Online Global Week in Review 30 March 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:

EWHC (Ch) orders O2 to disclose details of porn downloaders: Golden Eye v Telefonica (The 1709 Blog) (Ars Technica) (TorrentFreak) (Out-Law)


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

Why Apple will hit $1650 per share by 2015 – great article on (Tangible IP)


Global – Copyright

Microsoft censors Pirate Bay links in Windows Live Messenger (TorrentFreak)


Global – Trade Marks & Domain Names

Is the UN trying to take over the Internet? (TechnoLlama)


Global – Patents

Latest Nokia statement indicates potential for multi-year court battle over nano-SIM patents (FOSS Patents)

Apple offers royalty-free license to nano-SIM patents, a proposed standard backed by most European carriers (FOSS Patents)

Apple’s U.S. patent application 61481114 might be essential to nano-SIM (FOSS Patents)

Investors get their wish as AOL hires investment bank to explore patrent sale options (IAM) (Tangible IP)

Facebook goes for some retail therapy – buys portfolio of 500+ patent families from IBM (Tangible IP)



ACCC v Apple demonstrates the importance of local adaptation of global marketing slogans (IP Whiteboard)



Re-launch of Creative Commons Canada (Creative Commons)



Other perspectives on Apple/Proview (China IPR)



The Hague Court of Appeal asks CJEU, “Can GasPedaal peddle Autotrack data?”:  Innoweb BV v Wegener ICT Media BV (IPKat)



German voters once again embrace the IP-sceptic Pirate Party (IAM)

RapidShare declared legal in higher regional court, but must monitor external websites for incoming links to infringing files (TorrentFreak)



Bharat Matrimony sues Google for anti-competitive behaviour in advertising relating to AdWords (Spicy IP)

Madras High Court passes first ever ‘John Doe’ order: R. K. Production v B.S.N.L. & Ors (Spicy IP)

Is the TKDL a ‘confidential database’ and is it compliant with Indian copyright law? (Spicy IP)



Lonely ISP, Eircom, wants other providers to disconnect pirates (TorrentFreak)



Online copyright regulation to be adopted in Italy (definitely maybe) (The 1709 Blog)



Dutch court orders proxy site operator to shut down site that circumvents The Pirate Bay blocks (Out-Law)



Spain’s anti-piracy law “may already be obsolete” (The 1709 Blog)

Spanish RIAA sues blogging professor for defamation (TorrentFreak)



Pirate Bay damages rise 60%, police ready for hunt for missing founder (TorrentFreak)


United Kingdom

Government consults on revised archive plans for ‘non-print’ content (Out-Law)

Evidence based law reform and lobbying – Oxford Economics Copyright Consultation Report (The 1709 Blog)

Existing copyright licensing processes not accounting properly for ‘mixed media’ and digital content, report says

UK IPO releases Phase 1 diagnostic report on the Digital Copyright Exchange feasibility study. (Laurence Kaye on Digital Media Law) (Out-Law)

EWHC (Ch) orders O2 to disclose details of porn downloaders: Golden Eye v Telefonica (The 1709 Blog) (Ars Technica) (TorrentFreak)

O2 disclosure ruling could impact on workings of imminent new anti-piracy code, campaigners say (Out-Law)

EWCH (Ch): Consent orders and competition – getting the balance right: Adobe v Netcom (IPKat)


United States

US Patents – Decisions

Patentability of business method subject matter divides Federal Circuit: MySpace v GraphOn (Patent Law Practice Center)

N D California: Method for implementing an instruction in Java not invalid under Bilski for claiming unpatentable subject matter: Nazomi Communications v Samsung Telecommunications (Docket Report)

E D Texas: Knowledge of issued patent not required to plead wilful infringement: TracBeam v AT&T (Docket Report)


US Patents – Lawsuits and strategic steps

Apple – ALJ Gildea denies Apple’s motion to amend the complaint to assert additional dependent claims against HTC in Certain Portable Electronic Devices (337-TA-797) (ITC 337 Law Blog)

Apple – Samsung won’t get to attack the iPhone 4S at trial in California this summer (FOSS Patents)

Inselberg Interactive – Tweet seats suit claims the process has been patented (Ars Technica)

Intellectual Ventures – ALJ Gildea denies motion to terminate investigation as to Nanya respondents in Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803) (ITC 337 Law Blog)

Microchip files new 337 complaint regarding Certain Semiconductor Integrated Circuit Devices (ITC 337 Law Blog)

Microsoft – Microsoft urges U.S. court to bar Motorola from enforcement of potential German injunction, offers $300 million bond (FOSS Patents)

MOSAID – ALJ Gildea grants joint motion to terminate investigation in Certain Equipment For Communications Networks (337-TA-778) (ITC 337 Law Blog)

MOSAID – ALJ Gildea rules on pretrial motions in Certain Equipment For Communications Networks (337-TA-778) (ITC 337 Law Blog)

ObjectVideo – Challenge to ObjectVideo patent in ITC case, among the reexamination requests filed week of March 19, 2012 (WHDA)

Oracle – Oracle and Google ordered to hold settlement conference (no later than April 9, 2012) (FOSS Patents) (Ars Technica)

Technology Properties – Technology Properties Limited files new 337 complaint regarding Certain Computers and Computer Peripheral Devices (ITC 337 Law Blog)

TiVo – TiVo accuses Motorola, Time Warner of violating ‘time warp’ patents (Ars Technica)


US Copyright

Planned bittorrent pirate punishments spark protest (TorrentFreak)

How SOPA could actually benefit file-sharers (TorrentFreak)

RIAA celebrates a (small) sales increase (Ars Technica)

Kim Dotcom: The US government is wrong, here’s why (TorrentFreak)

Kim Dotcom: US military had 15,634 Megaupload accounts (TorrentFreak)

Hotfile researcher discredits MPAA-funded piracy study (TorrentFreak)

John Hodgman and Rob Reid talk Year Zero, aliens, and the RIAA (Ars Technica)


US Copyright – Decisions

Two Florida judges reject copyright troll fishing expeditions: Boy Racer v John Does 1-625; Openmind Solutions v John Does 1-313 (Ars Technica)


US Copyright – Lawsuits and strategic steps

Apple – Samsung’s designarounds present Apple’s source code analysis with moving targets (FOSS Patents)

Elsevier – Fake Elsevier’s complaints about academic publishing leads to fake takedown notice (Ars Technica)

Hotfile – Google strikes back after MPAA objects to Hotfile intervention (TorrentFreak)

Megaupload – Dotcom says Hollywood studios once courted Megaupload (Ars Technica) (TorrentFreak)

Megaupload – Megaupload will drop lawsuit against UMG over “Mega Song” (Ars Technica) (TorrentFreak)

Toto – Is it a lease? Is it a licence? In the world of digital royalties, Sony wants to know – Sony BMG asks court to dismiss case brought by Toto (The 1709 Blog)

Valcom – Valcom (voice paging systems recorder) sues for copyright damages over alleged illegal distribution of its audio and video titles (Ars Technica)


US Trademarks & Domain Names

Facebook asserts trademark on word “book” in new user agreement (Ars Technica)


US Trade Marks & Domain Names – Lawsuits and strategic steps

Facebook – Facebook sufficiently pleads Lanham Act claims against Teachbook – motion to dismiss case denied (Chicago IP Litigation Blog)

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