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

05.14.18

A Sham and a Scam: How Patent Extremists Continue to Promote a Mohawks and Allergan Ploy Against PTAB, Even After Oil States

Posted in America, Patents at 12:31 am by Dr. Roy Schestowitz

Totem

Summary: Watchtroll carries on promoting the ‘case’ of Allergan, which is grossly misusing tribal immunity to protect dodgy patents that it uses to deny access to medicine

THE patent extremists have become truly unpleasant. They not only ousted the Director of the USPTO (Michelle Lee, who was pretty good) but they are also SLAPPing me in an effort to silence me. They are legal bullies for a living (threatening companies and suing companies), so why stop short? Why not threaten officials, publishers and bloggers too?

St. Regis Mohawk Tribe, along with Allergan, came up with what many people online have dubbed a “scam”; for daring to point this out the perpetrators send me threats by E-mail and also threats to my door (using special couriers). This, as far as I can tell, has not been condemned by anyone inside the patent microcosm, only people outside it. SLAPP is apparently fine with these thugs.

“St. Regis Mohawk Tribe, along with Allergan, came up with what many people online have dubbed a “scam”; for daring to point this out the perpetrators send me threats by E-mail and also threats to my door (using special couriers).”24 hours ago Patent Docs, which had promoted this “scam” many times before, advertised this event of Kirkland & Ellis LLP. The Intellectual Property Law Association of Chicago (IPLAC) will have one of those stacked ‘panels’ on the patent “scam” which is misusing tribes to avoid being held to justice.

Watchtroll has also just promoted — yet again — this patent “scam” of Mohawks and Allergan, basically seeking to dodge the law so as to avoid PTAB. Here is how Watchtroll put it:

On April 18th, counsel representing the St. Regis Mohawk Tribe and the multinational pharmaceutical firm Allergan filed an appeal brief at the Court of Appeals for the Federal Circuit. The appellants are appealing from a series of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) where the Board made the controversial decision to deny motions to dismiss the IPRs on a sovereign immunity defense raised by the St. Regis tribe. On appeal, St. Regis and Allergan asks the Federal Circuit to determine whether the PTAB erred either in holding that tribal immunity does not apply to IPR proceedings and in deciding that Allergan was the “effective patent owner,” enabling the IPRs to proceed in the St. Regis tribe’s absence even if tribal immunity applied.

[...]

Even if the PTAB were to correctly identify Allergan as an “effective owner” of the patents, appellants argue that the Board still should have dismissed the IPRs on the sovereign immunity defense as the tribe is an indispensable party to the proceedings. By refusing to do so, the PTAB acted against precedent set by the Supreme Court in 2008’s Republic of the Philippines v. Pimentel, where the Court found that the case may not proceed “when a required-entity sovereign is not amenable to a suit.” The PTAB further failed to follow the reasoning stemming from the Federal Circuit’s 2010 decision in A123 Systems v. Hydro-Quebec, where the Federal Circuit found that proceeding without a sovereign posed a significant risk of prejudice as the sovereign could have lost rights without the opportunity to defend its interests.

The following day Watchtroll carried on supporting the patent “scammer” (Allergan) whose goal is to avoid scrutiny of its patents so that it can deny access to medicine. Arie Michelsohn totally dismisses ethical grounds and overlooks the “scammy” elements. As if it’s for the “greater good” of patent extremists. Allergan’s side/argument was boosted as follows:

A case in point can be found in Allergan’s “second wave” of Restasis patents, which were obtained by the drug company late in the term of the original Restasis patents that expired in 2014—and which sought to effectively extend this term by nearly a decade. These second-wave patents include U.S Patent No. 8,629,111 (“the ‘111 patent”), which was asserted along with several others against three generic drug companies in the Eastern District of Texas, and which Judge Bryson of the Federal Circuit, sitting by designation, found invalid last October.

Notice the difference between the Eastern District of Texas and CAFC.

“If Allergan is so confident that its patents are worth the paper they’ve been given by the patent office, then it won’t see need in spending about 10 million dollars for some US-based tribe to participate in a “scam” (arranged through dodgy shells).”There’s a reason why limits on patent scope are necessary. The most important question is, where or why should we put limits on patents? There must be limits, based on economic/scientific evidence. Otherwise patents won’t be worth the paper they’re printed on. Writing about Eli Lilly v Actavis a few days ago, IP Kat published this post regarding “the Scope of Patent Protection” in Singapore.

If Allergan is so confident that its patents are worth the paper they’ve been given by the patent office, then it won’t see need in spending about 10 million dollars for some US-based tribe to participate in a “scam” (arranged through dodgy shells).

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. Florian Müller's Article About SEPs and the EPO

    Report from the court in Munich, where the EPO is based



  2. EPO Vice-President Željko Topić in New Article About Corruption in Croatia

    The Croatian newspaper 7Dnevno has an outline of what Željko Topić has done in Croatia and in the EPO in Munich; it argues that this seriously erodes Croatia's national brand/identity



  3. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  4. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  5. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  6. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team



  7. Links 9/12/2018: New Linux Stable Releases (Notably Linux 4.19.8), RC Coming, and Unifont 11.0.03

    Links for the day



  8. Links 8/12/2018: Mesa 18.3.0, Mageia 7 Beta, WordPress 5.0

    Links for the day



  9. The European Patent Organisation is Like a Private Club and Roland Grossenbacher is Back in It

    In the absence of Benoît Battistelli quality control at the EPO is still not effective; patents are being granted like the sole goal is to increase so-called 'production' (or profit), appeals are being subjected to threats from Office management, and external courts (courts that assess patents outside the jurisdiction of the Office/Organisation) are being targeted with a long-sought replacement like the Unified Patent Court, or UPC (Unitary Patent)



  10. Links 7/12/2018: GNU Guix, GuixSD 0.16.0, GCC 7.4, PHP 7.3.0 Released

    Links for the day



  11. The Federal Circuit's Decision on Ancora Technologies v HTC America is the Rare Exception, Not the Norm

    Even though the PTAB does not automatically reject every patent when 35 U.S.C. § 101 gets invoked we're supposed to think that somehow things are changing in favour of patent maximalists; but all they do is obsess over something old (as old as a month ago) and hardly controversial



  12. The European Patent Office Remains a Lawless Place Where Judges Are Afraid of the Banker in Chief

    With the former banker Campinos replacing the politician Battistelli and seeking to have far more powers it would be insane for the German Constitutional Court to ever allow anything remotely like the UPC; sites that are sponsored by Team UPC, however, try to influence outcomes, pushing patent maximalism and diminishing the role of patent judges



  13. Many of the Same People Are Still in Charge of the European Patent Office Even Though They Broke the Law

    "EPO’s art collection honoured with award," the EPO writes, choosing to distract from what actually goes on at the Office and has never been properly dealt with



  14. Links 6/12/2018: FreeNAS 11.2, Mesa 18.3 Later Today, Fedora Elections

    Links for the day



  15. EPO, in Its Patent Trolls-Infested Forum, Admits It is Granting Bogus Software Patents Under the Guise of 'Blockchain'

    Yesterday's embarrassing event of the EPO was a festival of the litigation giants and trolls, who shrewdly disguise patents on algorithms using all sorts of fashionable words that often don't mean anything (or deviate greatly from their original meanings)



  16. The Patent Litigation Bubble is Imploding in the US While the UPC Dies in Europe

    The meta-industry which profits from feuds, disputes, threats and blackmail isn't doing too well; even in Europe, where it worked hard for a number of years to institute a horrible litigation system which favours global plaintiffs (patent trolls, opportunists and monopolists), these things are going up in flames



  17. Links 5/12/2018: Epic Games Store, CrossOver 18.1.0, Important Kubernetes Patch

    Links for the day



  18. Links 4/12/2018: LibrePCB 0.1.0, SQLite 3.26.0, PhysX Code

    Links for the day



  19. EPO Management Keeps Embarrassing Itself, UPC More Dead Than Before, and Nokia Turns Aggressive

    The EPO’s race to the bottom of patent quality continues, it’s now complemented by direct association with patent trolls and law stands in their way (for they repeatedly violate the law)



  20. The Intellectual Property Owners Association (IPO) and IBM Are Part of the Software Patents Problem in the United States

    IBM's special role in lobbying for software patents (and against PTAB) needs to be highlighted; even Ethereum’s co-founder isn't happy about IBM's meddling in the blockchain space (with help from Hyperledger/Linux Foundation)



  21. The Patent Trial and Appeal Board (PTAB) Not Falling for Attempts to Prevent It From Instituting Challenges

    In the face of patent maximalists' endless efforts to derail patent quality the tribunal keeps calm and carries on smashing bad patents



  22. Links 2/12/2018: Linux 4.20 RC5, Snapcraft 3.0, VirtualBox 6.0 Beta 3

    Links for the day



  23. The Patent Microcosm Hopes That the Federal Circuit Will Get 'Tired' of Rejecting Software Patents

    Trolls-friendly sites aren't tolerating this court's habit of saying "no" to software patents; the Chief Judge meanwhile acknowledges that they're being overrun by a growing number of cases/appeals



  24. 35 U.S.C. § 101 Continues to Crush Software Patents and Even Microsoft Joins 'the Fun'

    The Court of Appeals for the Federal Circuit (CAFC) and even courts below it continue to throw out software patents or send them back to PTAB and lower courts; there is virtually nothing for patent maximalists to celebrate any longer



  25. The Anti-Section 101 (Pro-Software Patents) Lobby Looks at New Angles for Watering Down Guidelines and Caselaw

    By focusing on jury trials and patent trolls the proponents of bunk, likely-invalid abstract patents hope to overrule or override technical courts such as the Patent Trial and Appeal Board (PTAB)



  26. Patent Trolls, USPTO Director Andrei Iancu and Section 101

    The world’s most important patent office is now run by a courts-hostile person (an 'American Battistelli') who is happy to ignore the courts’ caselaw and listen to patent trolls instead; this means that science and technology, not to mention the law itself, will suffer



  27. Be Wary of the Latest Lies About the Unified Patent Court (UPC), Courtesy of CIPA and Marks & Clerk (Team UPC)

    It's rather noteworthy that no matter how grim things have become for Team UPC, which drafted and promoted new laws for self-enrichment purposes, these people persist with all the same lies that predate several more barriers, which no doubt will prove fatal to the Unified Patent Court Agreement (UPCA)



  28. Links 1/12/2018: 4MLinux 27.0, GNU Wget 1.20 Released

    Links for the day



  29. EPO Management High-Fiving Patent Propaganda Sites Like 'Managing IP' While Granting Illegitimate Patents on Algorithms

    Having mastered the art of hype and buzzwords, the management of the EPO carries on pretending that it does nothing wrong by rubber-stamping abstract patents on mathematics



  30. “ILO Gave the EPO Medical Committee a Good Slapping”

    The Technical Centre for Agricultural and Rural Cooperation quits ILO (or its jurisdiction), whose tribunal has just released very few new decisions, only one of which regarding the EPO


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