Bonum Certa Men Certa

The So-called 'Big Pharma' Industry is Hoping to Weaken If Not Eliminate PTAB

Not generics

Pharma



Summary: After the saga of Kyle Bass, who was filing many IPR petitions, companies like Allergan resort to "scams" in an effort to dodge scrutiny of their patents

TECHRIGHTS rarely deals with any patents other than software patents. Having said that, there's plenty at stake in PTAB, which invalidates many software patents. This is why we write about Allergan; in some cases, PTAB is put at risk by drugs. Lots of monopoly money is at stake. The giants are afraid of genetics.



John Cravero's overview of PTAB cases regarding medicine (or chemistry or life sciences more broadly/for the most part) was published some days ago. So was this post from the Pharma Patents Blog, which said that the "Federal Circuit Emphasizes Need For Reasonable Expectation Of Success" in relation to the following:

The patent at issue was Genzyme’s U.S. Patent 7,897,590, directed to methods of promoting the flow of stem cells into blood for transfusion using a specific combination of drugs. The stem cells are used to treat non-Hodgkins lymphoma and other blood cancers.


Over the weekend IAM also remarked on hype and speculations about "a pharma patent deal-making surge" -- a hype which it generally rejected, noting: "A flurry of pharmaceuticals transactions in January has led several observers to describe the past month as the best start to M&A in recent years, and has further encouraged predictions of a surge in patent-driven acquisitions in 2018."

Arthrex, a medical device company, was recently mentioned in relation to estoppel and it's mentioned again today (Sunday is busy at Watchtroll). It was also alluded to some days ago by Finnegan. It involves PTAB:

During the early stages of an IPR proceeding initiated by Smith & Nephew, patent owner Arthrex disclaimed all patent claims challenged in the petition. Arthrex then filed a preliminary response contending that institution should be denied due to the disclaimer. To avoid the estoppel effects of 37 C.F.R. €§ 42.73(d), Arthrex also argued that an adverse judgment should not be entered. The PTAB, however, issued an adverse judgment against Arthrex, and the Federal Circuit affirmed.


Yes, the Federal Circuit (CAFC) typically agrees with PTAB. In some cases CAFC is even tougher than PTAB on patent quality, as Watchtroll cared to admit yesterday. To quote:

In an appeal from an IPR in which the Board upheld the patentability of several patent claims, the Federal Circuit vacated the decision and remanded to the Board with instructions to consider the patentability of certain dependent claims.


We are watching these things closely even when it isn't software that's at stake because there are many vicious attacks on PTAB and sometimes CAFC as well these days. The goal is to eliminate every IPR and shield software patents, among other bad/abstract patents. We cannot just let that happen.

Recent Techrights' Posts

Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
 
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025