EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.10.17

US Congress Will Likely Stop Native American Tribes From Helping Patent Trolls by Misusing Sovereign Immunity

Posted in America, Patents at 8:57 am by Dr. Roy Schestowitz

Claire McCaskill (D-Mo.)

Summary: The US political system, in spite of its many flaws, steps in to defend the Patent Trial and Appeals Board (PTAB) from the “scam” which is passage of patents to tribes that have nothing to do with these patents (for the sake of immunity/protection from scrutiny)

IT HAS been just over a month since sites — including ours [1, 2, 3] — bemoaned this. Well, that trick or loophole didn’t last long, did it?

A patent trolls expert, Mr. Mullin, who was following this whole affair pretty closely since the very start (although Patently-O had beaten him to it), says that Senator McCaskill called it “[o]ne of the most brazen and absurd loopholes I’ve ever seen.”

Weeks after many of us protested Native Americans’ help to patent trolls it certainly looks like the loophole will be closed. To quote:

Allergan’s move to stop its patents from being reviewed by handing them off to a Native American tribe is winning support from few people outside the drug company. Now one lawmaker is seeking to ban it.

Sen. Claire McCaskill (D-Mo.) has introduced a bill (PDF) that would head off Allergan’s strategy without waiting to see whether the judges at the Patent Trial and Appeals Board will even approve it.

Mullin’s article does give the impression that there’s momentum and the “scam” (as some sites called it) is on borrowed time.

In the meantime, CCIA writes about “A Bridge To Sovereign Patent Funds”. Yesterday it explained how PTAB helps stop patent trolls/aggression and how the aggressors retreat to the above loophole not just in the US but also in Japan:

Patent trolls are a familiar concept at this point, but a “sovereign patent fund” (SPF) might not be. This isn’t the kind of sovereign I wrote about recently in regard to sovereign immunity. In essence, an SPF is simply a patent assertion entity (PAE) with backing from a national government.

While government-funded companies that create patent portfolios have been around for quite some time, such as South Korea’s ETRI, they typically functioned as operating companies and research institutions first, obtaining patents from their own research, and only secondarily as patent litigators. It’s only over the past few years that the first generation of sovereign patent funds has arisen, acquiring patents from external sources. These SPFs are formed for various reasons, but they all generally have a protectionist bent, focused on protecting local industry and keeping IP in local hands. IP Bridge, a Japanese SPF, openly states that one goal is to “aggregate [patents] and use them, for example, to support domestic1 SMEs [small and medium enterprises].”

So what can you do if a company backed by the resources of an entire foreign government targets you with a patent infringement lawsuit?

You can file a petition for inter partes review.

We wrote about IP Bridge many times before. Their main proponents are sites which favour patent trolls. We last wrote about it less than a week ago and many times earlier this year.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 17/1/2018: HHVM 3.24, WordPress 4.9.2

    Links for the day



  2. No Patents on Life (CRISPR), Said EPO Boards of Appeal Just a Few Hours Ago

    Broad spectacularly loses its key case, which may soon mean that any other patents on CRISPR too will be considered invalid



  3. Only Two Weeks on the Job, Judge Patrick Corcoran is Already Being Threatened by EPO Management

    The attack on a technical judge who is accused of relaying information many people had already relayed anyway (it was gossip at the whole Organisation for years) carries on as he is again being pushed around, just as many people predicted



  4. EPO Board of Appeal Has an Opportunity to Stop Controversial Patents on Life

    Patent maximalism at the EPO can be pushed aback slightly if the European appeal board decides to curtail CRISPR patents in a matter of days



  5. Links 16/1/2018: More on Barcelona, OSI at 20

    Links for the day



  6. 2018 Will be an Even Worse Year for Software Patents Because the US Supreme Court Shields Alice

    The latest picks (reviewed cases) of the Supreme Court of the United States signal another year with little or no hope for the software patents lobby; PTAB too is expected to endure after a record-breaking year, in which it invalidated a lot of software patents that had been erroneously granted



  7. Patent Trolls (Euphemised as “Public IP Companies”) Are Dying in the United States, But the Trouble Isn't Over

    The demise of various types of patent trolls, including publicly-traded trolls, is good news; but we take stock of the latest developments in order to better assess the remaining threat



  8. EPO Management and Team UPC Carry on Lying About Unified Patent Court, Sinking to New Lows in the Process

    At a loss for words over the loss of the Unitary Patent, Team UPC and Team Battistelli now blatantly lie and even get together with professional liars such as Watchtroll



  9. China Tightens Its Knot of Restrictive Rules and Patents

    Overzealous patent aggressors and patent trolls in China, in addition to an explosion in low-quality patents, may simply discourage companies from doing production/manufacturing there



  10. Microsoft's Patent Racket Has Just Been Broadened to Threaten GNU/Linux Users Who Don't Pay Microsoft 'Rents'

    Microsoft revisits its aggressive patent strategy which it failed to properly implement 12 years ago with Novell; it wants to 'collect' a patent tax on GNU/Linux and it uses patent trolls to make that easier



  11. EPO Scandals Played a Considerable Role in Sinking the Unified Patent Court (UPC)

    Today's press coverage about the UPC reinforces the idea that the EPO saga, culminating in despicable attacks on Patrick Corcoran (a judge), may doom the UPC once and for all (unless one believes Team UPC)



  12. J Nicholas Gross Thinks Professors Stop Being Professors If They're Not Patent Extremists Like Him

    The below-the-belt tactics of patent trolls and their allies show no signs of abatement and their tone reveals growing irritation and frustration (inability to sue and extort companies as easily as they used to)



  13. The US Supreme Court Has Just Denied Another Chance to Deal With a Case Similar to Alice (Potentially Impacting § 101)

    There is no sign that software patents will be rendered worthwhile any time in the near future, but proponents of software patents don't give up



  14. Litigation Roundup: Nintendo, TiVo, Apple, Samsung, Huawei, Philips, UMC

    The latest high-profile legal battles, spanning a growing number of nations and increasingly representing a political shift as well



  15. Roundup of Patent News From Canada, South America and Australia

    A few bits and pieces of news from around the world, serving to highlight patent trends in parts of the world where the patent offices haven't much international clout/impact



  16. Links 15/1/2018: Linux 4.15 RC8, Wine 3.0 RC6

    Links for the day



  17. PTAB is Being Demeaned, But Only by the Very Entities One Ought to Expect (Because They Hate Patent Justice/Quality)

    The latest rants/scorn against PTAB -- leaning on cases such as Wi-Fi One v Broadcom or entities like Saint Regis Mohawk Tribe, Apple etc. -- are all coming from firms and people who profit from low-quality patents



  18. If Ericsson and Its Patent Trolls (Like Avanci and Unwired Planet) Cannot Make It, the Patent Microcosm Will Perish

    The demise of patent-asserting/patent assertion business models (trolling or enforcement by proxy) may see front groups/media supportive of it diminishing as well; this appears to be happening already



  19. European Patent Office Causes Physical Harm to Employees, Then Fires Them

    Another one (among many) EPO documents about the alarming physical wellbeing of EPO employees and the management’s attitude towards the issue



  20. Battistelli Was Always (Right From the Start and Since Candidacy) All About Money

    “I have always admired creative people, inventors, those who, through their passion and their work, bring about scientific progress or artistic evolution. I was not blessed with such talent myself,” explained the EPO‘s President when pursuing his current job (for which he was barely qualified and probably not eligible because of his political work)



  21. “Under the Intergovernmental EPC System It is Difficult to Speak of a Functional Separation of Powers”

    An illustration of the glaring deficiency that now prevails and cannot be tolerated as long as the goal is to ensure democratic functionality; absence of the role of Separation of Powers (or Rule of Law) at the EPO is evident now that Battistelli not only controls the Council (using EPO budget) but also blatantly attacks the independence of the Boards of Appeal



  22. The Patent Microcosm Thinks It's Wonderful That IP3 is Selling Stupid Patents, Ignores Far More Important News

    IP3, which we've always considered to be nothing but a parasite, does what it does best and those who love stupid patents consider it to be some sort of victory



  23. Automotives, Artificial Intelligence, Internet of Things and Industry 4.0 Among the Buzz Terms Used to Bypass Alice and the EPC Nowadays

    In order to make prior art search a lot harder and in order to make software patents look legitimate (even in various courtrooms) the patent microcosm and greedy patent offices embrace buzzwords



  24. Blockchain Becomes the Target Not Only of Financial Institutions With Software Patents But Also Trolls

    Blockchain software, which is growing in importance and has become ubiquitous in various domains other than finance, is perceived as an opportunity for disruption and also patent litigation; CNBC continues to publish puff pieces for Erich Spangenberg (amid stockpiling of such patents)



  25. EPC Foresaw the Administrative Council Overseeing the Patent Office, Jesper Kongstad Made It “Working Together”

    An old open letter from the EPO shows the famous moment when Jesper Kongstad and Battistelli came up with a plan to empower both, rendering the Administrative Council almost subservient to the Office (complete inversion of the desired topology)



  26. 2010: Blaming the Messenger (SUEPO) for Staff Unhappiness at the European Patent Office (EPO)

    Tactics of SUEPO (EPO union) blaming go further back than Battistelli and can be found in the previous administration as well



  27. 2010: Deterioration of Working Conditions (e.g. Office Space) for EPO Staff

    Old EPO proposals which suggested the reduction of office space for EPO staff (among other things) — something which later happened to DG3, following the ‘exile’ to Haar



  28. Budget at the EPO Decided Before Consultation

    An old consultation meeting (GAC) at the EPO coincided with a meeting (MAC) which is perceived as ignoring the actual consultation — something which clearly should not be happening



  29. Less Than Half a Year in the Job, Battistelli Already Disobeys/Disregards Rulings From ILO's Tribunal

    As EPO President, Battistelli shows poor comprehension or lack of respect for the rule of law just months after taking the job



  30. Only Half a Year in the Job, Battistelli Breaks EPO Nomination Rules

    oing back to the dawn of the Battistelli era, irregularities appear very early on


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts