Online Global Week in Review 7 Oct 2011 from IP Think Tank

Here is Think IP Strategy’sweekly selection of top Online intellectual property news breaking in the blogosphere and internet.


Highlights this week included:

Google scores an own goal: Google-funded Intellectual Ventures sues Motorola Mobility (FOSS Patents) (IAM)

Supreme Court confirms that a download is not a performance: ASCAP v United States (1709 Copyright Blog) (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

Steve Jobs – a visionary chief IP officer (IAM) (EFF) (Securing Innovation) (IP Dragon)


Global – Copyright

Copyright 2.0 Show Eps 212 – ACTAs back (PlagiarismToday)

PK in the know podcast (Public Knowledge)

Digital monopolies a bigger threat than piracy, says Miramax CEO (TorrentFreak)

Safeconnect, universities, P2P, network security and risk: The tangled world of “policy enforcement” on other people’s computers (EFF)

Private anti-piracy investigator spills the beans (TorrentFreak)


Global – Trade Marks & Domain Names

Proposal for new UN Internet governance body meets resistance (IP Watch)

Clear the way for SMEs: Lessons from Nairobi (IP Watch)


Global – Patents

HTC among those to have signed up for the right to buy IV patents for counter-assertions (IAM)

Perhaps we have a patent bubble and a tipping point all at the same time – UPDATE (IAM)

Fraudulent conveyance issue clouds Kodak patent sale (IPBiz)

Patents as a product: Google’s ready to buy (IP Solutions Blog)

Update on Apple’s patent lawsuits with Samsung, Motorola Mobility and S3 Graphics (FOSS Patents)

Korea Times got Samsung’s unofficial position on the Microsoft agreement right (FOSS Patents)

Samsung’s attempt to ban the iPhone 4S over FRAND patents is deeply troubling (FOSS Patents)



Back in court, Apple blames Samsung for failure to reach a deal (Patentology) (Ars Technica) (Patentology)

iiNet update: High Court sets hearing date for December 2011 (IP Whiteboard)

Mass BitTorrent lawsuits set to plague Australia (TorrentFreak)



Belgian ISPs ordered to block The Pirate Bay; Pirate Bay adds domain to bypass order (TorrentFreak) (TorrentFreak)



Caving to Washington? “Canada DMCA” expected to pass (Ars Technica)

Liberals on the Copyright Bill: Digital lock rules driven by US (Michael Geist)

The daily digital lock dissenter, day 1: The Provincial Resource Centre for the Visually Impaired (Michael Geist)

The daily digital lock dissenter, day 2: Canadian Consumer Initiative (Michael Geist)

The daily digital lock dissenter, day 3: Retail Council of Canada (Michael Geist)

The daily digital lock dissenter, day 4: Canadian Council of Archives (Michael Geist)

Canada’s bill and the hacking of digital locks (1709 Copyright Blog)

Canadian Heritage Minister James Moore’s missing copyright tweets (Michael Geist)

Commenting on James Moore’s Copyright Comments (Michael Geist)

Bill C-11: Locks, limits, levies, litigation & now RIP ‘rip, mix & burn’ (Excess Copyright)

Canada moves to modernise its copyright law (1709 Copyright Blog)



Innovative enforcement of trademark and copyright infringement by LVMH – US suit against Akanoc (IP Dragon)



CC News: Metadata for millions of cultural works will be published under CC0 (Creative Commons)

Europe’s national librarians support opening up their data via CC0 (Creative Commons)



60 French ISP account holders on their third strike for internet piracy (TorrentFreak)



German court enforces creative commons licence (TechnoLlama)

Music royalty collectors accused of copyfraud (TorrentFreak)

Politician violates his own two-strikes anti-piracy plan (TorrentFreak) (1709 Copyright Blog)



Copyright in photographic images reproduced on websites – fair use: Roman Kriman vs. Newsru LTD (The IP Factor)



Major Usenet provider ordered to remove all infringing content (TorrentFreak)


United Kingdom

Expedited trials in English patent actions – HTC v Apple (judgment of Arnold J on 19th September 2011) (Kluwer Patent Blog)

Newzbin2 team up with The Pirate Bay to defeat site blocking (TorrentFreak)

EWHC (Pat): Halliburton gets simulation patent after all: Halliburton Energy Services v Comptroller-General of Patents (IPKat) (EPLAW)


United States

US Patents – Lawsuits and strategic steps

Apple – Both Apple motions to stay Motorola Mobility lawsuits have been denied (FOSS Patents)

Datatern – Complaint accusing “object oriented software applications and systems that access a relational database” was sufficiently specific to state a claim: Datatern v. Eli Lilly and Co (Docket Report)

Faruno – Furuno files new 337 complaint regarding Certain Navigation Products (ITC 337 Law Blog) (ITC 337 Update)

FlashPoint Technology – ITC issues public version of ALJ Luckern Final Initial and Recommended Determinations in Certain Electronic Imaging Devices (337-TA-726) (ITC 337 Law Blog)

HTC – ITC institutes investigation (337-TA-808) against Apple regarding Certain Electronic Devices With Communication Capabilities (ITC 337 Law Blog)

Intellectual Ventures – Google scores an own goal: Google-funded Intellectual Ventures sues Motorola Mobility (FOSS Patents) (IAM)

Oracle – Oracle patent to emerge from reexamination (WHDA)

Oracle – Oracle wants jury in Google lawsuit to look at 26 patent claims: 15 distinct ones plus 11 ‘mirrors’ (FOSS Patents)

Oracle – Oracle-Google trial “will likely be postponed” from Halloween, says judge (FOSS Patents)

Ronald A Katz Technology Licensing – Means plus function claim reciting “Receiving . . . caller cues” not indefinite for failure to disclose corresponding algorithm: Ronald A Katz Technology Licensing v Comcast Corporation (Docket Report)

Rovi – ALJ Gildea grants motion to terminate investigation in Certain Products Containing Interactive Program Guide And Parental Controls Technology (337-TA-801) (ITC 337 Law Blog) (ITC 337 Update)

Samsung – Court accepts Verizon’s and T-Mobile’s briefs in support of Samsung against Apple (FOSS Patents)

Sony – Sony attack on Walker Digital patent (WHDA)

VIA Technologies – New request for investigation filed against Apple (ITC 337 Update)


US Copyright

RapidShare fights for ‘the cloud’ in Washington (TorrentFreak)


US Copyright – Decisions

9th Circuit: Apple did not engage in copyright misuse by restricting OS X to Apple hardware: Apple v Psystar (Internet Cases)

9th Circuit: Re-registration of domain name is not a “registration” under the ACPA:  GoPets Ltd. v. Hise (Technology & Marketing Law Blog)

Supreme Court confirms that a download is not a performance: ASCAP v United States (1709 Copyright Blog) (Ars Technica)

District Court S D New York: Court nukes another mass defendant file-sharing lawsuit: Digiprotect v Does (Technology & Marketing Law Blog)

District Court E D Virginia calls out copyright trolls’ coercive business model, threaten sanctions K-Beech v Does 1–85 (EFF) (Ars Technica)

District Court Columbia: Record breaking bitorrent lawsuit decimated: Voltage v Does 1-24,583 (TorrentFreak)

Phara, Queen of NinjaVideo, pleads guilty to conspiracy and copyright infringement (TorrentFreak) (Ars Technica)

Judge suggests DMCA allows DVD ripping if you own the DVD: Association for Information Media Equipment et al v Regents of the University of California (Ars Technica)



US Trade Marks & Domain Names – Decisions

Finding Apple’s 2(f) evidence insufficient, TTAB affirms mere descriptiveness refusal of MULTI-TOUCH for handheld devices: In re Apple (TTABlog)


US Trade Marks & Domain Names – Lawsuits and strategic steps

Facebook – Facebook’s trademark suit against Teachbook survives motion to dismiss (Technology & Marketing Law Blog)



Interbrand takes on 3 Vietnamese companies for trademark infringement (IP Komodo)



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