Online Global Week in Review 9 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:

Copyright troll Righthaven goes on life support (ArsTechnica) (Technology & Marketing Law Blog)

Australian High Court refuses Telstra’s special leave application in Telstra v PDC; Telstra calls on Attorney-General over copyright ( (Plagiarism Today)


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

Google’s purchase of Motorola may signal trend in the Smartphone market (IP Osgoode)


Global – Copyright

Piracy and unauthorised copying: How much does it matter where you live? (IP finance)

Google reports “considerable progress” in fight against piracy (TorrentFreak)

Ex-Microsoft director to become MIPI General Manager (TorrentFreak)

Down Down, Deeper and Down – iLCreations has Beyonce, Beiber, others’ video clips removed from YouTube (1709 Copyright Blog)

Copyright 2.0 show – Eps 208 – Bieber Be-Gone (PlagiarismToday)


Global – Trade Marks & Domain Names

ICANN: a dream at last coming true, or a legal scam? (IPKat) (IPKat)

Best global brands v best Facebook brands (IP Whiteboard)


Global – Patents

Why Google is much better off with the Motorola patents than the Nortel ones (IAM)

Nokia to profit from its new NPE friend as MOSAID tells WiLan: “Show us the money.” – UPDATED (IAM)

Patent wars in picture form (Patent Baristas)

Microsoft meeting with US Ambassador to Brazil regarding politics of Open Document Format (ODF) proposal to ISO (KEI)



Names and transfer policies for .au domain names (

Australian High Court refuses Telstra’s special leave application in Telstra v PDC; Telstra calls on Attorney-General over copyright ( (Plagiarism Today)

WikiLeaks: MPAA behind Aussie ISP lawsuit (but don’t tell anybody) (Ars Technica)



IPRs infringement and compensation damages: are they hand in hand? – Superior Tribunal de Justiça decision in Ativa – Minolta battle (IP tango)



Sunrise for .xxx domains is now open (Canadian Trademark Blog)

Wikileaks cables provide global insights on Intellectual Property issues (Michael Geist) (Michael Geist)



Complaining about Taobao’s IPR complaint system and a MOU (IP Dragon)

“VERTU” mobile phones vs. “VERTU” spectacles – Beijing First Intermediate People’s Court rules against Nokia (China Law Insight)

Angry Birds should start getting upset about IP infringement (China Hearsay) (IP Dragon)


Czech Republic

Czech Pirates and Anti-Piracy Union draw up battle lines (1709 Copyright Blog)



Artificial distinction between software and telecoms for essential IP disclosure (IP finance)

Europe’s odd anti-piracy stance: send money to the US! (TorrentFreak)

European Commission publishes Memorandum of Understanding on the sale of counterfeit goods over the internet (jiplp)



Pirate Bay user heavily fined for sharing single album (TorrentFreak)



German court orders Samsung to remove Galaxy Tab 7.7″ from IFA (trade show) booth and German website (FOSS Patents)

Federal Court of Justice on whether the subject matter is considered a technical invention: Webseitenanzeige (Kluwer Patent Blog)

Fine for grossly negligent (or worse) breach of cease-and-desist order – District Court of Düsseldorf fines Republic Group Handelsvertretung for continued online sales of infringing product (PatLit)



Generic body warmers – claims regarding products rejected but copyright infringement found in connection with website: SPB Equipment et al. vs. Elikal LTD (The IP Factor)

Easy-to-Wed internet portal found to infringe EZprint’s copyright due to continued display of product after agreement between parties ceased (The IP Factor)


New Zealand

New Zealand traffic down as “three strikes” copyright law takes effect (ArsTechnica)



Norwegian university ordered to delete students’ internet activity records (Out-Law) (TorrentFreak)



Russian Minister: YouTube and Google should be shut down for copyright infringement (TorrentFreak)



Pirate Bay movie leaks traced back to Swedish Film Institute (TorrentFreak)


United Kingdom

Ofcom asked not to include general right to appeal under Digital Economy Act code (Out-Law)

Hargreaves, digital copyright exchange & intermediaries – is there a link? (Laurence Kaye on Digital Media Law)


United States

US General

Can I object to the production of my client’s source code on the basis of relevance or confidentiality? (Docket Report)


US Patents

Have Google’s spam filtering tools ever been accused of infringing a patent? (Docket Report)


US Patents – Decisions

ITC: ALJ Charneski issues public version of ID in Certain Personal Data and Mobile Communications Devices (337-TA-710) finding HTC infringed two of the four patents-at-issue (ITC 337 Law Blog)

PTO Board sides with NVIDIA on two Rambus “Barth I” patents (WHDA)


US Patents – Lawsuits and strategic steps

Apple – Apple to ITC re complaint against HTC: Andy Rubin got inspiration for Android framework while working at Apple, hence infringes an Apple API patent (FOSS Patents)

Apple – ITC review of S3 Graphics v. Apple: things may get better or worse for Macs, iOS devices seem safe (FOSS Patents)

Apple – These are the patents Google gave to HTC to assert against Apple (FOSS Patents)

Apple – Update on ITC investigation of Apple’s first complaint against HTC (FOSS Patents)

Google – Google objects to judge’s proposal for jury selection – UPDATE: judge overrules objections – Oracle v Google (FOSS Patents)

Google – Judge inclined to order “the top executive officers” of Oracle and Google to spend one or two complete days in court on forced settlement talks (FOSS Patents)

Google – Oracle President Safra Catz ready to talk settlement with Google in court – Google wants to send Andy Rubin (FOSS Patents)

Google – Shocker for Android OEMs: Google document proposes giving Motorola time-to-market advantage to build Android “lead devices” – Oracle v Google (FOSS Patents)

Google – Google engineer admits to “strong indication that it is likely” that he copied Sun code into Android – Oracle v Google (FOSS Patents)

Google – Sun proposed Red Hat-style Android distribution with open source Java – Oracle v Google (FOSS Patents)

Intellectual Ventures – ITC institutes investigation (337-TA-803) regarding Certain Dynamic Random Access Memory and NAND Flash Memory Devices (ITC 337 Law Blog)

Lodsys – How strong are Google’s requests for reexamination of the Lodsys patents? (WHDA)

Openwave – Openwave files new 337 complaint against Apple and RIM regarding certain devices for mobile data communication (ITC 337 Law Blog) (Ars Technica)

Oracle – Oracle v SAP – Oracle has until end of September to accept Hamilton J ruling to reduce damages (Tangible IP)

Rambus – Hynix’ request to file amicus brief denied in Rambus appeal of re-exam (IPBiz)

Richtek – ITC institutes formal enforcement proceeding in Certain DC-DC Controllers (337-TA-698) (ITC 337 Law Blog)

S3G – ITC decides to review initial determination in Certain Electronic Devices With Image Processing Systems (337-TA-724) (ITC Law Blog)

Trek 2000 International – ALJ Essex sets target date in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives (337-TA-788) (ITC 337 Law Blog)

Vizio – ALJ Bullock grants motion to terminate investigation as to E&S International in Certain Digital Televisions (337-TA-789) (ITC 337 Law Blog)


US Copyright

Copyright troll Righthaven goes on life support (ArsTechnica) (Technology & Marketing Law Blog)

Wikileaks: ICE / IFPI infiltrate pirate topsites (TorrentFreak)

FBI / IFPI teach how to bust private torrent sites (TorrentFreak)

Database of U.S. internet pirates will be decentralized (TorrentFreak)

This cloud has silver lining for both MP3Tunes and EMI – S D New York judgment in Capital Records Inc et al v. MP3tunes LLC (IP Whiteboard)


US Copyright – Lawsuits and strategic steps

Boy Racer – P2P lawyer: IP address not enough, let me search all PCs in the house – Boy Racer v Doe (ArsTechnica)

Cinetel Films – Anti-piracy lawyers retreat, drop another mass bittorrent lawsuit (TorrentFreak)

On the Cheap – Lawyer refuses to tell court how profitable BitTorrent settlements are (TorrentFreak) (TorrentFreak)


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