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

01.07.18

Allergan Collapses After Its Patent “Scam” Goes Awry and the Saint Regis Mohawk Tribe Receives Negative Publicity for Abetting

Posted in America, Patents at 10:37 pm by Dr. Roy Schestowitz

Troller

Allergan logo

Summary: The Mohawk ‘brand’ is being tarnished by a bunch of lawyers (or mainly one lawyer) who would rather prop up conspiracy theories of the patent trolls’ lobby for a quick buck

THE bad news about the EPO and the relatively good news about the USPTO (gradually phasing out software patents) aside, we have a quick update on the Allergan “scam” (the word widely used to describe gross misuse of immunity). We last wrote about it a week ago.

The Mohawk Tribe now floats ridiculous conspiracy theories to distract from the fact it participates in a scam. The patent microcosm seems rather supportive, writing for example that “the Tribe has sought discovery on the Board’s expanded panel practice as well as its internal policy deliberations on sovereign immunity.”

The patent microcosm always attempts to scandalise PTAB because it wants PTAB abolished.

In the meantime, having recently lost a major lawsuit, Allergan is imploding:

Allergan will eliminate about 5.5 percent of its workforce as part of a cost-cutting move while it prepares for generic competition on several lucrative drugs.

The company will cut 1,000 jobs and leave another 400 open positions unfilled. The Dublin-based company has about 18,000 employees.

There’s more on the way. It’s the tip of the iceberg as more bad news got reported lately.

Watch what the patent trolls’ lobby wrote the other day:

The 2017 patent story of the year took another turn shortly before Christmas when an expanded panel at the PTAB ruled that the University of Minnesota could not use sovereign immunity to shield its patents in a dispute with Ericsson. That’s because, the Board said, the University waived its sovereign immunity by asserting one of its patent against the Swedish company, which Ericsson then sought to challenge in inter partes review (IPR). The panel did confirm that state entities were immune from IPR – just not when they launch an assertion.

That case did not directly involve the Saint Regis Mohawks, the Native American tribe which catapulted the issue of sovereign immunity and IPRs into the mainstream when it was paid millions to take ownership of a number of Allergan drug patents, but the tribe’s lawyers were quick to ratchet up their own dispute when they filed a motion with the PTAB asking for information on the judges covering their case such as how they’re compensated and requesting recent performance reviews. With constraints being placed on how sovereign immunity can be used in relation to IPR, the tribe has clearly decided to come out fighting; though yesterday, the board responded by forbidding the Mohawks from filing further, similar requests.

And then there’s this from the patent microcosm:

Earlier this week I discussed the Saint Regis Mohawk Tribe’s discovery request directed to the Board’s internal practices, personnel policies, and communications; yesterday, the Board responded. In a strongly worded Order, the Board pointed out the impropriety of the Tribe’s filing and its repeated disregard for the Board’s rules.

So the Mohawk ‘brand’ is now in alliance with the patent trolls’ lobby. They just try to shoot the messenger, having lost the ability to defend misuse of tribal immunity. So much for a charm offensive…

Kevin E. Noonan, another part of the patent microcosm, seems happy that this tribe has gone ‘full Brietbart’ to deny (to itself) that it willingly participates in a patent scam:

The creation of adversarial procedures before the Patent Trial and Appeal Board under the Leahy-Smith America Invents Act (post-grant review, inter partes review, and covered business methods review) has raised a number of issues arising from the differences between Article I agencies (and the courts created therein and governed by the Administrative Procedures Act; 5 U.S.C. § 554) and Article III courts. Some of these stem from the nature of the two types of courts (with the Chief Justice of the U.S. Supreme Court noting these differences somewhat acerbically in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, to whit “we usually mean something different when we use the word ‘judge”‘), and some from legitimate differences between the goals of the two types of tribunals.

Josh Landau from the CCIA wrote a response to this. The Saint Regis Mohawk Tribe still seems unable to accept that it willingly participates in a patent scam:

2018 started off with a sovereign immunity bang, with the Saint Regis Mohawk Tribe filing a motion that implicitly suggests that the Patent Trial and Appeal Board (PTAB) would only rule against them due to financial self-interest and political pressure.

[...]

The Saint Regis Tribe’s request asks for information about how judges are financially compensated, asks for copies of the performance reviews of the judges deciding their case, and effectively accuses the PTAB of conducting off-record ex parte conversations about the case, while providing no evidence of any such conversations. The obvious implication is that the Tribe is asserting that the PTAB behaved improperly.

People who make a living complaining about IPR occasionally accuse the PTAB of “stacking panels”—of putting additional judges onto a PTAB decision in order to rule against a company they don’t like. It even came up during the Oil States argument, although it doesn’t appear to have been considered particularly important there. The Saint Regis Tribe appears to be buying into this conspiracy theory, and getting ready to litigate it.

The reality, unsurprisingly, is that those complaints are baseless. The PTAB does expand panels on occasion, but they do it for very specific reasons—and those reasons are hardly secret. The PTAB expands panels to ensure that important questions (like, for example, if sovereign immunity applies to IPR) are decided by a panel that includes the most senior PTAB judges, and to ensure that panels apply the law properly in instances where some members of the original panel appear to be applying the law improperly.

We wrote about this bogus ‘scandal’ last year. It was being spread by sites like Watchtroll, whose strong anti-PTAB bias we’ll address in our next post.

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. The Patent Microcosm, Patent Trolls and Their Pressure Groups Incite a USPTO Director Against the Patent Trial and Appeal Board (PTAB) and Section 101/Alice

    As one might expect, the patent extremists continue their witch-hunt and constant manipulation of USPTO officials, whom they hope to compel to become patent extremists themselves (otherwise those officials are defamed, typically until they're fired or decide to resign)



  2. Microsoft's Lobbying for FRAND Pays Off as Microsoft-Connected Patent Troll Conversant (Formerly MOSAID) Goes After Android OEMs in Europe

    The FRAND (or SEP) lobby seems to have caused a lot of monopolistic patent lawsuits; this mostly affects Linux-powered platforms such as Android, Tizen and webOS and there are new legal actions from Microsoft-connected patent trolls



  3. To Understand Why People Say That Lawyers are Liars Look No Further Than Misleading Promotion of Software Patents

    Some of the latest misleading claims from the patent microcosm, which is only interested in lots and lots of patents (its bread and butter is monopolies after all) irrespective of their merit, quality, and desirability



  4. When News About the EPO is Dominated by Sponsored 'Reports' and Press Releases Because Publishers Are Afraid of (or Bribed by) the EPO

    The lack of curiosity and genuine journalism in Europe may mean that serious abuses (if not corruption) will go unreported



  5. The Boards of Appeal at the European Patent Organisation (EPO) Complain That They Are Understaffed, Not Just Lacking the Independence They Depend on

    The Boards of Appeal have released a report and once again they openly complain that they're unable to do their job properly, i.e. patent quality cannot be assured



  6. Links 18/4/2018: New Fedora 27 ISOs, Nextcloud Wins German Government Contract

    Links for the day



  7. Guest Post: Responding to Your Recent Posting “The European Patent Office Will Never Hold Its Destroyers Accountable”

    In France, where Battistelli does not enjoy diplomatic immunity, he can be held accountable like his "padrone" recently was



  8. The EPO in 2018: Partnering With Saudi Arabia and Cambodia (With Zero European Patents)

    The EPO's status in the world has declined to the point where former French colonies and countries with zero European Patents are hailed as "success stories" for Battistelli



  9. For Samsung and Apple the Biggest Threat Has Become Patent Trolls and Aggressors in China and the Eastern District of Texas, Not Each Other

    The latest stories about two of the world's largest phone OEMs, both of which find themselves subjected to a heavy barrage of patent lawsuits and even embargoes; Samsung has meanwhile obtained an antisuit injunction against Huawei



  10. The EPO Continues to Lie About Patent Quality Whilst Openly Promoting Software Patents, Even Outside Europe

    EPO patent quality continues to sink while EPO management lies about it and software patents are openly being promoted/advocatedEPO patent quality continues to sink while EPO management lies about it (the article above is new) and software patents are openly being promoted/advocated



  11. SCOTUS on WesternGeco v Ion Geophysical Almost Done; Will Oil States Decision Affirm the PTAB's Quality Assurance (IPRs) Soon?

    Ahead of WesternGeco and Oil States, following oral proceedings, it's expected that the highest court in the United States will deliver more blows to patent maximalism



  12. Links 17/4/2018: Linux 5.x Plans and Microsoft's 'Embrace'

    Links for the day



  13. The European Patent Office (EPO) Grants Patents in Error, Insiders Are Complaining That It's the Management's Fault

    The EPO has languished to the point where patents are granted in error, examiners aren't happy, and the resultant chaos benefits no-one but lawyers and patent trolls



  14. The European Patent Office Will Never Hold Its Destroyers Accountable

    With only one in seven EPO stakeholders believing that Battistelli's pick (António Campinos) will turn things around for the better, it certainly does not seem like people are happy and there's no real hope that Battistelli will ever be held accountable for his abuses after his immunity expires



  15. With Liars Like These...

    The European Patent Office continues to lie about the Unified Patent Court (UPC) amongst other things, still revealing its reluctance to say anything which is truthful or work to repair the damage caused by Benoît Battistelli



  16. Links 16/4/2018: Linux 4.17 RC 1, Mesa 18.0.1 RC, GNOME 3.28.1

    Links for the day



  17. IAM, Patently-O and Watchtroll (the Patent Trolls' Lobby) Try to Stop Patent Oppositions/Petitions (PTAB)

    In spite of fee hikes, introduced by Iancu's interim predecessor, petitions (IPRs) at the PTAB continue to grow in number and the patent maximalists are losing their minds over it



  18. The Patent Trial and Appeal Board (PTAB) is Ending Software Patents One Patent at a Time

    At an accelerating pace and with growing determination, PTAB (part of AIA) crushes patent trolls and software patents; the statistics and latest stories speak for themselves



  19. Academics and Think Tanks for Patent Maximalism

    Right-wing think tanks and impressionable academics continue to lobby for patent maximalism, rarely revealing the funding sources and motivations; in reality, however, such maximalism mainly helps large (already-wealthy) corporations, monopolists, and law firms



  20. Killing Patent Quality and Encouraging 'Covert' Software Patents Using the Buzzwords Du Jour

    The epidemic of buzzwords and/or hype waves that are being exploited to dodge or bypass patent scope/limitations, as seen in Europe and the US these days



  21. Crisis of Quality at the EPO Extends to Staff (Notably Examiners) and Management as Institutional Integrity is Severely Compromised

    A rather pessimistic but likely realistic outlook for the European Patent Office (EPO), which seems unable to attract the sort of staff it attracted for a number of decades



  22. The 'Blockchaining' of Software Patents (to Dodge the Rules/Guidelines) Now Coming to Europe

    A lot of software patents are being declared invalid (or not granted in the first place); having said that, using all sorts of hype waves (like calling databases “blockchains”) firms and individuals manage to still be granted software patents and sometimes patent trolls hoard these



  23. Links 14/4/2018: Wine 3.6, KDE Elisa 0.1

    Links for the day



  24. East Asia Should Have Adopted the Patent Strategy of South Asia, Notably India

    China seems to be so interested in patent maximalism that it has lost sight of the effect on foreign investment, e.g. US/European/Taiwanese/Japanese/Korean firms operating/manufacturing in mainland China



  25. Samsung is the 'New IBM', Sans the Trolling With Patents

    The 'relic' company, IBM, loses its patent leadership (as measured using some yardstick) to Samsung, a company which is relatively calm when it comes to patent activity (unless/only when sued, as happens a lot nowadays)



  26. David Barcelou May or May Not be a Patent Troll, But He is Certainly a SLAPPing Bully and Watchtroll is Fine With It

    Like a thin-skinned person/entity (which many in the patent microcosm are), David Barcelou and Automated Transactions (“ATL”) SLAPP their critics and surprisingly enough it's Watchtroll, who has been threatened by WIPO, coming to the bully's rescue (double standards)



  27. Links 12/4/2018: Stable New Kernels, Neptune 5.1

    Links for the day



  28. The USPTO Has a Nepotism and Lobbying Problem That Jeopardises the Rationality of US Patent Law

    The influence games of Washington are spilling over to the US patent office and poisoning/harming its ability to conduct professional operations without corporate influence (from either side, both corporations and law firms)



  29. Patent Trolls in the United States Show the Importance of Stopping Software Patents (Trolls' Favourite) Worldwide

    The abundance of entities that exist for no purpose other than to initiate lawsuits is a contagious threat to real innovation (or science and technology being practiced); a new jury verdict (record-breaking $500,000,000) is a reminder of this



  30. Links 11/4/2018: Linux 3.18.104, ReactOS 0.4.8 Release

    Links for the day


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