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Online Global Week in Review 4 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: Judge says Google only used uncopyrightable elements of 37 Java APIs in Android: Oracle v Google (FOSS Patents) (Technology & Marketing Law Blog) (Innovationpartners) (Out-Law) (The 1709 Blog) (EFF) (Ars Technica)

Google’s EU antitrust complaint against Microsoft and Nokia (Ars Technica) (IAM) (FOSS Patents) (FOSS Patents) (FOSS Patents)

Tribunale de Grande Instance: Google not responsible for filtering content uploaded to YouTube (Out-Law) (The 1709 Blog) (Ars Technica)

NZ Court rules US Govt must disclose their evidence against Megaupload so employees can defend themselves against extradition request (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 – General

The Pareto Principle and the commercial world of smartphone apps (IP finance)

Apples’ crystal prison and the future of open platforms (EFF)


Global – Copyright

Pirate Bay ready for perpetual IP-address whac-a-mole (TorrentFreak)

Is Apple deleting the history of music? Moral rights on iTunes (The 1709 Blog) (EXCESS COPYRIGHT)

Google transparency and chilling effects (The 1709 Blog)

Should websites charge a fee to process copyright takedowns? (TorrentFreak)

BitTorrent downloading hits iPhone, iPad with Installous 5 (TorrentFreak)

Amanda Palmer (@amandapalmer) raises $1 million to finance album thru Kickstarter & Twitter (Recording Industry vs The People)

Busted: Microsoft harbors BitTorrent pirates (TorrentFreak)


Global – Trade Marks & Domain Names

ICANN to reveal new Internet domain applications in mid-June (IP Watch)

Who controls the Internet? (TechnoLlama)


Global – Patents

Technicolor prepares to use its 40,000 patents to enter the mobile patent wars (Patent Law Practice Center)

Tim Cook makes clear-cut distinction between standard-essential patents and other patents (FOSS Patents)

Apple not ‘the developer for the world’ says hypocritical Cook (Patentology)

Patent deals fail to prevent MSFT’s stake in Facebook from shedding value (IPEG)

Jim Malackowski discusses likely RIM suitors (Ocean Tomo Insights)

Nokia takes aim in latest installment of the patent wars (IP Solutions Blog)



Can Wi-Fi owners be held accountable for users’ infringements? A paper from the Communications Alliance (The 1709 Blog)

More than a “bit” of win for Australian ISP: Roadshow v iiNet (IP Osgoode)



Conclusion of copyright debate leaves many what ifs… (Michael Geist)



Why ACTA lives or dies with the vote in the European Parliament (TorrentFreak)

Reeling ACTA treaty rejected by three European Parliament committees (Ars Technica) (Michael Geist)

European ACTA negotiation documents leaked – concerns with US position on Internet chapter (Michael Geist) (TorrentFreak)

Google’s privateer anti-trust attack on Microsoft and Nokia is smart, even if it does not work (IAM) (Ars Technica)

Nokia calls Google’s EU antitrust complaint “frivolous” and a waste of time and resources (FOSS Patents)

Google’s EU antitrust allegations against Microsoft and Nokia were dismissed by the ITC (FOSS Patents)

Google antitrust complaint against Microsoft and Nokia – Nokia’s promise not to assert patents against Linux is irrelevant in the Mosaid context (FOSS Patents)

EU report reveals P2P traffic interference by ISPs (TorrentFreak)



Rod of justice for French Internet infringers may soften – 3-strikes law may be modified by newly-elected  government (IP Watch)

Tribunale de Grande Instance: Google not responsible for filtering content uploaded to YouTube (Out-Law) (The 1709 Blog) (Ars Technica)



Motorola’s German patent problem may exacerbate with two rulings in late July (FOSS Patents)



Dutch parliament votes against ACTA ratification (Michael Geist)


New Zealand

Court rules US Govt must disclose their evidence against Megaupload so employees can defend themselves against extradition request (TorrentFreak) (Ars Technica)



Russia’s largest social network vKontakte held liable for copyright infringement (IP Watch)



The Pirate Bay celebrates Independence Day, six years after the raid (TorrentFreak)


United Kingdom

EWCA dimisses Apple’s appeal but Article 91(1) to be considered: Samsung v Apple (Class 99)

UK High Court denies a patent injunction against Nokia in light of a FRAND commitment (FOSS Patents)

Publishers Association chief hits out at those who ‘seek to erode copyright’ (Out-Law)


United States

US General

Court of Appeal California: Google wins trade secret lawsuit over ill-fated coffee meeting: Booloon v. Google (Technology & Marketing Law Blog)


US Patents

Digimarc “ Method and apparatus for content management” patent – Survey response: Is the patent valid? (Patently-O)


US Patents – Decisions

Supreme Court calls into question the patentability of royalties mechanism concept: Wildtangent v Ultamercial (Out-Law)

ND Illinois: Apple v Motorola: Judge Posner decides multiple patent summary judgment motions (Chicago IP Litigation Blog)

ITC: ALJ Pender issues public version of initial determination finding a violation of Section 337 by Apple in Certain Wireless Communication Devices (337-TA-745) brought by Motorola (ITC 337 Law Blog)

BPAI reversal of all rejections dooms patent in reexamination: Google v Function Media (Patents Post-Grant)


US Patents – Lawsuits and strategic steps

Apple – ALJ Pender rules on discovery motions in Certain Electronic Digital Media Devices (337-TA-796) (ITC 337 Law Blog)

Apple – Samsung drops patent in ITC case ahead of busy litigation week with Apple (FOSS Patents)

Apple – ITC judge to use “Cheech and Chong” test in Apple v. Samsung case (Ars Technica)

Apple – Miami-based judge gives Motorola short shrift: case schedule favoring Apple remains in place (FOSS Patents)

Apple – ND Illinois: Google’s Motorola wants Apple to pay $347 million for past use of two wireless patents in the U.S. (FOSS Patents)

Apple – Apple’s two most important multitouch software patents face anonymous challenges at the USPTO (FOSS Patents)

Apple – ND Illinois: Judge Posner excludes opinion of plaintiff’s reasonable royalty expert for relying solely on plaintiff’s technical expert to identify noninfringing alternatives: Apple v Motorola (Docket Report)

Apple – ND Illinois: Patent trial is not a “popularity contest”— positive publicity unrelated to elements in suit are excluded from evidence: Apple v Motorola (Docket Report) (FOSS Patents)

CMS Technologies – ALJ Essex denies motion to strike non-party Google Inc.’s public interest submission in Certain Communication Equipment (337-TA-817) (ITC 337 Law Blog)

Facebook – Anonymous attack on Facebook’s user news feed patent among the reexamination requests filed the week of May 21, 2012 (WHDA)

Microsoft – Microsoft settles infringement suit over video game controller: Microsoft v Datel Design (Patent Arcade)

Motorola – ALJ Pender issues recommended determination on remedy and bond in Certain Wireless Communication Devices (337-TA-745) (ITC 337 Law Blog)

Motorola – ALJ Shaw issues recommended determination on remedy and bonding in Certain Gaming And Entertainment Consoles (337-TA-752) (ITC 337 Law Blog)

Research in Motion – Mahmood v. Research in Motion Ltd: Inventorship claim dismissed on basis of laches in untimely lawsuit (Property, intangible)

Rovi Corporation – ALJ Bullock grants motions to terminate investigation as to Haier in Certain Products Containing Interactive Program Guide And Parental Control Technology (337-TA-820) (ITC 337 Law Blog)

Samsung – ALJ Gildea issues claim construction order in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794) (ITC 337 Law Blog)


US Copyright

RIAA wants to issue unlimited takedowns to Google (Ars Technica) (The 1709 Blog) (TorrentFreak)

Getting dizzy over fair use in higher education: Cambridge University Press v Becker et al (IPKat)

The Oracle v Google aftermath – APIs stay free, cost of business soars (Ars Technica)

The answer to API competition concerns is neither uncopyrightability nor fair use – it’s FRAND (FOSS Patents)

Copyright cases like Oracle v Google are more controversial that software patent cases (FOSS Patents)


US Copyright – Decisions

ND California: Judge says Google only used uncopyrightable elements of 37 Java APIs in Android: Oracle v Google (FOSS Patents) (Technology & Marketing Law Blog) (Innovationpartners) (Out-Law) (The 1709 Blog) (EFF) (Ars Technica)


US Copyright – Lawsuits and strategic steps

Aereo – Broadcasters finally tell a judge: Aereo’s business violates copyright: American Broadcasting Cos v Aereo and WNET v Aereo (Ars Technica)

Authors Guild – Google dealt blow in book scanning lawsuit: Judge rules Google Book Search lawsuit can proceed as a giant class action (Ars Technica)

John Wiley & Sons – Verizon succesfully defends privacy of alleged BitTorrent pirates (TorrentFreak)

Megalupload – Innocent Megaupload user asks court to order his data returned (Ars Technica)

Megaupload – Megaupload asks court to dismiss criminal case (TorrentFreak) (Ars Technica)

Megaupload – Megaupload demands return of millions of dollars from U.S. govt. (TorrentFreak)

Patrick Collins – Magistrate judge severs in Patrick Collins v Does 1-11, orders discovery as to John Doe #1 only (Recording Industry vs The People)

Personal Keepsakes – ND Illinois dismisses claims: DMCA false claims must be tied to copyrighted work: Personal Keepsakes v (Chicago IP Litigation Blog)


US Trademarks & Domain Names

Congressional witnesses agree: multistakeholder processes are right for Internet regulation (EFF) (Ars Technica) (IP Watch)


US Trade Marks & Domain Names – Lawsuits and strategic steps

Rosetta Stone – Rosetta Stone v Google: Search engine keyword advertising trademarks dispute continues (IP Osgoode)

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