Bonum Certa Men Certa

Pharma Patents Have Become Harder to Enforce, So IAM Together With the Patent Microcosm Sets Up Lobbying Events

IAM: When "alternative facts" are up for sale (if one can afford them)

Battistelli and IAM



Summary: The difficulty associated with enforcing certain types of patents (more so after Mayo and €§ 101) means that litigious attitudes and reliance on law firms are decreasing; IAM strikes back with another one of its many lobbying events (designed to shape public opinion and influence key decision-makers)

THE concept of patents is pretty much universal, but not all patents are created equal. There are different sorts of patents ("families") pertaining to or belonging to different domains. Speaking of them all as though they're the same is the recipe for meaningless debates. Not all patents, for example, are a matter of life or death. Ethical aspects apply in some cases; sometimes pure economics.



"Not all patents, for example, are a matter of life or death."As we discovered quite recently, EPO oppositions can crash companies. In other words, wrong decisions (or intentions) to grant can be truly harmful and pretty awful to workers. Things get pretty freaky when patents are being claimed on life itself. Forward Pharma lost 30% of its value (or valuation) in just one day at the end of January. This was due to an EPO decision. Yes, some sectors are over-reliant on patents; there's no question about it. Here's an example from two days ago: (in the UK)

Shares in Scancell Holdings PLC rose sharply on Friday morning as the company said its Moditope immunotherapy platform is to be granted a European patent.

Scancell shares were up 11% on Friday at 13.54 pence per share.


How good is this European Patent (EP)? Well, there's lack of certainty under Battistelli, so Scancell Holdings PLC might be the next Forward Pharma (a one-day collapse).

"What we have here is a cross-continental fight taken up to the ITC and failing, having heavily relied on a patent from the USPTO."Pacific Biosciences is meanwhile attempting to 'compete' by causing embargo of its rival, Oxford Nanopore. We wrote about it some days ago and received plenty of comments from people involved in this matter. It's yet another one of those ITC examples where patent litigation is geared towards embargoes and bankruptcies, not innovation. Here is what the face-saving press release said (striving to justify waste of shareholders' money, spent on litigation). This campaign of patent litigation by Pacific Biosciences backfired pretty badly. "Pacific Bio down 2% premarket on ITC patent ruling," Wall Street media stated shortly thereafter. To quote: "The ITC interpreted the term "single-molecule sequencing" as limited to sequencing-by-synthesis approaches, determining that Oxford's sequencing approach is not "single-molecule sequencing.""

What we have here is a cross-continental fight taken up to the ITC and failing, having heavily relied on a patent from the USPTO.

We have become increasingly supportive of the USPTO because it continues to deny patents on life and even software patents. PTAB helps and gravitates towards that. See the latest PTAB Life Sciences Report by John Cravero and Pharma Patents Blog writing about 35 U.S.C. €§ 101 rejections (not just based on Alice but also Mayo):

We’ve written previously about ex parte decisions of the Patent Trial and Appeal Board (PTAB) affirming patent eligibility rejections that seem to be inconsistent with the USPTO’s Subject Matter Eligibility Guidance. Apparently, applicants should be wary about appealing any rejection of a diagnostic method claim, because the PTAB may enter sua sponte patent eligibility rejections even if the examiner did not make a €§ 101 rejection.


Aside from €§ 101 there's also 35 U.S.C. €§ 102. Hospira, based on this blog post, wins again. MedCo's patent has been declared bogus as per €§ 102. To quote:

In the litigation, Hospira argued both (1) that the MedCo patents were invalid and (1) that Hospira’s proposed generic Angiomax drug would not infringe. The district court sided with MedCo on the first point (patents not invalid) but with Hospira on the second (patents not infringed). On appeal, the Federal Circuit has affirmed the non-infringement ruling but reversed on the on sale issue. The interesting portion is the on sale question.


Benjamin Anger and Jacob R. Rosenbaum wrote about it some days ago (very detailed).

"They get what they paid for. It's pure lobbying/marketing."As one can expect, the litigation 'industry' isn't particularly happy about that. Many patents are being invalidated, which must be causing decrease in demand for patents and lawsuits (their main "offerings" or "services" or "products").

There's a "Pharma and Biotech IP Summit" being organised by IAM and as one can expect, the bill for this lobbying event is being footed by the main participants. "Finnegan is a Gold sponsor of IAM Magazine," it says. There's therefore a paid-for 'talk' (marketing). This not only helps Finnegan control the 'debate'; it also keeps IAM on their 'good side' (maybe IAM will give Finnegan some more of these bogus 'rewards' or 'endorsements'). "Jen Roscetti will present "The View from the United States" at @IAM_magazine's #Pharma and #Biotech #IP Summit in London," Finnegan wrote the other day. They get what they paid for. It's pure lobbying/marketing.

"Either way, "Pharma and Biotech IP Summit" is an IAM sham. It's sponsored by and dominated by the patent microcosm."With all honesty, more people ought to speak out about IAM's "business model", which involves collecting cash, pushing agenda (in the form of 'news' or staged 'debates'), offering bogus 'endorsements', and issuing 'studies' for people like Battistelli (bolstering his lies). There's nothing benign about it. IAM is effectively a think tank and even some less senior insiders must have realise it. Several of them left, only to be replaced by relatively young and inexperienced writers. Tim Lince, it should be noted, is still listed as a writer at IAM, but he wrote nothing this year and only 1 (one!) blog post last year. Many writers left and perhaps associating with people Battistelli (as we last noted last night) won't save them but only cause further harm.

Either way, "Pharma and Biotech IP Summit" is an IAM sham. It's sponsored by and dominated by the patent microcosm. It's like a propaganda platform facilitated by Joff Wild and his cohorts. He did the same for UPC (with cash from the EPO's PR firm).

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 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
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025