Bonum Certa Men Certa

With $2.5 Billion in Claimed (and Won) 'Damages' in One Single Patent Case of a Pharmaceutical Giant, Does the Patents for 'Small Guy' Myth Still Pass Muster?

Even the iconic light bulb invention is an epic example of corporate raiding (Thomas Edison, a famous patent troll-like personality, didn't invent it)

Hand idea



Summary: A look at a record-breaking patent decision where the winner denies affordable access to medicine and other new examples of large companies crushing small competitors (that are not patent trolls)

WHILE BILLIONAIRES' favourite media pushes a misleading narrative of "patents for the little guy" it is important to remind ourselves who runs the USPTO, who the USPTO works for, and who the USPTO speaks to (e.g. in consultations that are misleadingly called "roundtables" every once in a few years). Under Battistelli's autocracy the same thing has been happening at the EPO.



Days ago, not too long before Christmas, Professor Crouch said that "Merck’s sub Idenix was just awarded $2.54 billion for Gilead’s infringement of its Hep-C treatment patents. Asserted patents include Nos. 6,914,054, 7,105,499, 7,608,597, and 8,481,712.. D.Del. Case No.14-cv-00846-LPS. Merck announced that a patent right “guarantees a period of return on investment [and as such] patent protection provides the research-based pharmaceutical and biotechnology industries with an incentive to invest in research and development.”"

Will the money be pumped into R&D? Of course not. Merck is lying as usual (see our articles about Merck [1, 2, 3]). Does society benefit from the increased pricing? Obviously not. Those who benefit here are already-affluent shareholders and executives. "A Delaware jury has ordered Gilead Sciences to pay $2.54 billion in damages to Merck," MIP wrote. And what for? It's "for infringing a patent related to hepatitis C treatment." In other words, monopoly on potentially life-saving drugs. "It is the largest-ever patent damages award," MIP wrote.

Suffice to say, hepatitis C does not affect many people in rich countries.

Readers of ours, or readers of sites like IP Watch, will certainly understand what's wrong with this. It also serves to remind us who this patent system is for: billionaires. Not poor, ill, impoverished people.

Here is another new report that asks: "Are preliminary injunctions regarding patents in the drug, chemical and medical device industry more likely to succeed than PIs for other types of patents?"

For those who don't know what injunctions technically mean, a term like embargo might be more familiar. And who suffers? Or dies? Poor people of course.

Returning to the notion of "reasonable" patent tax, here we have Patently-O entertaining words like "fair", "reasonable" and "non-discriminatory", which are spurious euphemisms so often used to soften the image of reduction in access to medicine. To quote Patently-O:

A new draft paper by Professor Michael Risch (Un)Reasonable Royalties positions itself as a major reconsideration of the way that we calculate damages in patent cases. This revolution has been brewing in academic circles, but I expect the spillovers into case law will be coming soon. Over the past few years the Federal Circuit has pushed for more explicit discussion and explanation of damages. (See Lucent and Uniloc). However, Risch argues that the result has been a “piling” of “rigid rules” rather than economic rationality.


There should be ethical rationality, not just economic rationality, assuming that laws should be written for society as a whole, not just top wealth holders (or hoarders). Sadly, we still live in a world where copyright law and patent law are dominated by few conglomerates, to be used as tools of oppression or occupation against the population at large.

"Tile Tech had also destroyed evidence," said another new article from Patently-O, noting that some firms that are accused of patent infringement are now being treated like criminals (with forensic terminology). To quote:

United Construction was won on default judgment and was awarded a permanent injunction to bar Tile Tech from ongoing infringement of its U.S. Patent No. 8,302,356. Although Tile Tech had participated in the case, it had missed many discovery deadlines and had produced only two document – both of which were nonresponsive. The district court issued an order to comply with a warning that failure to comply would result in default judgment. Tile Tech did not respond to the order and the court then entered default judgment. (Tile Tech had also destroyed evidence …)


So from what we can gather, here we have another relatively small company being pushed around by a much bigger company. The only case where the smaller party is the plaintiff tends to be a classic troll case, where the plaintiff makes nothing at all and just tours the courts (or demands settlements out of court). Where are those mythical stories about little inventors (not patent trolls) 'sticking it' to Goliaths?

Recent Techrights' Posts

Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025