Gemini version available ♊︎

When Patent Maximalists Openly and Shamelessly Defend a Patent ‘Scam’

Posted in America, Courtroom, Patents at 9:47 am by Dr. Roy Schestowitz

They hate PTAB enough to love a “scam” and a “sham”

Greg Ablavsky

Summary: The patent “scammers” (as many have been calling them for months) are appealing the PTAB’s decision and various people, such as Greg Ablavsky (above), unwittingly help those who are attempting to ‘scandalise’ PTAB

TECHRIGHTS has published a lot of articles about the misuse of tribal sovereign immunity to dodge PTAB’s scrutiny. Here’s the latest one. It’s one heck of a “sham” (a Federal judge called it that) if not a “scam” (many people call it that) for a lot of reasons, including the splitting of owner, holder, inventor etc. Can one exploit the special privileges of a tribe while actually operating as a massive, multi-national company? A lot of US politicians have been getting involved. They’re not happy. It also makes tribes in general look bad because in this particular case they’re willing participants in exchange for a “tribe bribe”.

“It also makes tribes in general look bad because in this particular case they’re willing participants in exchange for a “tribe bribe”.”Michael Risch (not the Michael who set up this whole scam) has just given a platform to Professor Greg Ablavsky from Stanford Law School. Ablavsky almost supports a patent scam (by discrediting the decision) that clearly misuses tribal sovereign immunity. In his own words:

Per Lisa’s request, I have returned to offer some thoughts on the PTAB’s tribal sovereign immunity decision (you can find my earlier post here and some additional musings coauthored with Lisa here). I had thought I had retired my role of masquerading as an (entirely unqualified) intellectual property lawyer, but, as the PTAB judges clearly haven’t relinquished their pretensions to be experts in federal Indian law, here we are.

The upshot is that I find the PTAB’s decision highly unpersuasive, for the reasons that follow, and I hope to convince you that, however you feel about the result, the PTAB’s purported rationales should give pause. I should stress at the outset that I have no expertise to assess the PTAB’s conclusion that Allergan is the “true owner” of the patent, which may well be correct. But the fact that this conclusion could have served as entirely independent basis for the judgment makes the slipshod reasoning in the first part of the decision on tribal immunity all the more egregious.

We are actually rather surprised to see any people with self respect publicly supporting this scam, which neither politicians nor judges have been supportive/tolerant of. But the above academic may be the exception; not many academics would wish to associate with this scam. PTAB’s reasoning may seem weak to him; but the resultant decision seems correct. It’s common sense. Later this year in Oil States we expect to see Justices supporting PTAB, maybe unanimously.

Christopher Walker, who recently wrote a paper with Melissa Wasserman (about PTAB; Wasserman recently wrote about the USPTO as well, so she’s an emergent name to keep up with and perhaps the next big influencer), has this new paper about Oil States. Walker called this a short @YaleJREG post on my new paper.

“We are actually rather surprised to see any people with self respect publicly supporting this scam, which neither politicians nor judges have been supportive/tolerant of.”From what we can gather, scholars generally support PTAB, with the typical exceptions (Crouch and few others who revel in the crowd of rabid patent maximalists) and Koch-funded think tanks. Here we have the PTAB-hostile Kevin Noonan (another patent maximalist) who the other day commented on the latest twist when he wrote: “The Tribe and Allergan (and the PTAB) remain under the specter of the rule for completing an IPR within twelve months of institution, which in this case is March 31, 2018. This date is already delayed due to the Board’s decision to consolidate IPRs from different parties and use the consolidation decision date as the date from which the deadline was calculated. The Board has the discretion to extend this date by an addition six months under appropriate circumstances, however. And in many ways it would be appropriate in this case (inter alia, being as the PTAB asserted in its denial decision a question of first impression regarding whether tribal sovereign immunity applies to IPR proceedings). Should the PTAB deign to abide by the March 31st deadline, this Notice could be moot. On the other hand, the Federal Circuit could order the Board to stay proceedings on the merits while it considers this appeal.”

Dugie Standeford from IP Watch (known for his good coverage of EPO scandals) wrote about the panel thwarting the Mohwak patent ploy/scam, calling it a “first-of-its-kind case.”

Native American tribes’ sovereign immunity can’t be used to avoid inter partes review (IPR) of patent validity, the US Patent and Trademark Office Patent and Appeal Board (PTAB) has ruled in a first-of-its-kind case.

We particularly liked the reaction of patent maximalists because they unwittingly reveal themselves as detached from ethics.

“Native American tribe to appeal PTAB ruling against use of sovereign immunity to avoid IPRs,” one of them wrote (Notice of Appeal mentioned as well, along with a link to the PDF), echoing this headline from IAM. IAM waited long enough for a spin/slant on the Mohawk-Allergan patent scam and now it just says they will appeal the decision. Does IAM really want to be seen as supporting a scam? Well, it’s not like there’s a reputation left to lose; they front for trolls.

“Wait and watch how the Federal Circuit, quite frankly as usual, agrees with PTAB and throws this scam out the window.”IAM then added: “St Regis claims PTAB ruling “contradicts other PTAB panels’ decisions from last year holding state sovereigns do enjoy such immunity, as well as longstanding Circuit Court and Supreme Court precedents holding that sovereign immunity does apply to these exact types of proceedings”…”

Lloyd, the author, said: “This is going to be a real humdinger at the Fed Circuit…”

Wait and watch how the Federal Circuit, quite frankly as usual, agrees with PTAB and throws this scam out the window. A Federal judge already called it a “sham” and did exactly that; we wrote about it at the time. To put it crudely, the scammers are just “pissing in the wind” at this point.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New

  1. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.

  2. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification

  3. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below

  4. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day

  5. Links 26/11/2021: F35 Elections, Whonix, OSMC's November Refresh With Kodi 19.3

    Links for the day

  6. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021

  7. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021

  8. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day

  9. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously

  10. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day

  11. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)

  12. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11

  13. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day

  14. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"

  15. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)

  16. Links 24/11/2021: Alpine Linux 3.15 and Endless OS 4.0 Released

    Links for the day

  17. [Meme] Jimmy Zemlin Loves Microsoft

    It’s funny, isn’t it? Lying for a living and sucking up to the liars pays off; you get to plunder actual Linux users while leaving Linux morally and financially bankrupt

  18. Links 24/11/2021: PHP Foundation and Flatpak Criticisms

    Links for the day

  19. IRC Proceedings: Tuesday, November 23, 2021

    IRC logs for Tuesday, November 23, 2021

  20. Links 24/11/2021: Rust Crisis and Team UPC Still Faking 'Progress'

    Links for the day

  21. Links 23/11/2021: New GNU Parallel and Memories of David H. Adler (Perl, Raku)

    Links for the day

  22. In Light of Fast-Accelerating Deterioration -- Sometimes Weaponisation -- Getting Off the World Wide Web (to the Extent Feasible) Makes You Saner and Less Susceptible to Manipulation, Lies

    Almost no sites are speaking about it (probably because they have no presence on the Internet except on the Web), but it's time to motivate more people to get off the Web, for their own good and for society's sake...

  23. Black Friday SPAM on the World Wide Web: A Reminder That the Web is a Dying Platform, Languishing Due to Marketing and Misinformation

    The junk that overruns the Web this 'Black Friday' week (consumerism 'on steroids') is a good reminder that the Web isn't healthy for the mind anymore; it's mostly spying on people, trying to compel them to buy particular things or vote a certain way

  24. Microsoft-Led Misinformation Campaign About Germany and Munich Reminds Us That Microsoft Hates and Actively Undermines GNU/Linux Adoption

    Regarding the latest moves to GNU/Linux in Germany we have 3 points to make

  25. Links 23/11/2021: Libreboot 20211122, Deepin Linux 20.3, Amazon Linux 2022, and Mabox Linux 21.11 Released

    Links for the day

  26. IRC Proceedings: Monday, November 22, 2021

    IRC logs for Monday, November 22, 2021

  27. Links 22/11/2021: EasyOS Dunfell 3.1.11, Microsoft 'Extends' Mesa for Windows

    Links for the day

  28. Microsoft's GitHub is Hugely Toxic and It Censors Critics of Corporations or People Sceptical of Those in Power

    Sociopaths have taken over GitHub and control over GitHub (by Microsoft) is being shamelessly misused, just as we’ve warned all along; GitHub is social control media/network for code, asserting control over projects and developers by means of censorship and other sanctions

  29. EPO Staff Engagement Survey Predates the Pandemic and Provides False Assumptions for EPO Policies or Policy-Setting

    The EPO ticks a box for "surveying the staff", but is it actually listening? Is that done often enough? It was last done almost 3 years ago...

  30. Links 22/11/2021: Claws Mail 4 Enters Debian and Catch-up With Legal Matters

    Links for the day

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

Recent Posts