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

Corporate Media: Blame the People Who Enter the Abandoned IBM Buildings, Not IBM for Abandoning Workers in Pursuit of IT Sweatshops
When the media spreads falsehoods stocks can go up (a lot higher), but at whose expense and how long for?
SUEPO Munich Report on the Recent EPO Demonstration and Rolling Strikes That Continue to Grow
"increasing registrations for the 'rolling strikes' running until autumn"
Gemini Links 11/07/2026: Old Computer challenge, Poems, Antenna, and More
Links for the day
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026
Blogs May be Making a Comeback (They're Not Fediverse, They Are Joined by RSS Feeds)
Don't fake expansion where none existed
ChromeOS and GNU/Linux in the United Kingdom Reach 11%
the UK shows signs of digital maturity
Canonical is Selling Microsoft, It Pays The Register MS to Sell Microsoft
It's all about money to them. And they call this journalism.
When Red Hat's HR Becomes the Same as IBM's HR (Bluewashing)
Red Hat keeps sacking very experienced engineers and adding temporary interns
GNU/Linux Growing in East Asia
Assuming this is more or less accurate, we could use a plausible explanation
Over a Week After Microsoft Discontinued Some XBox Models It Apparently Exits Some Markets Altogether
We seem to be witnessing the end of XBox
Links 11/07/2026: "Trademark wars of Influencer Culture", Xinuos Uses Copyrights Versus UNIX
Links for the day
North America: GNU/Linux Measured at 10%
To better understand what contributes to the gains
Following Corrections and Adjustments statCounter Sees GNU/Linux at 7.1%, an All-Time High
There is a lot of layoffs at Microsoft this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 10, 2026
IRC logs for Friday, July 10, 2026
Links 11/07/2026: Wednesday-Saturday News Catch-up
Links for the day
Prioritising High-Importance News
In order to fully catch up with news we'll not publish many new articles until next week
The Register MS: "AI" More Than 80 Times in One Article. But It's Not an Article, It's Sponsored Keyword-stuffed Page.
The Register MS is being paid to actively promoted this scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 09, 2026
IRC logs for Thursday, July 09, 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 08, 2026
IRC logs for Wednesday, July 08, 2026