Welcome to this edition of IP Five in 5 – where we’ll cover the top five IP news stories in 5 minutes or less. Highlights from this week’s edition include Roche’s victory over Takeda, USPTO’s 1 millionth design patent and more.
Patent Spotlight
Roche Triumphs Again in Hemophilia Drug Patent Battle with Takeda
On September 20, 2023, the U.S. Court of Appeals for the Federal Circuit (C.A.F.C.) reaffirmed a previous ruling that invalidated a patent held by Takeda’s Baxalta unit. The decision, based on a U.S. district court’s judgment, required patents to be clear, concise, and exact, allowing skilled individuals to use the product without undue experimentation.
Source: BioSpace
USPTO Grants Historic 1 Millionth Design Patent
On September 26, 2023, the USPTO granted a design patent to Agustina Huckaby for an ornamental dispensing comb, marking the 1 millionth patent awarded. This milestone comes 181 years after the first-ever US design patent was awarded to George Bruce, a printer, in 1842, for a unique typeface or font design.
Source: USPTO
Wi-LAN and Broadcom Agree to a Licensing and Settlement Deal
On September 27, 2023, Wi-LAN and its units signed a license and settlement agreement with semiconductor giant Broadcom. Broadcom has obtained a license to Wi-LAN’s patents settling all pending patent litigation between the two companies in the U.S. and Germany.
Source: Yahoo Finance
Trademark Spotlight
BlackRock Sues Typosquatters for Trademark Infringement
On October 10, 2023, BlackRock Inc. filed a federal lawsuit against 43 domain names, alleging “typosquatting,” a practice involving the registration of domains that mimic legitimate sites. The complaint, submitted to the US District Court for the Eastern District of Virginia, claims that typosquatting is often employed for displaying ads, distributing malware, collecting personal data, or sending deceptive business emails.
Source: Bloomberg Law
Copyright Spotlight
Shutterstock Evades Copyright Infringement Suit by Photographer
On October 2, 2023, Shutterstock Inc. won a summary judgment against a photographer’s copyright infringement claims that hundreds of his images were uploaded by third parties. The US District Court for the Southern District of New York ruled that Shutterstock falls within the “service provider” definition of the Digital Millennium Copyright Act.
Source: Bloomberg Law
