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

04.01.18

Watchtroll and Patent Docs Do Anything They Can to Undermine PTAB, Even Adopting and Defending a Patent “Scam”

Posted in America, Patents at 10:38 am by Dr. Roy Schestowitz

Allergan has a dodgy past (and past practices) going quite some time back

Pfizer Buying Allergan So It Can Pretend To Be Irish In Tax Scam
Reference (2015): Pfizer Buying Allergan So It Can Pretend To Be Irish In Tax Scam

Summary: The patent “scam” of Allergan, which is attempting to hide its patents within an American tribe’s belly so as to misuse its tribal/sovereign immunity, is still being promoted enthusiastically by anti-PTAB sites, which also resort to attacking politicians who formally prevent such attempted misuse of immunity

THE USPTO‘s reassessment of granted patents, owing to PTAB, is improving patent quality and significantly reducing the number of patent lawsuits.

Earlier today Watchtroll (never mind if it’s Sunday) resumed its PTAB bashing. Robert Schaffer, Joseph Robinson and Gene Quinn gave more tips to that effect and so did Patent Docs, another PTAB-hostile site which earlier today advertised a conference “Exploring Oil States vs. Greene’s Energy Group and the constitutionality of IPR proceedings” (Oil States decision will come soon).

It certainly looks like Watchtroll is trying to manufacture controversy around PTAB. With Michael Shore as a guest writer there, it’s pretty clear what agenda the site has in mind. The same goes for Patent Docs, whose most prolific writer, Kevin E. Noonan, mostly writes pieces against PTAB while piggbacking the patent “scam” of an American tribe. Some days ago Watchtroll bashed expanded PTAB panels (we responded to this at the time) and those same panels are obviously disliked by people who dislike PTAB in general (no matter what substance the arguments may have) because they are patent maximalisms who do not tolerate patent quality. Noonan had a go at it (expanded PTAB panels) some days ago while Watchtroll tries to cook up another fake scandal.

At around the same time Noonan also did some ‘lip service’ to Michael Shore and his client, who are basically gaming the system in order to exploit tribal immunity (to overcome PTAB). To quote:

The Federal Circuit has granted the St. Regis Mohawk Tribe’s motion for stay in inter partes review proceedings before the Patent Trial and Appeal Board, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. In the Order, the Court notes that the

Not too shockingly, Watchtroll, where Michael Shore is a guest writer, wrote about this too (and almost at the same time). To quote:

The dispute between the Saint Regis Mohawk Tribe and Mylan Pharmaceuticals arose when Allergan transferred the RESTASIS patents to the Tribe so a claim of sovereign immunity could be raised, which would divest the Patent Trial and Appeal Board (PTAB) of jurisdiction. The Tribe filed a motion to dismiss the various inter partes review (IPR) proceedings instituted against the RESTASIS patents by the PTAB at the request of Mylan. In a controversial and questionable decision the PTAB panel assigned to the case refused to recognize the Mohawk claim of sovereign immunity. It has since been learned through Freedom of Information Act (FOIA) requests that the three Administrative Patent Judges (APJs) assigned to the case engaged in off-the-record deliberations with supervising APJs, which on its face seems to clearly violate the Administrative Procedures Act (APA).

Well, Federal judges, politicians, PTAB itself and many others around the Web have already condemned what the St. Regis Mohawk Tribe and Allergan lawyers are hoping to accomplish. It has been called a “scam” many times, a judge called it a “sham”, and several US politicians already work on formally banning the practice.

We’re not sure if there’s a loop of communication there, basically a sort of group that attempts to bolster the patent “scam” in the media. What we know for sure is that Watchtroll remains supportive of a patent “scam” which it perceives to be helpful to its anti-PTAB (anti-patent quality) agenda. Watchtroll already attacks some of the main politicians who tackle the issue, notably Senator Claire McCaskill, whom we wrote about several times before. To quote:

On March 7, 2018, Senator Tom Cotton (R-AR) and Senator Claire McCaskill (D-MO), along with Senators Pat Toomey (R-PA), Joni Ernst (R-IA), David Perdue (R-GA), introduced the Preserving Access to Cost Effective Drugs Act. The bill, which is also known as the PACED Act, is allegedly for the purpose of restoring “the power of the Patent and Trade Office and federal courts, and the International Trade Commission to review patents regardless of sovereign immunity claims made as part of sham transactions.”

While the definition of “sham transactions” might be in the eye of the beholder, this bill is clearly, and objectively, aimed at stopping the type of transaction Allergan entered into with the Saint Regis Mohawk Tribe on the RESTASIS patents.

A couple of days later came another rant from Watchtroll, shaming technology firms as usual. “Myopia and hubris explain why tech elite lobby for a weakened patent system,” said the headline. They dare calling “weak” strong patents, or a system that encourages strong/legitimate patents.

Then came Watchtroll with more bashing of politicians, having already bashed judges many times over the years. “The House IP Subcommittee: A Bunch of Fiddling Neros Watching the U.S. Patent System Burn” was the headline and it repeats debunked accusations of “panel stacking”, which is just Watchtroll’s attempt to manufacture scandals that do not (or barely) exist. To quote:

Informed observers of the patent system who watched the hearing would recognize that there was absolutely no attention paid by the House Judiciary leadership of the actual harms brought to bear by the PTAB on the U.S. patent system. The obvious anti-patent views of witnesses testifying before Congress was just further proof that panel stacking is not just an issue at the PTAB.

All in all, Watchtroll and Patent Docs remain determined to attack PTAB by any means possible, even by boosting a patent “scam”, attacking politicians, smearing judges, and so on. Such is the nature of patent extremists.

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. Can Trade Secrets Litigation Replace (in Part) Patent Litigation?

    Seeing DTSA as an opportunity to combat their competition, more firms now choose to file trade secret cases whereas patent cases continue their sharp decline



  2. Links 22/7/2018: Neptune 5.4, NetBSD 8.0

    Links for the day



  3. The EPO (European Patent Office) Under António Campinos is Just Another Battistelli EPO; Still UPC and Software Patents Lobbying

    Campinos has done pretty much nothing but a single blog post since taking Office; it makes one wonder what he's doing all day and whether he ever intends to tackle all the abuses that compelled the Council to replace Battistelli



  4. Cisco v Arista Networks is a Stain on the Reputation of the US International Trade Commission (ITC) and It's Beginning to Recognise This

    Cisco is leveraging software patents which PTAB deemed to be invalid against a much smaller firm (revenue ~30 times smaller), demanding an embargo and bypassing the ordinary routes of justice by turning to the ITC



  5. Openet Has Been Intimidated by Amdocs Using Another Patent Infringement Lawsuit

    Amdocs is still engaging in legal intimidation and litigious bullying against its much smaller rivals/competitors; Openet is the latest reminder of it, having paid an undisclosed amount of money to end the dispute



  6. Federal Circuit Judges Moore, Dyk and Reyna Tell Allergan That It is Not Above the Law

    Allergan and a Native American tribe have lost their ridiculous case; after swapping tens of millions of dollars in pursuit of immunity for patents they've lost again (in what's likely their last resort/appeal); expect the patent microcosm to attempt to distract from it (like they did Oil States)



  7. Links 20/7/2018: MusicBrainz is Back, Microsoft Pushing .NET Through Canonical

    Links for the day



  8. Some US Patents' Quality is So Low That There's a Garden Clearance/Fire Sale

    Rather than shoot worthless patents into orbit where they belong the Allied Security Trust (AST), collector of dubious patents, will try to sell them to gullible opportunists and patent trolls (even if the said patents would likely perish in courts)



  9. When Amplifying the Message of 'Global Innovation Index 2018' IP Watch Sounds Like WIPO and IP Watchdog (Watchtroll)

    In addition to senatorial efforts and misleading debates about patents, we now contend with something called “Global Innovation Index 2018," whose purpose appears to be similar to the debunked Chamber of Commerce's rankings (quantifying everything in terms of patents)



  10. Erosion of Patent Justice in Europe With Kangaroo Courts and Low-Quality European Patents

    The problematic combination of plaintiff-friendly courts (favouring the accuser, just like in Eastern Texas) and low-quality patents that should never have been granted



  11. Mafia Tactics in Team UPC and Battistelli's Circle

    Mafia-like behaviour at the EPO and the team responsible for the Unified Patent Court (UPC); appointments of loyal friends and family members have become common (nepotism and exchange of favours), as have threats made towards critics, authorities, and the press



  12. Australia Says No to Software Patents

    Rokt is now fighting the Australian patent office over its decision to reject software patents; Shelston IP, an Australian patent law firm (originally from Melbourne), already meddles a great deal in such policies/decisions, hoping to overturn them



  13. Links 19/7/2018: Krita 4.1.1, Qt Creator 4.7.0, and Microsoft-Led Lobby Against Android in EU

    Links for the day



  14. IAM is Pushing SEPs/FRAND Agenda for Patent Trolls and Monopolists That Fund IAM

    The front group of patent trolls, IAM, sets up an echo chamber-type event, preceded by all the usual pro-FRAND propaganda



  15. “Trade Secrets” Litigation Rising in the Wake of TC Heartland, Alice, Oil States and Other Patent-Minimising Decisions

    Litigation strategies are evolving in the wake of top-level decisions that rule out software patents, restrict venue shifting, and facilitate invalidation of patents even outside the courtroom



  16. The EPO -- Like the Unified Patent Court (UPC) and Unitary Patent System -- is an Untenable Mess

    The António Campinos-led EPO, nearly three weeks under his leadership, still fails to commit to justice (court rulings not obeyed), undo union-busting efforts and assure independence of judges; this, among other factors, is why the Office/Organisation and the UPC it wants to manage appear more or less doomed



  17. Links 18/7/2018: System76's Manufacturing Facility, Microsoft-Led Lobby for Antitrust Against Android

    Links for the day



  18. What Patent Lawyers Aren't Saying: Most Patent Litigation Has Become Too Risky to be Worth It

    The lawyers' key to the castle is lost or misplaced; they can't quite find/obtain leverage in courts, but they don't want their clients to know that



  19. Software Patents Royalty (Tax) Campaign by IBM, a Serial Patent Bully, and the EPO's Participation in All This

    The agenda of US-based patent maximalists, including patent trolls and notorious bullies from the United States, is still being served by the 'European' Patent Office, which has already outsourced some of its work (e.g. translations, PR, surveillance) to the US



  20. The European Council Needs to Check Battistelli's Back Room Deals/Back Door/Backchannel With Respect to Christian Archambeau

    Worries persist that Archambeau is about to become an unworthy beneficiary (nepotism) after a Battistelli setup that put Campinos in power, supported by the Belgian delegation which is connected to Archambeau, a national/citizen of Belgium



  21. PTAB and § 101 (Section 101) Have Locked the Patent Parasites Out of the Patent System

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) have contributed a great deal to patent quality and have reduced the number of frivolous patent lawsuits; this means that firms which profit from patent applications and litigation hate it with a passion and still lobby to weaken if not scuttle PTAB



  22. Patents on Computer Software and Plants in the United States Indicative of Systemic Error

    The never-ending expansion of patent scope has meant that patent law firms generally got their way at the patent office; can the courts react fast enough (before confidence in patents and/or public support for patents is altogether shattered)?



  23. Yesterday's Misleading News From Team UPC and Its Aspiring Management of the Unified Patent Court (UPC)

    The Unified Patent Court (UPC) enthusiasts — i.e. those looking to financially gain from it — continue to wrestle with logic, manipulate words and misrepresent the law; yesterday we saw many law firms trying to make it sound as though the UPC is coming to the UK even though this isn’t possible and UPC as a whole is likely already dead



  24. Time for the European Commission to Investigate EPO Corruption Because It May be Partly or Indirectly Connected to EU-IPO, an EU Agency

    The passage of the top role at the EU-IPO from António Campinos to Christian Archambeau would damage confidence in the moral integrity of the European Council; back room deals are alleged to have occurred, implicating corrupt Battistelli



  25. Links 17/7/2018: Catfish 1.4.6 Released, ReactOS 0.4.9, Red Hat's GPL Compliance Group Grows

    Links for the day



  26. Links 16/7/2018: Linux 4.18 RC5, Latte Dock v0.8, Windows Back Doors Resurface

    Links for the day



  27. Alliance for US Startups and Inventors for Jobs (USIJ) Misleads the US Government, Pretending to Speak for Startups While Spreading Lies for the Patent Microcosm

    In the United States, which nowadays strives to raise the patent bar, the House Small Business Committee heard from technology firms but it also heard from some questionable front groups which claim to support "startups" and "jobs" (but in reality support just patents on the face of it)



  28. 'Blockchain', 'Cloud' and Whatever Else Gets Exploited to Work Around 35 U.S.C. § 101 (or the EPC) and Patent Algorithms/Software

    Looking for a quick buck or some low-quality patents (which courts would almost certainly reject), opportunists carry on with their gold rush, aided by buzzwords and hype over pretty meaningless things



  29. PTAB Defended by the EFF, the R Street Institute and CCIA as the Number of Petitions (IPRs) Continues to Grow

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) come to the rescue when patently-bogus patents are used, covering totally abstract concepts (like software patents do); IPRs continue to increase in number and opponents of PTAB, who conveniently cherry-pick Supreme Court (SCOTUS) decisions, can't quite stop that



  30. IAM/Joff Wild May Have Become a de Facto Media Partner of the Patent Troll iPEL

    Invitation to trolls in China, courtesy of the patent trolls' lobby called "IAM"; this shows no signs of stopping and has become rather blatant


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