Bonum Certa Men Certa

St. Regis Mohawk Nation Now Exploited as a Lobby and an Attack Vector Against PTAB

CAFC and SCOTUS should definitely take note of the Koch Brothers' role in that lobby (which harms technology companies)

Koch Network Plans to Spend $400 Million in U.S. Midterm Cycle
Reference (in the news 2 days ago): Koch Network Plans to Spend $400 Million in U.S. Midterm Cycle



Summary: The anti-PTAB lobby, which is basically attempting to influence Oil States v Greene's Energy (imminent Supreme Court decision), still tries hard to find scandals or make up scandals; the Mohawk tribe became a convenient channel for that (paid to participate in a scam)

THE biggest PTAB story of 2017 was probably the Mohawk patent scam. It carries on; it's piggybacked by patent extremists. The USPTO granted some dubious patents and now they're being shielded using a tribe which has absolutely nothing to do with them. An unethical lawyer paid them some money through shell entities for this (makes one wonder where the money really comes from). Here's a long new article by Kevin E. Noonan. It's about the amicus briefs which support the scam (the patent microcosm would rather focus on these):

In what everyone (including the Patent Trial and Appeal Board) considers an unprecedented administrative action, the PTAB late last year set out an order (Patent Trial and Appeal Board's Order, 2017 WL 5067421, P.T.A.B. Nov. 3, 2017) inviting amicus briefing on the question of whether the transfer of patent rights from Allergan to the St. Regis Mohawk Nation should lead the Board to dismiss several consolidated inter partes review actions (Nos. IPR2016-01127, IPR2016-01128, IPR2016-01129, IPR2016-01130, IPR2016-01131, and IPR2016-01132, instituted against U.S. Patent Nos. 8,685,930, 8,629,111, 8,642,556, 8,633,162, 8,648,048, and 9,248,191, respectively) on the grounds of sovereign immunity (see "Mohawk Nation Exercises Sovereign Immunity in Inter Partes Review").

[...]

A brief from the High Tech Inventors Alliance, Computer & Communications Industry Association, and Internet Association repeats the argument that patent laws are law of general applicability from which sovereign immunity provides no protection, basing this characterization in part because "[private petitioners] cannot compel the Patent Office to conduct a review and their ongoing participation is unnecessary to complete one" (another argument also made in the brief from Askeladden LLC). According to this brief, "[i]nter partes review is thus 'less like a judicial proceeding and more like a specialized agency proceeding' in which third parties that petition for review 'need not have a concrete stake in the outcome; indeed, they may lack constitutional standing,'" citing Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2143-44 (2016). According to this brief (in an argument made nowhere else), "tribes that own patents must, like all other patentees, pay the fees to maintain the patent, or else the patent will expire. See 35 U.S.C. €§ 41(b). The condition that the Patent Office may reexamine or review the patent is no different."


The Mohawk people/tribe hired lawyers who take the tribe for a 'ride', looking for anything by which to shoot the messengers (PTAB judges) while pretending to be poor Natives (they're not; they're rich, corrupt lawyers). The lawyers picked by the Mohawk people have disgraced the tribe to the point where it's accused of "conspiracy theories" and a "scam". Why can't this tribe see the incredible damage already done to its reputation? It's never too late to end this. They sold out though and ending it may result in loss of money (funneled through shells).

Watchtroll, in its usual fashion, has just used the Mohawk patent scam in an effort to make PTAB look bad. The tribe has been reduced to a tool.

Watchtroll, relying on two decisions among many thousands, says the "the entirety of the concurring opinions are word for word identical. Obviously, the concurring opinions were shared internally in some form or fashion prior to being issued by the PTAB. But why? It seems perfectly reasonable for the St. Regis Mohawk Tribe to want to know who actually wrote these two concurring opinions."

They're aiming to discredit PTAB rather than justify their 'case' (scam). Classic "shoot the messenger".

"In light of these two identical concurring opinions," Watchtroll concluded, "the Saint Regis Mohawk Tribe raised the plausible possibility that ex parte oral or written communications may have occurred involving APJs on the merits panels of these cases. If such communications did occur they should be made public. The PTAB should not refuse to answer these legitimate questions, because at some point they will have to answer how and why this happened."

These have absolutely nothing to do with the Mohawk scam; the lawyers they hired simply use them as a tool for anti-PTAB lobbying while attending events hosted by a think tank of the Koch Brothers. This doesn't look good at all. Another attack on the same day (Watchtroll against PTAB) called PTAB a kangaroo court. Got to protect bad patent and patent trolls, eh? And the Mohawk people are used as a moral shield for people who are aligned with billionaires' interests.

To better understand what the Kochs have at stake here, remember Oil States. As Patently-O reminded readers yesterday, the Supreme Court is not assessing any cases which give hope for software patents, but it will rule (probably this summer) for or against PTAB (which asserts/applies Alice). This is important. Also yesterday, as can be seen in this post, Patently-O was back to belittling PTAB judges. Not only does Patently-O cite Watchtroll's attacks on PTAB but it also makes it blatantly obvious that it wants PTAB obliterated. From the post:

In 2007, Prof. John Duffy penned a Patently-O essay explaining that Administrative Patent Judges are at least “inferior officers” under the US Constitution (art. II, €§ 2, cl. 2) — requiring appointment by a Head of Department (i.e., Secretary of Commerce). Duffy’s work on the topic prompted statutory reform and now all PTAB follow that appointment process.

In a new article, Prof. Gary Larsen takes Duffy’s analysis a major step forward – explaining that the PTAB is special because its Inter Partes Review actions are not further reviewed by any executive actor — rendering Administrative Patent Judges principal officer (rather than inferior) and requiring appointment by the President with Advice and Consent of the Senate.


These people have long attempted to convince SCOTUS Justices that patents are "property" (that's a lie), that PTAB lacks certain authority and so on. They try to influence the outcome in Oil States. Duffy is from the University of Virginia School of Law and Crouch is from Kansas, where the Kochs are known to be throwing lots of money at universities. It's worth checking what motivates these scholars, either consciously or subconsciously. ⬆

Recent Techrights' Posts

Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
 
Gemini Links 18/10/2026: Hobbies, RAM Prices, and Avoiding GAFAM
Links for the day
Intercontinental Brigading - Part VII - Weekend Abuse Reported to British Police (Rogue Actors Take No Breaks)
Some time in the next few days I'll share an elaborate report
Gemini Links 18/10/2026: Hospitals, Literature, Fixed IP Addresses, and Sunday Types
Links for the day
Links 18/10/2026: Brazil Reduces Deforestation, Some 4-5 Gray's Inn Square Scandals in Insolvency Petition of Reform UK
Links for the day
UbuntuBuzz is LLM Slop
Tragic
"Assisted by NSA" and "It's Just a Tool" (So Fine!)
Free software is meant to be produced by people who value and pursue Software Freedom
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare
TeamBlind Accused of Censorship, Maybe Surveillance in the Future
It's expensive to protect whistleblowers and to resist censorship of what whistleblowers try to expose
Another Friday 'Litter' of IBM Workers, Discarded and Sometimes Replaced to Cut Costs
The little that IBM earns is spent buying companies to pretend there's "growth" and headcount stability
Gemini Links 16/10/2026: Carrie, Games, and Slop
Links for the day
Links 16/10/2026: Election Interference by Slop; White House Backs Russia, Not Ukraine
Links for the day
The Register MS Has New 'Article' That Has "AI" 20 Times. "SPONSORED POST" As Usual.
At the end, both the media and the pyramid scheme will collapse
UK's Competition and Markets Authority (CMA) Says Microsoft is Still Abusive
Today, ahead of the latest fake 'results' [...] Microsoft cheats the system everywhere it can
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day