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

02.11.18

Pharma Patents Have Become Harder to Enforce, So IAM Together With the Patent Microcosm Sets Up Lobbying Events

Posted in America, Deception, Europe, Patents at 9:31 am by Dr. Roy Schestowitz

IAM: When “alternative facts” are up for sale (if one can afford them)

Battistelli and IAM

Summary: The difficulty associated with enforcing certain types of patents (more so after Mayo and § 101) means that litigious attitudes and reliance on law firms are decreasing; IAM strikes back with another one of its many lobbying events (designed to shape public opinion and influence key decision-makers)

THE concept of patents is pretty much universal, but not all patents are created equal. There are different sorts of patents (“families”) pertaining to or belonging to different domains. Speaking of them all as though they’re the same is the recipe for meaningless debates. Not all patents, for example, are a matter of life or death. Ethical aspects apply in some cases; sometimes pure economics.

“Not all patents, for example, are a matter of life or death.”As we discovered quite recently, EPO oppositions can crash companies. In other words, wrong decisions (or intentions) to grant can be truly harmful and pretty awful to workers. Things get pretty freaky when patents are being claimed on life itself. Forward Pharma lost 30% of its value (or valuation) in just one day at the end of January. This was due to an EPO decision. Yes, some sectors are over-reliant on patents; there’s no question about it. Here’s an example from two days ago: (in the UK)

Shares in Scancell Holdings PLC rose sharply on Friday morning as the company said its Moditope immunotherapy platform is to be granted a European patent.

Scancell shares were up 11% on Friday at 13.54 pence per share.

How good is this European Patent (EP)? Well, there’s lack of certainty under Battistelli, so Scancell Holdings PLC might be the next Forward Pharma (a one-day collapse).

“What we have here is a cross-continental fight taken up to the ITC and failing, having heavily relied on a patent from the USPTO.”Pacific Biosciences is meanwhile attempting to ‘compete’ by causing embargo of its rival, Oxford Nanopore. We wrote about it some days ago and received plenty of comments from people involved in this matter. It’s yet another one of those ITC examples where patent litigation is geared towards embargoes and bankruptcies, not innovation. Here is what the face-saving press release said (striving to justify waste of shareholders’ money, spent on litigation). This campaign of patent litigation by Pacific Biosciences backfired pretty badly. “Pacific Bio down 2% premarket on ITC patent ruling,” Wall Street media stated shortly thereafter. To quote: “The ITC interpreted the term “single-molecule sequencing” as limited to sequencing-by-synthesis approaches, determining that Oxford’s sequencing approach is not “single-molecule sequencing.””

What we have here is a cross-continental fight taken up to the ITC and failing, having heavily relied on a patent from the USPTO.

We have become increasingly supportive of the USPTO because it continues to deny patents on life and even software patents. PTAB helps and gravitates towards that. See the latest PTAB Life Sciences Report by John Cravero and Pharma Patents Blog writing about 35 U.S.C. § 101 rejections (not just based on Alice but also Mayo):

We’ve written previously about ex parte decisions of the Patent Trial and Appeal Board (PTAB) affirming patent eligibility rejections that seem to be inconsistent with the USPTO’s Subject Matter Eligibility Guidance. Apparently, applicants should be wary about appealing any rejection of a diagnostic method claim, because the PTAB may enter sua sponte patent eligibility rejections even if the examiner did not make a § 101 rejection.

Aside from § 101 there’s also 35 U.S.C. § 102. Hospira, based on this blog post, wins again. MedCo’s patent has been declared bogus as per § 102. To quote:

In the litigation, Hospira argued both (1) that the MedCo patents were invalid and (1) that Hospira’s proposed generic Angiomax drug would not infringe. The district court sided with MedCo on the first point (patents not invalid) but with Hospira on the second (patents not infringed). On appeal, the Federal Circuit has affirmed the non-infringement ruling but reversed on the on sale issue. The interesting portion is the on sale question.

Benjamin Anger and Jacob R. Rosenbaum wrote about it some days ago (very detailed).

“They get what they paid for. It’s pure lobbying/marketing.”As one can expect, the litigation ‘industry’ isn’t particularly happy about that. Many patents are being invalidated, which must be causing decrease in demand for patents and lawsuits (their main “offerings” or “services” or “products”).

There’s a “Pharma and Biotech IP Summit” being organised by IAM and as one can expect, the bill for this lobbying event is being footed by the main participants. “Finnegan is a Gold sponsor of IAM Magazine,” it says. There’s therefore a paid-for ‘talk’ (marketing). This not only helps Finnegan control the ‘debate’; it also keeps IAM on their ‘good side’ (maybe IAM will give Finnegan some more of these bogus ‘rewards’ or ‘endorsements’). “Jen Roscetti will present “The View from the United States” at @IAM_magazine’s #Pharma and #Biotech #IP Summit in London,” Finnegan wrote the other day. They get what they paid for. It’s pure lobbying/marketing.

“Either way, “Pharma and Biotech IP Summit” is an IAM sham. It’s sponsored by and dominated by the patent microcosm.”With all honesty, more people ought to speak out about IAM’s “business model”, which involves collecting cash, pushing agenda (in the form of ‘news’ or staged ‘debates’), offering bogus ‘endorsements’, and issuing 'studies' for people like Battistelli (bolstering his lies). There’s nothing benign about it. IAM is effectively a think tank and even some less senior insiders must have realise it. Several of them left, only to be replaced by relatively young and inexperienced writers. Tim Lince, it should be noted, is still listed as a writer at IAM, but he wrote nothing this year and only 1 (one!) blog post last year. Many writers left and perhaps associating with people Battistelli (as we last noted last night) won’t save them but only cause further harm.

Either way, “Pharma and Biotech IP Summit” is an IAM sham. It’s sponsored by and dominated by the patent microcosm. It’s like a propaganda platform facilitated by Joff Wild and his cohorts. He did the same for UPC (with cash from the EPO’s PR firm).

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 16/8/2018: MAAS 2.4.1, Mesa 18.2 RC3

    Links for the day



  2. USPTO Craziness: Changing Rules to Punish PTAB Petitioners and Reward Microsoft for Corruption at ISO

    The US patent office proposes charging/imposing on applicants that are not customers of Microsoft a penalty; there’s also an overtly and blatantly malicious move whose purpose is to discourage petitions against wrongly-granted (by the USPTO) patents



  3. The Demise of US Software Patents Continues at the Federal Circuit

    Software patents are rotting away in the United States; it remains to be seen when the U.S. Patent and Trademark Office (USPTO) will truly/fully honour 35 U.S.C. § 101 and stop granting such patents



  4. Almost Two Months After the ILO Ruling Staff Representative Brumme is Finally Back on the Job at EPO

    Ion Brumme gets his position at the EPO back, owing to the Administrative Tribunal of the International Labour Organization (ILO-AT) ruling back in July; things, however, aren't rosy for the Office as a whole



  5. Links 15/8/2018: Akademy 2018 Wrapups and More Intel Defects

    Links for the day



  6. Antiquated Patenting Trick: Adding Words Like 'Apparatus' to Make Abstract Ideas Look/Sound Like They Pertain to or Contain a 'Device'

    35 U.S.C. § 101 (Section 101) still maintains that abstract ideas are not patent-eligible; so applicants and law firms go out of their way to make their ideas seem as though they're physical



  7. Open Invention Network (OIN) Member Companies Need to Become Unanimous in Opposition to Software Patents

    Opposition to abstract software patents, which even the SCOTUS and the Federal Circuit nowadays reject, would be strategically smart for OIN; but instead it issues a statement in support of a GPL compliance initiative



  8. President Battistelli 'Killed' the EPO; António Campinos Will 'Finish the Job'

    The EPO is shrinking, but this is being shrewdly disguised using terms like "efficiency" and a low-profile President who keeps himself in the dark



  9. Links 14/8/2018: Virtlyst 1.2.0, Blender 2.8 Planning Update, Zorin OS 12.4, FreeBSD 12.0 Alpha

    Links for the day



  10. Berkheimer Changed Nothing and Invalidation Rates of Abstract Software Patents Remain Very High

    Contrary to repetitive misinformation from firms that 'sell' services around patents, there is no turnaround or comeback for software patents; the latest numbers suggest a marginal difference at best — one that may be negligible considering the correlation between expected outcomes and actions (the nature of risk analysis)



  11. Lockton Insurance Brokers Exploiting Patent Trolls to Sell Insurance to the Gullible

    Demonstrating what some people have dubbed (and popularised) "disaster capitalism", Lockton now looks for opportunities to profit from patent trolls, in the form of "insurance" (the same thing Microsoft does)



  12. Patent Lawyers Writing Patent Law for Their Own Enrichment Rather Than for Innovation

    We have become detached from the original goals and come to the point where patent offices aren't necessarily run by people qualified for the job of advancing science and technology; they, unlike judges, only seem to care about how many patents get granted, irrespective of their quality/merit



  13. Links 13/8/2018: Linux 4.18 and GNU Linux-libre 4.18 Arrive

    Links for the day



  14. PTAB is Loathed by Patent Maximalists Because It Can Potentially Invalidate Thousands of Software Patents (More Than Courts Can Handle)

    The US patent system has become more resistant to software patents; courts, however, are still needed to invalidate such patents (a potentially expensive process) because the USPTO continues to grant these provided some fashionable buzzwords/hype waves are utilised (e.g. "facial recognition", "blockchain", "autonomous vehicles")



  15. Gene Quinn and 'Dallas Innovates' as Couriers of Agenda for Patent Trolls Like iPEL

    Failing to hide their real purpose and malicious agenda, sites whose real purpose is to promote a lot of patent litigation produce puff pieces, even for patently unethical trolls such as iPEL



  16. Software Patents, Secured by 'Smart' and 'Intelligent' Tricks, Help Microsoft and Others Bypass Alice/Section 101

    A look at the use of fashionable trends and buzzwords to acquire and pass around dubious software patents, then attempting to guard these from much-needed post-Alice scrutiny



  17. Keep Boston (and Massachusetts in General) From Becoming an Infestation Zone for Patent Litigation

    Boston, renowned for research and innovation, has become somewhat of a litigation hotbed; this jeopardises the state's attractiveness (except perhaps to lawyers)



  18. Links 12/8/2018: Academy of Motion Picture Arts and Sciences, Mesa 18.1.6 Release Notice, New Linux Imminent

    Links for the day



  19. Thomas Massie's “Restoring America’s Leadership in Innovation Act of 2018” (RALIA) Would Put the US Patent System in the Lions' (or Trolls') Mouth Again

    An anti-§ 101 and anti-PTAB bill from Rep. Thomas Massie (R-KY) strives to remove quality control; but by handing the system back to patent trolls he and his proponents simply strive to create more business of litigation, at the expense of innovation



  20. EPO-Style Problem-Solution: Tackling Backlog by Granting Lots of Low-Quality (Bogus) European Patents, Causing a Surge in Troll/Frivolous Litigation

    The EPO's lack of interest in genuine patent quality (measuring "quality" in terms of speed, not actual quality) may mean nothing but a litigation epidemic; many of these lawsuits would be abusive, baseless; those harmed the most would be small businesses that cannot afford a legal defense and would rather settle with those who exploit questionable patents, notably patent trolls



  21. Links 11/8/2018: PGP Clean Room 1.0, Ring-KDE 3.0.0, Julia 1.0

    Links for the day



  22. Propaganda Sites of Patent Trolls and Litigators Have Quit Trying to Appear Impartial or Having Integrity

    The lobbying groups of patent trolls (which receive money from such trolls) carry on meddling in policy and altering perception that drives policy; we present some new examples



  23. Months After Oil States the Patent Maximalists Still Try to Undermine Inter Partes Reviews (“IPRs”), Refusing to Accept Patent Quality

    The patent maximalists in the United States, seeing that the USPTO is moving away from patent maximalism, is desperate for a turnaround; prominent patent maximalists take it all out on PTAB



  24. The Unified Patent Court (UPC) Agreement is Paralysed, So Team UPC is Twisting Old News

    Paralysis of the Unified Patent Court Agreement (UPCA) means that people are completely forgetting about its very existence; those standing to benefit from it (patent litigation firms) are therefore recycling and distorting old news



  25. Patents as Profiteering Opportunities for Law Firms Rather Than Drivers of Innovation for Productive Companies

    A sample of news from yesterday; the patent microcosm is still arguing about who pays attorneys’ fees (not whether these fees are justified) and is constantly complaining about the decline in patent litigation, which means fewer and lower attorneys’ fees (less work for them)



  26. Links 9/8/2018: Mesa 18.2 RC2, Cockpit 175, WPA-2 Hash Cracking

    Links for the day



  27. Patent Maximalists -- Not Reformers -- Are the Biggest Threat to the Viability of the Patent System and Innovation

    Those who strive to infinitely expand patent scope are rendering the patent system obsolete and completely losing sight of the very purpose of the patent system, whose sanity US courts and lawmakers gradually restore (one ruling and one bill at a time)



  28. WeMove.EU Tackles Low Patent Quality at the European Patent Office (EPO)

    The breadth of European Patents, which now cover even nature itself, worries public interest groups; Team UPC, however, wants patent scope to expand further and António Campinos has expressed his intention to further increase the number of grants



  29. Links 8/8/2018: KDE Neon for Testing, New LibreOffice Release, Dart 2.0

    Links for the day



  30. Links 7/8/2018: TCP Vulnerability in Linux, Speck Crypto Code Candidate for Removal

    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