Online Global Week in Review 4 Nov 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:

We the People: Petitioning President Obama to end software patents (Patently-O) (Ars Technica)

STOP Online Piracy Act starts war of words (1709 Copyright Blog) (IP Watch) (Ars Technica) (Public Knowledge) (EFF) (EFF) (Public Knowledge) (Public Knowledge)

US Marshals turned loose to collect $63,720.80 from Righthaven (Ars Technica) (Ars Technica)

Tenenbaum demands rehearing of $675,000 RIAA file-sharing case (TorrentFreak) (Recording Industry vs The People)


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

Cloud computing and IP management (Afro-IP)

Open source is winning where it counts, so where to next? (TechnoLlama)

Google top question: to remove or not to remove? (IP tango)


Global – Copyright

There’s still some life in the DVD market: Should there be? (IP finance)


Global – Trade Marks & Domain Names

Amid global effort to fill Internet policy gaps, India proposes new UN body (IP Watch)


Global – Patents

Patent trolls cost society $500 billion dollars, but what does it mean to you? (Patent Law Practice Center)

Android patent litigation schedule for the remainder of the year (FOSS Patents)

Global patent war between Samsung & Apple continues On FRAND-ly terms (IP Osgoode)

Global patent wars: Part II – attack of the clones – Apple vs Samsung (IP Whiteboard)

The Smartphone patent war, pt. 2: A kinder, gentler alternative (Maier & Maier)

The Smartphone patent war, pt. 3: An uneasy détente (Maier & Maier)

Apple vs. Samsung: Tech giants continue to trade jabs in patent war (IP Osgoode)

A matter of timing? On innovation, patent trolls and litigation (IP Osgoode)

Patent wars: New ammunition (PatLit)

Patents may not save RIM from a downward slide to acquisition or even bankruptcy (IAM)

MOSAID is bought by leading US private equity firm (IAM)



Date, panel set for Samsung appeal against Galaxy injunction (Patentology)

FRAND obligations to be aired in Australian court (Patentology)

APO: Another computer-implemented invention struck down: Jumbo Interactive & NSW Lotteries Corp v Elot (Patentology)

ISP boss brands copyright trolls “scum”, vows to stop them (TorrentFreak)



Why isn’t YouTube Canadian?: My appearance before the Industry Committee (Michael Geist)

The daily digital lock dissenter, day 22: Association of Newfoundland and Labrador Archives (Michael Geist)

The daily digital lock dissenter, day 21: Privacy Commissioner of Canada (Michael Geist)

The daily digital lock dissenter, day 20: Appropriation Art (Michael Geist)

The daily digital lock dissenter, day 19: Canadian Federation for the Humanities and Social Sciences (Michael Geist)

The daily digital lock dissenter, day 18: Canadian Bar Association (Michael Geist)

Will the government take action against the memory card tax? (Michael Geist)

ACTRA Rep says mashups “morally wrong” (Michael Geist)



European Commission investigates Samsung over possible abuse of FRAND patents against Apple (FOSS Patents)

Busted pirate movie site,, primed for grand 1.5 million euro rebirth (TorrentFreak)

General Court upholds likelihood of confusion between figurative trade mark SEE MORE and earlier Danish and Finish word marks C-MORE for ‘ the computer accessories, in particular for monitors’ (Class 46)



Apple files opposition to café owner’s Apfelkind figurative mark application (Class 46)



Where patent injunctions meet FRAND: Samsung v Apple in the Netherlands (PatLit)


New Zealand

Strike one! New Zealand hit with first online infringement warnings (Ars Technica)



Apple loses iPad design lawsuit against small Spanish tablet computer maker NT-K (FOSS Patents) (FOSS Patents)

Piracy may boost sales, judge concludes (TorrentFreak)



Guilty verdict in record-breaking Swedish file-sharing case (TorrentFreak)


United Kingdom

Premium rate service regulator to help combat pirated music sales (Out-Law)

Lady GaGa v Lady Goo Goo – Court orders injunction against character (IP Whiteboard)

After Newzbin2 win, MPA takes down another Usenet service, NZBsRus (TorrentFreak)

HTC attempts to speed through patent war with Apple (IP Osgoode)

The dirty details of disclosure: Navigating the fine line between prior art and public good in British patent law: LG Electronics v Sony Europe (IP Osgoode)

Halliburton decision widens patentability of computer related inventions in the UK (IP Osgoode)

EWHC (Pat): Computer program exception: Protecting Kids the World Over (EPLAW)

EWHC (Pat): Parallel German proceedings not a sufficient condition for a UK stay: ZTE (UK) v Telefonaktiebolaget LM Ericsson (PatLit) (Kluwer Patent Blog)

EWHC (Pat): Burden of proof of establishing patent specification was framed “in good faith and with reasonable skill and knowledge” (“GFRSK”): Nokia v (EPLAW)

EWCA (Civ): Appeal over legality of Digital Economy Act could be successful, judge says: BT v Secretary of State for Business, Innovation and Skills (Out-Law)


United States

US Patents

We the People: Petitioning President Obama to end software patents (Patently-O) (Ars Technica)

Notes from High Tech Law Institute conference on defending against patent risk (Technology & Marketing Law Blog)


US Patents – Decisions

Pier 1 Imports prevails in Marshall patent case: Alexsam v. Pier 1 Imports (

District Court E D Texas: Stare decisis effect of Federal Circuit claim constructions in later cases: Eolas v Adobe (

ITC decides to modify final initial determination in Certain Biometric Scanning Devices (337-TA-720) (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Apple – HTC claims intervening rights against Apple in ITC case (WHDA)

Ceronix – Doctrine of equivalents improper where it vitiates claim element: Wells-Gardner v Ceronix (Chicago Intellectual Property Law Blog)

ChriMar – ChriMar files new 337 complaint regarding certain communication equipment (ITC 337 Law Blog)

Facebook – Facebook motion to stay Indacon case denied (WHDA)

Furuno Electric – ITC institutes investigation (337-ta-810) regarding Certain Navigation Products (ITC 337 Law Blog)

Hulu – Bad cases that make bad law: EFF urges Federal Circuit to reverse the trend: Ultramercial v Hulu (EFF) (Patently-O)

Klausner Technologies – Multiple defendants in patent infringement filing under new US law (IP Watch)

Oracle – Motion to transfer Sherman case to Austin denied: Round Rock Research v. Oracle (

Rosenthal – Trading Technologies: Court quashes subpoena: Rosenthal Collins Group, LLC v. Trading Techs. Int’l., Inc (Chicago Intellectual Property Law Blog)

VirnetX – Apple reexamination requests of Two VirnetX patents, among those requested week of October 17, 2011 (WHDA)

Yahoo! – Augme attack on Yahoo! streaming media patents among the reexamination requests filed week of October 24, 2011 (WHDA)


US Copyright

SOPA starts war of words (1709 Copyright Blog)

Tech industry sees harm to Internet in US ‘rogue website’ bill, SOPA (IP Watch)

SOPA – Will copyright hamper IP closed captioning? (Ars Technica) (Public Knowledge)

Proposed copyright bill (SOPA) threatens whistleblowing and human rights (EFF)

SOPA: Hollywood finally gets a chance to break the Internet (EFF)

SOPA and Section 1201: A frightening combination (Public Knowledge)

SOPA and the DMCA safe harbors (Public Knowledge)

Copyright Legislation: Petition to stop E-Parasite Act tops 8k in signatures (Copyright Litigation Blog)

US Copyright Office issues analysis of mass digitisation of books (IP Watch)

Competing industry reports show economic contributions of copyright, fair use (IP Watch)

Piracy problems? US copyright industries show terrific health (Ars Technica)

Justin Bieber: streaming bill author should be “locked up” (Ars Technica)

FreeBieber campaign is not afraid of Justin Bieber or his lawyers (Ars Technica)

MPAA lists “notorious” pirate sites to U.S. government (TorrentFreak)

MPAA lashes out against rogue cyberlockers (TorrentFreak)

The death of anti-piracy companies and copyright trolls (TorrentFreak)


US Copyright – Lawsuits and strategic steps

John Wiley & Sons – Major book publisher files mass-bittorent lawsuit (TorrentFreak)

Righthaven – US Marshals turned loose to collect $63,720.80 from Righthaven (Ars Technica) (Ars Technica)

Tenenbaum, Joel – Tenenbaum demands rehearing of $675,000 RIAA file-sharing case (TorrentFreak) (Recording Industry vs The People)


US Trademarks & Domain Names

9th Circuit: GoPets v. Hise, Does transferring a domain name create a new “registration” under the ACPA? (Las Vegas Trademark Attorney)

District Court W D Washington holds trademark infringement defendant in contempt: T-Mobile v Terry (Seattle Trademark Lawyer)


US Trade Marks & Domain Names – Lawsuits and strategic steps – District Court Arizona denies motion to dismiss on reverse domain name hijacking claim: v. AirFX LLC (Technology & Marketing Law Blog)

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