tangible IP) (Ars Technica) (FOSS Patents)

Opponents protest signing of ACTA without adequate debate (Ars Technica)

Soccer match schedules must be creative to be copyrighted, says Advocate General C-604/10 Football Dataco v Yahoo! UK (IP Osgoode)

Personal data protections and IP rights enforcement: two worlds apart?: Bonnier Audio v Perfect Communication (JIPLP)



Apple removed products from German online store due to Motorola injunction based on FRAND patent (FOSS Patents)

Dusseldorf Higher Regional Court: Unfair competition prevails over community design in Apple/Samsung dispute (PatLit) (FOSS Patents)

Munich District Court rejects Apple’s request for preliminary injunctive relief banning sales of Samsung’s Galaxy 10.1N and Galaxy Nexus (PatLit) (FOSS Patents)

Motorola wins German injunction against Apple’s iCloud (and MobileMe) push email service and client devices (FOSS Patents)

Mannheim Regional Court: Samsung loses second German 3G patent lawsuit against Apple (FOSS Patents)

Cyberlocker burden of proof should be reversed, anti-piracy group GVU says (TorrentFreak)


Hong Kong

MegaUpload: Hong Kong mulls copyright crackdown (TorrentFreak)



‘Practice-directions’ and Anton Piller orders in ‘software piracy’ cases (Spicy IP)



Dutch ISPs refuse to block The Pirate Bay (TorrentFreak)


New Zealand

Two MegaUpload Ops bailed, but government wants surveillance (TorrentFreak)

Megaupload founder accuses police of assault, denied bail again (TorrentFreak)



IFPI welcomes Russian ruling on unlicensed streaming platform, vKontakte (The 1709 Blog)



Pirate Party of Catalonia wants to sue FBI, in Spain, over Megaupload seizure (Ars Technica)



Pirate Bay founders’ prison sentences final, Supreme Court appeal rejected (TorrentFreak) (The 1709 Blog) (Ars Technica)

The Pirate Bay moves to .se domain to prevent domain seizure (TorrentFreak)

Pirate Bay verdict signalsthreat of huge new anti-piracy campaign (TorrentFreak)



Authorities shut down Ukraine’s largest file-sharing site (TorrentFreak)


United Kingdom

Anti-piracy code of practice for search engines proposed by rights holder representatives (Out-Law) (TorrentFreak)

PRS’ digi licensing results – good in parts (The 1709 Blog)

Struck off barriser was Newzbin owner (Out-Law)

Newzbin dumps .com, promises VPN and cyberlocker services (TorrentFreak)


United States

US General

When it comes to the Facebook IPO it’s all about intangibles and IAs (IAM)

Six interesting technology law issues raised in the Facebook IPO (Internet Cases)


US Patents – Decisions

IPCom wins by waiver – CAFC temporarily revitalises IPCom case against HTC (Patently-O) (IPBiz)

CAFC: Unpatentable ‘computer aided’ claims: Dealertrack v Huber (Patently-O) (IPEG)

District Court Nevada: Difficulty collecting judgment from foreign defendant is sufficient to establish irreparable harm needed for preliminary injunction: Aevoe v Shenzhen Membrane Precision Electron (Docket Report)

PTO BoA: Google victorious over Function Media internet advertising system patents (WHDA)

Rambus loses at BPAI (IPBiz)


US Patents – Lawsuits and strategic steps

Apple – Apple points the ITC to Judge Posner’s take on a key Steve Jobs multitouch patent (FOSS Patents)

Apple – Judge Posner wants Apple and Motorola to ‘winnow’ more patents out of Chicago litigation (FOSS Patents)

Apple – Legendary judge hands Apple key patent interpretation victory against Android in ND Illinois litigation between Apple and Motorola (FOSS Patents)

Creative Kingdoms – ALJ Bullock rules on supplemental expert report motions in Certain Video Game Systems (337-TA-770) (ITC 337 Law Blog)

Cypress Semiconductor – ALJ Bullock grants motions to terminate investigation in Certain Static Random Access Memories (337-TA-792) based on settlements agreements between Cypress and respondents Alcatel-Lucent and Nokia (ITC 337 Law Blog)

Digitude – ALJ Rogers sets 18-month target date in Certain Portable Communication Devices (337-TA-827) (ITC 337 Law Blog)

eBay – eBay attack on Purple Leaf electronic transaction patent among the reexamination requests filed week of January 23, 2012 (WHDA)

Microsoft – ALJ Essex denies motions for summary determination of invalidity and noninfringement in Certain Handheld Electronic Computing Devices (337-TA-769) (ITC 337 Law Blog)

Microsoft – ITC throws out Barnes & Noble’s antitrust claims against Microsoft ahead of trial: no signs of wrongdoing (FOSS Patents)

Microsoft – Microsoft receives controversial GPS patent (IP Solutions Blog)

Motorola Mobility – ALJ Shaw denies motion to strike expert testimony in Certain Gaming and Entertainment Consoles (337-TA-752) (ITC 337 Law Blog)

Motorola Mobility – ALJ Shaw rules on motions in limine in Certain Gaming and Entertainment Consoles (337-TA-752) (ITC 337 Law Blog)

Round Rock – Retailers escalate fight with Round Rock Research on RFID patents (WHDA)

Verizon – Assertion of identical patents among multiple defendants does not justify joinder: Brandywine Communications Technology v Verizon Communications (Docket Report)


US Copyright

Twitter uncloaks a year’s worth of DMCA takedown notices, 4,410 in all (Ars Technica)

Megaupload’s demise: A warning to cloud-computing services (Dunlap Codding IP Blog)

EFF ready to sue if “innocent customers” can’t get Megaupload data back (Ars Technica) (EFF) (Internet Cases) (EFF)

MegaUpload user data soon to be destroyed (TorrentFreak) (Ars Technica)

Megaupload’s hosting company teams up with EFF to identify legal files (Ars Technica)

Shoe on the other foot: RIAA wants to scrap anti-piracy OPEN Act (Ars Technica)


US Copyright – Lawsuits and strategic steps

Hard Drive Productions – Defendants told they must reveal their identities before fighting to protect anonymity: EFF asks judge to prevent ‘catch-22’ in porn-downloading lawsuit (EFF)

Hard Drive Productions – New tactic in mass file-shring lawsuit: just insult the EFF (Ars Technica)

ReDigi – Google’s motion to file amicus brief in Capitol v ReDigi denied (Recording Industry vs The People) (Recording Industry vs The People)

ReDigi – ReDigi files opposition to Capitol Records preliminary injunction motion (Recording Industry vs The People)

Tenenbaum, Joel – DoJ files brief in Sony v Tenenbaum supporting RIAA (Recording Industry vs The People) (TorrentFreak)

Tenenbaum, Joel – RIAA files its brief on statutory damages in Tenenbaum case (Recording Industry vs The People)



US Trademarks & Domain Names

Feds seize 307 sports-related domains in advance of Super Bowl (Ars Technica) (TorrentFreak)


US Trade Marks & Domain Names – Lawsuits and strategic steps

PhoneDog – District Court N D California denies Kravitz’s motion to dismiss PhoneDog’s amended claims in battle over ownership of Twitter account (Technology & Marketing Law Blog)

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