Choosing a side?
Reuters this week
revealed that the Obama administration is in an internal
dispute about what its position should be in the Google v
The government must decide whether to take a side in the
Supreme Court case by the end of May. The dispute is over how
much copyright protection should be given to Java programming
language. Oracle won a Federal Circuit ruling last year
allowing it to copyright parts of Java. Google argued that it
should be free to use Java without paying a licensing fee.
Reuters noted: "It is unclear what position the
administration will ultimately take. Deliberations within the
Obama administration have mirrored the larger debate in the
technology world about how broadly copyright should apply to
software, the sources said."
The New York Times this week
reported on a dispute over the Twitter hashtag
The Little Italy Street
Art Project used the hashtag to promote its murals on
Instagram. A lawyer for bottled water company Wat-aah sent a
cease and desist letter to the Little Italy group, claiming the
water company had a trade mark on the phrase for its own street
art campaign promoting "healthier lifestyle choices" for
children. The letter said use by another mural group could
The New York Times quoted Richard Lehv, a trade mark lawyer
at Fross Zelnick, as saying he had never heard of a hashtag
being trademarked. "Yes, you can protect a phrase like 'taking
back the streets,’ but you don’t get
a monopoly for any and all purposes," he said.
Car service Uber has received a notice of allowance on a
pending application, as well as a design patent.
According to Envision IP, the notice of application covers
a "system and method for providing dynamic supply positioning
for on-demand services", and is directed towards determining an
under-supplied service region based on the number of drivers
and requesting passengers in an area and then notifying drivers
in these areas.
Uber has six patent applications in a request for continued
examination status after receiving a final rejection, three
that have received a final rejection, and four that have
received a non-final rejection. It also has four pending
applications that have not yet been reviewed by the USPTO. "In
addition, we believe that Uber likely has a number of pending
applications that have not been published yet," said Envision
According to Envision IP, Sidecar was previously the only
company in this industry with an issued patent.
Uber was also in the news this week for reportedly being
interested in paying $3 billion for Nokia’s
according to The Verge. It is also being accused of
stealing trade secrets by Kevin Halpern, who claims he invented
the technology behind the app,
according to CNET.
Bring it to me
Amazon hit the headlines this week for a patent application
revealing new details on how delivery by drone would work,
according to CNN.
describes a customer option titled "Bring It To Me", under
which the drone can deliver an item to the location the
customer is in using GPS data.
ordered item is retrieved from inventory, the current location
of the user's mobile device may be determined and the delivery
location correspondingly updated. As such, the ordered item
will be delivered to the user while the user is at their
friend's house, or any other location," says the
to stay success rises in 2015
US district courts have now decided 140 motions to stay
pending IPR in 2015 with a success rate of 62%,
according to Docket Navigator. This amounts to 87 granted
motions to stay.
This compares with a success rate of 56% in 2014 and 60% in
Also on the blog this week:
Photos from our
Women in IP Network drinks reception
Guest blog: How
high will UPC fees be?
Avoiding pitfalls in PTAB post-grant trials during the Second
INTA’s biggest ever meeting
Stop talking, start planning
In our news and analysis this week:
unconcerned with criticisms
Choi of the Korean IP Office
UK Supreme Court
upholds law on passing off
– Car makers accelerate filing against Signal IP in
Spain’s Unitary Patent
practitioners react to Unitary Patent
April busy for IPR
filing, including 10 petitions from Kyle
about move to clarify AIA grace period
Zhou of DJI, the world's largest drone