03.10.18

US Senate is Cracking Down on Patent Scammers

Posted in America, Patents at 8:48 am by Dr. Roy Schestowitz

What did the tribe think (or smoke) when it hired this man?

Michael Shore

Summary: Allergan and Saint Regis Mohawk Tribe see their sham deal (or “scam”) going down in flames and Michael Shore (above) accomplishes nothing but creating another attack vector against the Patent Trial and Appeal Board (PTAB), perhaps serving himself well at the expense of the tribe’s status

THE Mohawk people may not be aware of this, but a lawyer who has nothing to do with their tribe (Michael Shore, who speaks at Koch events) has harmed their reputation greatly. This also makes the USPTO look bad, albeit the PTAB helps correct it at the moment.

Another Law Professor inadvertently defends a patent scam and gives ammunition to a bunch of patent extremists who hired a writer, Steve Brachmann, to do their bidding on NAFTA (yesterday) and also promote scams such as this (4 days ago). He wrote:

On Twitter, this decision was the focus of a 20-part post, which was published by Jacob S. Sherkow, an associate professor of law at New York Law School.

Watchtroll doesn’t care what’s legal. All it cares about is patent maximalism, i.e. the revenue of a bunch of litigious law firms. Thankfully, however, the Mohawk patent scam that Allergan paid the tribe to participate in is going down. It’s going down fast. Not only did PTAB shoot it down over a week ago; Senate too is now introducing a bill to stop the scam in its tracks. As Josh Landau (CCIA) said 2 days ago:

Yesterday Senators Cotton, McCaskill, Toomey, Ernst, and Perdue introduced the Preserving Access to Cost Effective Drugs (PACED) Act, a bill which would help prevent sovereign immunity from being abused to prevent invalid patents from being struck down by the U.S. Patent and Trademark Office.

As Patent Progress has previously described, sovereign immunity has been abused in exactly this way, most notably by Allergan’s sale of their evergreened dry eye patents to a Native American tribe. The PACED Act would bar this practice, eliminating sovereign immunity as a defense in inter partes review to the fullest extent permitted by the Constitution. It would also prevent tribal sovereign immunity from being used in declaratory judgment actions, where a company that expects to be accused of infringing files a suit to invalidate a patent.

McCaskill played a key role in this (credit/kudos to her) and she seems to have built Senatorial support. Among patent extremists to whom ends justify the means Michael Shore will be hailed as a pioneer/hero, but for the rest of us — politicians included — Shore will be seen as the mastermind of a foiled scam.

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

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 31/10/2020: Linux Lite 5.2 and Freespire 7.0

    Links for the day



  2. New Video Release by Marcia K. Wilbur: Richard Stallman (RMS) and Larry Lessig

    A decade and a half before Professor Lessig became a presidential nominee/candidate the following footage was captured; it was published yesterday for the first time



  3. Users Have Nowhere to Go

    "If you want Free software to exist, if you want users to have control of their computing, you'll have to learn how to stand up again."



  4. IRC Proceedings: Friday, October 30, 2020

    IRC logs for Friday, October 30, 2020



  5. [Meme] Two Dictators: How the EPO Shuffled the Dictatorship's Cards

    EPO President António Campinos turns out to be no better and even less popular than Benoît Battistelli



  6. 2020: The Year the Patent System Converged With Naked Fascism

    The worldwide system of patents, administered in part by WIPO (fronting for the super-rich), is losing the argument and instead — nowadays more than ever before — it is resorting to authoritarianism (the kids’ gloves are off)



  7. Links 31/10/2020: KDE on Hugo, NetBSD Moves From TWM to CTWM

    Links for the day



  8. Links 30/10/2020: WordPress 5.5.2 and NSA Mum on Its Back Doors Policy

    Links for the day



  9. Free Software is Still Under Attack From Software Patents (GNOME Getting Patent Trolls to Settle Isn't the Real Solution)

    We're asked to believe that a sort of "patch" (suggested by companies or monopolies with endless patent portfolios) means that Free software and software patents can co-exist; behind the scenes, however, "community distros" (not developed and controlled by monopolies) are coming under patent attacks which they cannot publicly speak about



  10. Microsoft is Already Bribing the Likely Next US President (Having Also Paid the Trump Campaign) to Ensure Microsoft Can Get Away With Crimes and Receive Bailouts from Taxpayers

    Microsoft is still controlling "both sides" to ensure that it remains in control of the administration; it's already looting the taxpayers while still lying to shareholders ('legalised' embezzlement)



  11. With Microsoft in Charge, OpenSSF Seems More Like It's About Back Doors -- Not Real Security -- Inside the Linux Foundation

    Another Linux Foundation (LF) group seems to have been taken over by the company that’s attacking Linux and attacking real security (as opposed to fake security or back doors in the name of “national security” — the Trojan horse for imperialistic coercion, worldwide)



  12. IRC Proceedings: Thursday, October 29, 2020

    IRC logs for Thursday, October 29, 2020



  13. Living in a State of Constant and Never-Ending Fear Will Harm Software Freedom

    "Freedom" or "liberty" may seem to have been co-opted by extreme right-wing and COVID-denying (or COVID-minimising) elements, but at the moment we do stand to lose many "tech rights" (in the name of "protecting" us)



  14. [Meme] Mozilla's 2020 Vision

    Mozilla does not seem to understand that proprietary Azure and proprietary GitHub won't offer Mozilla a way/path out of the mess it's in



  15. Techrights Done With Maintenance For Now, Will Resume Posting at a Higher Publication Pace

    With a few new features added to the site we can finally resume normal operations (more articles per day)



  16. Moving to Phones Won't Liberate Users

    A so-called 'phone' (or 'smart' phone) with Linux under the bonnet isn't freedom; it's a branding war being won, but principles are being abandoned



  17. Links 29/10/2020: LibreOffice 7.0.3, Linux 5.9.2, NVIDIA 455.38 Linux Driver

    Links for the day



  18. Links 29/10/2020: Istio 1.6.13, Krita 4.4.1 and PyPI Key-Signing Ceremony

    Links for the day



  19. IRC Proceedings: Wednesday, October 28, 2020

    IRC logs for Wednesday, October 28, 2020



  20. Links 28/10/2020: Linux Dropping WiMAX Support, Istio 1.7.4, Ubuntu is “Hirsute Hippo”

    Links for the day



  21. Linux Foundation (Men for Monopolies) Once Again Hijacking Women's (and Minorities') Voices for Public Relations

    Diversity and tolerance are absolutely essential, but those who preach or lecture us about it most loudly (their financial means or privilege enable media reach) set a bad example and are mostly opportunistic hypocrites who perpetuate the status quo



  22. In a State of Flux Due to Maintenance and Improvements

    For the first time since summer of 2019 we're investing time and effort improving the site in a number of ways



  23. Links 28/10/2020: Torvalds on Succession, PyTorch 1.7.0

    Links for the day



  24. [Meme] Stealing the Competition

    After the fall (and fail) of CodePlex Microsoft decided to grab the Linux Foundation and most Git-based projects (through GitHub) — a strategy even Microsoft can learn to love



  25. IRC Proceedings: Tuesday, October 27, 2020

    IRC logs for Tuesday, October 27, 2020



  26. Links 28/10/2020: FreeBSD 12.2, NixOS 20.09 and WordPress 5.6 Beta 2

    Links for the day



  27. Taking Our Efforts to the Next Level in an Increasingly Proprietary and Hostile Web

    Web users are being repressed by mechanisms of mass manipulation, control and restrictions; the Web may not be going away any time soon, but architectural and topological issues need to be overcome (the sooner, the better)



  28. Read Techrights Without a Web Browser

    Any text editor can now be used to read Techrights, owing to a daily bulletin we've set up and will maintain every day



  29. [Meme] Torvalds Assimilated

    People belatedly realise that Microsoft’s plan for Git (and for Linux) isn't for the betterment of those projects but for Microsoft monopoly



  30. Links 27/10/2020: FuguIta 6.8, Fedora 33, Red Hat Satellite 6.8, KDE Plasma 5.20.2 and GStreamer 1.18.1

    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