Online Global Week in Review 30 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:

Righthaven’s losing streak continues in Colorado: Righthaven v. Wolf (EFF) (Technology & Marketing Law Blog) (Out-Law) (Ars Technica)

ECJ’s Interflora ruling: Google the real winner? (World Trademark Review) (Out-Law) (IPKat) (Class 46)


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

A call to update trade policy apps in the Internet era (IP Watch)


Global – Copyright

PK In the Know podcast (inc. Authors’ Guild and orphan works, Hotfile case etc) (Public Knowledge)

Announcing the Humble Frozen Synapse Bundle (EFF)

Lets face the music, and pass? – launch of new Facebook music service (1709 Copyright Blog)

Can there be an e-book library? (IPKat)

CC 4.0, an end to porting Creative Commons licenses? (TechnoLlama)

Copyright 2.0 podcast Episode 211 – Unappealing (inc Tenenbaum case, Righthaven facing asset seizure etc) (Plagiarism Today)


Global – Trade Marks & Domain Names

Internet governance forum faces challenges as UN hears proposals for new bodies (IP Watch)


Global – Patents

Samsung lawsuits against Apple over 3G patents could backfire (Ars Technica)

Apple-Samsung court hearings in South Korea, Australia and the Netherlands (FOSS Patents)

Samsung takes Android patent license from Microsoft rather than wait for Motorola (FOSS Patents)

Yahoo’s patent bag (IP finance)

Buyers should be wary of high Kodak patent valuations, report warns (IAM)

Licensing works, says Microsoft after Samsung deal. Google and Apple should pay heed (IAM)



Apple and Samsung talk possible ‘deal’ as hearing again adjourned (Patentology) (Patentology) (Patentology) (IP Whiteboard)



Radio-streaming app developer threatened with a take-down notice by CBC (

Behind the Scenes of Bill C-32: Govt’s clause-by-clause analysis raises constitutional questions (Michael Geist)

Copyright is back: Why Canada is keeping the flawed digital lock rules (Michael Geist)

Behind the scenes of Bill C-32: Music copyright collectives say digital locks won’t increase revenue (Michael Geist)

Supreme Court of Canada to hear another copyright case – Cogeco Cable Inc., et al. v. Bell Canada, et al concerning scope of Copyright Board powers (Excess Copyright)

NHL’s Montreal Canadiens accused of pirating The Hurt Locker (TorrentFreak)



ECJ’s Interflora ruling: Google the real winner?: Case C-323/09 Interflora v Marks & Spencer (World Trademark Review) (Out-Law) (IPKat) (Class 46)

Copyright protection should apply to functions of computer programs, software company claims in ECJ case: SAS v World Programming (Out-Law)

How do you solve a problem like Orphan Works? (1709 Copyright Blog)

New website allows reporting on violations of net neutrality (IP Watch)

Latest JIPLP: L’Oreal, eBay and tyranny of the unknown (JIPLP)



Creative Commons licensing success stories: Pratham Books (Spicy IP)

Delhi HC issues yet another John Doe order to protect Speedy Singhs (Spicy IP)



Payment provider hands over name of torrent site owner (TorrentFreak)



Music piracy continues to decline thanks to Spotify (TorrentFreak)

Movie institute feels pain of IP address-only piracy ‘evidence’ (TorrentFreak)


United Kingdom

UK movie cammer ‘SilentNinja’ pleads guilty (TorrentFreak)

They’re back – Porn outfit sues UK citizens for illegal file-sharing (TorrentFreak)

TalkTalk’s P2P throttling kills OnLive games (TorrentFreak)


United States

US Patent Reform

What does Patent Reform mean for Silicon Valley Entrepreneurs? (Silicon Valley IP Licensing Law Blog)


US Patents

No patent for claimed method of patenting (Patently-O)


US Patents – Decisions

CAFC: Disqualifying plaintiff’s litigation counsel based upon former joint defense agreement: In re Shared Memory Graphics LLC (Patently-O) (IPBiz)

CAFC: No evidence for priority claim: Cordance v Amazon (IPBiz)

CAFC dismisses for lack of jurisdiction: Spread Spectrum v Eastman Kodak (IPBiz)

District Court E D Texas: Email processing patent claims patentable subject matter under Bilski: InNova v. 3Com Corporation (Docket Report)

District Court E D Texas: Post-judgment rulings in Commil v Cisco (

ITC declines review of ID granting summary determination in automated library devices investigation (ITC 337 Update)

ITC issues notice of determination not to review ID terminating investigation in Certain Motion-Sensitive Court Effect Devices and Image Display Devices (ITC 337 Update)


US Patents – Lawsuits and strategic steps

Apple – Allegation that defendants infringe the same patents in “exactly the same fashion” does not justify joinder: Optimum Power Solutions v. Apple (Docket Report)

Apple – Apple complains about timing of Verizon’s proposed amicus brief in Samsung case (FOSS Patents)

Apple – Apple files appeal in digital imaging devices investigation against Eastman Kodak (ITC 337 Update)

Apple – HTC subsidiary-to-be S3 Graphics sues Apple over two patents in new ITC complaint and federal lawsuit (FOSS Patents) (ITC 337 Update) (ITC 337 Law Blog)

Apple – Largest U.S. wireless carrier Verizon sides with Samsung against Apple, asks court to deny preliminary injunction (FOSS Patents)

Apple – T-Mobile also files brief in support of Samsung against Apple (FOSS Patents)

FlashPoint Technology – ITC decides to review in part initial determination in Certain Electronic Imaging Devices (337-TA-726) (ITC 337 Law Blog)

Google – Google and Motorola Mobility may amend merger agreement to keep Apple lawsuits going (FOSS Patents)

Google – Judge asks Oracle and Google for input with a view to stay-or-go decision (FOSS Patents)

Google – Oracle contradicts Google on damages, vows to fight hard for injunction against Android (FOSS Patents)

Google – Third Oracle-Google settlement talk scheduled for Saturday, October 1 (FOSS Patents)

MobileMedia – Reexamination requests against MobileMedia and Round Rock among those filed week of September 19, 2011 (WHDA)

Ogma – ALJ Gildea grants joint motions to terminate investigation as to certain respondents in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773) (ITC 337 Law Blog)

Technology Properties – ITC institutes investigation (337-TA-807) regarding Certain Digital Photo Frames And Image Display Devices (ITC 337 Law Blog)

Thomson Licensing – ALJ Rogers rules on motion to reopen the record in Certain Liquid Crystal Display Devices (337-TA-741/749) (ITC 337 Law Blog)

Verizon – Verizon files appeal in digital set top boxes investigation (ITC 337 Update)

VIA Technologies – VIA files new 337 complaint regarding Certain Computing Devices With Associated Instruction Sets And Software (ITC 337 Law Blog)


US Copyright

Princeton passes resolution requiring open access (Michael Geist)

PGP and DMCA notices (Plagiarism Today)


US Copyright – Decisions

9th Circuit Court of Appeals: Apple can continue to restrict OS X to Mac hardware: Apple v Psystar (Ars Technica)

Righthaven’s losing streak continues in Colorado: Righthaven v. Wolf (EFF) (Technology & Marketing Law Blog) (Out-Law) (Ars Technica)


US Copyright – Lawsuits and strategic steps

Digital Rights Corp – $10 music piracy fine: A fair deal or just another cheap trick? (TorrentFreak)

MCGIP – Who are MCGIP (and why are they suing for other people’s movies?) (TorrentFreak)

NinjaVideo – NinjaVideo founder pleads guilty to criminal copyright infringement (Ars Technica) (TorrentFreak)

Nu Image – 98% of BitTorrent users in copyright shakedown filed in wrong jurisdiction – USCG files new Expendables copyright case in Maryland (TorrentFreak)


US Trade Marks & Domain Names – Decisions

District Court New Jersey: Copyright preempts State tort claims over loss of control over website: 78th Infantry Div. v. Oprendek (Technology & Marketing Law Blog)

TTAB: Use of term with a highly successful product does not mean the term has acquired distinctiveness: In re Apple (IPBiz)


US Trade Marks & Domain Names – Lawsuits and strategic steps

Puerto 80 – EFF urges Appeals Court to scrutinize seizure campaign (EFF)

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